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*April 18, 2017 Agenda Packet
April 18, 2017 Dublin City Council Agenda Page 1 of 3 REGULAR MEETING Tuesday, April 18, 2017 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov) Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650. A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. REGULAR MEETING 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Proclamation for American Red Cross Month, March 2017 The City Council will present a proclamation recognizing March 2017 was American Red Cross Month. STAFF RECOMMENDATION: Present the proclamation. 3.2. St. Patrick's Day Festival Report The City Council will receive a report on the 2017 St. Patrick's Day Festival, formally accept event sponsorship donations and recognize the sponsors. STAFF RECOMMENDATION: Receive the report, formally accept the sponsorship donations and recognize the sponsors. 3.3. Employee Introductions: Marissa Clevenger, Sgt. Alan Dumatol, Sgt. Chris Shepard, Diana Mann, Darla Murtaugh, Danielle Diaz, and Michael Boitnott. New City Staff members Marissa Clevenger, Public Works Office Assistant II; and Dublin Police Services Sergeant Alan Dumatol will be introduced, and City Staff members Dublin Police Services Sergeant Chris Shepard; Diana Mann, Parks and Community Services Senior Office Assistant; Darla Murtaugh, City Manager's Office Senior Office Assistant; Danielle Diaz, Finance Technician I; and Michael Boitnott, Capital Improvement Project Manager will be re-introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. 3.4. Report on 2017 Dublin Pride Week Activities The City Council will receive a report on the planned activities for the 2017 Dublin Pride Week, scheduled for April 29 - May 6, 2017. STAFF RECOMMENDATION: Receive the 2017 Dublin Pride Week activities report. 3.5. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions April 18, 2017 Dublin City Council Agenda Page 2 of 3 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. April 4, 2017 City Council Minutes The City Council will consider approval of the minutes of the April 4, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 4, 2017 Regular City Council meeting. 4.2. Small Business Week Proclamation The City Council will proclaim April 30-May 6, 2017, as “Small Business Week” in the City of Dublin in conjunction with National Small Business Week. During this week, Dublin will co-host a regional small business event, Tri-Valley CommerceCon, in order to bring resources to the small business community. STAFF RECOMMENDATION: Present the proclamation. 4.3. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from March 1, 2017 – March 31, 2017 totaling $4,741,657.38. STAFF RECOMMENDATION: Receive the report. 4.4. Development Agreement Extension for the Dublin Gateway Medical Center Project at 4084 & 4100 Dublin Boulevard (PA 06-026), Second Reading The Applicant is requesting an extension to the existing Development Agreement for the Dublin Gateway Medical Center. The Development Agreement vested the hospital alternative Planned Development Zoning, Conditional Use Permit and Site Development Review entitlements approved in 2007. The Development Agreement will expire on July 6, 2017 unless extended before that time. The Applicant has requested to extend the Development Agreement for up to five years. The Planning Commission reviewed the proposed extension on March 14, 2017 and adopted a Resolution recommending that the City Council adopt an Ordinance approving the extension. The City Council waived the reading and introduced an Ordinance approving the extension on April 4, 2017. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and adopt an Ordinance Approving an Amendment to the Development Agreement between the City of Dublin and Triad Dubli n Gateway, L.P. to Allow for a Five-Year Time Extension with Conditions. 4.5. Reject All Bids for the Public Safety Complex - Police Services, Project No. GI0116 On March 23, 2017, bids were publicly opened for the Public Safety Complex - Police Services Building, Project No. GI0116. The City received three bids for the project, all of which were significantly higher than the budget for construction. The City Council will consider rejecting all bids, and rebidding the project in the future. STAFF RECOMMENDATION: Adopt the Resolution Rejecting All Bids for the Public Safety Complex - Police Services Building (Project No. GI0116), and authorize Staff to re-bid the project at a later date. April 18, 2017 Dublin City Council Agenda Page 3 of 3 4.6. Acceptance of Work – Project No. ST5016, Tassajara Road Overlay Project The City Council will consider the acceptance of the Tassajara Road Overlay Project, (CIP No. ST5016) which provided for a rubberized asphalt concrete overlay of Tassajara Road from the I- 580 off-ramp to North Dublin Ranch Drive. The project also provided for repairs of failed segments of the roadway, new traffic signal detection loops, pavement markings, and modifications to comply with the Americans with Disabilities Act (ADA) requirements. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Tassajara Road Overlay Improvements (Project No. ST5016). 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING 6.1. Site Development Review for 7201 Regional Street The Applicant has requested Site Development Review Permit approval for exterior changes to an existing 60,111 square foot retail building located at 7201 Regional Street that is currently occupied by CVS. The application includes a proposal to create three individual store fronts, modify the building façade, new trash enclosure in the rear of the building, repave and restripe a portion of the parking lot between the building and Regional Street, and refresh the existing landscape planters located in that same parking area. The Planning Commission denied the application at the March 14, 2017 Planning Commission meeting. Councilmember Gupta appealed the action of the Planning Commission. The City Council will hold a public hearing to consider the appeal. STAFF RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and take the following action: a) Adopt the Resolution approving a Site Development Review Permit for exterior changes to an existing 60,111 square foot retail building and associated site improvements at 7201 Regional Street; or, b) Direct the City Attorney to prepare a resolution affirming the Planning Commission’s action with or without additional conditions of approval including findings of fact, for City Council consideration no later than May 16, 2017. 7. UNFINISHED BUSINESS - NONE. 8. NEW BUSINESS 8.1. Current Policies on Commissioner Absenteeism and Best Practices from Surrounding Communities The City Council will receive information on the City’s policy regarding Commissioner absenteeism and best practices from surrounding communities. STAFF RECOMMENDATION: Receive the report, and if desired, provide policy direction. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in 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. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Proclamation for American Red Cross Month, March 2017 Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will present a proclamation recognizing March 2017 was American Red Cross Month. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will present a proclamation to the American Red Cross Month, recognizing those who support the Red Cross in helping people in need down the street, across the country and around the world through time, money and/or blood donation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. American Red Cross Proclamation 2017 3.1 Packet Pg. 4 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “American Red Cross Month – March 2017” WHEREAS, The American Red Cross Bay Area was founded in 1898; and WHEREAS, The American Red Cross, a leading voluntary agency chartered and authorized by Congress to act in times of need, provides compassionate assistance to people afflicted by personal, local or national disasters; and WHEREAS, The American Red Cross helped 1,777 families with temporary housing, clothing, food and mental health counseling during 681 local disasters last year alone; and WHEREAS, People have counted on the Red Cross for the information and skills they need to be safe at home, at work, at school and at play, and last year The American Red Cross Bay area trained 83,203 peo ple in lifesaving CPR, First Aid, and water safety; and WHEREAS, Through the Pillowcase Project and the Home Fires Campaign, 9.474 individuals and families received fire prevention training, supplies and/or smoke alarms; and WHEREAS, The Red Cross staff deploy with the U.S. Military to provide emergency communications, counseling, financial assistance and a caring presence to 6930 local military families; and WHEREAS, American Red Cross Blood Services supports many Bay Area hospitals, providing them with more than 34,813 units of red cells, platelets and plasma annually to patients in need; NOW, THEREFORE, BE IT RESOLVED, that we, the Dublin City Council, do hereby proclaim March 2017 as American Red Cross Month in the City of Dublin, County of Alameda for their invaluable work and efforts not only in our community but around the country. DATED: April 18, 2017 ____________________ Mayor Haubert Vice Mayor Biddle _______________________ ________________________ __________________________ Councilmember Gupta Councilmember Goel Councilmember Hernandez 3.1.a Packet Pg. 5 At t a c h m e n t : 1 . A m e r i c a n R e d C r o s s P r o c l a m a t i o n 2 0 1 7 ( 1 4 0 6 : R e d C r o s s P r o c l a m a t i o n ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: St. Patrick's Day Festival Report Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will receive a report on the 2017 St. Patrick's Day Festival, formally accept event sponsorship donations and recognize the sponsors. STAFF RECOMMENDATION: Receive the report, formally accept the sponsorship donations and recognize the sponsors. FINANCIAL IMPACT: The City received $75,000 in cash sponsorship toward the St. Patrick’s Day Festival and Shamrock 5K Fun Run & Walk. DESCRIPTION: The City Council is being asked to formally recognize sponsors for the 34 th annual St. Patrick’s Day Festival and 19th annual Shamrock 5K Fun Run and Walk. Thanks to beautiful weather this year, Dublin's 34th annual St. Patrick's Day Festival saw a return to the large crowds that have made the event such a success in the past. An estimated 80,000 people attended over the course of the weekend, on a par with previous years. Festival sponsorship topped last year’s record, with 26 businesses providing $68,500 in sponsorship. Sponsorship for the Shamrock 5K was lower than last year, due in part to the loss of long-time sponsor World of Shoes. A large number of in-kind donations were also received for both the festival and the 5K. In-kind donations help to reduce expenses and/or allow the City to enhance the experience for participants beyond what was originally planned. In recognition of their monetary and in -kind donations, the following sponsors will be 3.2 Packet Pg. 6 Page 2 of 3 presented with certificates of appreciation for supporting these City of Dublin events. St. Patrick’s Day Festival Cash Sponsors $68,500 All Natural Stone $6,000 Babcock Chiropractic $2,000 Bay Home and Window / The Home Source $1,500 Blue Waters Marketing $2,000 Boulevard $4,000 Cutco $1,500 Comcast $2,000 Foothill Chiropractic $2,000 Guinness $3,000 Hacienda Crossings $2,000 Heavenly Greens $2,000 IKEA $4,000 Intero Chiropractic $4,000 John Muir Health $2,000 Kaiser Permanente $6,000 Lucky Supermarkets $2,000 Mercedes Benz of Pleasanton $1,500 Renewal by Anderson $2,000 Rockin’ Jump $1,500 Safeway $4,000 Soleil Communications $2,000 Sunrise of Pleasanton $2,000 Vacation Rentals $2,000 Whole Foods $4,000 Winning Ways LLC $1,500 Wyndham Vacation Ownership Inc. $3,000 SHAMROCK 5K FUN RUN & WALK CASH SPONSORS $6,500 Alameda County Firefighters Association $1,000 The Fit Potato $2,000 Fresh Millions $ 750 International Brotherhood of Electrical Workers $1,000 Orange Theory Fitness $ 750 ST. PAT’S FESTIVAL AND SHAMROCK 5K IN-KIND SPONSORS $300+ Diablo Magazine Dublin Cyclery Dublin Trophy House Erik’s Deli Cafe Fresh Millions GoGo Squeez Great Harvest Bread KKIQ Radio 3.2 Packet Pg. 7 Page 3 of 3 KSFO Radio Lucky Supermarkets NBC Bay Area Orange Theory Fitness Paxti’s Pizza Revolution Foods Sheraton Pleasanton NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.2 Packet Pg. 8 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employee Introductions: Marissa Clevenger, Sgt. Alan Dumatol, Sgt. Chris Shepard, Diana Mann, Darla Murtaugh, Danielle Diaz, and Michael Boitnott. Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: New City Staff members Marissa Clevenger, Public Works Office Assistant II; and Dublin Police Services Sergeant Alan Dumatol will be introduced, and City Staff members Dublin Police Services Sergeant Chris Shepard; Diana Mann, Parks and Community Services Senior Office Assistant; Darla Murtaugh, City Manager's Office Senior Office Assistant; Danielle Diaz, Finance Technician I; and Micha el Boitnott, Capital Improvement Project Manager will be re-introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff members. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff members Marissa Clevenger, Public Works Office Assistant II, and Dublin Police Services Sergeant Alan Dumatol will be introduced to City Council. Additionally, Dublin Police Services Sergeant Chris Shepard; Diana Mann, Parks and Community Services Senior Office Assistant; Darla Murtaugh, City Manager's Office Senior Office Assistant; Danielle Diaz, Finance Technician I; and Michael Boitnott, Capital Improvement Project Manager will be re-introduced. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 3.3 Packet Pg. 9 Page 2 of 2 ATTACHMENTS: None. 3.3 Packet Pg. 10 1982 None Page 1 3.3.a Packet Pg. 11 At t a c h m e n t : N o n e . ( 1 4 0 2 : E m p l o y e e I n t r o d u c t i o n s ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Report on 2017 Dublin Pride Week Activities Prepared by: Rebecca Parnes, Environmental Technicia n EXECUTIVE SUMMARY: The City Council will receive a report on the planned activities for the 2017 Dublin Pride Week, scheduled for April 29 - May 6, 2017. STAFF RECOMMENDATION: Receive the 2017 Dublin Pride Week activities report. FINANCIAL IMPACT: Sufficient funds are included in the Fiscal Year 2016-2017 Budget for Dublin Pride Week. DESCRIPTION: Dublin Pride Week is an annual event that seeks to promote a positive image for the City of Dublin. The primary objective for Dublin Pride Week is to s eek ways to engage individuals and/or groups in action based activities to help improve the community and our environment. This year Dublin Pride Week will start on Saturday, April 29 and will conclude on Saturday, May 6, 2017. The 2017 Dublin Pride Committee is seeking to build on the success of previous Dublin Pride Week events by engaging diverse community groups and individuals in the planning process. The Committee is made up of members representing the following groups: City Council City Staff Dublin Unified School District Amador Valley Industries Dublin Lion’s Club Senior Foundation Dublin/San Ramon Women’s Club City Serve Tri-Valley 3.4 Packet Pg. 12 Page 2 of 4 Children’s Emergency Food Bank Community Volunteers This year’s tag line is “Celebrate Dublin, Our Emerald City”. The attached flyer (Attachment 1) includes information on events happening during Dublin Pride Week. It also includes our updated Dublin Pride logo, which now matches the City’s current brand guidelines. The proposed 2017 Dublin Pride activities are as follows: Poster and Essay Contest The poster and essay contests are a Dublin Pride Week tradition. The poster theme for this year is “Celebrate Dublin, Our Emerald City,” and the essay question is: “This year Dublin turns 35. What environmental actions can Dubliners take in the next 35 years to reduce our impact on the environment?” The Dublin San Ramon Women’s Club is in charge of organizing and managing the poster and essay contest. The Poster and Essay Contest are open to all Dubl in students in grades K through 12. Winning artwork and essays will be displayed at the Civic Center. Essay and poster contest awards will be handed out at a future City Council meeting. Volunteer Day Volunteer Day is scheduled for Saturday, April 29, 2017 beginning at 8:00 am at the Emerald Glen Park basketball courts. Supervisor Scott Haggerty and his staff are hosting breakfast for volunteers again this year. The event will conclude with a free barbecue starting at 11:30 am at Emerald Glen Park hoste d by the Dublin Lion’s Club. The Senior Foundation will assist in serving breakfast and lunch. The Emerald Glen parking lot off Gleason Drive will be available for volunteer parking. In addition, “No Parking” signs along the south side of Gleason Drive will be covered to provide additional parking spaces for the event, and Staff plans to reserve the Alameda County maintenance yard parking lot which is just west of Emerald Glen Park on Gleason Drive. Volunteer Day projects and activities include the following: Senior Assistance Projects Volunteers will help elderly citizens take care of home maintenance projects such as painting, cleaning, yard work and washing windows. School Improvement Projects Volunteers will choose from designated school beautification projects. Activities will include weeding, curb painting, and pruning. Work is scheduled at Dublin, Murray, and Frederiksen Elementary Schools; and Valley and Dublin High Schools. Non-Profit Assistance Projects Volunteers will be helping non-profit organizations take care of maintenance 3.4 Packet Pg. 13 Page 3 of 4 projects such as painting, cleaning, yard work, washing windows, etc. Parks Reserve Forces Training Area (Camp Parks) Volunteers will be cleaning up a volleyball court and picnic area located within Camp Parks. City Parks and Facility Projects Volunteers will have the opportunity to help with various maintenance projects such as cleaning, yard work, spreading mulch, planting, and painting. The following parks are included for maintenance projects: Emerald Glen Park, Bray Commons, Ted Fairfield Park, Heritage Park and Museums (including the cemetery), City Hall, Dublin Library, Dougherty Hills Dog Park, Passatempo Park, Fallon Sports Park, and the Iron Horse Trail. City Creek Cleanup Projects Volunteers will have the opportunity to help clean up three of the City’s creeks and waterways. Creek clean-up projects will occur at Alamo Creek, South San Ramon Creek and Tassajara Creek. Volunteer Day Fair Everyone is invited to learn about year-round volunteer opportunities in the Tri- Valley. Non-profits will be hosting a site from 11:30 am -1:00 pm on the basketball courts at Emerald Glen Park. This is a great opportunity for Volunteer Day participants and others to learn how they can give back to the community all year long. Food Drive The Food Drive will take place on Saturday, April 29, as part of Volunteer Day. Collection bins will be set up at both Safeway stores and Sprouts in Dublin from 9 am - 3 pm. Collection bins will also be set up at Emerald Glen P ark for Volunteer Day with a request for volunteers to bring a canned food item to donate on Volunteer Day. All food collected will be donated to the Dublin Children’s Emergency Food Bank, which serves the Tri-Valley area. Drug Take Back, E-Waste Recycling, and Document Shredding Event In partnership with Dublin Police Services, residents will be invited to drop off unwanted or expired medications for safe disposal. Residents can also bring documents with sensitive information for shredding. New this year, residents will also be able to recycle electronic waste including but not limited to computers, printers, smart phones, TVs, DVD players, VCRs, batteries, and old gaming systems. The event will be held at the Civic Center parking lot on Saturday April 29 from 10:00 am - 2:00 pm. Items for recycling will be unloaded from residents’ cars for them. Dublin Police Services will be promoting this event to their email subscribers and through neighborhood meetings. Additionally, the Dublin Pride Week flyer, poster and City website include information about the event. Home Energy Workshop The workshop, hosted by StopWaste, will be held on Wedn esday, May 3, 6:00 pm - 8:00 pm in the Civic Center’s Regional Meeting Room. Residents will learn about the Home Energy Score, a rating system which grades a home’s energy efficiency. Next 3.4 Packet Pg. 14 Page 4 of 4 they will learn about the Home Upgrade Program which provides rebates for energy efficient upgrades. Participants can reserve their spot at trivalleygreenhome.eventbrite.com. A letter promoting this event will be mailed to 5,000 single family homes in Dublin, targeting homes built before 1960, which have the most opportunity to benefit from the Home Upgrade Program. StopWaste will also provide printing and mailing of the letter. Household Hazardous Waste Collection Dublin residents will be encouraged to drop off household hazardous waste (HHW) free of charge and also pick up free compost for their personal use. Residents must make a reservation to drop off HHW and/or pick up free compost. The event will be held at Micro Dental Laboratories, Inc., located at 5601 Arnold Road (corner of Arnold Road and Central Parkway) on Saturday, May 6, 2017. An announcement with reservation information will be mailed to all Dublin residents informing them of the event place and time. The Dublin Pride Week brochure and City website are also promoting the HHW event. Screening of Dirt! The Movie Dirt! The Movie will be played on loop during Dublin's Spring Fair on the Farm on May 6 from 12:00 - 5:00 pm in the church. Dirt! The Movie is a documentary film that brings to life the environmental, economic, social, and political impact that soil has worldwide. Information about how residents can build healthy soil in their own back yards will be available. Public Outreach The success of Dublin Pride Week is largely dependent on the public outreach campaign developed to increase the community’s awareness and participation in the activities and volunteer opportunities. This year’s public outreach efforts include the website (www.dublinprideweek.com) that provides up-to-date information on the various activities and volunteer opportunities surrounding Dublin Pride Week and allows volunteers to register for activities; press releases to local media outlets; flyers and promotional posters (Attachments 1 and 2) that are distributed to community and faith based organizations; and a mailer (Attachments 3 and 4) that is being mailed to 5,000 single family homes built before 1960. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Dublin Pride Week-Flyer 2. Dublin Pride Week-Poster 3. Dublin Pride Week- Energy Upgrade Workshop Letter 4. Dublin Pride Week-Mailer 3.4 Packet Pg. 15 www.dublinprideweek.com | (925) 833-6630 www.dublinprideweek.com | (925) 833-6630 April 29 – May 6, 2017 Dublin Pride Week is an annual event that promotes a positive image for the City of Dublin. Events encourage people to work to improve our world through environmental awareness and volunteerism. Please join us for the following events and activities: #Volunteer Day@ Saturday, April 29, 8 AM to 12 Noon Volunteers are needed to help with senior assistance, school and park beautification and creek clean-up projects. #Food Drive@ Saturday, April 29, 8 AM to 3 PM Food will be collected at Volunteer Day and at both Safeways and Sprouts in Dublin and donated to food banks serving our community. #Drug Take Back, E-Waste Recycling,@ Document Shredding Saturday, April 29 from 10 AM to 2 PM 100 Civic Plaza Items will be unloaded from your vehicle for recycling and safe disposal. #VOLUNTEER FAIR@ Saturday, April 29, 11:30 AM to 1 PM Emerald Glen Park, Basketball Courts Learn about year round volunteer opportunities in the Tri-Valley. #Home Energy Workshop@ Wednesday, May 3 from 6 to 8 PM 100 Civic Plaza, Regional Meeting Room Learn about the Home Energy Score, a rating system which rates your home’s energy efficiency; and the Home Upgrade Program which provides rebates for energy-efficient upgrades. Refreshments will be provided. Reserve your spot at trivalleygreenhome.eventbrite.com. #Household Hazardous Waste (HHW)@ Collection & Compost Give-aWay Day Saturday, May 6 A detailed flyer describing this event, including appointment information, will be mailed to all single-family dwelling residents in April. #Poster & Essay Contest@ Participants (K–12 students) receive a certificate, winners receive gift cards and City Council recognition. Visit www.dublinprideweek.com to volunteer or for more information about Pride Week activities. Dublin Pride Week is an annual event that promotes a positive image for the City of Dublin. Events encourage people to work to improve our world through environmental awareness and volunteerism. Please join us for the following events and activities: #Volunteer Day@ Saturday, April 29, 8 AM to 12 Noon Volunteers are needed to help with senior assistance, school and park beautification and creek clean-up projects. #Food Drive@ Saturday, April 29, 8 AM to 3 PM Food will be collected at Volunteer Day and at both Safeways and Sprouts in Dublin and donated to food banks serving our community. #Drug Take Back, E-Waste Recycling,@ Document Shredding Saturday, April 29 from 10 AM to 2 PM 100 Civic Plaza Items will be unloaded from your vehicle for recycling and safe disposal. #VOLUNTEER FAIR@ Saturday, April 29, 11:30 AM to 1 PM Emerald Glen Park, Basketball Courts Learn about year round volunteer opportunities in the Tri-Valley. #Home Energy Workshop@ Wednesday, May 3 from 6 to 8 PM 100 Civic Plaza, Regional Meeting Room Learn about the Home Energy Score, a rating system which rates your home’s energy efficiency; and the Home Upgrade Program which provides rebates for energy-efficient upgrades. Refreshments will be provided. Reserve your spot at trivalleygreenhome.eventbrite.com. #Household Hazardous Waste (HHW)@ Collection & Compost Give-aWay Day Saturday, May 6 A detailed flyer describing this event, including appointment information, will be mailed to all single-family dwelling residents in April. #Poster & Essay Contest@ Participants (K–12 students) receive a certificate, winners receive gift cards and City Council recognition. Visit www.dublinprideweek.com to volunteer or for more information about Pride Week activities. April 29 – May 6, 2017 DUBLINPRIDEWEEK DUBLINPRIDEWEEK 3.4.a Packet Pg. 16 At t a c h m e n t : 1 . D u b l i n P r i d e W e e k - F l y e r ( 1 3 9 3 : R e p o r t o n 2 0 1 7 D u b l i n P r i d e W e e k A c t i v i t i e s ) APRIL 29 THROUGH MAY 6, 2017 DUBLIN PRIDEWEEK WWW.DUBLINPRIDEWEEK.COM OF THE TRI-VALLEY Volunteer for Schools, Seniors & Parks Creek Cleanups Volunteer Fair Poster & Essay Contest Home Energy Workshop E-Waste Recycling Drug Take Back Document Shredding Household Hazardous Waste Drop-Off Compost Give-Away Celebrate Dublin, Our Emerald City by Volunteering. Sign Up Now! 3.4.b Packet Pg. 17 At t a c h m e n t : 2 . D u b l i n P r i d e W e e k - P o s t e r ( 1 3 9 3 : R e p o r t o n 2 0 1 7 D u b l i n P r i d e W e e k A c t i v i t i e s ) Dear Homeowner: The City of Dublin and StopWaste are pleased to inform you of the Energy Upgrade California® Home Upgrade program offered through the Bay Area Regional Energy Network. This program provides up to $5,500 in rebates for home improvement projects that can reduce energy use and make homes more comfortable. Some of the home improvement projects offered include: Air sealing and duct sealing Window replacement High-efficiency appliance purchases (furnaces, air conditioners, hot water heaters) Added insulation (attic, wall, floor, and/or ducts) For an opportunity to speak with local participating contractors and re ceive more information about your energy upgrade rebate and financing options, please attend our free workshop. Wednesday, May 3, 2017 6:00 p.m. - 8:00 p.m. City of Dublin Regional Meeting Room 100 Civic Plaza Dublin, CA 94568 To register for the event, please visit trivalleygreenhome.eventbrite.com or email Tommy Fenster at tfenster@stopwaste.org. Complimentary refreshments and snacks will be served at 6:00 p.m.; the workshop will begin promptly at 6:30 p.m. Further details on the Home Upgrade program are available online at www.bayareaenergyupgrade.org. For additional information, please contact Tommy Fenster at tfenster@stopwaste.org or (510) 891-6547. Sincerely, Rebecca Parnes Environmental Program Technician 3.4.c Packet Pg. 18 At t a c h m e n t : 3 . D u b l i n P r i d e W e e k - E n e r g y U p g r a d e W o r k s h o p L e t t e r ( 1 3 9 3 : R e p o r t o n 2 0 1 7 D u b l i n P r i d e W e e k A c t i v i t i e s ) April 29 – May 6, 2017Dublin Pride Week is an annual event that promotes a positive image for the City of Dublin. Events encourage people to work to improve our world through environmental awareness and volunteerism. Please join us for the following events and activities: #Volunteer Day@ Saturday, April 29, 8 AM to 12 Noon Volunteers are needed to help with senior assistance, school and park beautification and creek clean-up projects. Visit www.dublinprideweek.com to reserved your spot, registration is required. #Food Drive@ Saturday, April 29, 8 AM to 3 PM Food will be collected at Volunteer Day and at both Safeways and Sprouts in Dublin and donated to food banks serving our community. #Drug Take Back, E-Waste Recycling, Document Shredding@ Saturday, April 29 from 10 AM to 2 PM 100 Civic Plaza Items will be unloaded from your vehicle for recycling and safe disposal. #VOLUNTEER FAIR@ Saturday, April 29, 11:30 AM to 1 PM Emerald Glen Park, Basketball Courts Learn about year round volunteer opportunities in the Tri-Valley. #Home Energy Workshop@ Wednesday, May 3 from 6 to 8 PM 100 Civic Plaza, Regional Meeting Room See letter on reverse side for complete details. #Household Hazardous Waste (HHW) Collection & Compost Give-aWay Day@ Saturday, May 6 A detailed flyer describing this event, including appointment information, will be mailed to all single-family dwelling residents in April. #Poster & Essay Contest@ Participants (K–12 students) receive a certificate, winners receive gift cards and City Council recognition. Visit www.dublinprideweek.com to volunteer or for more information about Pride Week activities. DUBLIN PRIDE WEEK www.dublinprideweek.com | (925) 833-6630 3.4.d Packet Pg. 19 At t a c h m e n t : 4 . D u b l i n P r i d e W e e k - M a i l e r ( 1 3 9 3 : R e p o r t o n 2 0 1 7 D u b l i n P r i d e W e e k A c t i v i t i e s ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: April 4, 2017 City Council Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the April 4, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 4, 2017 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the April 4, 2017 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the April 4, 2017 Regular City Council Meeting 4.1 Packet Pg. 20 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – APRIL 4, 2017 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING APRIL 4, 2017 A Regular Meeting of the Dublin City Council was held on Tuesday, April 4, 2017, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor David Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Don Biddle Vice Mayor Present Arun Goel Councilmember Present Abe Gupta Councilmember Present Melissa Hernandez Councilmember Present 2. Pledge of Allegiance - The pledge of allegiance was recited by the City Council, Staff and those present at the meeting. 3. Oral Communications 3.1. Public Comment Shawn Costello, Dublin resident, provided public comment. Bruce Fiedler, Dublin resident, provided public comment. Sammy Jo Rudy, Dublin resident, provided public comment. 4. Consent Calendar 4.1. Approved the minutes of the March 21, 2017 Regular City Council meeting. 4.2. Adopted RESOLUTION NO. 31 – 17 AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO METROPOLITAN TRANSPORTATION COMMISSION AND COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING THE ASSURANCE TO COMPLETE DUBLIN BOULEVARD STREET REHAB PROJECT RESOLUTION NO. 32 – 17 AFFIRMING COMPLIANCE WITH ASSEMBLY BILL 2135 - SURPLUS LAND ACT 4.1.a Packet Pg. 21 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 4 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 4 0 9 : A p r i l 4 , 2 0 1 7 C i t y C o u n c i l M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING APRIL 4, 2017 4.3. Adopted RESOLUTION NO. 33 – 17 APPROVING THE RENAMING OF SYBASE DRIVE TO PARK PLACE 4.4. Presented the Arbor Day 2017 proclamation. 4.5. Approved the designs for park wayfinding signs at Heritage Park and Museums, the Fallon Sports Park, and Emerald Glen Park sites. 4.6. Adopted RESOLUTION NO. 34 – 17 APPROVING A FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH MAZE & ASSOCIATES 4.7. Adopted RESOLUTION NO. 35 – 17 AMENDING THE DUBLIN TRAFFIC CODE REMOVING PARKING REGULATIONS ALONG TWO SECTIONS OF LOCKHART STREET 4.8. Proclaimed the month of May as “Bike Month” and May 11 th as “Bike to Work Day” in the City of Dublin. 4.9. Confirmed the Mayor’s appointment of Georgean Vonheeder-Leopold to the Heritage and Cultural Arts Commission. 4.10. Adopted RESOLUTION NO. 36 – 17 DECLARING INTENTION TO CONSIDER AUTHORIZING CHANGES TO THE CAPITAL FACILITIES AND CAPITAL FACILITIES FEES WHICH MAY BE FINANCED UNDER PRESCRIBED CONDITIONS Community Facilities District No. 2015-1 (Dublin Crossing) RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Abe Gupta, Councilmember AYES: Goel, Hernandez, Haubert, Gupta, Biddle 5. Written Communication – None. 4.1.a Packet Pg. 22 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 4 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 4 0 9 : A p r i l 4 , 2 0 1 7 C i t y C o u n c i l M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING APRIL 4, 2017 6. Public Hearing 6.1. Weed and Combustible Refuse Abatement Order Mayor Haubert opened the public hearing. There were no public comments made by the public. Mayor Haubert closed the public hearing. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Don Biddle, Vice Mayor AYES: Goel, Hernandez, Haubert, Gupta, Biddle 6.2. Development Agreement Extension for the Dublin Gateway Medical Center Mayor Haubert opened the public hearing. There were no public comments made by the public. Mayor Haubert closed the public hearing. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Arun Goel, Councilmember AYES: Goel, Hernandez, Haubert, Gupta, Biddle 7. Unfinished Business – None. 8. New Business 8.1. Naming of Dublin Library Room Lee Jouthas provided public comment on this item. Steve Minniear, Dublin resident, provided public comment on this item. The City Council also asked Staff that a plaque be placed in the Library Room to provide information about the life history of Virginia Bennett. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Melissa Hernandez, Councilmember AYES: Goel, Hernandez, Haubert, Gupta, Biddle 4.1.a Packet Pg. 23 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 4 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 4 0 9 : A p r i l 4 , 2 0 1 7 C i t y C o u n c i l M i n u t e s ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING APRIL 4, 2017 8.2. Study Session: Fiscal Year 2017-18 Budget Update Shawn Costello, Dublin resident, provided public comment on this item. Bruce Fiedler, Dublin resident, provided public comment on this item. By consensus, the City Council directed Staff to bring back information regarding the Economic Development budget and the Cultural Arts facility; and to increase the spending for tree replacement from $50,000 to $100,000 for the Fiscal Year 2016-2017 only. 8.3. Rules of Conduct for Meetings of the City Council By consensus, the City Council requested Staff to make the following changes to Resolution No. 09-16, and bring it back for adoption: delete the line stating “Unless determined otherwise by a majority vote of the City Council”; limit speakers to three minutes without exception; and to not accept speaker slips after a Staff Report is presented with the expectation that the Mayor makes an announcement at that time. 9. Other Business By consensus, the City Council asked Staff to report back on how the City of Pleasanton used partnerships to offset costs with the expansion of Bernal Community Park. By consensus, the City Council asked Staff to respond to Bruce Fiedler about the provisions related to cigarette and tobacco retail licensing. By consensus, the City Council asked Staff to review policies that reaffirm the City of Dublin as a hate-free and non-discriminatory zone. 10. Adjournment The meeting was adjourned at 9:36 P.M. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 24 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 4 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 4 0 9 : A p r i l 4 , 2 0 1 7 C i t y C o u n c i l M i n u t e s ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Small Business Week Proclamation Prepared by: Erin Steffen, Management Analyst EXECUTIVE SUMMARY: The City Council will proclaim April 30-May 6, 2017, as “Small Business Week” in the City of Dublin in conjunction with National Small Business Week. During this week, Dublin will co-host a regional small business event, Tri-Valley CommerceCon, in order to bring resources to the small business community. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: Since 1963, the President of the United States has honored small businesses for their vital role in the national economy. According to the Small Business Administration, more than half of Americans either own or work for a small business. Additionally, they create approximately two out of every three new jobs in the U.S. each year. The City of Dublin also recognizes the importance of small businesses to our local economy and supports this effort to honor local entrepreneurs. The City of Dublin has developed and hosted a variety of seminars and programs to support business owners. In an effort to provide valuable, high-quality programming that addresses the needs of new and growing local businesses, the City of Dublin is joining the Dublin Chamber of Commerce, the cities of Danville, Livermore, Pleasanton, and San Ramon along with their respective Chambers of Commerce, to host the 2nd Annual Tri-Valley Commerce Con on May 3, 2017 during Small Business Week. The program this year will focus on methods for small businesses to leverage social media, as well as address the threat of cyber-security. 4.2 Packet Pg. 25 Page 2 of 2 In addition to hosting special events and seminars, Staff has developed tools such as our recently published "How to Start a Business Guide" to help provide assistance to local entrepreneurs and ensure a continued vibrant local economy. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Small Business Week Proclamation 4.2 Packet Pg. 26 4.2.a Packet Pg. 27 At t a c h m e n t : 1 . S m a l l B u s i n e s s W e e k P r o c l a m a t i o n ( 1 4 1 2 : S m a l l B u s i n e s s W e e k P r o c l a m a t i o n ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from March 1, 2017 – March 31, 2017 totaling $4,741,657.38. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED March 1, 2017 through March 31, 2017 Total Number of Payments: 312 Total Amount of Payments: $4,741,657.38 DESCRIPTION: The Payment Issuance Report (see Attachment 1) provides a listing of all payments for the period beginning March 1, 2017 through March 31, 2017. This report is provided in accordance with the policy adopted November 15, 2011 in Resolution 189 -11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body 4.3 Packet Pg. 28 Page 2 of 2 for ratification and approval in the form of an audited comprehensive annual financial report NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report-March 2017 4.3 Packet Pg. 29 Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/06/2017 3I ADVERTISING, LLC. 6,027.50 ADVERTISING & MARKETING FOR AQUATIC COMPLEX 03/06/2017 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES-JAN 2017 03/06/2017 4IMPRINT INC 272.01 CRIME PREVENTION SUPPLIES 03/06/2017 A & E EMAAR COMPANY 9,818.90 RETENTION RELEASE-LIBRARY TENANT IMPROVEMENTS 03/06/2017 A & E EMAAR COMPANY 7,121.24 LIBRARY TENANT IMPROVEMENTS PROJECT Vendor Total: 16,940.14 03/06/2017 A+ SPANISH ACADEMY 579.00 REC CLASS INSTRUCTOR 03/06/2017 ABAG PLAN CORPORATION 25,810.00 INSURANCE CLAIMS EXPENSE 03/06/2017 ABDILLA, MARK 550.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 ADAMSON POLICE PRODUCTS 43.56 POLICE UNIFORM ACCESSORIES 03/06/2017 ALAMEDA CO TRAINING /EDUCATION 175.00 PROJECT ESSENTIALS CLASS REG-JOHNSTON 03/06/2017 ALL CITY MANAGEMENT SVCS INC 6,658.56 CROSSING GUARD SERVICES 1/15/17-1/28/17 7,490.88 CROSSING GUARD SERVICES 1/29/17-2/11/17 Check Total: 14,149.44 03/06/2017 AMP PRINTING, INC. 331.10 BUSINESS CARDS 03/06/2017 ARAMARK UNIFORM SVC LOCKBOX 41.36 MAT SERVICE-CIVIC CENTER 28.00 MAT SERVICE-CORP YARD 37.03 MAT SERVICE-SENIOR CENTER 39.18 MAT SERVICE-SHANNON CENTER Check Total: 145.57 03/06/2017 ARCUCCI, CHRISTEL 250.00 REC CLASS INSTRUCTOR 03/06/2017 ARORA, AKSHAY 8,995.68 REC CLASS INSTRUCTOR 03/06/2017 AT&T - CALNET 3 164.24 SERVICE TO 1/19/17 1,070.29 SERVICE TO 2/12/17 460.68 SERVICE TO 2/14/17 Check Total: 1,695.21 03/06/2017 BALLARD, MITCH 3,500.00 ST. PATRICK'S FESTIVAL SOUND SERVICES 03/06/2017 BATCHELDER, PHILIP 500.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 BAXMEYER, ADRIAN JON 1,200.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 BAY AREA NEWS GROUP 56.64 LEGAL NOTICES-JAN 2017 03/06/2017 BIDDLE, DON 94.16 REIMB LEAGUE OF CA CITIES POLICY COMM MTG EXP 03/06/2017 BIG O TIRES #7 486.61 POLICE VEHICLE MAINTENANCE 03/06/2017 BLACK IRISH BAND 900.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 BLANKENSHIP, WILLIAM 54.00 DJ SERVICE FOR SENIOR CENTER DANCE 216.00 REC CLASS INSTRUCTOR Check Total: 270.00 03/06/2017 BSK ASSOCIATES INC. 2,068.00 AQUATIC COMPLEX TESTING/INSPECTIONS SVCS 03/06/2017 C. OVERAA & CO. 1,449,858.41 AQUATIC COMPLEX CONSTRUCTION SERVICES 03/06/2017 CALIFORNIA BANK OF COMMERCE 12,610.51 RETENTION DEPOSIT-DOUGHERTY RD CONSTRUCTION 03/06/2017 CALIFORNIA WATER ENVIRONMENT 750.00 REFUND DEPOSIT SHANNON CENTER RENTAL 03/06/2017 CALTRONICS BUSINESS SYSTEMS 741.47 COPIES - JAN 2017 03/06/2017 CAMPBELL, JEFF 500.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 CHAN, ROSA 472.00 SENIOR CENTER INSTRUCTOR 03/06/2017 CHINN, AVA YEE 518.40 REC CLASS INSTRUCTOR 03/06/2017 CONSTRUCTION TESTING SVCS, INC 6,961.50 CONSTRUCTION TESTING SVCS-AQUATIC COMPLEX 03/06/2017 CULANN'S HOUNDS 1,000.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 DAHLIN GROUP INC 24,124.50 AQUATIC COMPLEX ARCHITECTURAL DESIGN SVCS 4.3.a Packet Pg. 30 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/06/2017 DELL MARKETING L.P. 2,652.59 EQUIPMENT FOR DATA CENTER UPGRADES 03/06/2017 DENG, JUN YUAN 372.00 REC CLASS INSTRUCTOR 03/06/2017 DESILVA GATES CONSTRUCTION LP 240,999.70 CONSTRUCTION SVCS-DOUGHERTY RD IMPROVEMENTS 03/06/2017 DHADWAL/PETTY CASH CUSTODIAN, RENUKA 236.95 PETTY CASH REPLENISHMENT 03/06/2017 DHS-MODEL UNITED NATIONS CLUB 300.00 YOUTH ADVISORY COMMITTEE MINI GRANT AWARD 03/06/2017 DIABLO PUBLICATIONS 1,256.00 TRI-VALLEY VISITOR'S GUIDE AD 102.50 TRI-VALLEY VISITOR'S GUIDE PRODUCTION AD Check Total: 1,358.50 03/06/2017 DUBLIN CHEVROLET 61.38 POLICE VEHICLE MAINTENANCE 03/06/2017 DUBLIN UNIFIED SCHOOL DISTRICT 26.36 STAGER GYM UTILITIES GAS TO 10/31/16 941.52 STAGER GYM UTILITIES-ELECTRIC TO 2/9/17 283.68 STAGER GYM UTILITIES-GAS TO 12/30/16 Check Total: 1,251.56 03/06/2017 DUFFIN, GABRIEL 720.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 DUNBAR ARMORED INC 165.14 ARMORED CAR SERVICES - FEB 2017 03/06/2017 EAST BAY POOL SERVICE, INC. 870.00 DUBLIN SWIM CENTER POOL CHEMICALS 03/06/2017 ENVIRONMENTAL FORESIGHT INC 368.55 SEAN DIAMOND PARK DESIGN SVCS TO 02/08/17 03/06/2017 EVERPRO KIDS 765.00 REC CLASS INSTRUCTOR 03/06/2017 FITZGERALD, JAN 85.33 REC CLASS REFUND 03/06/2017 GEOCON CONSULTANTS, INC. 810.00 STORM DRAIN TRASH CAPTURE PROJECT TO 12/25/16 03/06/2017 GOEL, ARUN 94.16 REIMB LEAGUE OF CA CITIES ACADEMY EXP-GOEL 03/06/2017 HAAG, JERRY P 940.00 CEQA DOCS TASSAJARA PRECISE PLAN 12,488.00 PLANNING SERVICES - JAN 2017 Check Total: 13,428.00 03/06/2017 HARPER, LISA 87.50 PREPARATION OF TV30 MEETING MINUTES 03/06/2017 HARRIS & ASSOCIATES 30,350.00 CONSTRUCTION MGMT AQUATIC COMPLEX-JAN 2017 03/06/2017 HATZIKOKOLAKIS, JACQUI 80.64 REIMB ST. PATRICK'S FESTIVAL SUPPLIES 03/06/2017 HERNANDEZ, MELISSA 94.16 REIMB LEAGUE OF CA CITIES ACADEMY EXPENSES 03/06/2017 HINDERLITER, DE LLAMAS & ASSOC 12,857.69 SALES TAX AUDIT & CONSULTING SVCS Q3 03/06/2017 IBE, MARVIN 210.00 REC CLASS INSTRUCTOR 03/06/2017 INTERSECTION MEDIA, LLC 5,687.65 BART BRANDING ADS FOR ST. PATRICK’S FESTIVAL 03/06/2017 K1 SPEED 1,100.00 REFUND CONDITIONAL USE PERMIT FEE 03/06/2017 KAPADIA, MARIA 522.90 REC CLASS INSTRUCTOR 03/06/2017 KAVANAUGH BROTHERS CELTIC 450.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 KIMLEY-HORN AND ASSOC. INC. 2,263.73 TRAFFIC MGMT PLAN & INDEX UPDATE-DOUGHERTY RD 03/06/2017 KING, ARTHUR SCOTT 100.80 REC CLASS INSTRUCTOR 03/06/2017 KLOVER, WILLIAM K. 250.00 ST. PATRICK'S FESTIVAL ENTERAINMENT 03/06/2017 KOVARUS INC. 38,448.00 VIRTUAL DESKTOP CONSULTING & TRAINING 03/06/2017 LAI, WILLIAM 126.59 REIMB TRAFFIC SIGNAL DIAGNOSTICS CLASS EXPENSES 03/06/2017 LANLOGIC INC. 6,144.39 COMPUTER SOFTWARE 03/06/2017 LIVERMORE AUTO GROUP 374.44 POLICE VEHICLE MAINTENANCE 03/06/2017 LUNA, FRANK 2,500.00 ST. PATRICK'S FESTIVAL PETTY CASH 03/06/2017 MANAGEMENT PARTNERS INC. 3,800.00 FISCAL SUSTAINABILITY TASK FORCE COORDINATION 03/06/2017 MANN, JENIFER 210.00 REC CLASS INSTRUCTOR 03/06/2017 MARTELLACCI, LAURIE 15.00 REC CLASS REFUND 03/06/2017 MASON, RICHARD 300.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 MAZE & ASSOCIATES 2,000.00 FINANCIAL AUDIT SERVICES FY15-16 03/06/2017 MCLANE, TEGAN 55.00 MILEAGE REIMBURSEMENT-JAN 2017 03/06/2017 MECHANICS BANK 76,284.34 RETENTION DEPOSIT-AQUATIC COMPLEX PROJECT 4.3.a Packet Pg. 31 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/06/2017 METRO MOBILE COMMUNICATIONS 327.96 REPLACEMENT PD TRAFFIC EQUIPMENT 03/06/2017 MICHAEL MULLEN'S TRIO OF ONE 200.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 MNJ TECHNOLOGIES DIRECT INC 8,740.00 CISCO CORE SWITCHES 03/06/2017 MURTAUGH, DARLA 27.39 MILEAGE REIMBURSEMENT-JAN 2017 127.74 REIMB NUTS & BOLTS WORKSHOP EXPENSES Check Total: 155.13 03/06/2017 O'GRADY PAVING INC. 17,066.75 TASSAJARA RD OVERLAY PROJECT 03/06/2017 PAUL NIEMUTH & ASSOCIATES 1,875.00 PLANNING SERVICES - JAN 2017 4,375.00 PLANNING SERVICES NOV 2016-JAN 2017 Check Total: 6,250.00 03/06/2017 PG&E 20,747.04 SERVICE TO 2/14/17 384.11 SERVICE TO 2/15/17 Check Total: 21,131.15 03/06/2017 PHOENIX GROUP INFO SYS. 266.25 PARKING CITATION PROCESSING-JAN 2017 03/06/2017 POWELL, MARK 22.00 REC CLASS REFUND 03/06/2017 S & S WORLDWIDE INC 208.54 STUDENT UNION SUPPLIES 03/06/2017 SAM, STACY 40.72 REIMBURSEMENT-PHOTOS FOR PRESCHOOL PROJECTS 03/06/2017 SAN JOSE ICE COMPANY 1,286.20 ST. PATRICK'S FESTIVAL ICE TRAILER RENTAL 03/06/2017 SELECT IMAGING 373.42 PERSONNEL ACTION FORMS 03/06/2017 SHAMROCK OFFICE SOLUTIONS INC 37.51 COPIES 03/06/2017 SITEIMPROVE, INC. 1,604.38 WEBSITE ANALYTIC SOFTWARE 03/06/2017 SMITH, ANGELICA T 620.25 REIMB PUBLIC AGENCY RISK MNGRS CONF EXPENSES 03/06/2017 SORBYE, LIEF 4,000.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/06/2017 STAGES UNLIMITED 3,000.00 ST. PATRICK'S FESTIVAL BLEACHER RENTAL 03/06/2017 STAPLES BUSINESS ADVANTAGE 4,559.98 OFFICE SUPPLIES-JAN 2017 03/06/2017 STONERIDGE CHRYSLER JEEP DODGE 540.59 POLICE VEHICLE MAINTENANCE 03/06/2017 SURF TO SNOW ENVIRONMENTAL 527.50 BUSINESS STORMWATER INSPECTIONS-JAN 2017 03/06/2017 SWA GROUP 673.29 DUBLIN CROSSING MASTER PLAN-JAN 2017 03/06/2017 SWATT|MIERS ARCHITECTS 29,955.57 DESIGN SVCS-COUNCIL CHAMBER RENOVATION 03/06/2017 SYSOREX USA 28,800.00 CLOUD EMAIL MIGRATION CONSULTING SVCS 03/06/2017 TERRYBERRY 162.03 EMPLOYEE SERVICE AWARDS 03/06/2017 TFN ARCHITECTURAL SIGNAGE, INC 1,080.73 ADA SIGNS FOR PARKING STALLS-LIBRARY 03/06/2017 THE SANDBAGGER, LLC 5,950.00 SANDBAGGING MACHINE 03/06/2017 TJ KRISTI CORPORATION 300.00 FUEL TANK INSPECTION OCT-DEC 2016 03/06/2017 TODJI KURTZMAN SCULPTURE, LLC 72,500.00 PUBLIC ART PROJECT AQUATIC COMPLEX 03/06/2017 TREASURER ALAMEDA COUNTY 34,037.12 ANIMAL SHELTER DEBT SERVICE PAYMENT 03/06/2017 TREASURER ALAMEDA COUNTY 2,528.00 PARKING CITATIONS COLLECTED-JAN 2017 Vendor Total: 36,565.12 03/06/2017 TRI-SIGNAL INTEGRATION INC 323.75 QUARTERLY FIRE ALARM TESTING-LIBRARY 03/06/2017 TRI-VALLEY COMMUNITY TV 187.50 RECORD & TELEVISE CITY COUNCIL MEETINGS 03/06/2017 TRI-VALLEY JANITORIAL INC. 118.56 JANITORIAL SUPPLIES-SENIOR CENTER 182.77 JANITORIAL SUPPLIES-SHANNON CENTER Check Total: 301.33 03/06/2017 TRI-VALLEY YOUNG PERFORMERS 4,620.00 REC CLASS INSTRUCTOR 03/06/2017 UNUM LIFE INS CO OF AMERICA 11,398.14 LIFE AND AD&D PREMIUM - MAR 2017 03/06/2017 VALENTIN, M. 148.50 REC CLASS INSTRUCTOR 03/06/2017 VERMONT SYSTEMS, INC. 30,343.77 RECREATION MANAGEMENT SOFTWARE 03/06/2017 VOLPI, STEFANIE 116.36 MILEAGE REIMBURSEMENT-FEB 2017 4.3.a Packet Pg. 32 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/06/2017 WAGEWORKS, INC. 506.75 FLEXIBLE SPENDING ACCOUNT FEES-FEB 2017 03/06/2017 WEISS, ROBIN S. 465.00 REC CLASS INSTRUCTOR 03/06/2017 WESTERN PACIFIC SIGNAL LLC 5,099.83 TRAFFIC SIGNAL CABINET & EQUIP-DOUGHERTY RD 03/06/2017 WETHERFORD, HAZEL 242.90 REIMB EMERGENCY PLANNING TRAINING EXPENSES Payments Issued 3/6/2017 Total: 2,333,127.00 03/07/2017 DSRSD 511.27 SERVICE TO 2/28/2017 03/07/2017 U.S. BANK CORPORATE PMT SYSTEM 40.00 ABAG BUSINESS MEETING EXPENSE-SIMS 40.00 ABAG SPECIAL GENERAL ASSEMBLY REG-SIMS 200.00 AMERICANS FOR THE ARTS MEMBERSHIP DUES 75.00 CA MEAL & REST PERIOD COMPLIANCE WEBINAR REG 4,377.96 CA PARKS & REC CONFERENCE REG-8 ATTENDEES 260.00 CA WATER ENVIRONMENTAL ASSN DUES-YOUNG 500.00 CAL OES EMERGENCY PLANNING TRNG-WETHERFORD 883.95 CALED CONFERENCE EXPENSES-STEFFEN 1,250.67 CONGRESSIONAL CITY CONFERENCE EXPENSES-GOEL 8.38 COUNCIL MEETING SUPPLIES -18.00 CORE CREDIT FOR RETURNED BATTERY 384.76 ERGONOMIC OFFICE EQUIPMENT 12.95 ONLINE GRAPHICS DESIGN TOOL 1,851.94 HERITAGE CENTER & MUSEUM SUPPLIES 325.00 ASSN OF PROPERTY & EVIDENCE TRNG-FARRUGGIA 89.38 JOB FAIR SUPPLIES 1,147.58 LEAGUE OF CA CITIES ACADEMY EXP-GOEL 1,083.06 LEAGUE OF CA CITIES ACADEMY EXP-HERNANDEZ 349.66 LEAGUE OF CA CITIES POLICY COMM MTG EXP-BIDDLE 200.00 LEED GREEN ASSOCIATE EXAM FEES-TIERNAN 669.06 NEIGHBORHOOD WATCH SIGNS 692.98 NETWORK MONITORING SOFTWARE MAINTENANCE 46.90 NOTARY COMMISSION SUPPLIES 250.55 OFFICE SUPPLIES 48.89 ORAL BOARD PANEL SUPPLIES 680.90 PLANNING COMMISSIONER ACADEMY EXP-WRIGHT 1,424.70 PRESCHOOL SUPPLIES 259.88 PUBLIC INFORMATION OFFICERS CONF EXP-JACKMAN 0.04 RECREATION SOFTWARE TRANSACTION TESTING 926.70 RECREATION SUPPLIES 29.03 SENIOR CENTER SUPPLIES 18.00 TRAFFIC COMMISSION MEETING EXPENSE-KHAN 2,996.46 U.S. CONFERENCE OF MAYORS EXP-HAUBERT Check Total: 21,106.38 Payments Issued 3/7/2017 Total: 21,617.65 4.3.a Packet Pg. 33 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/10/2017 CAL PERS 70,324.78 PERS RETIREMENT PLAN: PE 3/3/17 03/10/2017 EMPLOYMENT DEVELOPMENT DEPT 15,501.89 CA STATE WITHHOLDING: PE 3/3/17 03/10/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 3/3/17 03/10/2017 I C M A 457 PLAN 23,349.64 DEFERRED COMP 457: PE 3/3/17 03/10/2017 INTERNAL REVENUE SERVICE 55,759.38 FEDERAL WITHHOLDING: PE 3/3/17 03/10/2017 US BANK - PARS 2,614.74 PARS: PE 3/3/17 03/10/2017 WAGEWORKS, INC. 3,777.03 WAGEWORKS 2017: PE 3/3/17 Payments Issued 3/10/2017 Total: 172,197.46 03/21/2017 3I ADVERTISING, LLC. 1,662.50 ADVERTISING & MARKETING FOR AQUATIC COMPLEX 03/21/2017 ABAG PLAN CORPORATION 777.00 INSURANCE CLAIMS EXPENSE 03/21/2017 ADAMSON POLICE PRODUCTS 305.89 TRAFFIC UNIT UNIFORMS 03/21/2017 ADVANCED INTEGRATED PEST 820.00 PEST CONTROL SERVICES-FEB 2017 03/21/2017 ALAMEDA CO SHERIFF'S OFFICE 289.14 PRINTING SERVICES - FEB 2017 03/21/2017 ALL CITY MANAGEMENT SVCS INC 7,490.88 CROSSING GUARD SERVICES 2/12/17-2/25/17 03/21/2017 AMADOR VALLEY INDUSTRIES LLC 611.99 COMMERCIAL RECYCLING PROGRAM 03/21/2017 AMERICAN PLANNING ASSOCIATION 188.00 AMERICAN PLANNING ASSOC MEMBERSHIP- BATTAGLIA 03/21/2017 AMY HIESTAND CONSULTING, LLC 2,467.50 HOUSING CONSULTING SERVICES TO 2/18/17 03/21/2017 AMY'S ENGRAVED SIGNS & AWARDS 270.39 CITY COUNCIL PHOTO FRAME NAME PLATES 03/21/2017 ARAMARK UNIFORM SVC LOCKBOX 41.36 MAT SERVICE CIVIC CENTER-MAR 2017 28.00 MAT SERVICE CORP YARD-MAR 2017 37.03 MAT SERVICE SENIOR CENTER-MAR 2017 Check Total: 106.39 03/21/2017 ARORA, AKSHAY 2,681.76 REC CLASS INSTRUCTOR 03/21/2017 AT&T - CALNET 3 164.24 SERVICE TO 2/19/17 291.74 SERVICE TO 2/26/17 156.09 SERVICE TO 2/27/17 108.44 SERVICE TO 3/1/17 42.78 SERVICE TO 3/6/17 Check Total: 763.29 03/21/2017 AT&T MOBILITY 6.00 PUBLIC WORKS CELLPHONE SVC TO 2/7/17 03/21/2017 BALLOON THRILLS 335.58 ST. PATRICK'S DAY SUPPLIES 03/21/2017 BAY AREA NEWS GROUP 315.84 LEGAL NOTICES-FEB 2017 03/21/2017 BAY ISLAND OFFICIAL ASSOC 4,868.00 SPORTS OFFICIATING SERVICES 03/21/2017 BELLECCI & ASSOCIATES, INC. 4,719.00 DUBLIN BLVD WIDENING DESIGN PROJECT 03/21/2017 BESS, KENNETH 3,502.43 PARKS WAYFINDING SIGN DESIGN SVCS-FEB 2017 03/21/2017 BIG O TIRES #7 1,527.98 POLICE VEHICLE MAINTENANCE 03/21/2017 BPXPRESS 314.24 PRINTING SERVICES-DUBLIN RULE 20A 1,021.03 PRINTING SERVICES-SEAN DIAMOND PARK Check Total: 1,335.27 03/21/2017 CAL ENGINEERING & GEOLOGY INC 9,908.75 ENGINEERING SERVICES-JAN 2017 03/21/2017 CALICO CENTER 2,080.07 COMMUNITY SUPPORT GRANT JUL-SEP 2017 03/21/2017 CAPITAL ONE COMMERCIAL 258.12 SENIOR CENTER SUPPLIES 03/21/2017 CASTRO VALLEY PERFORMING ARTS 609.00 REC CLASS INSTRUCTOR 03/21/2017 CDW GOVERNMENT INC 277,359.36 DATA CENTER SERVER UPGRADES 03/21/2017 CENTENO, CAMILLE 5.35 MILEAGE REIMBURSEMENT - FEB 2017 03/21/2017 CENTRAL VALLEY TOXICOLOGY 2,012.00 LAB TESTING SERVICES - FEB 2017 4.3.a Packet Pg. 34 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/21/2017 CHILD CARE LINKS 7,993.82 COMMUNITY SUPPORT GRANT JUL 2016-JAN 2017 03/21/2017 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET-MAR 2017 03/21/2017 CONTRACT SWEEPING SERVICES 10,526.48 STREET SWEEPING SERVICES-FEB 2017 10,526.48 STREET SWEEPING SERVICES-JAN 2017 Check Total: 21,052.96 03/21/2017 COUNTY OF ALAMEDA 45.00 ALAMEDA COUNTY ASSESSOR’S MAP 03/21/2017 CSI FORENSIC SUPPLY 2,119.54 EVIDENCE SUPPLIES 03/21/2017 DENALECT ALARM COMPANY 306.00 QUARTERLY ALARM CHARGE FS#18 MAR-MAY 2017 03/21/2017 DEPARTMENT OF JUSTICE 608.00 FINGERPRINT SERVICES-FEB 2017 03/21/2017 DIABLO PUBLICATIONS 2,785.00 ST. PATRICK'S FESTIVAL ADVERTISEMENTS 03/21/2017 DUBLIN CHEVROLET 730.74 POLICE VEHICLE MAINTENANCE 03/21/2017 DUBLIN UNIFIED SCHOOL DISTRICT 19,227.60 REC PROGRAMS CUSTODIAL SERVICES AUG-DEC 2016 03/21/2017 DUTCHOVER & ASSOCIATES 3,386.25 PLANNING SERVICES-FEB 2017 03/21/2017 EAST BAY REGIONAL PARK DIST 33,525.65 MAINT TASSAJARA CREEK & ALAMO CANAL TRAILS 03/21/2017 ECOLAB, INC. 1,276.83 SENIOR CENTER SUPPLIES 03/21/2017 ENGINEERING NEWS-RECORD 82.00 ENGINEERING SUBSCRIPTION RENEWAL-PW DEPT 03/21/2017 ENTERPRISE RENT A CAR 1,582.75 VEHICLE RENTAL-SPECIAL INVESTIGATIONS 03/21/2017 EVERYTHING GROWS INTERIOR 135.00 PLANT SERVICE-MAR 2017 03/21/2017 FEDEX 473.69 EXPRESS SHIPPING 03/21/2017 FEHR & PEERS ASSOCIATES INC. 2,152.50 TRANSPORTATION IMPACT FEE NEXUS STUDY 03/21/2017 FRANKLIN, RHONDA 118.34 MILEAGE REIMBURSEMENT-FEB 2017 14.12 MILEAGE REIMBURSEMENT-JAN 2017 Check Total: 132.46 03/21/2017 GAVAGAN BOZZO, TARYN 35.31 MILEAGE REIMBURSEMENT-FEB 2017 03/21/2017 GEOSYNTEC CONSULTANTS, INC. 14,442.15 GREEN INFRASTRUCTURE/STORMWTR RESOURCE PLAN 03/21/2017 GLENBOROUGH CREEKSIDE LLC 25.00 REFUND PERMIT FEE FOR TREE REMOVAL 03/21/2017 GOLDEN STATE WARRIORS 12,155.00 JUNIOR WARRIORS BASKETBALL CAMPS 03/21/2017 GOODYEAR TIRE & RUBBER COMPANY 899.75 POLICE VEHICLE TIRES 03/21/2017 GUIDA SURVEYING INC. 338.00 ENGINEERING SERVICES TO 1/28/17 1,521.00 ENGINEERING SERVICES TO 2/4/17 Check Total: 1,859.00 03/21/2017 H. T. HARVEY & ASSOCIATES 10,254.90 CONSULTING SVCS-DOUGHERTY RD IMPROVEMENTS 03/21/2017 HAAG, JERRY P 1,952.50 PLANNING SERVICES-MAR 2017 03/21/2017 HARPER, CPA & ASSOCIATES, KEVIN W 17,500.00 REVIEW CITY'S FINANCIAL POLICIES & PROCEDURES 03/21/2017 HENRY'S A'S 30.00 MEMBERSHIP DUES-JOHNSTON, ISLES 03/21/2017 HUDAK, BETTY 5.00 REC CLASS REFUND 03/21/2017 IMAGEX 266.91 ST. PATRICK'S FESTIVAL BART BANNERS 03/21/2017 INDIGO/HAMMOND + PLAYLE 5,442.29 ARCHITECTURAL DESIGN-POLICE BLDG RENOVATIONS 03/21/2017 IRISH HERALD, THE 1,600.00 ST. PATRICK'S FESTIVAL ADVERTISEMENT 03/21/2017 IRON MOUNTAIN 289.66 OFF-SITE RECORDS STORAGE-MAR 2017 03/21/2017 JGV GROUP, INC. 500.00 REFUND DEPOSIT SENIOR CENTER RENTAL 03/21/2017 JOHNSTON, LAURA 111.82 MILEAGE REIMBURSEMENT-FEB 2017 03/21/2017 JORDAN & ASSOCIATES, INC. 1,680.00 LEGISLATIVE CONSULTING SERVICES-FEB 2017 03/21/2017 KIER & WRIGHT CIVIL ENGINEERS 4,955.50 ENGINEERING SERVICES TO 8/14/16 03/21/2017 KIMLEY-HORN AND ASSOC. INC. 29,998.31 CONSTRUCTION MGMT-DOUGHERTY RD PROJECT 03/21/2017 KINDERMUSIK W/ MS LINDSAY & 1,788.00 REC CLASS INSTRUCTOR 03/21/2017 KLUBER ASSOCIATES, INC 725.00 PLANNING SERVICES-MAR 2017 03/21/2017 LAI & ASSOCIATES 1,044.48 GEOTECHNICAL SVCS DUBLIN SPORTS GROUNDS 03/21/2017 LANLOGIC INC. 2,775.00 AQUATIC COMPLEX FIBER FEASIBILITY & INSTALL 4.3.a Packet Pg. 35 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 92.50 DOWNTOWN WI-FI PROJECT MANAGEMENT 4,717.50 NETWORK ENGINEERING & SUPPORT SERVICES 786.25 OFFICE 365 MIGRATION SUPPORT 2,200.00 SERVER NETWORK MONITORING SERVICES Check Total: 10,571.25 03/21/2017 LEE, BOGHEE 106.00 REC CLASS REFUND 03/21/2017 LEXISNEXIS RISK SOLUTIONS 262.00 DATABASE SEARCHES-FEB 2017 03/21/2017 LOEWKE PLANNING ASSOCIATES 11,805.00 PLANNING SERVICES-FEB 2017 03/21/2017 LOGOBOSS 380.39 PLAQUES FOR OUTGOING COMMISSIONERS 2,155.66 ST. PAT'S DAY & CITY’S 35TH ANNIVERSARY SUPPLIES 357.05 VOLUNTEER RECOGNITION EVENT PLAQUES Check Total: 2,893.10 03/21/2017 LU, XUENA 18.00 REC CLASS REFUND 03/21/2017 LYNX TECHNOLOGIES, INC. 1,875.00 GIS SERVICES - FEB 2017 03/21/2017 MANAGEMENT PARTNERS INC. 3,000.00 CITY COUNCIL TEAM BUILDING FACILITATION SVCS 464.25 EXECUTIVE COACHING SERVICES-FEB 2017 Check Total: 3,464.25 03/21/2017 MATRISCOPE ENGINEERING 2,605.45 INSPECTION & TESTING-FALLON SPORTS PARK 03/21/2017 MCE CORPORATION 365,948.24 BUILDING MAINTENANCE - JAN 2017 03/21/2017 MCLANE, TEGAN 17.82 MILEAGE REIMBURSEMENT-FEB 2017 03/21/2017 M-GROUP 11,020.00 PLANNING SERVICES - FEB 2017 03/21/2017 MILLION, AMY 193.03 REIMB EMPLOYEE RECOGNITION EVENT SUPPLIES 03/21/2017 MINUTEMAN PRESS 193.60 ST. PATRICK'S FESTIVAL POSTERS 03/21/2017 MNJ TECHNOLOGIES DIRECT INC 30,000.05 CISCO CORE SWITCHES 1,965.94 COMPUTER MONITORS AQUATIC COMPLEX Check Total: 31,965.99 03/21/2017 NOVANI, LLC. 325.44 COMPUTER MONITOR 253.04 UPS BATTERY REPLACEMENT Check Total: 578.48 03/21/2017 OPEN HEART KITCHEN 2,992.00 COMMUNITY SUPPORT GRANT OCT-DEC 2016 03/21/2017 PACIFIC CHESS ACADEMY 250.00 REFUND DEPOSIT CIVIC CENTER RENTAL 03/21/2017 PAKPOUR CONSULTING GROUP, INC. 1,820.00 PROJECT MANAGEMENT JORDAN RANCH PARK 8,710.00 PROJECT MGMT FALLON SPORTS PARK PH 2 Check Total: 10,530.00 03/21/2017 PARTNERS IN COMMUNICATION LLC 202.64 SIGN LANGUAGE SVCS FOR GRANT APPLICATION 03/21/2017 PEELLE TECHNOLOGIES INC 1,125.88 DOCUMENT PREPARATION & IMAGING SVCS 03/21/2017 PG&E 3,679.87 SERVICE TO 2/23/17 94.96 SERVICE TO 2/24/17 8,952.77 SERVICE TO 2/26/17 816.90 SERVICE TO 2/28/17 3,181.53 SERVICE TO 3/1/17 10,955.99 SERVICE TO 3/2/17 1,090.16 SERVICE TO 3/7/17 Check Total: 28,772.18 03/21/2017 PGADESIGN INC. 17,810.00 LANDSCAPE ARCHITECTURE SVCS-SUBAREA 3 PARK 03/21/2017 PHILLIPS, TYLER 7.70 MILEAGE REIMBURSEMENT-FEB 2017 03/21/2017 PUBLIC BENEFIT TECHNOLOGY 225.00 CITY COUNCIL MEETING VIDEO SVCS- JAN 2017 03/21/2017 RAMIREZ, MANUEL 12.00 REC CLASS REFUND 4.3.a Packet Pg. 36 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/21/2017 RAYNE OF SAN JOSE 144.65 WATER SOFTENER SERVICES F/S #16 163.80 WATER SOFTENER SERVICES F/S #17 121.80 WATER SOFTENER SERVICES F/S #18 Check Total: 430.25 03/21/2017 RUSHING, KATHLEEN F 500.00 PRESCHOOL MUSIC CLASS INSTRUCTOR 03/21/2017 S & C ENGINEERS, INC. 39,967.21 CONSTRUCTION ADMIN-DOUGHERTY RD PROJECT 03/21/2017 SAN FRANCISCO ELEVATOR SVC INC 300.00 ELEVATOR SERVICE & IMPROVEMENTS-MAR 2017 03/21/2017 SAN RAMON, CITY OF 41,562.62 DRFA WORKERS COMP & MEDICAL BENEFITS 03/21/2017 SCHOENING, INGEBORG 50.00 REC CLASS REFUND 03/21/2017 SELECT IMAGING 44.66 MILITARY HISTORY CENTER SPONSORSHIP FLYERS 133.98 ST. PATRICK’S FESTIVAL SPONSORSHIP FLYERS Check Total: 178.64 03/21/2017 SHUMS CODA ASSOCIATES INC 4,510.00 INSPECTION & PLAN CHECK SERVICES-FEB 2017 03/21/2017 SPECTRUM COMMUNITY SVCS INC. 743.73 COMMUNITY SUPPORT GRANT-AUG 2016 1,236.28 COMMUNITY SUPPORT GRANT-DEC 2016 860.84 COMMUNITY SUPPORT GRANT-JAN 2017 930.39 COMMUNITY SUPPORT GRANT-NOV 2016 856.03 COMMUNITY SUPPORT GRANT-OCT 2016 1,199.03 COMMUNITY SUPPORT GRANT-SEP 2016 Check Total: 5,826.30 03/21/2017 STONERIDGE CHRYSLER JEEP DODGE 2,339.11 POLICE VEHICLE MAINTENANCE 03/21/2017 STUDIO BLUE REPROGRAPHICS 81.22 CONFORM SET PRINTING-SEAN DIAMOND PARK 279.66 PLANS PRINTING-DUBLIN SPORTS GROUNDS 4,910.03 PRINTING SVCS-PUBLIC SAFETY COMPLEX 195.01 VOLUNTEER RECOGNITION EVENT POSTERS Check Total: 5,465.92 03/21/2017 TJENG, YULIANA 25.51 REIMB ALAMEDA COUNTY TRAINING EXP-TJENG 03/21/2017 TREASURER ALAMEDA COUNTY 794.50 CRIME LAB SERVICES - FEB 2017 03/21/2017 TRINH, JOAN 44.40 REC CLASS REFUND 03/21/2017 TRI-VALLEY HAVEN, INC 634.22 COMMUNITY SUPPORT GRANT-AUG 2016 1,305.17 COMMUNITY SUPPORT GRANT-DEC 2016 1,376.18 COMMUNITY SUPPORT GRANT-NOV 2016 1,486.21 COMMUNITY SUPPORT GRANT-OCT 2016 1,427.69 COMMUNITY SUPPORT GRANT-SEP 2016 Check Total: 6,229.47 03/21/2017 TRI-VALLEY JANITORIAL INC. 306.19 EXTRA JANITORIAL SERVICES-CIVIC CENTER 155.32 EXTRA JANITORIAL SERVICES-HERITAGE PARK 954.08 EXTRA JANITORIAL SERVICES-SHANNON CENTER 847.48 JANITORIAL SUPPLIES-CIVIC CENTER 44.81 JANITORIAL SUPPLIES-HERITAGE PARK 385.82 JANITORIAL SUPPLIES-LIBRARY 204.73 JANITORIAL SUPPLIES-SENIOR CENTER 399.01 JANITORIAL SUPPLIES-SHANNON CENTER Check Total: 3,297.44 03/21/2017 TYCO INTEGRATED SECURITY LLC 775.48 FIRE ALARM MONITORING SERVICES-LIBRARY 03/21/2017 U.S. POSTAL SERVICE 225.00 BUSINESS REPLY MAIL PERMIT FEE 4.3.a Packet Pg. 37 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/21/2017 VALLEY WINDOW CLEANING INC 450.00 WINDOW CLEANING SERVICES-CIVIC CENTER 03/21/2017 VALLEYCARE OCCUPATIONAL HEALTH 30.00 PRE-EMPLOYMENT MEDICAL SCREENING 03/21/2017 VAN SICKLE & ROLLERI, LLC 28,000.00 CAMP PARKS MILITARY HISTORY CENTER DESIGN 03/21/2017 VEER WEST LLC 1,927.80 HOMEKEEPER ONLINE FORM SOFTWARE APPLICATION 03/21/2017 VERIZON WIRELESS 2,052.80 POLICE CELL PHONE SERVICE TO 03/03/17 03/21/2017 VERMONT SYSTEMS, INC. 50.00 REC SOFTWARE USER GROUP FORUM-P&CS STAFF 03/21/2017 WEST CORPORATION 31,948.00 AQUATIC COMPLEX SECURITY & ACCESS CONSULTING 03/21/2017 WESTERN PACIFIC SIGNAL LLC 27,517.35 TRAFFIC SIGNAL CABINET & EQUIP-DOUGHERTY RD 03/21/2017 WESTERN TEXTILE & 2,457.87 DUBLIN PRIDE SUPPLIES 03/21/2017 WETHERFORD, HAZEL 42.80 MILEAGE REIMBURSEMENT-FEB 2017 03/21/2017 WILLDAN FINANCIAL SERVICES 1,018.00 PUBLIC FACILITIES FEE UPDATE TO 2/24/17 03/21/2017 ZHAO, XIN YING 18.00 REC CLASS REFUND 03/21/2017 ZUMWALT ENGINEERING GROUP 17,208.00 ENGINEERING SERVICES-JAN 2017 Payments Issued 3/21/2017 Total: 1,265,359.93 03/24/2017 CAL PERS 70,886.22 PERS RETIREMENT PLAN: PE 3/17/17 03/24/2017 CAL PERS HEALTH PREMIUM 130,987.68 HEALTH INSURANCE PREMIUM - APRIL 2017 03/24/2017 DELTA DENTAL OF CALIFORNIA 12,098.69 DELTA DENTAL PREMIUM - APRIL 2017 03/24/2017 EMPLOYMENT DEVELOPMENT DEPT 15,484.93 CA STATE WITHHOLDING: PE 3/17/17 03/24/2017 I C M A 401 PLAN 870.00 DEFERRED COMP 401A: PE 3/17/17 03/24/2017 I C M A 457 PLAN 25,197.93 DEFERRED COMP 457: PE 3/17/17 03/24/2017 INTERNAL REVENUE SERVICE 56,401.80 FEDERAL WITHHOLDING: PE 3/17/17 03/24/2017 US BANK - PARS 3,315.58 PARS: PE 3/17/17 03/24/2017 VISION SERVICE PLAN - (CA) 1,319.69 VISION INSURANCE PREMIUM - APRIL 2017 03/24/2017 WAGEWORKS, INC. 3,777.03 WAGEWORKS 2017: PE 3/17/17 Payments Issued 3/24/2017 Total: 320,339.55 03/28/2017 4LEAF INC. 1,920.00 BUILDING INSPECTION & PLAN CHECK SVCS-JAN 2017 03/28/2017 AT&T - CALNET 3 409.23 SERVICE TO 3/12/17 660.86 SERVICE TO 3/12/17 Check Total: 1,070.09 03/28/2017 BLUE SKY PRIVATE SECURITY 375.00 ST. PATRICK'S FESTIVAL BIKE VALET SECURITY SVCS 2,325.00 ST. PATRICK'S FESTIVAL SECURITY SERVICES Check Total: 2,700.00 03/28/2017 BOY SCOUT TROOP 905 2,500.00 ST. PATRICK'S FESTIVAL RECYCLING & WASTE SVCS 03/28/2017 CALICO CENTER 2,080.07 COMMUNITY SUPPORT GRANT OCT-DEC 2016 03/28/2017 CALIFORNIA BANK OF COMMERCE 5,212.07 RETENTION DEPOSIT-DOUGHERTY RD CONSTR PROJ 03/28/2017 CALTRONICS BUSINESS SYSTEMS 455.10 COPIES-FEB 2016 03/28/2017 CHARTER BROS INC. 2,437.50 ST. PATRICK'S FESTIVAL SHUTTLE BUS SERVICES 03/28/2017 CITIES GROUP, THE 1,328.83 WORKERS COMP & SAFETY COMPLIANCE ASSESSMENT 03/28/2017 COMCAST 804.47 INTERNET & CABLE SERVICES TO 4/10/17 03/28/2017 COMMUNITY RESOURCES FOR 574.71 COMMUNITY SUPPORT GRANT - AUG 2016 675.25 COMMUNITY SUPPORT GRANT - DEC 2016 586.52 COMMUNITY SUPPORT GRANT - JUL 2016 601.04 COMMUNITY SUPPORT GRANT - NOV 2016 600.33 COMMUNITY SUPPORT GRANT - OCT 2016 612.33 COMMUNITY SUPPORT GRANT - SEPT 2016 4.3.a Packet Pg. 38 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description Check Total: 3,650.18 03/28/2017 CPS HR CONSULTING -280.00 CREDIT FOR OFFICE ASSISTANT II TESTING MATERIALS 2,849.00 OFFICE ASSISTANT II TESTING MATERIALS Check Total: 2,569.00 03/28/2017 CSG CONSULTANTS INC 9,034.00 ENGINEERING SERVICES-JAN 2017 03/28/2017 DEAM, VALERIE 500.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/28/2017 DESILVA GATES CONSTRUCTION LP 100,429.38 CONSTRUCTION SVCS-DOUGHERTY RD IMPROVEMENTS 03/28/2017 DRAIN DOCTOR, INC. 500.00 REFUND CASH COMPLETION BOND 03/28/2017 DUBLIN SAN RAMON SERVICES 8,895.00 PLANNING & PERMIT FEES-PS COMPLEX/POLICE SVCS 03/28/2017 DUNBAR ARMORED INC 164.70 ARMORED CAR SERVICE - MAR 2017 03/28/2017 DUTCHOVER & ASSOCIATES 3,543.75 ENGINEERING SERVICES - JAN 2017 1,291.25 PLANNING SERVICES - MAR 2017 Check Total: 4,835.00 03/28/2017 ECAM SECURE INC 5,040.00 EAGLE CAM ANNUAL SERVICE WARRANTY 03/28/2017 FIRST CARBON SOLUTIONS 4,740.00 PLANNING SERVICES TO 2/24/17 03/28/2017 HOPE HOSPICE, INC. 15,000.00 COMMUNITY SUPPORT GRANT JUL-NOV 2016 03/28/2017 JOCHNER, RICH 8.99 MILEAGE REIMBURSEMENT - FEB 2017 03/28/2017 KIER & WRIGHT CIVIL ENGINEERS 8,602.00 ENGINEERING SERVICES TO 10/9/16 5,096.00 ENGINEERING SERVICES TO 11/13/16 1,589.50 ENGINEERING SERVICES TO 12/11/16 11,301.50 ENGINEERING SERVICES TO 9/11/16 Check Total: 26,589.00 03/28/2017 LANGUAGE LINE SERVICES 9.50 LANGUAGUE LINE SERVICES-FEB 2017 03/28/2017 MCBRIDE IRISH DANCERS 500.00 ST. PATRICK'S FESTIVAL ENTERTAINMENT 03/28/2017 MCE CORPORATION 304,502.27 BUILDING MAINTENANCE - FEB 2017 03/28/2017 MEREDITH FAMILY INC 730.80 REC CLASS INSTRUCTOR 03/28/2017 MINUTEMAN PRESS 63.18 ST. PATRICK'S FESTIVAL SUPPLIES 03/28/2017 NEXTEL COMMUNICATIONS 2.98 RECREATION CELLPHONES TO 2/19/17 03/28/2017 OPEN HEART KITCHEN 4,114.00 COMMUNITY SUPPORT GRANT JUL-SEP 2016 03/28/2017 PATHWAY COMMUNITY CHURCH 1,000.00 ST. PATRICK'S FESTIVAL CLEAN-UP SERVICES 03/28/2017 PG&E 809.71 SERVICE TO 3/14/17 3,266.58 SERVICE TO 3/13/17 982.48 SERVICE TO 3/14/17 4,435.60 SERVICE TO 3/8/17 6,165.21 SERVICE TO 3/9/17 Check Total: 15,659.58 03/28/2017 PUNJABI CULTURAL ASSOC. 750.00 REFUND DEPOSIT SHANNON CENTER RENTAL 03/28/2017 SALESFORCE.COM, INC. 4,788.00 RENEW HOMEKEEPER CLOUD-BASED PLATFORM SVCS 03/28/2017 SNG & ASSOCIATES INC. 45,118.50 ENGINEERING SERVICES-JAN 2017 03/28/2017 SPECIAL EVENTS 18,838.56 ST. PATRICK'S FESTIVAL EQUIPMENT RENTAL 03/28/2017 SPECTRUM COMMUNITY SVCS INC. 907.13 COMMUNITY SUPPORT GRANT-FEB 2017 03/28/2017 STAPLES BUSINESS ADVANTAGE 3,486.98 OFFICE SUPPLIES - FEB 2017 03/28/2017 TELEPACIFIC COMMUNICATIONS 2,020.84 CIVIC CENTER INTERNET & PHONE SVC TO 4/8/17 03/28/2017 TRI-VALLEY HAVEN, INC 860.28 COMMUNITY SUPPORT GRANT-AUG 2016 1,059.44 COMMUNITY SUPPORT GRANT-JAN 2017 982.98 COMMUNITY SUPPORT GRANT-JUL 2016 Check Total: 2,902.70 03/28/2017 U.S. POSTAL SERVICE 4,273.62 POSTAGE FOR SUMMER ACTIVITY GUIDE MAILING 4.3.a Packet Pg. 39 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Print Date: 04/05/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 3/1/2017 through 3/31/2017 Date Issued Payee Amount Description 03/28/2017 VISION COMMUNICATIONS CO 600.00 TWO-WAY RADIOS FOR ST. PATRICK'S FESTIVAL 03/28/2017 WETHERFORD, HAZEL 242.90 REIMB CAL OES EMERGENCY PLANNING TRNG EXP 03/28/2017 YAMAHA GOLF CARTS OF CALIF INC 4,597.24 ST. PATRICK'S FESTIVAL GOLF CART RENTALS Payments Issued 3/28/2017 Total: 617,572.16 03/29/2017 UNUM LIFE INS CO OF AMERICA 11,443.63 LIFE AND AD&D PREMIUM - APR 2017 Payments Issued 3/29/2017 Total: 11,443.63 Grand Total for Payments Dated 3/1/2017 through 3/31/2017: 4,741,657.38 Total Number of Payments Issued: 312 4.3.a Packet Pg. 40 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - M a r c h 2 0 1 7 ( 1 4 0 0 : P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 1 7 ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Development Agreement Extension for the Dublin Gateway Medical Center Project at 4084 & 4100 Dublin Boulevard (PA 06-026), Second Reading Prepared by: Marnie Delgado, Senior Planner EXECUTIVE SUMMARY: The Applicant is requesting an extension to the existing Development Agreement for the Dublin Gateway Medical Center. The Development Agreement vested the hospital alternative Planned Development Zoning, Conditional Use Permit and Site Development Review entitlements approved in 2007. The Development Agreement will expire on July 6, 2017 unless extended before that time. The Applicant has requested to extend the Development Agreement for up to five years. The Planning Commission reviewed the proposed extension on March 14, 2017 and adopted a Resolution recommending that the City Council adopt an Ordinance approving the extension. The City Council waive d the reading and introduced an Ordinance approving the extension on April 4, 2017. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and adopt an Ordinance Approving an Amendment to the Development Agreement between the Ci ty of Dublin and Triad Dublin Gateway, L.P. to Allow for a Five -Year Time Extension with Conditions. FINANCIAL IMPACT: The Developer will make a contribution of $200,000 per year for each year the Development Agreement is extended up to a maximum of five (5) years. DESCRIPTION: Triad Dublin Gateway, L.P. obtained a Conditional Use Permit and Site Development Review approval in 2005 to develop a medical center consisting of three buildings and a parking structure. See Figure 1 below. Phase 1 of the proje ct includes two medical office buildings totaling 120,000 square feet. Phase 1 has been constructed and is occupied. Phase 2 of the project included a third medical office building totaling 58,000 square feet and a multi-level parking structure. Phase 2 has not been constructed. 4.4 Packet Pg. 41 Page 2 of 4 Figure 1. Dublin Gateway Medical Center: 2005 Approval In 2007, Triad Dublin Gateway, L.P. obtained Planned Development Zoning, Conditional Use Permit and Site Development Review entitlements for an alternate approval for Phase 2 of the project. The alternate approval allows construction of the originally approved 58,000 square foot medical office building and a 4 -level parking structure or a 100-bed hospital with a 5-level parking structure. See Figure 2 and 3 below. 4.4 Packet Pg. 42 Page 3 of 4 Figure 2. Dublin Gateway Medical Center: 2007 Approval Figure 3. Dublin Gateway Medical Center Hospital Triad Dublin Gateway, L.P. entered into a Development Agreement with the City of Dublin to vest the alternate approval for a period of 10 years (Attachme nt 1). The Development Agreement is set to expire on July 6, 2017 unless extended before that time. The developer has requested to extend the Development Agreement for up to 5 years (Attachment 2). 4.4 Packet Pg. 43 Page 4 of 4 Following is an overview of the terms of the proposed ame ndment to the Development Agreement: 1. Developer will contribute $200,000 a year for each year the Developer desires to extend the Agreement; 2. Developer may request annual extensions for no more than 5 years; 3. Developer may submit payment for the first yea r extension in quarterly payments of $50,000; and 4. Failure to make a payment would result in termination of the Agreement. The Planning Commission reviewed and recommended approval of the extension at their meeting on March 14, 2017 (Attachment 3). The City Council held a public hearing, waived the reading and introduced the Ordinance to extend the Development Agreement on April 4, 2017. The City Council will consider taking action on the request to extend the Development Agreement (Attachment 4). ENVIRONMENTAL REVIEW: On May 15, 2007, the City Council adopted Resolution 71-07 adopting a CEQA Addendum and Statement of Overriding Considerations for the Dublin Gateway Medical Center Building 3 Hospital and Garage project located at 4084 and 4100 Dublin Boulevard (PA 06-026). Approval of the Development Agreement was an action covered by the Addendum and therefore extending the term of the Development Agreement does not require additional environmental review. ATTACHMENTS: 1. Ordinance 14-07 - Gateway Medical Development Agreement 2. Request from Eden Health District dated October 20, 2016 3. Planning Commission Resolution 17-02 4. Draft City Council Ordinance 5. Exhibit A - Amendment No 1 to the Development Agreement 4.4 Packet Pg. 44 ORDINANCE NO. 14 - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Dublin Gateway Medical Center Building 3 Hospital and Garage project (the Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area designated Campus Office on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map with an allowance for General Commercial land uses pursuant to Planned Development Zoning. B. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164 provide that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when a project requires a minor technical change to an EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. C. A public hearing on the proposed Development Agreement was held before the Planning Commission on April 24, 2007 and May 8, 2007, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on May 15,2007 and June 5, 2007 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at the April 24, 2007 and May 8, 2007 meetings, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2.FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) the 1996 Mitigated Negative Declaration for the Santa Rita Property, (e) the CEQA Addendum (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: Page 1 of3 4.4.a Packet Pg. 45 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 4.4.a Packet Pg. 46 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 4.4.a Packet Pg. 47 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee waived per GC 27383 Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. FOR THE DUBLIN GATEWAY MEDICAL CENTER PROJECT HOSPITAL ALTERNATIVE) 4.4.a Packet Pg. 48 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered in the City of Dublin on this 15th day of May, 2007, by and between the City of Dublin, a Municipal Corporation (hereafter "City"), and Triad Dublin Gateway, L.P., a California limited partnership (hereafter "Developer"), pursuant to the authority of SS 65864 et seq.of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code SS 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and B. Developer owns fee title to four separate legal parcels of real property consisting of approximately 7.139 acres located in the City of Dublin, County of Alameda, State of California. These four parcels are sometimes referred to individually herein as Parcel 1, Parcel 2, Parcel 3 and Parcel 4, respectively. The property subject to this Agreement consists of Parcel 3 and Parcel 4, the size of which is 3.13 total acres and which is legally described in Exhibit A attached hereto (the "Property"). Parcel 1 , Parcel 2, Parcel 3 and Parcel 4 are sometimes each individually referred to herein as a "Parcel" and collectively as the "Parcels"; and C. On February 28, 2005, the City granted a Vesting Tentative Parcel Map for Tract 8524 for Dublin Gateway Medical Center (Community Development Director Resolution No. 05-01) and on January 25,2005, the City granted a Conditional Use Permit (Planning Commission Resolution No.05-06) and Site Development Review (Planning Commission Resolution No.05-06) for the development of the Parcels (these approvals are hereinafter collectively referred to as the "Original Approvals"). Under these Original Approvals, the original plan was to develop the Parcels in two phases, with Phase I consisting of two medical/professional office buildings totaling approximately 120,000 square feet, and Phase II consisting of a third approximately 58,000 square-foot medical/professional office building of three stories and a 427 -space, 4-level parking structure. Building 1 on Parcel 1 is approximately 65,295 square feet, Building 2 on Parcel 2 is approximately 57,786 square feet and Building 3 on Parcel 3 is approximately 58,000 square feet. Phase I and Phase II of the project, as configured under the Original Approvals, are depicted on the Site Plan attached hereto as Exhibit C. The plan proposed by the Original Approvals is commonly referred to as the "Dublin Gateway Medical Center"; and D. Developer has completed construction of Phase I contemplated under the Original Approvals. Developer now desires to provide for an alternate Dublin/Triad Dublin Gateway, L.P. Development Agreement Page 2 of 16 for the Dublin Gateway Medical Center Project May 15, 2007 CLEAN_DA Dublin Gateway Medical Center_041007.DOC 4.4.a Packet Pg. 49 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Phase II development plan, which will provide the Developer with the flexibility to develop either the original Phase II plan, as described in Recital C (the "Original Plan") or the alternate Phase II development plan (the "Alternate Plan"). The Alternate Plan consists of a six-story, approximately 168,000 square-foot, 100- bed hospital building and a five-level parking structure, of which one level will be located below-ground. The Site Plan for the Alternate Plan, which also depicts Phase I of the Project, is attached hereto as Exhibit D. Developer has applied for, and City has approved or is processing various land use approvals in connection with the Alternate Plan, including a Conditional Use Permit (City Council Resolution No. ~, a Site Development Review (City Council Resolution No.~, and an amended Stage 1 and Stage 2 Development Plan Planning Commission Resolution No.~, (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the Alternate Approvals"). Any reference in the remainder of this Agreement to the Project" or to the "Hospital" shall mean the development contemplated in the Alternate Plan that was approved by the Alternate Approvals. In addition, any reference in this Agreement to the Project shall mean and include the Property, and any reference in this Agreement to the Property shall mean and include the Project; and E. City desires the timely, efficient, orderly and proper development of the Project; and F. The Property is located within the Eastern Dublin Specific Plan and General Plan Amendment area. The Eastern Dublin Specific Plan requires Developer to enter into this development agreement for the development of the Project contemplated in the Alternate Approvals, and City has agreed to extend the term of the Agreement beyond the standard five-year term that the City offers for development agreements required by the Eastern Dublin Specific Plan in exchange for the Developer's making a community benefit payment to the City, as set forth in Exhibit B. A previous development agreement satisfies the Eastern Dublin Specific Plan's development agreement requirement as to the Original Approvals. The City Council has found that, among other things, this Agreement, which applies to the Alternate Approvals, is consistent with the General Plan and the Eastern Dublin Specific Plan, and has been reviewed and evaluated in accordance with Chapter 8.56; and G. The Project is located in the Dublin General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which a Program EIR was certified pursuant to the California Environmental Quality Act (CEQA) SCH No. 91-103064, Resolution 53-93); the City also approved a Mitigated Negative Declaration (SCH No. 1996082092) for the Santa Rita Specific Plan Amendment, of which the Project isa part (collectively, "CEQA Compliance Documentation"). The City prepared an Initial Study for the Project to determine Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 2 of 16 May 15, 2007 4.4.a Packet Pg. 50 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) whether supplemental environmental impacts would occur as a result of the project beyond or different from those already addressed in the CEQA Compliance Documentation, and concluded that it did not. Thus, an Addendum has been prepared in accordance with CEQA Guidelines Sections 15162 and 15164 (City Council Resolution No.~. H. City and Developer have reached agreement, and desire to express herein a development agreement that will facilitate development of the Alternate Plan subject to conditions set forth herein; and I. On , 2007, the City Council of the City of Dublin adopted Ordinance No. _ - _ approving this Agreement. The Ordinance took effect on 2007 ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, City and Developer agree as follows: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it owns or holds a right to purchase the Property. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Developer, and that the Developer is not an agent of City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date and Term. 4.1. Effective Date. The effective date of this Agreement shall be the date ("the Effective Date") upon which this Agreement is signed by the City. Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 3 of 16 May 15, 2007 4.4.a Packet Pg. 51 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 4.2. Term. The "Term" of this Agreement shall commence on the Effective Date and extend ten (10) years thereafter, unless said Term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Property. 5.1. Riqht to Develop. Developer shall have the vested right to develop and use the Project on the Property in accordance with the terms and conditions of this Agreement, the Alternate Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. 5.2. Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities operated by City) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Alternate Approvals and any amendments to this Agreement or the Alternate Approvals. 5.3. Additional Conditions. Provisions for the following ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1. Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. These conditions do not affect Developer's responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin to be obtained from other regulatory agencies.) Currently, no future discretionary approvals (beyond the Alternate Approvals) are needed from City to develop the Project. None 5.3.2. Mitiqation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3. Phasinq, Timinq. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 4 of 16 May 15, 2007 4.4.a Packet Pg. 52 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) See Exhibit B 5.3.4. Financinq Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5. Fees, Dedications. Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6. Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exhibit B 5.3.7. Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules, Requlations and Official Policies. 6.1. Rules re Permitted Uses. For the Term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the effective date of this Agreement. 6.2. Rules re Desiqn and Construction. Unless otherwise expressly provided in paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the effective date of this Agreement. Currently, no future discretionary approvals (beyond the Alternate Approvals) are needed from City to develop the Project. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether that date of approval is prior to or after the date of this Agreement. 6.3. Uniform Codes Applicable. Unless expressly provided in paragraph 5 of this Agreement, the Project shall be constructed in accordance Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 5 of 16 May 15, 2007 4.4.a Packet Pg. 53 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. 7. Subsequently Enacted Rules and Requlations. 7.1. New Rules and Requlations. During the Term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the effective date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Alternate Approvals, and (b) if such ordinances, resolutions, rules, regulations or official policies have general applicability. 7.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3. Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- approval requirement which affects the Project on all or any part of the Property, such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Alternate Approvals, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code S 8558. 8. Subsequently Enacted or Revised Fees. Assessments and Taxes. 8.1. Fees. Exactions, Dedications. City and Developer agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Eastern Dublin Specific Plan shall be those set forth in the Alternate Approvals and in this Agreement (including Exhibit B). The City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 6 of 16 May 15, 2007 4.4.a Packet Pg. 54 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, or impose other exactions in connection with the Alternate Approvals or any subsequent discretionary approval for the Property, except as set forth in the Alternate Approvals and this Agreement including Exhibit B, subparagraph 5.3.5). 8.2. Revised Application Fees. Any existing application, processing and inspection fees that are revised during the Term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the appfication of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. Developer has no vested right against such revised application, processing and inspection fees, but Developer does not waive its right to challenge the legality of any such application, processing and/or inspection fees under the controlling law then in place. 8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. Developer has no vested right against such new taxes, but Developer does not waive its right to challenge the legality of any such taxes under the controlling law then in place. 8.4. Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5. Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution c;ind Developer does not return its ballot, City may, only after providing reasonable notice to Developer (30 days minimum) of the assessment, fee or charge, count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1. Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 7 of 16 May 15, 2007 4.4.a Packet Pg. 55 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 8.56. 9.2. Amendment bv Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of state law and Chapter 8.56. 9.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding subparagraph 9.2, any amendments to this Agreement which do not relate to (a) the Term of the Agreement as provided in subparagraph 4.2; (b) the permitted uses of the Property as provided in subparagraph 5.2; (c) provisions for significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. City's Public Works Director shall determine whether a reservation or dedication is significant" . 9.4. Cancellation bv Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to subparagraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by City. 10. Term of Alternate Approvals. Notwithstanding Dublin Municipal Code section 8.96.020.0, the term of all of the Alternate Approvals shall be extended to and until the end of the Term of this Agreement. 11. Annual Review. 11.1. Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2008 and each July 15 to August 15 thereafter. 11.2. Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to Dublin/Triad Dublin Gateway, L.P. DevelopmentAgreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 8 of 16 May 15,2007 4.4.a Packet Pg. 56 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3. Staff Reports. To the extent practical, City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4. Costs. Costs reasonably incurred by City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 12. Default. 12.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2. Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such le9al or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3. No Damaqes Aqainst City. In no event shall damages be awarded against City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the performance of its Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_D41DD7.DOC Page 9 of 16 May 15, 2007 4.4.a Packet Pg. 57 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this paragraph are true, and any party may rely on such deemed certification. 14. Mortqaqee Protection; Certain Riqhts of Cure. 14.1. Mortqaqee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherWise. 14.2. Mortqaqee Not Obliqated. Notwithstanding the provisions of subparagraph 14.1 above, no Mortgagee shall have any obligation orduty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Alternate Approvals or by this Agreement. 14.3. Notice of Default to Mortqaqee and Extension of Riqht to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. City, through its City Manager, may extend the thirty-day cure period Dublin/Triad Dublin Gateway, L. P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 10 of 16 May 15, 2007 4.4.a Packet Pg. 58 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) provided in subparagraph 12.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 15. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or Term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Costs. If City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Alternate Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding. 17. Transfers and Assiqnments. 17.1 Developer's Riqht to Assiqn. All of Developer's rights, interests and obligations hereunder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of the Property subject hereto, or any portion thereof, at any time during the Term of this Agreement, provided that no transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without the prior written notice to City and approval by the City Manager of City, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within ten (10) working days after Developer's notice is given to City and receipt by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: (a) providing notice to City; (b) assuring that all obligations of Developer are fully allocated as between Developer and the proposed purchaser, transferee or assignee; and (c) assuring City that the proposed purchaser, transferee or assignee is capable of performing Developer's obligations hereunder not withheld by Developer pursuant to Paragraph 17.3. Notwithstanding the foregoing, provided notice is given as Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_D41DD7.DOC Page 11 of 16 May 15, 2007 4.4.a Packet Pg. 59 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) specified in Paragraph 23, no City approval shall be required for any transfer, sale, or assignment of this Agreement to: (1) any entity which either (i) is an affiliate or subsidiary of Developer or (ii) results from the merger of Developer or its parent or is the purchaser of all, or substantially all, of the assets of Developer or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee. 17.2 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.3 Developer's Riqht to Retain Specified Riqhts or Obliqations. Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Developer shall retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 18. Aqreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 12 of 16 May 15, 2007 4.4.a Packet Pg. 60 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. Developer may assign its benefits and burdens under this Agreement, subject to the provisions set forth above in paragraph 16 of this Ag reement. 19. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. Developer agrees to indemnify, defend and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been. dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 21. Insurance. 21.1. Public Liability and Property Damaqe Insurance. During construction of the Project, Developer shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than One Million Dollars ($1,000,000.00). The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2. Workers Compensation Insurance. During construction, Developer shall maintain Worker's Compensation insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 13 of 16 May 15, 2007 4.4.a Packet Pg. 61 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer shall indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 21.3. Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish City satisfactory evidence of the insuranc.e required in subparagraphs 20.1 and 20.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 22. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of City. 23. Notices. 23.1. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Joseph D. Carroll Triad Partners, Inc. 8001 Irvine Center Drive, Suite 1000 Irvine, CA 92618 FAX No. (949) 679-4242 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 14 of 16 May 15, 2007 4.4.a Packet Pg. 62 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 25. Aqreement is Entire Understandinq. This Agreement constitutes the entire understanding and agreement of the parties. 26. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Additional Conditions Exhibit C Site Plan of Phase I and II Under the Original Approvals Exhibit D Site Plan of Phase I and II Under the Alternate Approvals 27. Counterparts. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. 28. Recordation. City shall record a copy of this Agreement within ten days following execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: By:Date: Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 1 5 of 16 May 15, 2007 4.4.a Packet Pg. 63 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) j . Janet Lockhart, Mayor ATTEST: By: Date: Ffl'vvn I j.elmafl, City Clerk APPROVED AS TO FORM: N~ 1L Elizabeth H. Silver, City Attorney TRIAD DUBLIN GATEWAY, L.P., a California limited partnership By: Triad Partners, Inc., a California corporation, General Partner By: J h D. Carroll, President By: ~~r~ Richard T. Needham, Senior Vice President NOTARIZATION ATTACHED) Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 16 of 16 May 15, 2007 4.4.a Packet Pg. 64 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 4.4.a Packet Pg. 65 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Exhibit A Legal Description of the Property Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT A 4.4.a Packet Pg. 66 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to paragraph 5.3 of this Agreement. Subparagraph 5.3.1 -- Subsequent Discretionary Approvals None. Subparagraph 5.3.2 -- Mitigation Conditions Subsection a.Infrastructure Sequencing Program The Infrastructure Sequencing Program for the Project is set forth below. i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Resolution No. 07-_ ofthe City Council of the City of Dublin approving Site Development Review (hereafter "SDR Resolution") shall be completed by Developer to the satisfaction of the Public Works Director at the times and in the manner specified in the SDR Resolution unless otherwise provided below. All such roadway improvements shall be constructed to the satisfaction and requirements of City's Public Works Director. ii) Sewer. All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. iii) Water. An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shall be completed in accordance with the DSRSD requirements. Recycled water lines shall be installed in accordance with the SDR Resolution. iv) Storm Drainage. Dubiin/Triad Dubiin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHiBIT B 4.4.a Packet Pg. 67 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) A) The storm drainage systems off-site, as well as on- site drainage systems for the areas to be occupied, shall be improved consistent with the Drainage Plan and conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, all grading, construction, and development activities within the City of Dublin must comply with the provisions of the Clean Water Act. Proper erosion control measures must be installed at development sites within the City during construction, and all activities shall adhere to Best Management Practices. v) Other Utilities (e.g. gas, electricity, cable televisions, telephone) Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy. Subsection b.Miscellaneous i) Completion May Be Deferred. Notwithstanding the foregoing, City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow Developer to defer completion of discrete portions of any public improvements for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subparagraph 5.3.3 -- Phasing, Timing This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by City. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Alternate Approvals. Subparagraph 5.3.4 -- Financing Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in subparagraph 5.3.6 below). Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 4.4.a Packet Pg. 68 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in subparagraph 5.3.2(a)(ii) and (iii) above. Subparagraph 5.3.5 -- Fees, Dedications Subsection a.Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 111-04, including any future amendments to such fee. Developer will pay such fees, in cash or credits: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Developer further agrees that it will pay eleven percent (11 %) of the Section 1/Category 1" portion of the TIF in cash. Developer also agrees that it will pay twenty-five percent (25%) of the Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and as a result the City's outstanding balance due on loans is less than 25% of total Section 2/Category 2 improvements, the Developer shall pay such reduced percentage of the "Section 2/Category 2" portion of the TIF in cash. Subsection b.Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchanges. Developer shall pay the Eastern Dublin 1-580 Interchange Fee established by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98 and by any subsequent resolution which revises such Fee. Developer will pay such fee: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Subsection c.Public Facilities Fees. Developer shall pay a Public Facilities Fee established by City of Dublin Resolution No. 214-02, including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 4.4.a Packet Pg. 69 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Subsection d.Noise Mitigation Fee. Developer shall pay a Noise Mitigation Fee established by City of Dublin Resolution No. 33-96, including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Subsection e.School Impact Fees. School impact fees shall be paid by Developer in accordance with Government Code section 53080 and the agreement between Developer's predecessor in interest and the Dublin Unified School District regarding payment of mitigation fees. Subsection f.Fire Impact Fees. Developer shall pay a fire facilities fee established by City of Dublin Resolution No. 12-03 including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Subsection g.Tri-Valley Transportation Development Fee. Developer shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any subsequent resolution which revises such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 4.4.a Packet Pg. 70 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) SubparaQraph 5.3.6 -- Credit Subsection a.Traffic Impact Fee Improvements -- Credit City shall provide a credit to Developer for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the Developer in their ultimate location. All aspects of the credit shall be covered by City's Administrative Guidelines for Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines")). Subsection b.Traffic Impact Fee RiQht-of-Way Dedications -- Credit City shall provide a credit to Developer for any TIF area right-of-way to be dedicated by Developer to City which is required for improvements which are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines. SubparaQraph 5.3.7 - Miscellaneous Subsection a.Community Benefit Payment. Developer, as a means of ensuring compliance with Section 10.4 and Policy 10-1 of the Eastern Dublin Specific Plan, has offered to pay to City a community benefit payment in the amount of two million ninety-three thousand eight-hundred and seventy-two dollars ($2,093,872.00) (the "Community Benefit Payment"). The EIR prepared for the Eastern Dublin EIR assumed that project- generated revenues, including property tax revenues, would be sufficient to pay for city services necessary to serve new development and determined that no mitigations were necessary. The Community Benefit Payment is designed to mitigate the potential impact of the loss of property tax that may result if the owner or operator of the Hospital were to apply for a property tax exemption and the Hospital were to be taken off the property tax rolls. Therefore, in addition to any other fees and payments due and payable, Developer hereby agrees to, at the time of the issuance of a grading permit to facilitate the construction of the Hospital under the Alternate Plan, make the Community Benefit Payment, which shall be non-refundable. If Developer fails to make the Community Benefit Payment as set forth in this subsection, then Developer agrees that the City may withhold the issuance of such grading permit. Notwithstanding the foregoing, Developer shall not be required to make the Community Benefit Payment at the time of the issuance of a grading permit to facilitate the construction of the . Hospital under the Alternate Plan, if Developer provides evidence satisfactory to the City Manager that the owner of the Property, when the Hospital commences operation, will not be eligible for a welfare exemption under Revenue and Taxation Code section 214. However, if during the Term of this Agreement the Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 4.4.a Packet Pg. 71 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Property becomes exempt from taxation under Revenue and Taxation Code section 214, then Developer shall be obligated to make the Community Benefit Payment. Developer, on behalf of itself and its approved successors and assigns, acknowledges that failure to pay the Community Benefit Payment as required by this subsection shall constitute grounds for revocation of the Hospital Conditional Use Permit referenced in Recital D. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 4.4.a Packet Pg. 72 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) EXHIBIT C Site Plan of Phase I and II Under the Original Approvals Dublin/Triad Dublin Gateway, LP. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT C 4.4.a Packet Pg. 73 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) EXHIBIT D Site Plan of Phase I and Phase II Under the Alternate Approvals Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT D 4.4.a Packet Pg. 74 At t a c h m e n t : 1 . O r d i n a n c e 1 4 - 0 7 - G a t e w a y M e d i c a l D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 4.4.b Packet Pg. 75 At t a c h m e n t : 2 . R e q u e s t f r o m E d e n H e a l t h D i s t r i c t d a t e d O c t o b e r 2 0 , 2 0 1 6 ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) RESOLUTION NO. 17-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. TO ALLOW FOR A FIVE YEAR TIME EXTENSION WITH CONDITIONS PA 06-026 WHEREAS, the Eden Health District has submitted a request for a time extension to the existing Development Agreement between the City of Dublin and Triad Dublin Gateway, L.P. for the project known as the Dublin Gateway Medical Center Hospital Alternative located at 4084 and 4100 Dublin Boulevard (APN 986-0016-021 & 986-0016-022); and WHEREAS, the existing Development Agreement vested the Planned Development Zoning, Conditional Use Permit and Site Development Review approvals that were granted in 2007 for a ten year period and will expire on July 6, 2017 unless extended before that time; and WHEREAS, the Eden Health District is requesting an extension and City Staff supports a five year extension assuming certain conditions can be met; and WHEREAS, the proposed Development Agreement Amendment is attached to this Resolution as Exhibit A; and WHEREAS, on May 15, 2007, the City Council adopted Resolution 71-07, adopting a CEQA Addendum and Statement of Overriding Considerations for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project (PA 06-026). Approval of the Development Agreement was an action covered by the CEQA Addendum and therefore an extension to the time period that the Development Agreement is effective does not require additional environmental review; and WHEREAS, on March 14, 2017, the Planning Commission held a public hearing on the proposed Development Agreement Amendment; and WHEREAS, proper notice of the public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council adopt an Ordinance approving the Development Agreement Amendment; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding the proposed Development Agreement Amendment: 4.4.c Packet Pg. 76 At t a c h m e n t : 3 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 0 2 ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 1. The proposed Development Agreement Amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Eastern Dublin Specific Plan in that: a) the General Plan and Eastern Dublin Specific Plan land use designation for the subject site is Campus Office and the Development Agreement Amendment is consistent with that designation; and b) the Development Agreement Amendment is consistent with the fiscal policies in relation to the provision of infrastructure and public services of the General Plan and Eastern Dublin Specific Plan. 2. The proposed Development Agreement Amendment is compatible with the uses authorized in, and the regulations prescribed for, the land use designation in which the real property is located. 3. The proposed Development Agreement Amendment is in conformity with the public convenience, general welfare and good land use practice in that the proposed project will implement land use guidelines that were in place at the time the project was approved. 4. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare in that the project will proceed in accordance with the General Plan, Eastern Dublin Specific Plan, Project approvals and any Conditions of Approval for the proposed project. 5. The proposed Development Agreement Amendment will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan, Eastern Dublin Specific Plan and future project approvals. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Ordinance, included as Exhibit A, approving an amendment to the Development Agreement between the City of Dublin and Triad Dublin Gateway, L.P. to allow for a five year time extension with conditions. PASSED, APPROVED AND ADOPTED this 14th day of March 2017 by the following vote: AYES: Wright, Qureshi, Mittan, Bhuthimethee, Kothari NOES: ABSENT: ABSTAIN: 11104P Planning Commission Chair ATTEST: Assista t Co munity Development Director 2 of 2 4.4.c Packet Pg. 77 At t a c h m e n t : 3 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 0 2 ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 1 of 3 ORDINANCE NO. xx – 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. TO ALLOW FOR A FIVE YEAR TIME EXTENSION WITH CONDITIONS PA 06-026 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1: RECITALS A. Eden Health District has made a request for a time extension to the existing Development Agreement between the City of Dublin and Tria d Dublin Gateway, L.P. for the project known as the Dublin Gateway Medical Center Hospital Alternative located at 4084 and 4100 Dublin Boulevard (APN 986 -0016-021 & 986-0016-022); and B. The existing Development Agreement vested the Planned Development Zonin g, Conditional Use Permit and Site Development Review approvals that were granted in 2007 for a ten year period and will expire on July 6, 2017 unless extended before that time; and C. The Eden Health District is requesting an extension and City Staff suppor ts a five year extension assuming certain conditions can be met; and D. On May 15, 2007, the City Council adopted Resolution 71 -07, adopting a CEQA Addendum and Statement of Overriding Considerations for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project (PA 06-026). Approval of the Development Agreement was an action covered by the CEQA Addendum and therefore an extension to the time period that the Development Agreement is effective does not require additional environmental review; and E. The Planning Commission held a public hearing on the proposed Development Agreement Amendment on March 14, 2017 for which public notice was given by law; and F. The Planning Commission made its recommendation to the City Council for approval of the Development Agreement Amendment by Resolution 17-02; and G. A public hearing on the proposed Development Agreement Amendment was h eld before the City Council on April 4, 2017 for which public notice was given as provided by law; and H. The City Council has considered the recommendation of the Planning Commission including the Planning Commission’s reasons for its recommendation, the C ity Council Staff Report dated April 4, 2017 and all comments received in writing and all testimony received at the public hearing. 4.4.d Packet Pg. 78 At t a c h m e n t : 4 . D r a f t C i t y C o u n c i l O r d i n a n c e ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 2 of 3 Section 2: FINDINGS AND DETERMINATIONS Therefore, on the basis of: a) the foregoing Recitals which are incorporated herein, b) the City of Dublin General Plan and Eastern Dublin Specific Plan, c) the Staff Report, and, on the basis of the specific conclusions set forth below, the City Council finds and determines that: 1. The proposed Development Agreement Amendment is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Eastern Dublin Specific Plan in that: a) the General Plan and Eastern Dublin Specific Plan land use designation for the subject site is Campus Office and the Development Agreement Amendment is consistent with that designation; and b) the Development Agreement Amendment is consistent with the fiscal policies in relation to the provision of infrastructure and public services of the General Plan and Eastern Dublin Specific Plan. 2. The proposed Development Agreement Amendment is compatible with the uses authorized in, and the regulations prescribed for, the land use designation in which the real property is located. 3. The proposed Development Agreement Amendment is in conformity with the public convenience, general welfare and good land use practice in that the proposed project will implement land use guidelines that were in place at the time the project was approved. 4. The proposed Development Agreement Amendment will not be detrimental to the health, safety, and general welfare in that the project will proceed in accordance with the General Plan, Eastern Dublin Specific Plan, Project approvals and any Conditions of Approval for the proposed project. 5. The proposed Development Agreement Amendment will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan, Eastern Dublin Specific Plan and future project approvals. Section 3: APPROVAL The City Council hereby approves the Development Agreement Amendment (Exhibit A to the Ordinance) and authorizes the City Manager to execute it. Section 4: RECORDATION Within ten (10) days after the Development Agreement Amendment is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5: EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. 4.4.d Packet Pg. 79 At t a c h m e n t : 4 . D r a f t C i t y C o u n c i l O r d i n a n c e ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) 3 of 3 PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this day of , 2017, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 4.4.d Packet Pg. 80 At t a c h m e n t : 4 . D r a f t C i t y C o u n c i l O r d i n a n c e ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee waived per GC 27383 Space above this line for Recorder’s use AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN GATEWAY, LLC FOR THE DUBLIN GATEWAY MEDICAL CENTER PROJECT (HOSPITAL ALTERNATIVE) 4.4.e Packet Pg. 81 At t a c h m e n t : 5 . E x h i b i t A - A m e n d m e n t N o 1 t o t h e D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement for the Dublin Gateway Medical Center Project __________, 201_ Page 2 of 5 THIS AMENDMENT (“Amendment”) is made and entered in the City of Dublin on this _____, by and between the City of Dublin, a Municipal Corporation (hereafter “City”), and Dublin Gateway, LLC, a California limited liability company (hereafter “Developer”), pursuant to the authority of §§ 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. City and Developer are from time-to-time individually referred to in this Amendment as a “Party” and are collectively referred to as “Parties”. RECITALS A. California Government Code §§ 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter “Chapter 8.56”) authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and B. Pursuant to that authority, City and Triad Dublin Gateway, L.P., a California limited partnership (“Triad”) entered into that certain “Development Agreement Between the City of Dublin and Triad Dublin Gateway, L.P.” dated May 15, 2007 and recorded in the Official Records of Alameda County ("Official Records") on July 13, 2007 as document number 2007259364 (“the Agreement”), regarding that certain real property legally described in Exhibit A to the Agreement and in Exhibit A attached hereto (the “Property”). Amendments to the Agreement are permitted by the mutual consent of the Parties in accordance with Article 8 of the Agreement and by the Development Agreement Statutes; and C. On June 5, 2007, the City Council of the City of Dublin adopted Ordinance No. 14-07 approving the Agreement. The Ordinance took effect on July 5, 2007 (“the Approval Date”); and D. In 2014, Developer obtained title to the Property. E. Pursuant to Section 4.2 of the Agreement, the Term of the Agreement commenced upon the Approval Date and will continue for a period of (10) years unless otherwise terminated, extended, or modified by the terms of the Agreement; and NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, City and Developer agree as follows: Section 1. Section 4.2 of the Agreement is amended to read in its entirety as follows: 4.4.e Packet Pg. 82 At t a c h m e n t : 5 . E x h i b i t A - A m e n d m e n t N o 1 t o t h e D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement “4.2 Term. The “Term” of this Agreement, shall commence on the Effective Date and extend ten (10) years, unless said Term is otherwise terminated or modified by circumstances set forth in this Agreement. 4.2.1 Optional Extension. Prior to the termination of this Development Agreement, as provided in Section 4.2, Developer may extend the term of the Development Agreement. To do so, Developer shall give City written notice at least 90 days prior to the termination date of the Development Agreement. At the time Developer provides such notice, Developer shall make a contribution to City in the amount of Two Hundred Thousand Dollars ($200,000) for each year of extension requested under this provision . Upon receipt of the notice and the contribution, the City Manager shall approve the extension and shall notify the Developer in writing that the term of the Development Agreement has been automatically extended for an additional time period equal to the time period requested by Developer under this provision, commencing on the date the Development Agreement would otherwise have terminated; provided Develo per may exercise its option to extend the Development Agreement no more than five times, for a maximum total term of the Development Agreement of fifteen(15) years. Notwithstanding the foregoing, payment for the first year extension may be made in quarterly installments of Fifty Thousand Dollars ($50,000), due on or before July 7,2017, October 7, 2017, January 7, 2018, and April 7, 2018. During the first year extension, Developer shall have the opportunity to cure late payment, by remitting the full amount due within 10 days of City’s notice to Developer that payment is late. Failure to make payment within 10 days of City’s notice results in automatic termination of the Agreement. Section 2. Full Force and Effect. Except as specifically clarified, confirmed or modified herein, the Agreement shall continue in full force and effect according to its terms. Section 3. Defined Terms. Defined terms have the same meaning in this Amendment as in the Agreement unless otherwise specified. Section 4. Effective Date of Amendment. This Amendment shall become effective upon the date the ordinance approving t his Agreement becomes effective. Section 5. Recordation. City shall record a copy of this Amendment within ten (10) days following execution by all parties. [signature page immediately follows] 4.4.e Packet Pg. 83 At t a c h m e n t : 5 . E x h i b i t A - A m e n d m e n t N o 1 t o t h e D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN: By: _______________________ Date: _______________ Mayor ATTEST: By: _______________________ Date: _______________ Caroline Soto, City Clerk APPROVED AS TO FORM: _________________________ John Bakker, City Attorney DUBLIN GATEWAY, LLC, a California limited liability company By: ________________________ Date: _______________ Dev Mahadevan, Chief Executive Officer 4.4.e Packet Pg. 84 At t a c h m e n t : 5 . E x h i b i t A - A m e n d m e n t N o 1 t o t h e D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Dublin/Dublin Gateway, LLC Amendment No. 1 to Development Agreement Exhibit A Legal Description of the Property Parcels 3 and 4, as shown on Parcel Map 8524, filed November 23, 2005, in Book 286 of Parcel Maps, pages 38-41 in the Office of the Recorder of Alameda County, Assessor Parcel Numbers 986-0016-021 and 986-0016-022 respectively. [NOTE: LEGAL DESCRIPTION TAKEN FROM 2007 AGREEMENT. NEED TO VERIFY DETAILS AND APNS STILL ARE CORRECT.] 4.4.e Packet Pg. 85 At t a c h m e n t : 5 . E x h i b i t A - A m e n d m e n t N o 1 t o t h e D e v e l o p m e n t A g r e e m e n t ( 1 4 0 3 : D G M C D A E x t e n s i o n 2 n d R e a d i n g ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Reject All Bids for the Public Safety Complex - Police Services, Project No. GI0116 Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: On March 23, 2017, bids were publicly opened for the Public Safety Complex - Police Services Building, Project No. GI0116. The City received three bids for the project, all of which were significantly higher than the budget for construction. The City Council will consider rejecting all bids, and rebidding the project in the future. STAFF RECOMMENDATION: Adopt the Resolution Rejecting All Bids for the Public Safety Complex - Police Services Building (Project No. GI0116), and authorize Staff to re-bid the project at a later date. FINANCIAL IMPACT: The base bid plus additive alternate bids one and two (Basis of Award) submitted by the lowest bidder was $16,264,000.00 which was 42 .5% over the construction estimate of $11,412,692.00 and exceeds the budgeted amount for construction. DESCRIPTION The 2016-2021 Capital Improvement Program (CIP) includes the Public Safety Complex - Police Services Building (Project No. GI0116) with a $15 million total project budget. Of the total project budget, $11.4 million was budgeted for construction improvements. The project will provide needed expansion space for Dublin Police Services through the community’s buildout. These improvements would construct a facility that meets the essential facilities criteria in the California Building Code for both Dublin Police and the City’s Emergency Operations Center, complete with a stand -by generator. The project includes the demolition of two existing buildings, renovation of two buildings, and associated site improvements including secured parking with carports, guest parking, and an entry plaza to accommodate current and future Dublin Police Service’s needs. 4.5 Packet Pg. 86 Page 2 of 2 On March 23, 2017, the City publicly ope ned bids for the project. Three bids were received with Sausal Corporation being the apparent low bidder. The basis of award bid from the apparent low bidder is $16,264,000.00 or 42.5% over the project construction estimate. A detailed summary of the bids received is included in Attachment 1. Because of the significant variance between the budget and the bids, Staff recommends that the City Council reject all bids and authorize Staff to re-bid a revised project at a later date. Staff is working with the project design team and Dublin Police Services to evaluate the project and to determine cost saving measures to provide a facility that meets current as well as future needs and functionality. The team is evaluating all options in an effort to deliver a project that is closer to the project budget and will serve the needs of the community. If authorized by the attached Resolution, Staff would solicit bids for the revised project later this year with a planned construction start prior to the end of 2017. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report was sent to Sausal Corporation. ATTACHMENTS: 1. Bid Results 2. Resolution Rejecting All Bids for the Public Safety Complex - Police Services Building (Project No. GI0116) 4.5 Packet Pg. 87 At t a c h m e n t 1 Pu b l i c S a f e t y C o m p l e x - P o l i c e S e r v i c e s GI 0 1 1 6 Bi d D a t e : 3/ 2 3 / 2 0 1 7 2 : 0 0 P M IT E M Qt y . UN I T Un i t C o s t E x t e n s i o n U n i t C o s t E x t e n s i o n U n i t C o s t E x t e n s ion 1 1 L S $ 1 6 , 0 4 6 , 6 0 0 . 0 0 $ 1 6 , 0 4 6 , 6 0 0 . 0 0 $ 1 6 , 5 4 7 , 0 0 0 . 0 0 $ 1 6 , 5 4 7,000.00$17,220,655.00$17,220,655.00 2 1 L S $ 1 3 2 , 9 0 0 . 0 0 $ 1 3 2 , 9 0 0 . 0 0 $ 7 9 , 0 0 0 . 0 0 $ 7 9 , 0 0 0 . 0 0 $ 2 6 9 , 0 74.00$269,074.00 3 1 L S $ 8 4 , 5 0 0 . 0 0 $ 8 4 , 5 0 0 . 0 0 $ 8 6 , 0 0 0 . 0 0 $ 8 6 , 0 0 0 . 0 0 $ 1 2 3 , 0 9 7 .00$123,097.00 $1 6 , 2 6 4 , 0 0 0 . 0 0 $ 1 6 , 7 1 2 , 0 0 0 . 0 0 $ 1 7 , 6 1 2 , 8 2 6 . 0 0 4 1 L S $ 1 , 7 9 3 , 6 0 0 . 0 0 $ 1 , 7 9 3 , 6 0 0 . 0 0 $ 1 , 7 5 5 , 0 0 0 . 0 0 $ 1 , 7 5 5 , 0 0 0.00$1,728,142.00$1,728,142.00 TO T A L $1 8 , 0 5 7 , 6 0 0 . 0 0 $18,467,000.00$19,340,968.00 Pr o j e c t N a m e : Diede ConstructionVila Construction CI T Y O F D U B L I N PU B L I C W O R K S D E P A R T M E N T EN G I N E E R I N G D I V I S I O N BI D S U M M A R Y DE S C R I P T I O N Ba s e B i d Ad d A l t e r n a t e # 1 " A d d C a r p o r t s " Ad d A l t e r n a t e # 2 " E x t e n s i o n o f E m e r g e n c y P o w e r S u p p ly " Pr o j e c t N o . : Sa u s a l C o r p o r a t i o n Su b t o t a l ( B a s i s o f A w a r d ) Ad d A l t e r n a t e # 3 " P h o t o v o l t a i c ( P V ) P o w e r G e n e r a t i o n" 14.5.a Packet Pg. 88 At t a c h m e n t : 1 . B i d R e s u l t s ( 1 4 0 4 : P S C R e j e c t A l l B i d s ) RESOLUTION NO. xx - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * REJECTING ALL BIDS FOR THE PUBLIC SAFETY COMPLEX - POLICE SERVICES BUILDING (PROJECT NO. GI0116) WHEREAS, Staff prepared plans, specifications and bid documents for construction of the Public Safety Complex - Police Services Building (Project No. GI0116); and WHEREAS, in accordance with the Municipal Code, California Public Contract Code Section 20162 and other applicable laws, City Staff solicited bids for the Project; and WHEREAS, on March 23, 2017, three bids were received and publicly opened in accordance with applicable laws; and WHEREAS, the lowest bid for the Project was from Sausal Corporation for $16,264,000.00; and WHEREAS, the lowest bid received exceeds the amount of funding available for construction and staff is recommending rejecting all bids, and rebidding the project at a later date. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby rejects all bids for the Public Safety Complex - Police Services Building (Project No. GI0116). BE IT FURTHER RESOLVED that the City Council of the City of Dublin authorizes and directs Staff to rebid the project at a later date. PASSED, APPROVED AND ADOPTED this 18th day of April, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.5.b Packet Pg. 89 At t a c h m e n t : 2 . R e s o l u t i o n R e j e c t i n g A l l B i d s f o r t h e P u b l i c S a f e t y C o m p l e x - P o l i c e S e r v i c e s B u i l d i n g ( P r o j e c t N o . G I 0 1 1 6 ) [ R e v i s i o n 1 ] ( 1 4 0 4 : Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Acceptance of Work – Project No. ST5016, Tassajara Road Overlay Project Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider the acceptance of the Tassajara Road Overlay Project, (CIP No. ST5016) which provided for a rubberized asphalt concrete overlay of Tassajara Road from the I-580 off-ramp to North Dublin Ranch Drive. The project also provided for repairs of failed segments of the roadway, new traffic signal detection loops, pavement markings, and modifications to comply with the Americans with Disabilities Act (ADA) requirements. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Tassajara Road Overlay Improvements (Project No. ST5016). FINANCIAL IMPACT: None. DESCRIPTION: On June 21, 2016, the City Council awarded a contract to O’Grady Paving Inc. in the amount of $1,822,890.65 for the Tassajara Road Overlay, Project No. ST5016. This project provided for the construction of a 2” thick rubberized hot mix asphalt overlay of Tassajara Road from the I-580 off-ramp to North Dublin Ranch Road, approximately 1.2 miles. This segment of roadway sees approximately 20,000 to 40,000 vehicles a day. The project consisted of 8,151 tons of rubberized asphalt overlay, repairs to failing pavement, pavement markings; traffic signal loop detectors, and curb ramp upgrades to comply with the Americans with Disabilities Act (ADA). This project received a grant from CalRecycle for the installation of asphalt rubber concrete, which diverted nearly 18,000 California passage car tires from the landfill. The grant provided the City with funding of $10 per ton of asphalt rubber concrete for a total 4.6 Packet Pg. 90 Page 2 of 3 grant amount of $86,000. In addition to the funding opportunity, the asphalt rubber overlay provides a quieter driving surface, is more flexible, and will increase the durability of the roadway. Change orders were issued during construction to add work, in two other areas of the City requiring similar asphalt work, to the contract. The first change order included repair of approximately 100 feet of depressed asphalt on westbound Central Parkway between Persimmon Drive and Aspen Street. The second change order, approved by City Council on September 6, 2016, included repair and replacement of failing asphalt at the William J. McCammon Alameda County Fire Department Vehicle Maintenance Facility at 5777 Scarlett Court. The second change order was funded by the Maintenance Yard Facility Improvements Project No. GI0509. The final change order was for truing up of material costs at completion of the project. Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period for the Tassajara Road Overlay Project No. ST0516. The project cost summary is listed below. Remaining balances will be distributed back to its original funding source at the end of this Fiscal Year to be used for future street improvement projects. Tassajara Road Overlay Expenditure Budget Current Project Budget $2,340,288.56 Total Budget $2,340,288.56 Funding Sources General Fund (DSRSD Reimbursement) $48,888.20 State Gas Tax Fund $1,102,844.06 Measure B Sales Tax $552,556.30 Measure B Sales Tax Bike and Ped. $30,000.00 Budget Transfer In “Measure B” $187,537.00 Measure BB Sales Tax $230,000.00 Measure BB Sales Tax: Bike and Ped. Fund $200,000.00 Cal Recycle Grant $86,000.00 Noise Mitigation $90,000.00 Total Funding Sources $2,340,288.56 Actual Expenditures Construction Contract $1,822,890.65 Change Order #1 $34,484.00 Change Order #2 (5777 Scarlett Ct. Project No. GI0509) $126,385.00 Change Order #3 (Balancing) ($27,701.00) Contract Services, Design, Salary, & Testing $213,567.98 Total Expenditures Less Change Order #2 $2,042,602.25 Remaining Balance $297,046.93 4.6 Packet Pg. 91 Page 3 of 3 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Accepting the Tassajara Road Overlay Improvements (Project No. ST5016) 4.6 Packet Pg. 92 RESOLUTION NO. - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING THE TASSAJARA ROAD OVERLAY IMPROVEMENTS (PROJECT NO. ST5016) WHEREAS, on June 21, 2016, the City of Dublin entered into a contract with O’Grady Paving Inc. to perform Project No. ST5016, Tassajara Road Overlay; 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, Project No. ST5016, Tassajara Road Overlay 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 18th day of April, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk 4.6.a Packet Pg. 93 At t a c h m e n t : 1 . R e s o l u t i o n A c c e p t i n g t h e T a s s a j a r a R o a d O v e r l a y I m p r o v e m e n t s ( P r o j e c t N o . S T 5 0 1 6 ) ( 1 4 0 5 : T a s s a j a r a R o a d A c c e p t a n c e ) Page 1 of 9 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Site Development Review for 7201 Regional Street Prepared by: Robert Paley, Assistant Planner and Amy Million, Principal Planner EXECUTIVE SUMMARY: The Applicant has requested Site Development Review Permit approval for exterior changes to an existing 60,111 square foot retail building located at 7201 Regional Street that is currently occupied by CVS. The application includes a proposal to create three individual store fronts, modify the building façade, new trash enclosure in the rear of the building, repave and restripe a portion of the parking lot between the building and Regional Street, and refresh the existing landscape planters located in that same parking area. The Planning Commission denied the application at the March 14, 2017 Planning Commission meeting. Councilmember Gupta appealed the action of the Planning Commission. The City Council will hold a public hearing to consider the appeal. STAFF RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and take the following action: a) Adopt the Resolution approving a Site Development Review Permit for exterior changes to an existing 60,111 square foot retail building and associated site improvements at 7201 Regional Street; or, b) Direct the City Attorney to prepare a resolution affirming the Planning Commission’s action with or without additional conditions of approval including findings of fact, for City Council consideration no later than May 16, 2017. FINANCIAL IMPACT: None. 6.1 Packet Pg. 94 Page 2 of 9 DESCRIPTION: The project site is located at 7201 Regional Street and within a portion of a larger shopping center near the intersection of Dublin Boulevard and Regional Street as depicted in Figure 1. Access to the shopping center is provided from multiple driveways on Dublin Boulevard, Amador Valley Boulevard and Regional Street. The shopping center is comprised of nine individually owned parcels (Figure 6 below). The five-acre project site, that is the subject of this Staff Report, includes an existing 60,111 square foot retail building currently occupied by CVS, and a portion of the parking lot that serves the overall center. The project does not include improvements to a small portion of the subject property’s parking lot shown with the red hash lines in Figure 1. The subject shopping center is located within the Downtown Dublin Zoning District - Retail District. It was originally approved by Alameda County and constructed in 1972, before Dublin was incorporated as a City. The shopping center is comprised of retail and service uses including several large format tenant spaces (99 Ranch Market, CVS, Savers, and the former Sports Authority) as well as several smaller retail/service establishments, two banks, a gas station, and a recycling center. The Applicant, Browman Development Company, is requesting approval of a Site Development Review (SDR) Permit for façade modifications to their building and related site improvements which include repaving and striping a portion of their parking lot, a new trash enclosure painted a neutral color to match the building, and replanting or refreshing the existing planting areas within the portion of the parking between the building and Regional Street. The SDR Permit for this project is within the authority of the Community Development Director (DMC Chapter 8.104). On January 27, 2017, the Community Development Department issued a public notice of the intent to approve this SDR Permit. The City received comments from 17 Dublin residents as further discussed later in this Staff Report (Attachment 1). Due to the level of community interest in this project, the Community Development Director referred the application to the Planning Commission for action in accordance with DMC Chapter 8.96.020C.1. PLANNING COMMISSION ACTION: On March 14, 2017, the Planning Commission held a public hearing to consider the proposed project. Two members of the public spoke in favor of the project. The Commission’s discussion focused on the project’s consistency with the Downtown Dublin Specific Plan (DDSP) and determined that the proposed project is not consistent with the DDSP because it does not incorporate enha nced building materials, inadequate landscaping in the parking area and the lack of a pedestrian gathering space or 6.1 Packet Pg. 95 Page 3 of 9 pedestrian connectivity from the subject building to Regional Street After reviewing the Staff Report, receiving presentations from Staff and the Applicant, and receiving public comment, the Planning Commission adopted Resolution 17 -01 denying the SDR Permit. The Planning Commission Resolution 17 -01 and minutes from the March 14, 2017 meeting are included as Attachments 2 and 3 respectively. On March 22, 2017, Councilmember Gupta appealed the action of the Planning Commission (Attachment 4). APPEAL PROCESS: Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that must be followed if an action of the Planning Comm ission is appealed to the City Council. The appeal must be scheduled for a Public Hearing within 45 days of the filing of the appeal. The City Council may defer decision on the appeal at the Public Hearing but must take action within 75 days of the filing of the appeal. On March 22, 2017, Councilmember Gupta appealed the denial of the Site Development Review Permit for 7201 Regional Street by the Planning Commission. In accordance with Chapter 8.136, the City Council must hold a Public Hearing no later than May 5, 2017 and must take action no later than June 2, 2017 or the decision of the Planning Commission is deemed affirmed. Chapter 8.136 of the Zoning Ordinance states that the City Council may, by majority vote, affirm, affirm in part, or reverse the Planning Commission’s decision to deny the Project. If the City Council decides to reverse the Planning Commission’s decision to deny the Project, the City Council may adopt additional conditions of approval that address the specific subject of the appeal. The City Council’s action must be supported by findings of fact based on information before the City Council when it hears and considers the appeal. ANALYSIS: Building Design The building is currently designed for use by one single tenant. The p roposed project will create three new storefronts, shown as Tenant Spaces A, B and C on the attached project plans which are included as Exhibit A to Attachment 5. Since the Planning Commission meeting, the Applicant prepared enhanced drawings which more clearly depict the proposed façade improvements which is included as Exhibit B to Attachment 5. Tenant Space Square Feet TENANT Space A 21,469 Unknown Space B 10,000 Daiso (Retail) Space C 28,642 CVS (Retail) The exterior alterations to the front of the building include removal of the mansard roof, 6.1 Packet Pg. 96 Page 4 of 9 the canopy that covers the length of the existing frontage, and the columns that support the canopy. In addition, the low wall that runs the length of the frontage, which was originally built for a previous tenant to accommodate shopping carts, will also be removed. Removal of this feature will provide for approximately 12 feet of sidewalk/pedestrian area between the drive aisle and the building. Figure 2: Proposed Facade The Applicant is proposing a variety of architectural enhancements which will include varying the parapet heights of each storefront, adding new materials, introducing a new color pallet that will complement the other buildings in the shopping center, and will also provide articulation and depth to the building by offering protruding entryways against a recessed façade (Figure 2). These features will update and enhance the appearance of this building while also complementing the varied architecture of the surrounding buildings. Figure 3 The proposed building entryways and façade are intended to complement the recent improvements to the former Sports Authority (Figure 3) as well as relate to the other existing buildings in the shopping center. The proposed materials include a cement plaster system over the existing concrete masonry blocks with each new storefront painted a separate color. The new storefronts would be comprised of aluminum frames, windows with a clear anodized finish, and quartz grey decorative metal screens that will act as faux awnings (Attachment 5, Exhibit A, Sheet A3). The project includes unique design features while still retaining elements of the building that make it consistent with the Downtown Dublin Specific Plan as well as the other buildings within the shopping center. The façade improvements include muted tones and natural colors and at least 50% of the façade surface for each storefront consists of windows and glass doors. The new facade will also provide prominent entries with distinctive architectural features in addition to multiple materials, textures, and colors that break up the building mass. Tenant Space A will include an attached semi -circular cement plaster awning over the entryway that is approximately 72 feet long by 10 feet wide and su pported by 2 cement 6.1 Packet Pg. 97 Page 5 of 9 plaster columns that frame the doorways. The building will be painted a soft yellow tone, with white trim at the base and roof line as well as the canopy and columns. Tenant Space B will feature black and grey striped fabric awnings f raming a cement plaster entryway painted white, and the building will be painted an olive green with white trim at the roof line. Tenant Space C will be painted a muted copper color, and will include elements from each of the other storefronts, including the soft yellow tone of Tenant Space A applied to decorative cement plaster tiling and white cement plaster columns framing the entryway. Site Enhancements As previously mentioned, the Applicant proposes to remove the canopy and support columns as well as the low wall along the front of the building. The removal of these features will provide a new, wider pedestrian pathway that will improve the connection to the plaza located immediately south of the building between Aaron Brothers and Savers (Figure 4). This wider walkway will also provide better interaction between the pedestrians and the shops. The Applicant is proposing new and rehabilitated landscaping in existing parking lot planters generally located between the building and Regional Street (Figure 5). The proposed landscaping is compatible with the recent improvements to the landscaping found on the former Sports Authority property. The landscape in this portion of the parking lot is proposed to be refreshed with additional plantings (if the existing trees are healthy) or replaced with new trees, shrubs, and groundcover. Cork Oak and Zelkovia trees are proposed for the parking lot landscaping and for the planter strips within the property boundary that front onto Regional Street. These planter areas will also be refreshed with shrubs and Pink Flower Carpet Rose ground cover. The Applicant is also proposing to repave and stripe this same portion of their parking lot. Please refer to the Landscape Concept sheet (Exhibit A to Attachment 5, Sh eet L1) for additional details and further depiction of the proposed boundary for improvements. Public Comment The City received comments about the project from 17 residents. While generally supportive of the proposed façade improvements, the residents expressed a desire for the project to include pedestrian friendly improvements, including a pedestrian connection to Regional Street and a plaza or gathering space. The improvements requested by the public are consistent with the overarching goals of the Downtown Dublin Specific Plan (DDSP). The DDSP provides both development 6.1 Packet Pg. 98 Page 6 of 9 standards that must be met, and design guidelines which have more flexibility and are encouraged or discouraged rather than required or prohibited. For example, Guiding Principal 3.3.2 of the DDSP - Retail District is to “[I]dentify ways to improve/enhance non‐vehicular and vehicular circulation and connections that are pedestrian friendly, particularly in areas that contain large, expansive parking lots.” The Specific Plan further encourages the creation of pedestrian gathering places. In applying the standards of the DDSP, consideration is given to the intent of the Specific Plan, and balancing those goals with the proposed improvements, and the financial feasibility of the project. The scope of a project, location of the improvements, and the site’s context are important pieces to the puzzle. It may not be realistic or desirable to require certain improvements in every project in the Downtown. The DDSP includes policies which require developers to provide substantial community benefits, such as plazas and gathering places, with larger projects. For smaller projects, such as façade remodels, certain improvements may not be feasible, but the project may still contribute to incremental i mprovements to the Downtown. Staff worked with the applicant early in the review process to incorporate a pedestrian path directly to Regional Street. However, the applicant raised concerns about the cost of these improvements given the existing pedestrian connections to Dublin Boulevard and Amador Valley Boulevard. City Staff considered these concerns against several factors, including pedestrian access routes and the location of public transportation. The shopping center currently provides pedestrian co nnections to Dublin Boulevard and Amador Valley Boulevard. Staff has included a condition of approval requiring the applicant to repair the existing pathway connecting to Amador Valley Boulevard, ensuring that it meets current standards (Condition #33). The closest public transit stops are located on Dublin Boulevard which is served by existing pathways. As discussed earlier, the shopping center also has an existing pedestrian scale plaza located south of the subject building (Figure 4 above). The project proposes to enhance the pedestrian connection in front of the building by increasing the sidewalk width to approximately 12 feet wide. This improvement will help to activate the plaza and better facilitate greater pedestrian connectivity through the shopping center from Dublin Boulevard to Amador Valley Boulevard. The proposed small-scale project complies with the DDSP by providing incremental improvements to the Downtown such as façade enhancements, parking lot and landscape improvements and pedestrian enhancements along the front of the building provides. Therefore, Staff recommends that the City Council adopt the Resolution, included as Attachment 5, approving this SDR Permit. Additional Steps to Achieve the Specific Plan Goals City staff is actively seeking ways to implement the vision of the DDSP and address the comments expressed by the community regarding the need to 6.1 Packet Pg. 99 Page 7 of 9 create a more pedestrian friendly downtown, as well as providing gathering spaces. The following is an overview of several current and ongoing efforts: Collaboration with the Shopping Center’s Property Owners As previously mentioned, this shopping center is comprised of 9 parcels that are all individually owned (Figure 6). The configuration of the shopping center’s parcels, multiple property owners and the Covenants, Conditions and Restrictions (CC&Rs) provide a number of challenges for improvement to the center. For example the CC&Rs limit the types of uses allowed, do not allow any buildings or structures in the designated common areas/parking areas, do not allow buildings or structures within 60 feet of the perimeter of the parcels, and require 93% the owners to agree to any changes to the CC&Rs. Understanding these challenges, the City’s Economic Development and Community Development staff have been collaborating with these property owners in an effort to encourage changes that implement the vision of the DDSP as well as enhance the economic viability of the shopping center. The City’s goal is to facilitate the property owners working together to make comprehensive improvements to the site and the buildings, create a cohesive and welcoming branding effort for the shopping center and to amend the CC&Rs for such things as expanding the allowed uses and allowing pad buildings along the street frontages that could make it financially viable to include additional gathering places and pedestrian connections. 6.1 Packet Pg. 100 Page 8 of 9 City of Dublin Parks and Recreation Master Plan The City of Dublin Parks and Recreation Master Plan identifies the need for an additional public gathering place in the Downtown with the designation of a future Downtown Plaza of 0.50-0.75 acres in size. The Master Plan states that “[t]his park can provide a small public space within the 284 -acre Downtown Dublin Specific Plan area that would serve as a public gathering space in this bustling commercial and residential district. The Downtown Plaza could include benches and seating, public art, historic resources, a small performance space, or other elements that are appropriate to a small, vibrant urban space.” The location for the city-owned Downtown Plaza has not yet been determined; however, the City is actively looking for opportunities to implement the vision of the Master Plan. Downtown Dublin Streetscape Plan The Community Development Department has recently initiated a process to create a Downtown Dublin Streetscape Plan for the area. The streetscape plan will support implementation of the community’s vision as set forth in the DDSP. The focus of the streetscape plan will be to strengthen the identity of the downtown and identify improvements to enhance the pedestrian experience. Future Projects City Staff are actively working with other property owners and developers who have expressed interest to improve and/or expand their developments, to include amenities and features that will achieve the goals and intent of the DDSP. This includes looking for opportunities to create pedestrian plazas and a future City owned park plaza as described in the Parks and Recreation Master Plan . ENVIRONMENTAL REVIEW: The project is located within the Downtown Dublin Specific Plan area, which was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005. The Downtown Dublin Specific Plan Final EIR was certifi ed by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if another environmental document should be prepared . The project involves no expansion of the existing commercial building, but includes only architectural modifications and minor site enhancements. There is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists. CONSISTENCY WITH THE GENERAL PLAN AND ZONING ORDINANCE: The General Plan designation is Downtown Dublin Zonin g District - Retail District. The project has been reviewed for compliance with policies contained in the Community Design and Sustainability Element of the General Plan, including those related to building and site design, gathering and open space areas, and parking and circulation. The project is consistent with Development Regulations for this zoning district as described in Downtown Dublin Specific Plan and Dublin Municipal Code. 6.1 Packet Pg. 101 Page 9 of 9 REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District have reviewed the project and provided Conditions of Approval (Attachment 3) where appropriate to ensure that the project is established in compliance with all local ordinances and regulations. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, Public Notices of the Community Development Director’s pending action, the Planning Commission meeting and the City Council meeting were mailed to all property owners and occupants within 300-feet of the proposed project. The Public Notices were also published in the East Bay Times and posted at several locations throughout the City. A copy of this Staff Report was provided to the Applicant. Since the initial public notification period starting on January 27, 2017, the Community Development Department has received comments from 17 residents (Attachment 1). The comments focused on the desire to facilitate a more pedestrian friendly downtown, including the need for more connectivity between the public right of way and the shops located at the project site, as well as a public gathering space. ATTACHMENTS: 1. Public Comments 2. Planning Commission Resolution 17-01 3. March 14, 2017 Planning Commission Minutes 4. Councilmember Gupta Appeal Email 5. City Council Resolution Site Development Review 6. Exhibit A - Project Plans SDR 7201 Regional St (CVS) 7. Exhibit B - Additional Project Elevation 6.1 Packet Pg. 102 6.1.a Packet Pg. 103 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 104 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 105 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 106 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 107 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 108 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 109 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 110 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 111 At t a c h m e n t : 1 . 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P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 119 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 120 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 121 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 122 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 123 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 124 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 125 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.a Packet Pg. 126 At t a c h m e n t : 1 . P u b l i c C o m m e n t s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) RESOLUTION NO. 17- 01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN DENYING SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR CHANGES TO AN EXISTING 60,111 SQUARE FOOT RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS AT 7201 REGIONAL STREET (APN 941-0305-016-00) PLPA-2016-00038 WHEREAS, Vic De Melo, Vice President of Browman Development Company, Inc. Applicant) and BDC Atwater, L.P., do Browman Development Company, Inc. (Property Owner), requested Site Development Review approval to make exterior changes to the 60,111 square foot retail building and site modifications to the property at 7201 Regional Street (the Project"); and WHEREAS, the Project is located in the Downtown Dublin Specific Plan area, which permits retail uses and has a General Plan Land Use designation of Downtown Dublin— Retail District; and WHEREAS, projects that are denied are exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act; and WHEREAS, the Site Development Review (SDR) Permit for this project is with the authority of the Community Development Director and on January 27, 2017 the Community Development Department issued a public notice of the intent to approve this SDR Permit; and WHEREAS, due to the level of community interest in this project, the Community Development Director referred the application to the Planning Commission for action; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending Site Development Review approval of the project; and WHEREAS, the Planning Commission held a public hearing on said application on March 14, 2017; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is not consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: the proposed project does is not consistent with the Downtown Dublin 6.1.b Packet Pg. 127 At t a c h m e n t : 2 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 0 1 ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) Specific Plan (DDSP) pertaining to building materials, landscaping and public access. The proposed project is inconsistent with the DDSP through the singular use of stucco on the building facade, inadequate landscaping in the parking area and the lack of a pedestrian gathering space or pedestrian connectivity from the subject building to Regional Street. B. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements do not result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: the project does not incorporate enhanced building materials and is therefore not consistent with the DDSP. C. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: the project does not provide sufficient landscape and does not create an attractive parking area for the public. D. The site has not been adequately designed to ensure proper circulation for bicyclists. pedestrians and automobiles in that: while the subject shopping center currently provides pedestrian connections to Dublin Boulevard and Amador Valley Boulevard, the proposed project does not include additional enhancements to the exiting pedestrian network, which would further implement the goals and policies of the DDSP, such as a direct pedestrian connection from the subject building to Regional Street. PASSED, APPROVED AND ADOPTED this 14th day of March 2017 by the following vote: AYES: Wright, Qureshi, Mittan, Bhuthimethee, Kothari NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: fc/-- Assistant Community Development Director 2 of 2 6.1.b Packet Pg. 128 At t a c h m e n t : 2 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 0 1 ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) um c .= .j,82 r,A0- PLANNING COMMISSION MINUTES REGULAR MEETING - Tuesday, March 14, 2017 A regular meeting of the City of Dublin Planning Commission was held on Tuesday, March 14, 2017, in the City Council Chambers located at 100 Civic Plaza. Chair Mittan called the meeting to order at 7:00 p.m. 1.Call to Order Attendee Name Title Status Scott Mittan Commission Chair Present Tara Bhuthimethee Commission Vice Chair Present Amit Kothari Planning Commissioner Present Stephen Wright Planning Commissioner Present Samir Qureshi Planning Commissioner Present Pledge of Allegiance — The pledge of allegiance was recited by the Planning Commission, Staff and those present at the meeting. 2.Oral Communication - None 3. Consent Calendar RESULT: ADOPTED [UNANIMOUS] MOVER: Stephen Wright, Commissioner SECONDER: Amit Kothari, Planning Commissioner AYES: Bhuthimethee, Mittan, Kothan, Wright, Qureshi By unanimous vote, the Planning Commission took the following actions: 3.1 Approved the minutes of the February 14, 2017 Planning Commission meeting. 4.WRITTEN COMMUNICATION - NONE 5. PUBLIC HEARING 5.1. Development Agreement extension for the Dublin Gateway Medical Center project at 4084 and 4100 Dublin Boulevard (PA 06-026) Marnie Delgado, Senior Planner, presented the project as stated in the Staff Report. Chair Mittan opened the public hearing. Dev Mahadevan, Chief Executive Officer, Eden Health District, spoke in support of the project. March 14,2017 Dublin Planning Commission Minutes Page 1 of 3 6.1.c Packet Pg. 129 At t a c h m e n t : 3 . M a r c h 1 4 , 2 0 1 7 P l a n n i n g C o m m i s s i o n M i n u t e s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) Chair Mittan closed the public hearing. I RESULT: ADOPTED [UNANIMOUS] MOVER: Tara Bhuthimethee, Commission Vice Chair SECONDER: Samir Qureshi, Planning Commissioner AYES: Bhuthimethee, Mittan, Kothari, Wright, Qureshi RESOLUTION NO. 17-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLIN AND TRIAD DUBLIN GATEWAY, L.P. TO ALLOW FOR A FIVE YEAR TIME EXTENSION WITH CONDITIONS 5.2. Site Development Review for 7201 Regional Street PLPA-2016-00038 Amy Million, Principal Planner, presented the project as outlined in the Staff Report. Chair Mittan opened the public hearing. Vic De Melo, Browman Development Company, Applicant, spoke in favor of the project. He agreed to the Conditions of Approval. Aaron Drusack, Construction Manager, Browman Development Company, spoke regarding the construction of the project. John Cumbelich, real estate broker, spoke in favor of the project. Marie Marshall, resident, spoke in favor of the project. Chair Mittan closed the public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Stephen Wright, Planning Commissioner SECONDER: Tara Bhuthimethee, Commission Vice Chair AYES: Bhuthimethee, Mittan, Kothari, Wright, Qureshi RESOLUTION NO. 17- 01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN March 14,2017 Dublin Planning Commission Minutes Page 2 of 3 6.1.c Packet Pg. 130 At t a c h m e n t : 3 . M a r c h 1 4 , 2 0 1 7 P l a n n i n g C o m m i s s i o n M i n u t e s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) DENYING SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR CHANGES TO AN EXISTING 60,111 SQUARE FOOT RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS AT 7201 REGIONAL STREET 6.UNFINISHED BUSINESS - NONE 7. NEW BUSINESS - NONE 8. OTHER BUSINESS Cm. Wright spoke about the Planning Commissioners Academy. Cm. Bhuthimethee mentioned aspects of the conference that she enjoyed. 9. ADJOURNMENT The meeting was adjourned at 10:04 pm. Minutes prepared by Debra LeClair, Recording Secretary. R:spectfully submitted, Planning Commission Chair ATTEST: Jeff B ker Assistant Community Development Director I I I March 14,2017 Dublin Planning Commission Minutes Page 3 of 3 6.1.c Packet Pg. 131 At t a c h m e n t : 3 . M a r c h 1 4 , 2 0 1 7 P l a n n i n g C o m m i s s i o n M i n u t e s ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 1 Amy Million Subject:Re: Appealable Action Letter - Regional Street Facade Improvements SDR | PLPA-2016-00038 From: Abe Gupta <Abe.Gupta@dublin.ca.gov> Date: Wednesday, March 22, 2017 at 10:18 AM To: Caroline Soto <Caroline.Soto@dublin.ca.gov> Cc: Chris Foss <Chris.Foss@dublin.ca.gov>, Linda Smith <linda.smith@dublin.ca.gov>, John Bakker <jbakker@meyersnave.com> Subject: Re: Appealable Action Letter ‐ Regional Street Facade Improvements SDR | PLPA‐2016‐00038 Dear Caroline, In response the appealable action letter below, I wish to appeal this in the public interest. Thank you. Abe Gupta Abe Gupta Councilmember City of Dublin 100 Civic Plaza, Dublin, CA 94568 (925) 833-6661 | (925) 833-6651 FAX abe.gupta@dublin.ca.gov | www.dublin.ca.gov Mission Statement: The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. From: Danielle Diaz Sent: Friday, March 17, 2017 11:50 AM To: Danielle Diaz <Danielle.Diaz@dublin.ca.gov>; Debra LeClair <Debra.LeClair@dublin.ca.gov>; Linda Smith <linda.smith@dublin.ca.gov>; Gregory Shreeve <Gregory.Shreeve@dublin.ca.gov>; Tim Eisler <Tim.Eisler@dublin.ca.gov>; Lori Taylor <Lori.Taylor@dublin.ca.gov>; Darrell Jones <Darrell.Jones@dublin.ca.gov>; Taryn Gavagan Bozzo <Taryn.GavaganBozzo@dublin.ca.gov>; I‐Ping Liu <I‐Ping.Liu@dublin.ca.gov>; Chris Foss <Chris.Foss@dublin.ca.gov>; Laurie Sucgang <Laurie.Sucgang@dublin.ca.gov>; Robert Paley <Robert.Paley@dublin.ca.gov> Cc: Taryn Gavagan Bozzo <Taryn.GavaganBozzo@dublin.ca.gov> Subject: Appealable Action Letter ‐ Regional Street Facade Improvements SDR | PLPA‐2016‐00038 Good Morning, Please see the attached Appealable Action Letter for the Regional Street Façade Improvements Site Development Review. Thank you, 6.1.d Packet Pg. 132 At t a c h m e n t : 4 . C o u n c i l m e m b e r G u p t a A p p e a l E m a i l ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 2 Danielle Diaz Office Assistant II - Community Development Department City of Dublin 100 Civic Plaza, Dublin, CA 94568 (925) 833-6610 | (925) 833-6628 FAX Danielle.diaz@dublin.ca.gov | www.dublin.ca.gov Mission Statement: The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. 6.1.d Packet Pg. 133 At t a c h m e n t : 4 . C o u n c i l m e m b e r G u p t a A p p e a l E m a i l ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) RESOLUTION NO. XX-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN REVERSING PLANNING COMMISSION RESOLUTION 17-01 AND APPROVING THE SITE DEVELOPMENT REVIEW PERMIT FOR EXTERIOR CHANGES TO AN EXISTING 60,111 SQUARE FOOT RETAIL BUILDING AND ASSOCIATED SITE IMPROVEMENTS AT 7201 REGIONAL STREET (APN 941-0305-016-00) PLPA-2016-00038 WHEREAS, Vic De Melo, Vice President of Browman Development Company, Inc. (Applicant) and BDC Atwater, L.P., c/o Browman Development Company, Inc. (Property Owner), requested approval of a Site Development Review Permit to make exterior changes to the 60,111 square foot retail building and site modifications to the property at 7201 Regional Street (the “Project”); and WHEREAS, the Project is located in the Downtown Dublin Specific Plan area, which permits retail uses and has a General Plan Land Use designation of Downtown Dublin– Retail District; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts; and WHEREAS, the Downtown Dublin Specific Plan area was the subject of an Environmental Impact Report (EIR), State Clearinghouse number 20100022005, which was certified by City Council Resolution No. 08-11 dated February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15168(c)(2), the proposed project was examined to determine if any other environmental document should be prepared; and, WHEREAS, the project involves no expansion of the existing commercial building, but includes only architectural modifications and minor site enhancements and there is no substantial evidence in the record that any new effects would occur, that any new mitigation measures would be required, or that any of the conditions triggering supplemental environmental review under CEQA Guidelines section 15162 exists; and, WHEREAS, the Site Development Review (SDR) Permit for this project is with the authority of the Community Development Director and on January 27, 2017 the Community Development Department issued a public notice of the intent to approve this SDR Permit; and WHEREAS, due to the level of community interest in this project, the Community Development Director referred the application to the Planning Commission for action; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Site Development Review Permit for the project; and WHEREAS, the Planning Commission held a properly noticed public hearing on said application on March 14, 2017; and 6.1.e Packet Pg. 134 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 2 of 13 WHEREAS, the Planning Commission adopted Resolution 17 -01 denying the Site Development Review Permit; and WHEREAS, Councilmember Gupta appealed the action of the Planning Commission in the public interest; and WHEREAS, the City Council is the hearing body for the appeal of a decision by the Planning Commission; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review), with the General Plan and with any applicable Specific Plans and Design Guidelines in that: 1) the building currently exists and the project involves remodeling the existing facility to create three new storefronts; 2) the proposed architectural modifications will enhance the building by providing articulated entry features, introducing new materials to the existing building while retaining compatibility with the remaining building materials and surrounding buildings in the shopping center, and providing pedestrian amenities such as a wider walkway, improved landscaping, and bicycle parking. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the continued use of the building for retail uses meets all development standards of the Downtown Dublin – Retail District as contained in Sections 4.1 of the Downtown Dublin Specific Plan including building design and landscaping requirements; and 2) the project meets the Off-Street Parking and Loading Requirements. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed in that: 1) the proposed changes are designed to update the building (originally constructed in 1972) by introducing new materials and architectural elements while remaining aesthetically consistent with other buildings in the shopping center; and 2) the remodeled building will further attract community retail users, retain and increase sales-tax generating uses, and provide businesses to serve the local and regional community. D. The subject site is physically suitable for the type and intensity of the approved development in that: the General Plan allows retail development in the Downtown Dublin – Retail District land use designation and the proposed project is to enhance an existing retail building with façade and site improvements. 6.1.e Packet Pg. 135 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 3 of 13 E. Impacts to existing slopes and topographic features are addressed in that: the project is located on a fully developed site that is generally flat and does not involve any modification to the existing grade. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the proposed architectural modifications enhance the building by providing improved building entries and articulated entry features, introducing new materials to the existing building while retaining compatibility with the remaining building materials and surrounding buildings in the shopping center, and providing pedestrian amenities including improved landscaping and bicycle parking; 2) the plans provided by the Applicant shows building materials and colors that are compatible with the neutral, earth-tone colors of other buildings in the shopping center; and 3) the parking lot will be enhanced with new paving, stripping and landscaping which is compatible with the more recent improvements to the adjacent portion of the parking lot. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the project includes the installation of new landscape in existing planters in the parking lot, which will add visual interest as well as provide shade for vehicles ; and 2) existing perimeter landscaping within the project site along Regional Street will be improved. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) the project consists of site improvements including improved pedestrian pathways from accessible parking areas to the building, new pedestrian entry features, and a widened pedestrian pathway along the building frontage; 2) the project provides pedestrian and bicycle amenities at the base of the building including planter areas and bicycle parking; 3) the subject shopping center currently provides pedestrian connections to Dublin Boulevard and Amador Valley Boulevard; and 4) the shopping center also has an existing pedestrian scale plaza located south of the subject building which will be further activated by the proposed project and better facilitate greater pedestrian connectivity through the shopping center from Dublin Boulevard to Amador Valley Boulevard. BE IT FURTHER RESOLVED that the City Council does hereby approve a Site Development Review Permit for the project at 7201 Regional Street as shown on the Project Plans date-stamped received by Dublin Planning on March 03, 2017 and included as Exhibit A, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [CMO] City Manager’s 6.1.e Packet Pg. 136 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 4 of 13 Office, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. NO. CONDITIONS OF APPROVAL Agency When Required Source GENERAL - SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval is for the Regional Street CVS located at 7201 Regional Street, PLPA-2016-00038. This approval includes a façade remodel of the building as well as site modifications including new landscaping in the parking lot and along the Regional Street frontage, slurry seal and re-stripe of the parking lot, and the replacement of the existing walkway in front of building. This Site Development Review shall conform to the project plans submitted by FCGA Architecture dated received March 03, 2017 on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. PL On-going Planning 2. Permit Expiration. Approval of this Site Development Review Permit shall be valid for one year from the effective date. Construction shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. PL One Year After Effective Date DMC 8.96.020. D 3. Time Extension. The original approving decision-maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed before the original hearing body approves such an extension. PL Prior to Expiration Date DMC 8.96.020. E 4. Compliance. The Applicant/Property Owner shall operate this use in compliance with the PL On-going DMC 8.96.020. 6.1.e Packet Pg. 137 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 5 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. F 5. Revocation of Permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going DMC 8.96.020.I 6. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirem ents and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance Standard 7. Required Permits. Applicant/Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance DMC 8.04.080 8. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may Various Building Permit Issuance Various 6.1.e Packet Pg. 138 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source be adopted and applicable. 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going Administra tion/City Attorney 10. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts to this project. Various On-going Planning 11. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean and litter- free site. PL On-going DMC5.64 12. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Chapter 8.104 of the Zoning Ordinance. PL On-going DMC 8.104 PROJECT SPECIFIC 13. Zoning Clearance. The Applicant shall submit an application, and obtain approval, for a Zoning PL Prior to Occupancy Planning 6.1.e Packet Pg. 139 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 7 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source Clearance for the proposed indoor recreation use type (gym/fitness facility). LANDSCAPING 14. Final Landscape and Irrigation Plans. Plans shall be generally consistent with the landscape plans prepared by Gates & Associates and date stamped received on March 03, 2017, except as modified by the Conditions listed below and as required by the Community Development Director. Final Landscape and Irrigation Plans shall be prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the City Engineer and the Community Development Director for all projects with rehabilitated landscaped areas of at least 500 square feet. PL Building Permit Issuance DMC 8.72.030 & State Model Water Efficiency Landscap e Ordinance 15. Regional Street Frontage. Applicant shall replace all trees along the Regional Street frontage with new 24” box Callery Pear Trees; and, install irrigation using recycled water consistent with DSRSD master plans, standards, specifications and requirements for these trees Various Occupancy Downtown Dublin Specific Plan 16. Plant Standards. All trees shall be 24” box minimum; all shrubs shall be 5 gallon minimum; all groundcover shall be 1 gallon minimum. PL Occupancy Planning 17. Maintenance of Landscaping. All landscaping shall be maintained in accordance with the “City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement” by the Developer after City-approved installation. This maintenance shall include weeding, and the replacement of materials that die. Any proposed modifications to the landscaping on the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. PL On-going City of Dublin Standards Plant Material, Irrigation System 18. Plant Material. All plant material shall be continuously maintained including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced to the satisfaction of the Community Development Director. PL On-going Planning BUILDING - GENERAL 19. Building Codes and Ordinances. All project B Through Building 6.1.e Packet Pg. 140 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 8 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source construction shall conform to all building codes and ordinances in effect at the time of building permit. The 2016 code cycle edition shall be in effect effective January 1, 2017. Completion of Construction 20. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. B Issuance of Building Permits Building 21. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. Submit two (2) sets of calculations. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Issuance of Building Permits Building 22. Change of Occupancy Permit required. As per section 3408 of the California Building Code, a change of occupancy requires the building to meet the requirements of a new building for the proposed occupancy type. This may require upgrades to the structural systems. B Issuance of Building Permits Building 23. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold - downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Building Inspector prior to scheduling the final frame inspection. B Prior to Final Frame Inspection Building 24. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. B Through Completion Building 6.1.e Packet Pg. 141 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 9 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source 25. CAL Green Building Standards Code. The project shall incorporate the requirements of the CAL Green Building Standards Code for the new exterior lighting and automatic irrigation controllers for landscaping work. B Through Completion Building 26. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction. B Through Completion Building FIRE – GENERAL CONDITIONS 27. Fire Codes. Project shall comply with the applicable Building and Fire Codes in effect at the time of submittal of plan check and permit. F On-going Fire PUBLIC WORKS – 28. Encroachment Permits. Applicant shall obtain an Encroachment Permit from the Public Works Department for all construction work and activity in the public right-of-way of any public street. PW Prior to commencem ent of work or activity in the public right- of-way. Public Works 29. Grading/Demolition/Sitework Permit. The applicant shall apply for and obtain a Grading/Sitework Permit from the Public Works Department for all site improvement or grading work. The Grading/Sitework Permit will be based on the final set of civil plans and will not be issued until all of plan check comments have been resolved. A copy of Grading/Sitework Permit application may be found on the City’s website at: https://ca- dublin.civicplus.com/index.aspx?NID=340 The current cost of the permit is $110.00 and is due at the time of permit issuance. The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. PW Issuance of Grading/ Sitework Permit Public Works 30. Submittals. Developer will be responsible for submittals and reviews to obtain the approvals of all participating City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. PW Prior to Issuance of Grading/Site work Permit Public Works 6.1.e Packet Pg. 142 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 10 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source 31. Trash Enclosure. Applicant shall construct a new trash enclosure serving the three tenants spaces in compliance with the City’s “Solid Waste and Recycling Enclosure” ordinance. The enclosure must have sufficient space for at least one (1) bin for solid waste, a second bin of at least equal size for storing and collecting separated cardboard, and either a mixed recycling bin or cart for mixed paper, bottles and cans of sufficient size to collect mixed recycling items generated on site. Enclosures that will be used by food establishments must also allow space for a separate food waste/organics bin of sufficient size to collect food waste generated on site. PW Issuance of Grading/Site work Permit DMC 7.98.30 32. Trash Collection. Applicant shall meet with the trash collection agency during plan check review for the distance, maneuvering and pick-up requirements for trash collection. Provide documentation of results, recommendations, a nd requirements generated from this meeting and incorporate these recommendations on the plans. Contact for trash collection agency: Jesse Tieger Recycling Coordinator Amador Valley Industries Office No.: 925-479-9545 Cellphone No.: 925-580-0027 jesse@amadorvalleyindustries.com www.amadorvalleyindustries.com PW Approval of Improvement Plans Public Works 33. ADA Accessibility Requirements. The Developer shall comply with the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. 1. The reconstruction of the walkway area abutting the westerly building façade shall comply with the current ADA Standards. 2. An accessible pedestrian path of travel from the building to the new trash enclosure shall be provided. 3. The current Accessible Parking PW Issuance of Grading/Site work Permit Public Works 6.1.e Packet Pg. 143 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 11 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source signs (R99 signs) of existing accessible parking spaces do not comply with current ADA Standards per CBC 11B-502.6. Remove, replace, or add to the existing R99 signs so that the resulting sign is an R99C sign. 4. The restriping of the parking lot shall comply with the current ADA Standards per CBC 11B-502 and the city off-street parking standards found in Chapter 8.76.070 of the Municipal Code. Additionally, at plan check review, show the locations of the red curbs for the fire lanes and indicate that these be repainted red and labeled “Fire Lane” with the appropriate CVC code section in white stencil. 5. Assess and inspect the existing accessible path from Amador Valley Blvd. to the project building for compliance to current ADA standards. Reconstruct any portion thereof that does not comply with the current ADA standards. 6. If cost of upgrades required to comply with ADA accessibility standards exceeds 20% of the costs of proposed Tenant Improvements, an applicant may request an Unreasonable Hardship waiver from Building Department by completing and submitting the Unreasonable Hardship Request form that is available on the City of Dublin website Building Division Handouts page. A copy of the Unreasonable Hardship Request form can be downloaded from the link below. http://www.ci.dublin.ca.us/Docume ntCenter/View/3576 34. Slurry Seal. The Applicant shall apply slurry seal, crack seal, and full depth repairs where necessary to improve the conditions of the PW Approval of Improvement Plans and Public Works 6.1.e Packet Pg. 144 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 12 of 13 NO. CONDITIONS OF APPROVAL Agency When Required Source pavement especially at locations that are showing signs of heavy allegation or structural failure. Additionally, repair or replace damaged planter curbs, medians, and wheel stops within the property limits. Final Occupancy 35. Construction Management Plan. During the plan check process, submit a construction management plan showing any phasing proposed, vehicular and pedestrian circulation, accessibility, construction fencing, staging area, pedestrian wayfinding signs, and truck haul route in and out of the property. Obtain approval from the Planning Department for the short-term loss of use of the parking lots and provide alternative locations for parking. PW Issuance of Grading/Site work Permit Public Works 36. Bicycle Parking. Developer shall provide bicycle parking near the entrances of the establishments. A total of six (6) bicycle racks or bicycle lockers that can house two bicycles per unit shall be installed and shown on the site plans for building permits and site work permits. PW Approval of Improvement Plans Public Works 37. Erosion Control. A detailed Erosion Control Plan shall be included submitted and shall include detailed design, location, maintenance criteria of all control measures, and standard details. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. PW Approval of Improvement Plans Public Works 38. Trash Capture. The project Storm water Management Plan shall incorporate trash capture measures such as screens, filters or CDS/Vortex units to address the requirements of Provision C.10 of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP) PW Approval of Improvement Plans and Final Occupancy Public Works 39. Storm water Source Control. “No Dumping Drains to Bay” storm drain medallions per City Standard Detail CD-704 shall be placed on all public and private storm drain inlets. PW Approval of Improvement Plans and Final Occupancy Public Works PASSED, APPROVED AND ADOPTED this 18th day of April 2017 by the following vote: AYES: NOES: ABSENT: 6.1.e Packet Pg. 145 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n S i t e D e v e l o p m e n t R e v i e w ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 13 of 13 ABSTAIN: Mayor ATTEST: ________ City Clerk 6.1.e Packet Pg. 146 At t a c h m e n t : 5 . 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E x h i b i t A - P r o j e c t P l a n s S D R 7 2 0 1 R e g i o n a l S t ( C V S ) ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6/ 23/ 2016 9 16 25 AM C.\ User,\ Oskar FCGAINC\ OocumenM\ RSM_ CENTRAt_ Oskor M MI i 1, archI . cIur• O a u O O ZO m0 D 7. 13 Z D 7J nil TT__ ___ r G) s. 4, L NT C O4 OD Z 1 Z o i c A wZ r i,,f 1 w > t 11) 0 mmIll q I M , 0 1 I ill.. iv' W m rn 4 CIS m Cn< 71 Il biii w CD I o - I No I cri OD m ii al z s., H k. c 1jt 0 76] I!- 1. 1 MI T g 4 G N M MI cm < Z 44 j. l n Mir I' I---.--kilIl I I 13 - i-‹ H 11) o r—D n y 1 M Z 0 D v D7J N D N 00 x0tj (/) a, m z ° 6.1.f Packet Pg. 150 At t a c h m e n t : 6 . E x h i b i t A - P r o j e c t P l a n s S D R 7 2 0 1 R e g i o n a l S t ( C V S ) ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) e/,./ 2O% s e: SI: S. W \ Nape- eewi\ e e( esnl. KC a vroj Q\ 9. Ce. Iro+. Ce. lteY 1 0. os•\ 0. Q..: 9 CV*..' e. n.\% htiM! DG. li Qe Cu. enr\ i, 3 R.,\ KU_ CCMU.. II II I lir! m o x 73 Oil 0 z/'' t rf p . 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E x h i b i t A - P r o j e c t P l a n s S D R 7 2 0 1 R e g i o n a l S t ( C V S ) ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6/ 23/ 2016 9 16 32 AM C\ Users\ Oskor FCGAINC\ Docum. nls\ RSM_ CC9TRAL Oskor. v, ir,...., X rn C)0 0. 3z 70 O D m Imm X M W Z Z MDm i o < m mrn 0 0 0 - 0 H 01 K OD mKz D/ , A W N O Xj V rn H v rm D 0 m W N rn D z o v m O W N D CT W N 7cn M m M CD i cn c op m z m D o, * CO m * CO p * CO G) * CO CO * CO 0 O FIT v v cD co r O -• O a - O < • 0 v O v O . L7 CL CI)..., an) CL n) CD CI) `.< co v ` G Qm ` v E3 y G7 "c6 CD 3 C7 * 30 030 30 " 530 z* E3 D D D Tn o Tn o o Tn o 0 CO o a' o 7 7 Q O — ' O O aj ' O 7• ' O Cn o H CC) OD Cr) CT) CD CT) 1 -< Cl) CD Cn S Zm C/) C No U) 3J 02 J rn 7- J iv cD o CD l CD O CD 1 CD 2 y C c R n N W o M r 3 N n° oo ,_ cn o . cn n o 90 6.1.f Packet Pg. 152 At t a c h m e n t : 6 . E x h i b i t A - P r o j e c t P l a n s S D R 7 2 0 1 R e g i o n a l S t ( C V S ) ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) 6.1.g Packet Pg. 153 At t a c h m e n t : 7 . E x h i b i t B - A d d i t i o n a l P r o j e c t E l e v a t i o n ( 1 4 0 8 : 7 2 0 1 R e g i o n a l S t r e e t S D R ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 18, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Current Policies on Commissioner Absenteeism and Best Practices from Surrounding Communities Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive information on the City’s policy regarding Commissioner absenteeism and best practices from surrounding communities. STAFF RECOMMENDATION: Receive the report, and if desired, provide policy direction. FINANCIAL IMPACT: There is no financial impact to receiving this information. DESCRIPTION: At the January 10, 2017 City Council meeting, the City Council re quested information on the City’s policy regarding Commissioner absenteeism and best practices from surrounding communities. The City of Dublin has Commissions and Committees that serve as advisory bodies to the City Council. Those bodies are listed below: Heritage and Cultural Arts Commission (HCAC) Human Services Commission (HSC) Parks and Community Services Commission (PCSC) Planning Commission (PC) Senior Citizen Advisory Committee (SCAC) Youth Advisory Committee (YAC) Section 36506 of the California Government Code states that appoin ted officers, including City Commissioners, hold office at the pleasure of the City Council. 8.1 Packet Pg. 154 Page 2 of 4 Dublin’s Current Policy related to Commission/Committee Absenteeism Five of the six advisory bodies to the City Council (HCAC, HSC, PCSC, SCAC & YAC) have their own set of Bylaws and Rules of Procedure (Appendices 4-8 of Attachment 1) that are not codified in the Municipal Code, but are approved by the City Council. These advisory bodies all include a general policy for absenteeism and removal (in bold below) with the exception of the YAC. HCAC, HSC, PCSC & SCAC Bylaws and Rules of Procedure - Commission members must attend 75% of all regular and special meetings in any 12-month period. - Any member of the Commission may be removed from office with the approval of a majority of the City Council. - The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three (3) consecutive meetings. - The Commission member shall also be notified that they may be removed from the Commission. - The Secretary to the Commission shall provide the Mayor with monthly or quarterly attendance reports and an annual overview of attendance by Commission members. The sixth advisory body to the City Council, the Planning Commission, has their absenteeism policy codified in the Municipal Code in Chapter 2.12 (Appendix 2 of Attachment 1). Their policy is also general and is similar to the other advisory bodies. Planning Commission (PC) - Commissioners must attend at least 75% percent of regular and special meetings in any 12-month period. - Any Commissioner who is absent from 25% or more meetings within a 12-month period or is absent from three (3) consecutive meetings may be removed at any time during the Commissioner’s term of office by a majority of the City Council. - Removal and appointment of PC members shall be made only at a regularly scheduled meeting of the City Council. The absenteeism policy for all advisory bodies is general in nature and does not include an actual procedure for automatic removal or resignation a s seen in other communities. Best Practices from Surrounding Communities At the City Council’s direction, Staff looked into best practices from our surrounding communities, which includes the Town of Danville and the cities of Fremont, Livermore, Pleasanton, San Ramon, and Walnut Creek. To briefly summarize the findings, Danville and Fremont have language in their municipal codes for automatic vacancy/disqualification; Livermore allows for the Commission to make a request to the City Council for removal of a commissioner; Pleasanton has a procedure where the Secretary reports absences every six months to the City Manager and the Commissioner is asked to submit a response in writing to the City Council for review; San Ramon has a Policy Committee of the Ci ty Council that reviews absenteeism; and, Walnut Creek does not address it in their municipal code or their commission rules and procedures document. 8.1 Packet Pg. 155 Page 3 of 4 The following is a brief description of each policy: Town of Danville Absences are codified in the Municipal Code. If a Planning Commission member is absent without cause from three (3) successive regular meetings of the Commission, the office becomes vacant automatically. City of Fremont Absences for all advisory bodies are codified in one section of the Fremont Municipal Code (it is lumped together in one section for all advisory bodies). Consecutive Unexcused Absences. If a Member is absent with three (3) consecutive unexcused absences, he or she shall be ineligible to continue. The secretary reviews the attendance record after each meeting, and if a member becomes ineligible, the secretary will notify the Chairman and the City Clerk in writing. The City Clerk will notify the City Council. Unexcused Absences During Six-Month Period. If a Member is absent with four (4) unexcused absences during the first or last six months of a calendar year, he or she shall be automatically disqualified from continuing membership. City of Livermore Absences for all advisory bodies are codified in one section of the Munici pal code. Attendance is described in general terms and directs you to each respective advisory body Rules of Procedure. Planning Commission members may miss six (6) meetings per calendar year. A member who misses more than six meetings per year may be sub ject to removal from the Commission. The Commission may request that the City Council remove from the Commission any members who miss more than six meetings per year. The member may appeal the request for the removal to the City Council. The final decision to remove a member from the Commission rests solely with the City Council. City of Pleasanton Absences for all advisory bodies are codified in one section of the Municipal code, and it includes a list of procedures. If a Commissioner is absent from one-third of the regular meetings within a six-month period, the following procedures shall apply to termination of office as a result of absences from commission meetings: 1. At the end of each six-month period, the secretary of the commission shall report the attendance record of each member of the commission to the City Manager, who shall transmit the record to the City council. 2. The City Manager shall notify, in writing, any commissioner who has been absent from one-third or more of the regular meetings during the course of a six-month period and request that the commissioner submit, in writing, to the City Council the reasons for the absences. 8.1 Packet Pg. 156 Page 4 of 4 3. The City Council shall determine if the commissioner’s reasons for the absences were justified. If the City Council determines that the reasons for the failure of the member to attend the meetings in question were not justified, the City Council shall terminate the term of office of the commissioner and declare the office vacant. 4. If the City Council declares such office vacant, the City Clerk shall notify the commissioner that the commissioner’s term has been officially terminated. City of San Ramon Attendance is not codified in the Municipal Code. It is included in the commission bylaws. Three (3) consecutive or any five (5) regular unexcused absences in any twelve-month (12) period shall constitute a review of the commissioner’s continued appointment by the Policy Committee of the City Council. If the Policy Committee recommends the resignation of a commissioner due to absence, the resigned position will be announced publicly and filled under the appointment process. Former members may re-apply. Attendance records will be maintained by staff. City of Walnut Creek Attendance is not codified in the Municipal Code. It is part of the commission Rules and Procedures. The Rules and Procedure does not mention a procedure for absenteeism. The City Council Handbook does, however, mention that the City Council receives an attendance report for all commissioners and may remove a commissioner for excessive absences. Commission members who are unable to continue their service, for whatever reason, should submit a formal letter of resignation to the City Council. A commission member may be removed from office at any time by majority vote of the City Council. In conclusion, a review of Dublin’s neighboring communities shows a variety of methods to address the issue of Commissioner absenteeism. Following the City Council’s discussion of this matter, if the City Council wanted to codify conditions for absenteeism, Staff would return at a future City Council meeting with amendments the City’s Municipal Code and modifications to the bylaws of each Commission. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The Staff Report was provided to members of the Heritage & Cultural Arts Commission, Human Services Commission, Parks and Community Services Commission, Planning Commission, and Senior Center Advisory Committee. ATTACHMENTS: 1. Commissioner Resource Handbook 8.1 Packet Pg. 157 Revised April 2017 Commissioner Resource Handbook 8.1.a Packet Pg. 158 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook April 2017 TABLE OF CONTENTS Introduction…………………………………………………………………………...…. 1 Mission, Vision and Values………………………………………………………………. 2 Historical Background……………………………………………………………………. 3 City Government……………………………………………………………………….... 4 City Council…………………………………………………………………………….... 5 City Administration……………………………………………………………………… 6 Dublin Municipal Code…………………………………………………..………………. 11 General Plan…………………………………………………………………...…………. 11 City Commissions/Committees…………………………………………………...……… 12 Appointment to City Commissions………………………………………………………. 14 Compensation and Expenses……………………………………………………..………. 14 Meeting Attendance………………………………………………………………...……. 15 Open Meeting Requirements……………………………………………………………... 15 Meeting Procedures……………………………………………………………………… 17 Public Hearings……………………………………………………………………...…… 18 Rules of Debate………………………………………………………………………….. 20 Code of Conduct………………………………………………………………………… 23 Responsibilities of Commissioners……………………………………………………….. 24 Appendix (Appendices 1 – 11) 8.1.a Packet Pg. 159 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook April 2017 Appendix 1. Organizational Chart 2. Chapter 2.12 of the Dublin Municipal Code (Planning Commission Rules of Procedure) 3. Resolution No. 16-08 of the Planning Commission 4. Parks & Community Services Commission Bylaws and Rules of Procedure 5. Heritage & Cultural Arts Commission Bylaws and Rules of Procedure 6. Human Services Commission Bylaws and Rules of Procedure 7. Senior Center Advisory Committee Bylaws and Rules of Procedure 8. Youth Advisory Committee Bylaws and Rules of Procedure 9. Brown Act (Open Meetings Law)/ Political Reform Act (PRA) Outline 10. Administrative Policies – Drug Free Work Place 11. Administrative Policies – Harassment Prevention Policy 12. Administrative Policies – Travel Policy and Travel Expense Report 13. Robert’s Rules of Order – Motions Chart 8.1.a Packet Pg. 160 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 1 April 2017 INTRODUCTION Welcome! Thank you for volunteering your time and effort toward furthering the development and improvement of our community. Service as a Commissioner/Committee Member (herein called “Commissioner”) is a highly responsible position that provides an opportunity for genuine public service. As a Commissioner, you will find that your role requires time, effort and some lengthy evening meetings. However, it also provides an opportunity for you to help shape the future of the City of Dublin. Commissioners play an important role by being visible in the community and bringing a broad representation of ideas into the process. As a Commissioner, you are essential in the development of policies and services which reflect the needs and values of our community. In carrying out your responsibilities, you will work closely with your fellow Commissioners, the City Council and City Staff. In addition to Commissions/Committees created by Resolution or City Ordinance, the City Council regularly establishes ad hoc committees, task forces and boards, which are designated to address specific issues and/or programs. This handbook is intended to provide you with background information on the City of Dublin and its government and introduce you to your role as a Commissioner. This handbook reviews the history, government and administrative organization (see Attachment 1, Organizational Chart) of the City and provides general operating guidelines for all Commissioners. A detailed description of each Commission an d Advisory Committee, as established by the City Council and general information relative to meeting procedures and conduct are also included. 8.1.a Packet Pg. 161 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 2 April 2017 MISSION, VISION & VALUES In April 2004, the City Council adopted Dublin’s Mission, Vision and Values S tatements as part of the City’s 10-Year Strategic Plan. The Plan was updated in 2013-2014. These statements are intended to serve as guidance for the City Council and Commissions/Committees in their deliberations on various proposals presented to them to ensure that our developing community is happy, healthy and well-balanced. Ten-Year Strategic Plan Adopted Fiscal Year 2013-204 Mission The City of Dublin promotes and supports a high quality of life which ensures a safe and secure environment that 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 educated community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and support environmental stewardship and sustainability through the preservation of our natural surroundings. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities, and programs. Values Our Values in Building Community Promote locations and events that bring people of all ages together. Provide more venues for family-based activities. Foster heritage and cultural development. Our Values in Ensuring a Safe Community Provide high quality police and fire services to insure the safety of the citizens living in the community. Provide education and training to residents and businesses that would promote public safety. Our Values in Guiding Development Assure that development contributes positively to the City’s fiscal health. Support pedestrian-friendly development, transit-oriented development, green building and environmental responsiveness. Promote high quality design and architectural standards in private development and in all public facilities. 8.1.a Packet Pg. 162 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 3 April 2017 Develop transportation systems that facilitate ease of movement throughout the City. Our Values in Governing Commit to openness and responsiveness to the public and community. Operate at all times with honesty and integrity. Exercise fairness in consideration of issues. Provide a high level of customer service and responsiveness from City staff to citizens. Embrace technology to improve effectiveness and efficiency. Strive to build an informed community through communication. Our Values in Relating to Other Communities and Entities Encourage collaboration and communication with other communities on issues of mutual concern. Encourage public and private partnerships of mutual benefit. STRATEGIES 1. Pursue economic development initiatives that attract new businesses while strengthening existing businesses. 2. Continue to strengthen the identity and aesthetic appeal of the downtown. 3. Create a community that supports environmental sustainability and provides an open space network that ensures environmental protection and provides public access where appropriate. 4. Develop dynamic and unique community recreational and cultural opportunities in the region. 5. Identify new and/or enhanced opportunities for community promotion, marketing, engagement, and outreach. HISTORICAL BACKGROUND Dublin has long been known as the "crossroads" of the Bay Area. Dublin sits at the crossroads of two major freeways: I-580 and I-680. However, the significance of the "crossroads" dates back over two hundred years when Dublin served as the crossroads of two important stage routes - one from the Bay Area to Stockton and the other from Martinez to San Jose. The Alamilla Spring, located in the Dublin area, provided a place for travelers to change horses and freshen up before continuing their journey. Dublin has a rich history dating back to 1772 when Pedro Fages led an expedition of 16 mounted men on a journey in search of a land route to Drake's Bay which at that time was called San Francisco Bay. Their return journey brought them through the Amador Valley. It was not until approximately 1822 when building began in the area. Jose Maria Amador had been paid in land for his years of service as a Mexican soldier and as administrator of Mission San Jose. He received a land grant of 16,517 acres in the Amador-Livermore Valley. He built several adobe homes and many small buildings that were used as shops 8.1.a Packet Pg. 163 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 4 April 2017 where his Indian workers made soap, blankets, shoes, farm tools, etc., for use on his rancho. In 1852 Michael Murray and Jeremiah Fallon came to this area from Ireland. They purchased 1,000 acres of land from Jose Amador and built homes for their families. The area began to grow as many settled in the area. In 1853 Alameda County was created from parts of Contra Costa and Santa Clara counties. Both Murray and Fallon served on the Alameda County Board of Supervisors. Townships were established the next year and Murray's name was chosen for this area. By 1877 the first schoolhouse in the Amador-Livermore Valley, along with a church, two hotels, Green's Store, a wagon and blacksmith shop, and a shoemaker’s shop were constructed in Dublin. The Murray Schoolhouse, Green's Store, St. Raymond's Church and the old pioneer cemetery (where members of the Donner Party Expedition are buried) have been preserved and are now located on Donlon Way. Mail was deli vered to the Dougherty Station Hotel. Thus, the area became known as Dougherty's Station. Subsequently, the area became known as Dublin and in 1982 the City incorporated. Since incorporation, the rapidly expanding Tri-Valley area has become renowned as a place of prosperity, a center for internationally acclaimed business parks and home to some of the world's largest corporations. The City of Dublin, located at the crossroads of the Tri-Valley, has contributed to the planned growth and forward thinking of the area. The City continues to look ahead to expand and enhance the quality of life for members of the community. CITY GOVERNMENT The City of Dublin is a General Law City operating under a City Council–Manager form of local government, which combines the political leadership of an elected Mayor and City Council, with the strong professional experience of an appointed City Manager. City Council elections are nonpartisan. The Mayor and City Council, as a collegial body, are responsible for setting po licy, setting/prioritizing goals and objectives, and approving the budget. The Mayor, with confirmation by the City Council, makes recommendations for appointment to the City's Advisory Commissions and Committees. The majority of California cities, including Dublin, operate under the City Council– Manager form of government. The City Council appoints the City Manager, who is responsible for the day-to-day administrative operation of the City, including preparation of the budget, delivery of services, hiring of personnel, enforcement of laws, and implementation of capital projects. 8.1.a Packet Pg. 164 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 5 April 2017 CITY COUNCIL The City Council acts as the governing body of the City with all the regulatory and corporate powers of a municipal corporation provided under California State Law . In general, the City Council supervises the operations of the City government by establishing policies and programs and appropriating funds for each service function. The City Council is the policy-making body of the City and is held responsible for implementation of all programs and services provided by the City. The City Council adopts all ordinances and resolutions, and approves contracts, reviews proposals for community needs, initiates actions for new programs and determines the level of funding for City services and facilities. Each year the City Council approves an Annual Operating Budget and a Five-Year Capital Improvement Program (CIP), which establishes program expenditures and revenues on a yearly basis. The final adoption of the budget occurs after the holding of a public hearing for the purpose of receiving public comment on City programs and expenditures. Elections General Municipal Elections are held in November of even numbered years. The City Council consists of four elected City Councilmembers and one elected Mayor. Members of the City Council are elected “at large” to serve the entire community rather than by district. The Mayor is directly elected to a two-year term and the four City Councilmembers are elected to four-year staggered terms. In November of 1996, voters in Dublin established term limits, which state generally that no one may serve more than eight consecutive years in any combination of positions on the City Council. Anyone who is 18 years of age, and who is a resident and registered voter in Dublin, may run for a seat on the City Council. City Council Meetings The Dublin City Council conducts public meetings on matters of public interest on the first and third Tuesday of each month. City Council meetings are held in the Council Chamber located at 100 Civic Plaza. The meetings begin at 7:00 p.m., and public participation is welcomed. Special meetings or study sessions may also be called from time-to-time, and generally deal with specific topics. All meetings are open to the public, and residents are encouraged to attend and provide input to their elected officials. Regular meetings are video cast live on Community Television (Channel 28) or can be viewed on the City’s website, www.dublin.ca.gov, by using the Video On Demand feature. Agendas are generally available on the Thursday prior to a Tuesday meeting and list all items of business to be presented to, and acted upon, by the City Council. Agendas are 8.1.a Packet Pg. 165 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 6 April 2017 posted in the kiosk in front of the Civic Center (100 Civic Plaza), at the Dublin Public Library (200 Civic Plaza), at the Dublin Senior Center (7600 Amador Valley Boulevard), and on the City’s website www.dublin.ca.gov. Anyone may come to the City Clerk's Office (100 Civic Plaza, 2nd Floor) and pick up a free copy of the agenda, or request to be placed on a free email notification list. Packets containing backup documentation and Staff Reports related to each agenda item are available for review prior to a meeting in the City Clerk's Office, at the Dublin Public Library, and on the City’s website. A Citizen's Information Binder is also available at each City Council meeting. Minutes of City Council meetings are generally presented to the City Council for approval at a subsequent meeting. Once approved by the City Council, they are available for distribution upon request for a minimal copy charge or they may be viewed on the City’s website. The City Clerk maintains a historical index of all legislative actions taken by the City Council. CITY ADMINISTRATION The City of Dublin is continually striving to enhance the services provided to our customers. The City organization is committed to creating a challenging and rewarding environment in which all employees representing the City are motivated to respond to the needs of the City's customers. City Administration is divided into eight departments which provide service to the entire community. A summary of each department follows: City Manager’s Office Appointed by the City Council, the City Manager is responsible for supervising and coordinating the work of Department Heads and other employees, who help ensure the smooth and efficient delivery of services. The City Manager is responsible for the day- to-day operations of the City, as well as: Works with elected officials as they develop policies. Ensures that laws and policies approved by elected officials are equitably enforced throughout the City. Seeks feedback from residents and members of the business community to address and solve problems. Contact Information Mayor & City Council (925) 833-6650 City Manager (925) 833-6650 City Clerk (925) 833-6650 General Information (925) 833-6600 Website www.dublin.ca.gov 8.1.a Packet Pg. 166 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 7 April 2017 Prepares the annual budget and 5-Year Capital Improvement Program, submits it to elected officials for approval, and implements it once approved. Oversees and implements the annual Strategic Plan, which includes a joint City Council/Commission Workshop regarding the Plan. Oversees all City contracts. Investigates citizen complaints and problems within the administrative organization and recommends changes to elected officials. Liaisons with other government agencies and special districts to ensure smooth coordination of regional services. Responsible for appointment of all City personnel. City Clerk’s Division: The City Clerk prepares agendas for public meetings of the City Council, attends the City Council meetings, records in the minutes all actions taken by the City Council, and ensures that meetings are conducted in accordance with the Brown Act, also known as the Open Meeting Law. The City Clerk acts as a liaison between the community and its elected officials, and is responsible for maintaining the official records of the City. This position also administers local elections, maintains conflict of interest and financial disclosure records submitted by public officials, advertises and coordinates appointments to the City's Commissions and Committees, maintains custody of and affixes the City Seal to legal documents, and administers the Oath of Office to newly elected City Councilmembers and appointed Commissioners. Central Services/Human Resources/Risk Management Division: City Human Resources & Risk Management is a Division within the City Manager’s Office. The City’s Human Resources Director manages the following internal service program areas: City Human Resources (City Health & Welfare Benefits, Workers’ Compensation, Recruitment, & Employee Training), City Labor Relations, City Safety Program, City Risk Management (City Claims & Insurance) and other special projects. Economic Development Division: The Economic Development Division implements the economic development goals of the City. Services include: business retention and expansion assistance, business recruitment, site selection assistance, and access to labor force data. The goal of these efforts is to market the City’s many economic advantages in order to enhance the competitiveness of our local economy and to maintain a strong and diverse revenue and job base. Public Information activities include the issuance of City press releases, management of the City website content and information, as well as social media outreach. City Attorney’s Office The City Attorney is appointed by the City Council, and provides legal counsel to the City Council, Commissions and various departments. The City Attorney is retained by contract. Commission members work with the City Attorney through their Staff Liaison or the City Manager. The City of Dublin has contracted with Meyers, Nave, Riback, Silver and Wilson, Professional Law Corporation, since Dublin’s incorporation in 1982. 8.1.a Packet Pg. 167 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 8 April 2017 Administrative Services The Administrative Services Department consists of two operating divisions which provide support to the entire organization. Finance Division: The Finance Division performs all finance related functions including: accounts payable, accounts receivable, treasury, payroll, purchasing, management of the collection of development related fees, and maintenance of other related City financial records. This Division also provides support to the City Manager on various administrative projects including the development and preparation of the City’s Operating and Capital Improvement Program budgets. Information Services Division: The Information Services Division oversees the operation and maintenance of the City's computer equipment as well as network systems. This includes the provision of both data and telephone networks at the Civic Center as well as other City facilities. The division assists operating departments with technical expertise related to specialized department software. Support is provided by this division for the development of maps and operation of the Geographic Information System. Community Development Department The Community Development Department is made up of three divisions: Building & Safety, Housing, and Planning Services. Building & Safety Division: This Division is primarily responsible for ensuring that private and City-owned buildings are properly constructed and safe for occupancy. Headed by the Chief Building Official, this Division is staffed with licensed and certified professionals who work in cooperation with the Public Works and Fire Departments. The Chief Building Official also serves as the City of Dublin Flood Plain Administrator in cooperation with FEMA. Housing Division: This Division is responsible for implementing the Below Market Rate Housing Program, Inclusionary Zoning Ordinance, and the creation of new affordable housing. These efforts ensure that housing choices are available for all Dublin residents and public services are in reach for those in need. The Division is headed by the Community Development Director with an experienced program professional and staff support. Planning Services Division: The Assistant Community Development Director manages the Planning Services Division, which is responsible for land planning, zoning and development review, and code enforcement. The Division is responsible for implementing the Dublin General Plan and is lead Staff to the Planning Commission. The Division includes experienced city planners and program professionals, code enforcement officers, and support personnel. 8.1.a Packet Pg. 168 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 9 April 2017 Public Works Department The Public Works Department performs and/or oversees Engineering, Capital Project Construction, Public and Private Project Plan Checking and Inspection, and Maintenance activities for the City. The Department consists of four divisions: Engineering, Parks & Facilities Development, Maintenance and Environmental Services. Engineering Division: The Engineering Division is responsible for the design and construction of Capital Improvement Projects. These projects may be street-related such as road widening or paving. The Engineering Division also provides plan checking and inspection services for private development projects such as residential subdivisions or commercial developments. Traffic engineering services include the design and implementation of traffic control devices on major streets and in neighborhoods, review of traffic impacts created by new development, and roadway planning. Parks and Facilities Development Division: The Parks and Facilities Development Division is responsible for the planning, design and construction of new City parks and community facilities. Additionally the Division manages a variety of improvement projects for the City’s existing parks and buildings. Maintenance Division: The Maintenance Division is responsible for maintenance of City streets, parks and public buildings. Environmental Services Division: The City’s Environmental Services Division develops, implements and monitors programs to manage natural resources and hazardous materials. The Environmental Services Division also promotes conservation efforts, including energy conservation and water conservation. Additionally, the Environmental Services Division administers and enforces many environmental regulations and programs, including the Clean Water Program and Solid Waste program for the City. Parks and Community Services Department The Parks and Community Services Department is made up of three divisions: Business Services, Parks and Recreation and Heritage and Cultural Arts. Business Services Division: The Business Services Division is responsible for Communications, marketing, budget, human resources for part-time employees, contract administration, technology, and provides administrative support to the Department. In addition, the Division operates department administration of the registration and facility reservation system, and publication of the seasonal Activity Guides for the community. The division also provides support to Human Services function for social service related activities and provides staff support to the Human Services Commission. Parks and Recreation Division: The Parks and Recreation Division is responsible for planning and implementing a comprehensive program of recreational opportunities 8.1.a Packet Pg. 169 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 10 April 2017 for all ages. Programming includes family services, preschool programs, recreational and leisure activities, teen programs, senior programs, sports and aquatics, community facility operations and special events. The Division is responsible for the management of the Shannon Community Center, the Dublin Senior Center, and the Dublin Swim Center. Additionally, the Division schedules the use of the Dublin Heritage Park and Museums, Dublin Sports Grounds, Emerald Glen Park, Ted Fairfield Park, Fallon Sports Park and the Frank Stager Community Gymnasium. Heritage and Cultural Arts Division: The Heritage and Cultural Arts Division coordinate programs, projects and facilities relating to historical preservation, art and culture within the community. The Heritage and Cultural Arts Division encourages programs and methods that support creative activities to the highest standards, as well as increase public understanding, appreciation and enjoyment of a variety of art forms. The Heritage and Cultural Arts Division also strives to preserve Dublin’s History through our museums, artifacts, historical programs and to educate our youth through tours and living history programs. Additionally, the Division ensures the historical preservation of the Dublin Heritage Park and Museums. Police Services Police Services for the City of Dublin are performed under contract with the Alameda County Sheriff’s Office. Patrol, traffic enforcement, criminal investigation, crime prevention and business office functions are performed at the Civic Center location. Dispatch and some data processing functions are handled at the Sheriff's Office facilities in Oakland and San Leandro. In addition to Sheriff's Office personnel, several full-time City employees assist with administrative functions. Fire Services Fire Services in the City of Dublin are comprised of four divisions: Fire Opera tions, Fire Prevention, Fire Station Maintenance, and Dougherty Regional Fire Authority (DRFA). Fire operation services are provided under a contract with the Alameda County Fire Department (ACFD). The department personnel provide fire suppression, advance life support emergency medical response, special operations response, hazardous materials responses and fire prevention services to the City of Dublin. Suppression and prevention personnel are assigned to provide service from one of the three fire stations and/or the fire prevention office located in Dublin. One engine company is located at Dublin Fire Station No. 16 (7494 Donohue Drive), one engine company and one truck company is located at Fire Station No. 17 (6200 Madigan Road), and one engine company is located at Fire Station 18 (4800 Fallon Road). The Fire Prevention Bureau reviews plans to ensure they comply with applicable codes and regulations. Additionally, fire prevention staff conducts periodic inspections of facilities to ensure that business operations are conducted in a safe manner and are consistent with fire conditions of approval. 8.1.a Packet Pg. 170 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 11 April 2017 DUBLIN MUNICIPAL CODE The Dublin Municipal Code sets forth the regulatory, penal and administrative laws of general application to the City pursuant to the authority granted in the California State Government Code for general law cities. Amendments to the Dublin Municipal Code can only be made through the adoption of an Ordinance by the City Council. The Dublin Municipal Code is generally updated several times a year, as necessary. The entire Municipal Code is available on the City’s website (www.dublin.ca.gov). GENERAL PLAN The Dublin General Plan (provided under separate cover to Planning Commissioners and available upon request to other Commissioners) is the official document used by decision makers and citizens to guide and interpret the City’s long-range plans for development of land and conservation of resources. Each city and county in California is required by State law to adopt a General Plan documenting its intentions for future development and conservation. The General Plan must contain a land use map, adopted policies and supporting information adequate to make informed decisions concerning future change in the community. The General Plan is broad and flexible enough to allow for future change, but specific enough to inform citizens and decision makers of the City’s policy regarding the future use of individual properties. The General Plan identifies methods for improving public facilities and services to meet community needs and establishes a framework within which zoning, subdivision and other government regulations are implemented. The General Plan provides a long-term perspective including projections for accommodating growth based on the most current available information. The General Plan is written in a manner which guides local decision-making and is available to all those concerned with the future of the community. The Dublin General Plan meets all requirements for general plans stipulated by State laws including the seven mandatory elements: land use, circulation, housing, public safety, conservation, open space and noise. The General Plan also includes optional public facilities, air quality, economic development and community design and sustainability elements. The General Plan is structured to facilitate access to information concerning the community. It documents existing conditions and projects future trends. It explains City policy and offers specific programs to alleviate potential problems. It serves as a reference document to help locate information from diverse sources. Finally, it provides a concise guide to making decisions about the future of Dublin. 8.1.a Packet Pg. 171 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 12 April 2017 CITY COMMISSIONS/COMMITTEES Planning Commission The Planning Commission is an advisory body to the City Council. The Commission conducts public meetings at 7:00 p.m. on the second and fourth Tuesday of each month in the City Council Chamber located at 100 Civic Plaza. Occasionally, meetings are canceled, or special meetings called, as necessary. The Commission is made up of five members of the community who serve four-year staggered terms. The duties and powers of the Planning Commission are spelled out in Chapter 2.12 of the Dublin Municipal Code and Rules for Conducting Planning Commission Meetings Resolution 16- 08 (Attachment 2) and include the responsibility: To recommend for adoption by the City Council a comprehensive long-term General Plan for the physical development of the City, and of any land outside its boundaries which, in the Planning Commission’s judgment, bears relations to its planning; To recommend for adoption by the City Council specific plans based on the General Plan and drafts of such regulation, programs and legislation as may, in its judgment, be required for the systematic execution of the General Plan; To annually review the Capital Improvement Program of the City for its conformity with the General Plan; To recommend for adoption by the City Council a Zoning Ordinance and amendments thereto, and to perform such other duties in reference to planning and zoning and land use matters as may be required by the Council; and To approve planning permits such as conditional use permits, variances and site development review applications as required by, and consistent with the General Plan and the City Zoning Ordinance. Parks and Community Services Commission The Parks and Community Services Commission acts in an advisory capacity to the City Council with regard to City facilities, parks, and recreational activities and programs. The duties and powers of the Parks and Community Services Commission are spelled out in its adopted Bylaws (Attachment 3). The Commission conducts public meetings on the third Monday evening of each month at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of five members of the community who serve four-year staggered terms and one student representative who serves a one-year term. 8.1.a Packet Pg. 172 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 13 April 2017 Heritage and Cultural Arts Commission The Heritage and Cultural Arts Commission acts in an advisory capacity to the City Council with regard to historical, cultural and artistic matters by generating public input concerning the arts; and reviewing art proposals. The Heritage and Cultural Arts Commission may also review and make recommendations on arts programs, facilities, and the Heritage and Cultural Arts long range plan for the community. The duties and powers of the Heritage and Cultural Arts Commission are spelled out in its adopted Bylaws (Attachment 4). The Commission conducts public meetings on the second Thursday evening of each month at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of seven members of the community who serve four-year staggered terms. Human Services Commission The Human Services Commission acts in an advisory capacity to the City Council with regard to outreach, education, and collaboration with others to address the community’s human service needs. The Commission meets the fourth Thursday of January, April, July, and October, at 7:00 p.m. in the City Council Chamber located at 100 Civic Plaza. This Commission is made up of five members of the community who serve four-year staggered terms. The duties of the Commission are outlined in their adopted by-laws (Attachment 5). Senior Center Advisory Committee The Senior Center Advisory Committee consists of five members who serve four-year staggered terms. This Committee makes recommendations related to the operation and maintenance of an effective and efficient Senior Center for the citizens of Dublin. The duties and powers of this Committee are spelled out in its adopted Bylaws (Attachment 6). Meetings are held on the first Thursday of each month at 9:30 a.m. at the Dublin Senior Center located at 7600 Amador Valley Boulevard. Youth Advisory Committee The Youth Advisory Committee is charged with the purpose of providing input on youth services, assisting with implementation and promotion of youth activities and addressing issues that affect youth in the Community. The duties and powers of this Committee are spelled out in its adopted Bylaws (Attachment 7). This Committee is composed of a minimum of nine and a maximum of 13 youth members and three alternates. Additionally, there are four non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce and the At-Large Community. The term of office is one year, commencing June 1st and terminating on the following May 31st (or until their successors are appointed). Meetings are held on the fourth Wednesday evening of each month at 7:30 p.m. at the Dublin Senior Center located at 7600 Amador Valley Boulevard. 8.1.a Packet Pg. 173 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 14 April 2017 APPOINTMENT TO CITY COMMISSIONS The Mayor recommends all appointments to City Commissions, Committees and Task Forces, subject to confirmation by a majority vote of the City Council. Commission/Committee members are eligible to serve a maximum of eight (8) consecutive years with two (2) four-year terms. Exceptions to this rule would be the Student Representative on the Parks and Community Services Commission (one-year term) and Youth Advisory Committee members (may be reappointed annually with no term limit). A staggered term arrangement is set up so that following Dublin’s General Municipal Elections (which are held in November of even numbered years) terms expire on each of the Commissions. This allows new members to join an already functioning Commission, which provides for continuity. If a vacancy occurs, other than by expiration of a term, it shall be filled for the unexpired portion of the term by Mayoral recommendation with City Council confirmation. COMPENSATION AND EXPENSES Planning Commission members are paid $50 for each meeting attended, to a maximum of three meetings in a calendar month. Planning Commissioners are also entitled to reimbursement of expenses, as the City Council may approve. Parks and Community Service Commission members, Heritage and Cultural Arts Commission members, and Human Services Commission members are paid $50 for each meeting attended to a maximum of two meetings in a calendar month. These Commissioners are also entitled to reimbursement of expenses, as the City Council may approve. No Commission member is considered to be a City employee by virtue of payment of meeting attendance stipends. In order to efficiently handle the payment of stipends, Commission members are encouraged to complete a form which will allow direct deposit of these payments. Payments are made on the second pay period of the month for all compensable meetings attended in the previous month. Those on Direct Deposit receive an electronic e-mail Notice of the amount deposited. Senior Center Advisory Committee members and Youth Advisory Committee members receive no monetary compensation for their service to the community, although they are entitled to reimbursement of expenses, as the City Council may approve. 8.1.a Packet Pg. 174 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 15 April 2017 MEETING ATTENDANCE Every member of a Commission or Advisory Committee is required to regularly attend the scheduled meetings of their particular Commission or Committee. The meeting attendance and maintenance of membership guidelines are set forth in various sections of the Dublin Municipal Code or individual Commission Bylaws, which are included as attachments in this handbook. In general, the Municipal Code and/or Commission/Committee Bylaws for the Planning Commission, Parks and Community Services Commission, Heritage and Cultural Arts Commission, Human Services Commission, Senior Center Advisory Committee, and Youth Advisory Committee state that: No person shall serve on a Commission/Committee for more than two consecutive four-year terms. A person shall be considered to have served a “term” of office if such person has served for two years plus one day. A Commission/Committee member must attend 75% of Regular and Special meetings in a 12-month period. In addition, they could be notified that the possibility of removal exists after three consecutive absences, from regular and special meetings. A Commission/Committee member may be removed from office by the Mayor, with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. OPEN MEETING REQUIREMENTS Purpose: Open meeting laws represent the State Legislature’s determination of how the balance should be struck between public access to the activities of a public body and the need for candid discussion, debate, and information gathering not open to the public. The balance has been struck in favor of public access and limitations on this access have been construed narrowly. The Ralph M. Brown Act, also known as the Open Meeting Law, was first enacted in 1953. In a nutshell, it requires local government business to be conducted in open and public meetings. The Brown Act is based upon state policy that the people must be informed so they can keep control over their government. Who is Covered: “Legislative bodies” are the basic local governmental unit subject to the Brown Act. A “legislative body” includes a commission or committee, whether the commission or committee is decision-making or advisory. Even subcommittees which are less than a quorum of the commission are subject to the Brown Act if the 8.1.a Packet Pg. 175 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 16 April 2017 subcommittee is a “standing” committee, i.e., one which has continuing subject matter jurisdiction. Public Meetings: The Brown Act (Attachment 7) requires that most meetings shall be open to the public. A meeting, generally, occurs when a majority of the legislative body gathers at the same time and in the same place to hear, discuss or deliberate upon anything that is within the subject matter jurisdiction of the legislative body or city. In order to be lawful, a meeting must be noticed, have an agenda, and other procedural rules must be followed. Commissions/Committees must be careful about “serial meetings.” These are meetings by which a majority of the legislative body uses any direct communication or technological device, such as telephone, fax, email, cellular phone, text, etc., to develop collective concurrence on actions to be taken. These types of meetings are by definition unlawful because there is no way to notice such meetings or to provide for public participation. A majority of the legislative body, however, may attend a purely social gathering or attend conferences or seminars without running afoul of the Brown Act, as long as a majority does not discuss among themselves City business of a specific nature. Finally, a legislative body can meet in closed session for certain express purposes such as litigation, labor or property negotiations. Those exceptions, however, will rarely apply to commissions or committees. Private Meetings: Persons with development applications or other matters pending before a Commission may approach individual Commissioners. Whether to meet privately with such persons is always a difficult decision for a Commissioner to make. To help make that decision, Commission members should remember the following points: The public’s business should be discussed in public whenever possible. City Staff can advise you regarding the legality and/or propriety of private meetings. The Commission will make better decisions when all members have access to the same information. You should inform the full Commission at the public meeting when you have held a private meeting. Penalties: There are civil remedies and criminal misdemeanor penalties for Brown Act violations. The civic remedies include injunctions against further violations, orders nullifying any unlawful action, and orders determining the validity of any rule to penalize or discourage the expression of a member of the legislative body. Criminal penalties will result if a person is found guilty of a wrongful intent to deprive the public of information to which it is entitled under the Brown Act. 8.1.a Packet Pg. 176 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 17 April 2017 Certainly the best way to avoid these types of penalties is to conduct the Commission’s meetings in public, keep to matters on the agenda, and check with the City Clerk if you have any questions or doubts about whether an act may run afoul of the Brown Act. MEETING PROCEDURES Call to Order: The chairperson or vice chairperson shall call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by a Commissioner and those Commission members present shall proceed to elect a temporary presiding officer. Preservation of Order: The presiding officer shall preserve order and decorum, shall prevent verbal attacks on Commission members, staff and/or citizens, and shall confine debate to the item under discussion. The Commission, however, shall not prohibit public criticism of the policies, procedures, programs, or services of the age ncy, or of the acts or omissions of the Commission. Commission members shall not delay or interrupt the proceedings nor disturb another Commission member while speaking. Disorderly Conduct: Any person whose conduct disrupts a meeting or its orderly consideration of the public’s business may be barred from the meeting by the presiding officer, unless permission to continue is granted by a majority vote of the Commission. Point of Order: The purpose of a point of order is to correct a breach in the rules when the presiding officer does not correct it, or when the presiding officer makes a breach of the rules. It does not need a second, can interrupt a speaker, and is ruled upon by the Chair. If a member does not agree with the Chair’s ruling, the mem ber can appeal from the decision of the Chair. Motion to be Stated: The presiding officer shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any member. Actions Limited to Posted Agenda Items/Matters too Late for the Agenda: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Commission determines by majority vote that an emergency situation exists, as defined in GC Section 54956.5; 2) the Commission determines by a two-thirds vote (i.e., 4/5 vote for a five-member Commission or 5/7 vote for a seven-member Commission), or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which action is being taken. Public Comment: Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the Commission on any item of interest to the public, before or during the Commission’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that there be no 8.1.a Packet Pg. 177 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 18 April 2017 discussion nor action taken on any item not appearing on the agenda unless the action is otherwise authorized by CG Section 54954.2(b). Citizens desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. PUBLIC HEARINGS Commencement: Noticed public hearings shall commence at the time specified in the notice of hearing, or as soon thereafter as is reasonably possible, and shall continue until completed, unless continued to another meeting date. Any public hearing may be continued to a subsequent meeting by majority vote of the Commission. Hearing Procedures: The presiding officer shall announce the subject of the public hearing and declare the public hearing open. If necessary to assure completion of the public hearing, the presiding officer may establish time limits for the presentations by individual speakers. To assure due process to all interested parties, the public hearing shall be conducted as follows: 1. Review of Written Material/Oral Presentations a. Generally, this includes review and filing of staff reports and other written material included in the agenda packet. Members of the public are encouraged to provide any written material to the Commission in advance of the Commission meeting. b. An oral report may be presented by a City Staff member. c. Staff responds to Commission member questions. 2. Open Hearing for Public Comment a. The purpose of the public comment portion of the hearing is to provide an opportunity for concerned members of the audience to testify in support or opposition to the matter being heard. In general, speaker order should be: 1) Summary presentation by Staff 2) Questions by Commission 3) Comments by Applicant 4) Comments by others in favor 5) Comments by those in opposition 6) Rebuttal by Applicant, if necessary 7) Additional comment by Staff, as appropriate b. No person may speak without first being recognized by the presiding officer. The presiding officer shall instruct speakers: 8.1.a Packet Pg. 178 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 19 April 2017 1) to complete a speaker card with the speaker’s name and address (optional); 2) to speak from the podium; 3) to give their name and address (optional) before starting their presentation, and to spell out their last name; 4) to keep comments within specified time limits, if any; and 5) to avoid repetition. c. An effort will be made to answer questions from speakers at the end of the public comment period, prior to Commission deliberation. d. Members of the Commission may ask questions of speakers, or each other, during the public comment portion to obtain information, without expressing personal opinion or debating the merits of the item under consideration. 3. Deliberation a. After determining that no other member of the audience wishes to speak, the presiding officer shall declare the public hearing and comment opportunity closed, and the matter returned to Commissioners for deliberation. Thereafter, no additional testimony shall be received by the Commission except as provided in 3b. or upon reopening the public hearing. b. While specific questions should be asked of the public prior to the close of the public hearing, it is appropriate for a Commissioner to direct questions to Staff, the applicant, or other members of the public before taking action. 4. Commission Action a. The Commission may at this time: 1) Continue the public hearing. This should be done if any additional information is requested (e.g. a staff report). After opening a public hearing, continuing it to a specific date does not require additional notice; 2) Close the public hearing, but continue debate and action to a later time. Continuing to a specific date does not require additional notice; 3) Discuss/debate the issue and continue the item for action at a later time; and 4) Close the public hearing, discuss/debate the issue, make a motion and take action. 5. Permitting Public Comment After a Motion a. After a motion has been made and seconded, the presiding officer may permit further comment on the motion, provided no Commission member objects. The purpose of this opportunity shall be to address matters specific 8.1.a Packet Pg. 179 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 20 April 2017 to the motion, and not to restate prior testimony. To do so, the presiding officer must first reopen the public hearing. b. After all such comment is heard, the presiding officer shall re-close the public comment opportunity. RULES OF DEBATE 1. General Prior to the making of a motion, it is acceptable for Commission members to state their opinions on the item in question and to ask questions of staff, the public, and other Commission members. Once all members have had such an opportunity, the presiding officer shall request a motion. 2. Commission Members/Presiding Officer Right To Debate Any Commission member, including the presiding officer, may make, second and debate motions. The presiding officer shall not be deprived of any rights and privileges of a Commission member. 2. Qualification to Vote Every Commission member and the Chairperson shall have the opportunity to vote on any issue, except that a Commission member who has a conflict of interest regarding a matter being considered by the Commission shall declare the conflict and recuse him/herself from participating in any deliberations and decision regarding that matter. A Commission member so recusing him/herself shall not be allowed to vote on such matter. An official has a conflict of interest when it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on the official, a member of his or her immediate family, or on any of their economic interests (Attachment 7, Political Reform Act section, for further information). 4. Types of Motions Motions shall be made and amended in accordance with Robert’s Rules of Order (Attachment 9). Generally, once a motion has been made and seconded, the Commission may consider additional motions to amend, substitute, postpone, and table the original motion. 5. Debate of Motions a. Getting the Floor Every member desiring to speak on a seconded motion shall address the presiding officer, and, upon recognition, shall confine him/herself to the 8.1.a Packet Pg. 180 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 21 April 2017 question under debate, avoiding personalities and indecorous language. Once recognized, the Commission member shall not be interrupted unless to call him/her to order, or as herein otherwise provided. b. Privilege of Closing Debate Generally, after reasonable debate has been conducted, the presiding officer will call for the question that will begin the voting procedure. The right to call for the question, provided that reasonable debate has been conducted, is retained by the Commission member who made the motion for approval or denial of the item. 6. Voting Procedures a. Presence for Vote Any member of the Commission, once having answered the call of the roll or having been noted as being present at a meeting, shall advise the presiding officer prior to leaving the meeting for the remainder of a meeting. A Commission member, once having answered the call of the roll or having been noted as being present at a meeting, and not excused as herein provided, has an obligation to vote on each and every matter considered by the Commission even though he/she may temporarily be absent from the Commission. The vote on any matter being considered by the Commission may be delayed by the presiding officer until all members of the Commission who are present for a meeting and not excused as herein provided are present at the Commission table. Not withstanding other provisions of these policies, no Commission member can be forced to vote. A majority of the members present is required to take action. b. Silence During a collective vote (ayes & nays), silence of any member denotes an affirmative vote. 7. Tie Votes a. A tie vote on a motion shall be considered no action. 8.1.a Packet Pg. 181 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 22 April 2017 b. With respect to any matter on which the Commission is considering the matter on an appeal, a tie vote on a motion shall be deemed no action and the decision which was appealed shall stand. Any person whose application is denied as a result of this policy may reapply in accordance with the provisions of the Dublin Municipal Code. Nothing contained in this policy shall prohibit a Commission member from participating in a decision involving a resubmitted application if the Commission member is no longer required to abstain. 8. Continuance of an Item The following procedures are acceptable for continuing an item: a. Continuance by a Commission Member Any Commissioner may request to continue an item (not subject to a legally or City-imposed deadline) to the next Commission meeting or to another date agreeable to a majority of the Commission. An agenda item may be continued only once using this procedure. b. Continuance Requested by Someone Not a Commission Member Anyone may request a continuance of an item and the Commission, by a majority vote, may grant one continuance, provided however, that a request for a further continuance may be granted by a 4/5 vote of the Commission only if it finds that: 1) the need for the continuance was beyond the control of the person requesting it, and 2) the need for the continuance arose after (a) the date of the notice of public hearing was published if the item is subject to a public hearing, or (b) the time the Commission agenda was posted for items not subject to a public hearing. 9. Protests Any Commission member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority. 10. Motion to Reconsider Any member who voted with the majority may move for reconsideration of any action at the same meeting or at the next regular meeting, providing no legal rights have intervened to create an estoppel. A majority of the Commission present must approve the motion to reconsider. After a motion for 8.1.a Packet Pg. 182 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 23 April 2017 reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. CODE OF CONDUCT Commissioners have an obligation to represent the community in an open and honest manner. In doing so, individuals must avoid placing themselves in a position which tends in any way to bring their private interests into conflict with their official duties. Commissioners should conduct themselves in a dignified and courteous manner. It is important that each member work to establish a good working relationship with other members of the group, and make every attempt to respect the other person’s viewpoint. In order to minimize conflict of interest exposure and to maintain a high level of trust with the community, a Code of Ethics is established as follows: The Political Reform Act of 1974 (PRA), as amended, establishes conflict of interest guidelines for elected officials and certain appointed officials (including Planning Commissioners). In addition, the City Council has adopted a Conflict of Interest Code for designated City employees and certain consultants. The following guidelines are established to highlight and augment the PRA and the adopted Conflict of Interest Code. 1. No elected or appointed official (including Commission and Advisory Committee Members) or employees of the City of Dublin shall engage in any business or transaction or shall have financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties or which would tend to impair his/her independence or judgment or action in the performance of such duties. Examples of such activities include, but are not necessarily limited to, the following: a. Using the prestige or influence of the City office for private gain or advantage of him/herself or another, unless so specified by contract. b. Using time, facilities, equipment or supplies of the City of Dublin for private gain or advantage of him/herself. c. Using official information not available to the general public for his/her private gain or advantage or that of another. d. Receiving or accepting money or other personal consideration from anyone other than the City of Dublin for the performance of work done or actions taken in the regular course of duties for the City of Dublin. e. Receiving or accepting, directly or indirectly, any gift or favor from anyone doing business with the City of Dublin under circumstances from which it could reasonably be inferred that such was intended to influence him/her in his/her official duties, or as a reward for official action. 8.1.a Packet Pg. 183 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 24 April 2017 f. Engaging in or accepting private employment or rendering services for private interests that may inhibit the proper discharge of his/her official duties. 2. Elected and appointed officials shall comply with the Ralph M. Brown Act and all applicable open meeting laws. 3. Every elected official, officer, appointee, consultant or contract personnel of the City of Dublin shall disclose completely the nature and extent of any interest, direct or indirect, which conflicts with his/her responsibility or duty. In addition to the above, the PRA requires State and local agencies to adopt and promulgate conflict of interest codes. The City’s conflict of interest code is included in Section 2.24 of the Dublin Municipal Code. In general, the code requires certain City officials and employees to file statements of economic interests with the City Clerk. Once completed, the City Clerk will forward appropriate statements to the State Fair Political Practices Commission (FPPC). The Planning Commission is the only Commission required by State law to file a statement of economic interest. The City Clerk will provide the necessary forms and any information required to complete this documentation. Pursuant to Assembly Bill 1234, if the City provides compensation, salary, stipend or reimbursement for actual and necessary expenses to a member of a legislative body, then all “local agency officials” must receive ethics training in compliance with AB 1234. Therefore, all Commission and Committee members will receive at least two hours of training in general ethics principals or ethics law relevant to his or her public service every two years. City Officials, as well as City Staff, are also expected to adhere to certain standards and protocol as defined in the City’s Administrative Policies (see Attachment 8) related to Drug Free Workplace Policy, Harassment Policy/Complaint Procedures, and Official Travel and Other Business and Reimbursement of Expenses Policy. Questions regarding these policies should be directed to your Staff liaison or the City Manager. RESPONSIBILITIES OF COMMISSIONERS To be selected as an active member of a Commission provides an opportunity for genuine public service. Although the duties of each Commission vary widely, there are certain responsibilities that are common to all Commission members. The following is a summary of the important responsibilities of Commission members: Understand the Role and Responsibilities of the Commission: One of the first responsibilities of a new member is to understand the Commission’s scope of responsibility and operating procedures. This information may be obtained by referring to your Commission Bylaws (attached herein). The Planning Commission should also be 8.1.a Packet Pg. 184 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 25 April 2017 familiar with the General Plan and the Zoning Ordinance. City Staff will provide copies of this information to Planning Commissioners upon your appointment to that Commission. Other Commissions may receive this information upon request. The City Staff responsible for the programs within each Commission’s scope of interest are available to assist new members in becoming familiar with their roles and their duties and will provide information about City policies, minutes of past meetings, and other helpful data. Be Careful to Represent the Entire Commission: Individual members should refrain from representing their views or recommendations as those of the Commission unless the Commission has officially voted to approve the recommendation. Commission members making recommendations or expressing views not approved by the majority of the Commission should indicate that they are representing only themselves as individuals. When making statements to the press, members should indicate which actions are only recommendations and indicate when final action will be taken by the City Council or the Commission. Represent the Whole City: Although Commission members may be selected, in part, because they represent clearly defined groups, once selected, each Commission member should represent the entire public interest of the City and not just his/her respective group or interest. The question, “What is best for the entire community?” should take precedence over “What is best for my interest group?” Keep the Lines of Communication Open: As an influential member of the community, a Commissioner is in the unique position of serving as a liaison between the City and the general public in helping to reconcile contradictory viewpoints and building a consensus around common goals and objectives. A Commissioner must serve as a link between the community, Staff, and City by presenting City programs and recommendations and also providing a channel for citizen expression. A primary role of the Commission is to determine the attitudes of the citizens concerning City programs. Do Your Homework and Be Thorough in Your Recommendations: Commission members, in connection with their role, often spend many hours in research on a particular problem. Commissioners should be familiar with the portions of the General Plan, Municipal Code, and Zoning Ordinance applicable to their area of responsibility and should thoroughly review staff reports, plans, and material submitted by the applicant in advance of meetings. You may contact the Staff person assigned to your Commission to request this information. Be Conscious of Your Relationship to the City Council, Other Commissions and City Staff: It is important to remember that City Staff works for the City Manager, and through him, for the City Council and the community at large. Staff does not work for Commission members. It is, therefore, not appropriate for Commissioners to direct Staff or to become involved in the administrative or operational concerns of the City departments. While Staff can provide routine 8.1.a Packet Pg. 185 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Commissioner Resource Handbook 26 April 2017 information on ongoing projects, a formal request to the City Council must be made for Staff involvement in major projects. If Commissioners have questions or are concerned with Staff services provided to the Commission, the City Manager should be contacted immediately to review the matter. City Staff is required by the City Council to make professional recommendations which may, or may not, agree with those of the Commission. Staff is required to present fairly the Commission’s recommendations and explain them, but will not defend them if in disagreement. When appropriate, the Commission Chair or delegated representatives should be present at the City Council meeting to report on the Commission’s recommendations. Your Commission is not a substitute for regularly constituted government. The responsibility for allocating scarce public resources rests with the community’s elected representatives, the City Council, and cannot be designated to an outside group, however capable and interested it might be. Commissions should review City policies related to programs under their scope of interest and make recommendations for changes to the City Council. However, Commissions must adhere to the policies approved by the City Council as expressed in the General Plan, Municipal Code, and other official documents. Establish a Good Working Relationship with Other Commission Members: On many occasions, the success or failure of the efforts of a Commission member is largely dependent on the degree of cooperation among the individual members of the Commission. To help build a consensus around common goals and objectives, Commission members will often have to reconcile contradictory viewpoints. Each Commission member should do his/her part to ensure that meetings proceed in an orderly and constructive manner. The Chair is primarily responsible for seein g that consideration of items on the agenda move along without delay, but with reasonable time allocated to each item. Each Commission member can assist the Chair by becoming familiar with the basic rules of parliamentary procedure and by adequately preparing any presentations he/she makes to the Commission. Political Participation: No restriction is placed on Commissioners’ participation in political activities at all levels of the government, whether local, state or federal. If Commissioners use the title of their appointed office when participating in these activities, they must make it clear that they are not representing or speaking for the Commission, but rather using the title for identification. THANK YOU FOR YOUR SERVICE TO THE COMMUNITY! 8.1.a Packet Pg. 186 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) FY 2016-2017 City of Dublin Organization Chart City Manager Disaster Preparedness, Waste Management, Community Cable TV, Animal Control Heritage & Cultural Arts Commission Planning Commission Human Services Commission Parks & Community Service Commission Senior Center Advisory Committe e Youth Advisory Committee City Council Residents of Dublin Assistant City Manager Economic Development /Public Information City Clerk Elections, Records Community Development Building, Planning, Housing Public Works Engineering, Maintenance, & Enviro. Programs Human Resources Risk Mgmt., Insurance, Personnel Administrative Services Finance, Information Systems, Budget Fire Services Fire Prevention, Fire Operations Parks & Community Services Recreation/ Community Services, Library Services, Heritage & Cultural Arts, Parks & Facility Management City Attorney Police Services Crime Prevention, Traffic Enforcement Ap p e n d i x 1 8.1.a Packet Pg. 187 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Chapter 2.12 PLANNING COMMISSION S ections: 2.12.010 Planning Agency established. 2.12.020 M embership—Appoint ment—Term—Removal. 2.12.030 Expenses and compensation. 2.12.040 Chairman—Rules—Records—Meetings. 2.12.050 Powers and dut ies—Generally. 2.12.060 Term lim its. 2.12.010 P lanning Agency established. P ursuant to Government Code S ection 65000 et seq., there is est ablished a Planning A gency consist ing of a P lanning Commission. (Ord. 1709 § 2 (part ): Ord. 5 § 1, 1982) 2.12.020 Member ship—Appointment—Term—Removal. A . The Planning Commission shall consist of five (5) members. They shall be appointed for a term of f our (4) years. Terms shall begin in January following evennumbered election years and end in December of even numbered years (or unt il successors are appoint ed). If a vacancy occurs ot herwise than by expirat ion of term, it shall be filled by appointment for t he unexpired portion of t he term. B . Members shall be appointed to the P lanning Commission by t he Mayor, subject t o the approval of the City Council. A Planning Commissioner can be removed at any time during t he Commissioner’s t erm of office by a majorit y of the Cit y Council. Removal and appointm ent of Planning Commission members shall be made only at a regularly scheduled meeting of the Cit y Council. Members of the P lanning Commission shall be residents of the city. C. Planning Commissioners must at tend at least seventyf ive (75) percent of regular and special Planning Commission m eet ings in any t welve (12) mont h period. Any P lanning Comm issioner who is absent f rom t wenty five (25) percent or more meetings within a twelve (12) m ont h period or is absent f rom t hree (3) consecutive P lanning Commission meet ings may be removed f rom t he Planning Commission pursuant t o subsect ion B of t his sect ion. (Ord. 316 § 1 (part): Ord. 1709 § 2 (part): Ord. 2002 § 2 (A , B ); Ord. 1692 § 1: Ord. 1284 § 1: Ord. 5 §§ 2, 3, 1982) 2.12.030 E xpenses and compensation. P lanning Commission members shall be entit led to reimbursement f or expenses as t he City Council may approve. In addition, Planning Commission members shall be paid fift y dollars ($50) for each meeting att ended, to a maximum of three (3) meetings in a calendar month; provided, that Commission members shall not be deemed t o be city employees by virtue of such payment . (Ord. 1709 § 2 (part ): Ord. 2499 § 2 (part ): Ord. 1189 § 1: Ord. 5 § 4, 1982) 2.12.040 Chairman—Rules—Records—Meetings. A . The Planning Commission shall elect a Chairperson and Vice Chairperson from its membership by simple majorit y vote at the f irst meeting of the year. The Commission shall, unless no Commissioners meet the crit eria, elect Commissioners t o t he posit ions t hat have not previously served in t he position and that have not declined the appoint ment , wit h t he int ent that no one should serve in t he position f or two (2) consecut ive years. I n the absence or disabilit y of eit her the Chairperson or Vice Chairperson, the Commission may designat e a temporary Chairperson. 8.1.a Packet Pg. 188 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) B . Unless there is no business to be t ransacted, the Comm ission shall hold at least one (1) regular meet ing each month and such other m eet ings as may be necessary. C. The Commission shall adopt rules f or the t ransaction of it s business. D. No official act ion shall be transacted by less t han t he affirmat ive vot e of a majority of the quorum present. In the event of a t ie vot e, the motion f ails; another motion may be entertained to break the tie. E . Not less than three (3) affirmative votes shall be required to recommend mat ters t o the Cit y Council f or adopt ion. The Cit y Manager or Cit y Manager’s designee shall serve as the S ecretary t o the P lanning Commission. (Ord. 316 § 1 (part ): Ord. 1709 § 2 (part): Ord. 1009 § 1: Ord. 1692 § 2: Ord. 5 § 5, 1982) 2.12.050 P owers and duties—Generally. The Planning Commission shall have t he power and it shall be it s duty: A . To serve the city and t he resident s of the city of Dublin with professionalism and respect ; B . To recomm end for adoption by t he City Council a comprehensive longterm general plan for the physical development of the city and of any land outside it s boundaries which in t he City Council’s judgment bears relat ion to its planning; C. To recomm end for adoption by t he City Council specif ic plans based on the general plan and drafts of such regulat ions, programs and legislation as may in it s judgment be required f or the system atic execution of t he general plan; D. To periodically review the capit al improvement program of t he cit y; E . To recomm end for adoption by t he City Council a zoning ordinance and to perf orm such other dut ies in reference to planning, zoning, land use and design review matt ers as may be required by t he City Council. (Ord. 316 § 1 (part): Ord. 1709 § 2 (part ): Ord. 109 § 2: Ord. 5 § 6, 1982) 2.12.060 Term limits. No person shall serve as a P lanning Commissioner for more t han two (2) consecut ive four (4) year terms. As used herein, a person shall be considered to have served a t erm of office as a P lanning Commissioner if such person has served as a Planning Commissioner for two (2) years plus one (1) day. (Ord. 1709 § 2 (part): Ord. 2002 § 2(C)) The Dublin Municipal Code is current through Ordinance 11 16, passed November 15, 2016. Disclaimer: The City Clerk's Office has the official version of the Dublin Municipal Code. Users sho uld contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. 8.1.a Packet Pg. 189 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 190 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 191 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 192 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 193 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 194 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 195 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 196 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission February 2, 2016 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Parks and Community Services Commission shall be composed of six (6) members, one of whom is a high school student residing in the City of Dublin. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member’s term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. Section 3. Any member of the Commission may be removed from the office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE 8.1.a Packet Pg. 197 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission February 2, 2016 Section 4. Commission members must attend 75% of all regular meetings in a 12- month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly review of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 5. If a Commissioner member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January of each year, or if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The Secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meeting of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. 8.1.a Packet Pg. 198 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission February 2, 2016 In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5. The Committees. The Commission or Chairperson, upon direction of the Commission, May appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1. The Commission shall hold at regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: (a) recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b) future recreation and community service needs; (c) conduct of persons using park and recreation facilities by the public; and (d) annual review of the Parks and Community Services Strategic Plan. Section 2. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. 8.1.a Packet Pg. 199 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission February 2, 2016 ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdiction. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579990.2 8.1.a Packet Pg. 200 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission June 7, 2016 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered years and ending in December of an even numbered year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. 8.1.a Packet Pg. 201 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission June 7, 2016 Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from three consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. 8.1.a Packet Pg. 202 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission June 7, 2016 (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City-sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities by the public. 8.1.a Packet Pg. 203 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission June 7, 2016 (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2579982.3 8.1.a Packet Pg. 204 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission February 2, 2016 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Human Services Commission shall be composed of five (5) members. Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of an even numbered election year. At the end of a Commissioner member's term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports and a annual overview of attendance by Commission members. The Secretary to the Commission shall notify the Mayor if a Commission member is absent from two 8.1.a Packet Pg. 205 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission February 2, 2016 consecutive meetings. The Commission member shall also be notified that they may be removed from the Commission. Section 4. If a Commission member ceases to reside in the City of Dublin, said Commissioner’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Section 2. The secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. Section 5. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public 8.1.a Packet Pg. 206 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission February 2, 2016 representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per quarter at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. 8.1.a Packet Pg. 207 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ___________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission February 2, 2016 ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584189.2 8.1.a Packet Pg. 208 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee February 2, 2016 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Advisory Committee shall be composed of five (5) members. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3. One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Committee members shall be appointed for terms which run four (4) years beginning in December of even numbered election years and ending in December of even numbered election years. At the end of a Committee member's term, the Committee member may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. Section 2. Any member of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Members must attend 75% of all regular and special meetings in a 12 month period. The Secretary to the Advisory Committee shall provide the Mayor with monthly attendance reports and a quarterly overview of attendance by Committee members. The Secretary to the Advisory Committee shall notify the Mayor if a Committee member is absent 8.1.a Packet Pg. 209 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee February 2, 2016 from three (3) consecutive meetings. The Committee member shall also be notified that they may be removed from the Committee. Section 4. If a Committee member ceases to reside in the City of Dublin, said Committee member’s office shall be declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice-Chairperson presides in place of the Chairperson. In the event of the absence of or the inability 8.1.a Packet Pg. 210 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee February 2, 2016 to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Parks and Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which 8.1.a Packet Pg. 211 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee February 2, 2016 are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2584737.2 8.1.a Packet Pg. 212 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Youth Advisory Committee February 2, 2016 CITY OF DUBLIN YOUTH ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Youth Advisory Committee shall be composed of a minimum of nine (9) and a maximum of thirteen (13) youth members and three (3) alternates. At least three (3) of the Committee Members must be from middle school and six (6) from high school. Additionally, there shall be four (4) non-voting adult members representing Dublin Police Services, Dublin Unified School District, Dublin Chamber of Commerce, and At-large Community. Section 2. Committee members may resign at any time by giving written notice to the Mayor, City Clerk, and Parks and Community Services Director or his/her designee. Section 3. One member of the Parks and Community Services Commission shall serve as a non-voting member to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Youth Advisory Committee Members shall serve a one (1) year term, commencing June 1 and terminating on the following May 31 (or until their successors are appointed). During the months of June through August, meetings will be held as necessary. At the end of a Committee member's term, the Committee member may be reappointed to the Advisory Committee in the same manner as the initial appointment. There shall be no limit to the number of terms a Committee member may serve. Section 2. Advisory Committee members may be removed from office with the approval of a majority of the City Council. Removal and appointment of Committee Members shall be made only at a regularly scheduled meeting of the City Council. 8.1.a Packet Pg. 213 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Youth Advisory Committee February 2, 2016 Section 3. If a member of the Advisory Committee is absent from two (2) consecutive meetings or three (3) meetings during the term without permission from said Advisory Committee, or if a Committee member ceases to reside in the City of Dublin or, in the case of youth members, ceases to be enrolled in school, said Committee member’s office shall be declared vacant. Additionally, if a Committee member is late by more than twenty (20) minutes to two meetings without permission from said Advisory Committee, this shall constitute one absence. ARTICLE IV VACANCIES Section 1. Vacancies on the Youth Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates. In the event that there are more than two vacancies on the Advisory Committee, vacancies shall be filled in the same manner as the original appointment. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Youth Advisory Committee for a one-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected each year at the June meeting of the Advisory Committee. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee members meet the criteria, elect Committee members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two (2) consecutive years. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Performs other duties necessary or customary to the office. 8.1.a Packet Pg. 214 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Youth Advisory Committee February 2, 2016 (e) Serves the City Council and the residents of the City of Dublin with professionalism and respect. In the event of the absence of the Chairperson or his/her inability to act, the Vice-Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. ARTICLE VI SUB-COMMITTEES Section 1. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but fewer than a quorum, to serve as a Sub-Committee. The Advisory Committee may appoint non-members to the Sub-Committee in an effort to obtain additional public involvement as needed. Sub-Committees make recommendations directly to the Advisory Committee. Section 2. A Sub-Committee may not represent the Advisory Committee before the Commission or Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VII MEETINGS Section 1. The Youth Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. ARTICLE VIII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. Provide input on youth services and programming to the Parks and Community Services Commission, City Council and to City Staff. Section 2. Address issues that affect youth in the community. Section 3. Assist with the promotion and implementation of youth activities. 8.1.a Packet Pg. 215 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Youth Advisory Committee February 2, 2016 Section 4. Generate an annual report on the progress of the Youth Advisory Committee. Additionally, Committee members are expected to attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the Advisory Committee; and promote youth activities and provide support for successful implementation of youth activities and programs. ARTICLE IX DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Youth Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE X STAFF ASSISTANCE Section 1. The City Manager shall provide the Youth Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE XI AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2585294.2 8.1.a Packet Pg. 216 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 217 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 218 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 219 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 220 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 221 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 222 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 223 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) 8.1.a Packet Pg. 224 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Approved By: CLF Revision #: 1 Effective: 5/1/2015 Supersedes: AP 05-1997 Revised: 4/2015 Page 1 of 8 I. BACKGROUND The issue of substance abuse, the misuse of both Legal and Illegal Drugs, has been identified as a major social problem. It is well documented that substance abuse in the workplace can negatively impact employee performance, worker safety and the safety of the general public. In particular, the City of Dublin has a responsibility to ensure the safe and efficient delivery of municipal services to the public. The City is therefore committed to maintaining a workplace that is free of drugs and alcohol and to discourage drug and alcohol abuse by its employees. City of Dublin employees have a right to work in a drug and alcohol free environment; therefore, alcohol and drug use/abuse in the workplace will not be tolerated. The City has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency, and success at the City. Employees who are under the influence of alcohol or who have any Illegal Drugs in their system, or who abuse Legal Drugs while conducting or performing City business compromise the City’s interests, endanger their own health and safety and the health and safety of others, and can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of work, inferior quality in service and disruption of resident relations. It is important for employees to understand that this Policy governs not only the abuse of alcohol and Illegal drugs, but also the use and abuse of Legal Drugs in the workplace. Employees who find the need to use Legal Drugs, including prescription and over-the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use. To further its interest in avoiding accidents, to promote and maintain safe and efficient working conditions for its employees, to protect its business, property, equipment and operations, and to comply with all federal and state requirements, the City has established this Policy concerning employee use of alcohol and drugs. As a condition of continued employment with the City, each employee must abide by this Policy. II. DEFINITIONS For purposes of the Drug Free Workplace Policy: A. City: City means the City of Dublin Municipal Corporation. B. Illegal Drugs or Other Controlled Substances: Illegal drugs or other controlled substances mean any drug or substance that (i) is not legally obtainable; or (ii) is legally obtainable but has not been legally obtained; or (iii) has been legally obtained but is being sold or distributed unlawfully. C. Impair, Impaired, or Impairment: Impair, impaired, or impairment shall be considered an employee’s use of alcohol and/or all substances, drugs, or medication, legal or illegal, which impairs an employee’s ability, physically and/or mentally to perform safely and effectively the functions and duties of his or her position. D. Legal Drugs: Legal drugs means any drug, including prescription drugs and over the-counter drugs, that has been legally obtained and that is not unlawfully sold or distributed. E. Abuse of Any Legal Drug: Abuse of any legal drug means the use of any legal drug (i) for any purpose other than the purpose for which it was prescribed or manufactured; or (ii) in a quantity, frequency, or manner that is contrary to the instructions or recommendations of the prescribing physician or manufacturer. 8.1.a Packet Pg. 225 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 2 of 8 F. Reasonable Suspicion: Reasonable suspicion means a suspicion that is based on (i) specific personal observations such as an employee's manner, disposition, muscular movement, appearance, behavior, speech or breath odor; or (ii) information provided to management by an employee, by law enforcement officials, by a security service, or by other persons believed to be reliable; or (iii) a suspicion that is based on other surrounding circumstances. G. Policy: Policy means the City of Dublin Drug Free Work Place Policy. H. Possession: Possession means that an employee has the substance on his or her person or otherwise under his or her control. III. COMPLIANCE WITH FEDERAL LAW In 1988, Congress enacted the Drug Free Workplace Act. The Drug-Free Workplace Act applies to employers with any federal grant or with a federal contract worth more than $25,000. This regulation applies to the City of Dublin. The law requires that any employees convicted of any drug or alcohol related workplace crimes to notify the employer within five days of the conviction. The City must then notify the granting or contracting federal agency within 10 days of receiving a conviction notice from the employee. The City must then impose sanctions (up to and including employment termination) against convicted employees within 30 days, or require them to participate in a drug abuse assistance or rehabilitation program approved by an appropriate law enforcement or health agency. As a recipient of federal grants, the City of Dublin and its employees must comply with these requirements. It is the a violation of this Policy, and therefore prohibited, to manufacture, distribute, dispense, possess, use, consume, or be under the influence of Illegal Drugs or Other Controlled Substances while on duty or while in or on City property, vehicles, or equipment. This Policy shall apply to all Covered Employees, including but not limited to employees, volunteers, or contractors performing work for the City of Dublin. IV. PURPOSE The City of Dublin has a responsibility to ensure the safe and efficient delivery of municipal services to the public. In addition, the City has a responsibility and is committed to protecting the safety, health and well-being of all employees and other individuals in our workplace. Therefore, the intent of this Policy is to eliminate and prevent the abuse of Illegal and Legal Drugs and their effects in the workplace. While the City of Dublin has no intention of intruding into the private lives of its employees, involvement with drugs and alcohol off the job can take its toll on job performance and employee safety. The City’s goal is that employees be in a condition to perform their duties safely and effectively, in the interests of their fellow workers and the public as well as themselves. The presence and influence of drugs and alcohol on the job, and the influence of these substances on employees during working hours, are inconsistent with this objective and a violation of the City’s Personnel System Rules, Section 23 Drug and Alcohol Free Workplace. This Policy provides guidelines for the detection and deterrence of alcohol and drug abuse. It also outlines the responsibilities of City management and employees. To that end, the City will act to prevent and/or eliminate any substance abuse (alcohol, Illegal Drugs, Legal Drugs or any other substance which Impairs an employee’s ability to safely and effectively perform the functions of the particular job) which increases the potential for accidents, absenteeism, substandard performance, poor employee morale or damage to the City’s reputation. All employees covered by this Policy should be aware that violations of this Policy may result in discipline, up to and including termination. 8.1.a Packet Pg. 226 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 3 of 8 It is important for employees to understand that this Policy governs not only the abuse of alcohol and Illegal Drugs, but also the use and abuse of Legal Drugs in the workplace. Employees who find the need to use Legal Drugs, including prescription and over-the counter drugs, should consult with and must comply with those provisions set forth in this Policy that address such use. Employees who think they may have an alcohol or drug usage problem are urged to seek, on their own volition, confidential assistance from the City’s employee assistance program. V. COVERED EMPLOYEES Any individual who conducts business for the City, is applying for a position or is conducting business on the City's property is covered by this Policy. The City’s Policy includes, but is not limited to, full-time employees, part-time employees, contractors, volunteers, interns and applicants for employment or volunteer appointment, such individuals are defined as “Covered Employees” within this Policy. VI. APPLICABILITY This drug-free workplace Policy is intended to apply whenever anyone is representing or conducting business for the City. Therefore, this Policy applies during all working hours, whenever conducting business or representing the City, while on or in City property and at City-sponsored events. This Policy also applies during meal periods or other breaks if an individual is expected to return to work after the meal period or break. The alcohol restrictions in this Policy are not intended to apply to social gatherings, conferences, and after-hours’ employee or community events where employees are not working and are not expected to return to work. VII. LEGAL AND ILLEGAL DRUG USAGE It is a violation of the City of Dublin Drug-free Workplace Policy to use, manufacture, distribute, dispense, possess, consume, be under the influence of, sell, trade, and/or offer for sale any and all Illegal Drugs or other controlled substances, alcohol, or intoxicants while on duty, while on City property, or while in or on City vehicles or equipment. Legal Drugs, such as prescription and over-the-counter drugs, are not prohibited when taken in standard dosage and/or according to a physician's prescription. Any employee taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with safe performance of his/her job. If the use of a Legal Drug could compromise the safety of the employee, fellow employees or the public, it is the employee's responsibility to use appropriate personnel procedures (e.g., call in sick, use leave, request change of duty, notify supervisor) to avoid unsafe workplace practices. The illegal or unauthorized use of Legal Drugs is prohibited. It is a violation of this Policy to intentionally misuse and/or abuse Legal Drugs, such as prescription medications. Upon Reasonable Suspicion, the City may require employees to show a valid prescription from a licensed doctor or pharmacist for use of Legal Drugs while on duty. The City may take disciplinary action, up to and including termination, against an employee who has engaged in improper use of Legal Drugs while on duty. VIII. PROHIBITED CONDUCT A. Scope: The Prohibited Behaviors within this Policy apply whenever the interests of the City may be affected, including any time the employee is: 8.1.a Packet Pg. 227 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 4 of 8 1. On City premises; 2. Conducting or performing City business, regardless of location; 3. Operating or responsible for the operation, custody, or care of City equipment or other property; or 4. Responsible in any way for the safety of other individuals associated with City, including, but not limited to, co-employees, volunteers, management, contractors, visitors, residents and vendors. B. Alcohol: The following acts are prohibited and subject an employee to discharge: 1. The unauthorized use, possession, purchase, sale, manufacture, distribution, transportation or dispensation of alcohol; or 2. Being under the influence of alcohol as defined by applicable state law. C. Illegal Drugs: The following acts are prohibited and subject an employee to discharge: 1. The use, possession, purchase, sale, manufacture, distribution, transportation, or dispensation of any Illegal Drug or other controlled substance; 2. Having any Illegal Drug or Other Controlled Substance in your system; or 3. Working while Impaired by the use of any Illegal Drug or Other Controlled Substance. D. Legal Drugs: The following acts are prohibited and subject an employee to discharge: 1. The Abuse of Any Legal Drug; or 2. The purchase, sale, manufacture, distribution, transportation, dispensation, or possession of any Legal Drug, including prescriptions or over-the counter drugs, in a manner inconsistent with law; or 3. Working while Impaired by the use of a Legal Drug; or 4. Working without obtaining the required consent in violation of Section IX & XIV; or 5. Failure to make proper disclosure in violation of Section X & XIV. IX. EMPLOYER RESPONSIBILITIES A. To provide each employee a copy of this Policy. B. To enforce the provisions of this Policy. C. To inform employees of the dangers of drug use in the workplace. To increase awareness of the dangers of drugs in the workplace, the City will distribute appropriate literature for the review of all City employees as part of the ongoing drug awareness efforts. D. Through various programs available through the City’s health plans, to encourage employees suffering from drug abuse, to seek voluntary counseling or treatment. E. Upon notification from an employee that a drug conviction has occurred within the workplace, the City will take appropriate action within 30 days of notification. Federal contracting agencies will be notified when appropriate. F. Observe employee performance. G. Investigate reports of dangerous practices. H. Consent Required: Upon notification from an employee that he or she is or will be taking medications that may Impair his or her ability to perform various work functions, the City will evaluate the situation and provide an employee with consent to perform his or her work under normal conditions, perform regular duties with limitations, such as not operating vehicles or equipment, or withhold consent and provide the employee with alternative direction, such as staying home until the need for the medication has passed. X. EMPLOYEE RESPONSIBILITIES A. To acquaint themselves with and abide by the provisions of this Policy. 8.1.a Packet Pg. 228 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 5 of 8 B. To notify their Department Head or Personnel Officer in writing of any criminal drug statute conviction for a violation occurring in the City workplace. Said notification shall be made no later than five (5) days after such conviction. C. Employees shall not report to work or be subject to duty while their ability to perform job duties is Impaired due to on- or off-duty use of alcohol or other drugs. D. Be concerned about working in a safe environment. E. Use the employee assistance program. F. Report dangerous behavior to their Supervisor or Human Resources without the fear of retaliation G. Disclosure Required: Employees must notify their Supervisor or Human Resources before beginning work, when taking any medications or drugs (prescription or nonprescription), which may interfere with the safe and effective performance of duties or operation of City vehicles or equipment. XI. POLICY VIOLATION A. As defined within this Policy, Covered Employees who violate the provisions of this Policy will be subject to progressive disciplinary action up to and including termination; or, at the discretion of the City, as a condition of continued employment be required to participate in and successfully complete a drug free abuse or assistance program approved by the City. An employee required to enter such programs and fails to successfully complete it and/or repeatedly violates the Policy shall be terminated from employment in accordance with the City’s Personnel System Rules. Nothing in this Policy prohibits the employee from being disciplined or discharged for other violations and/or performance problems. B. Effect of Criminal Conviction: An employee who is convicted under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event will be deemed to have violated this Policy. C. Refusal of Substance Screening or Test: A refusal to test shall be treated as a positive test result for the purposes of administration of this Policy and any resulting disciplinary action. Refusal to test includes circumstances or behaviors such as: 1. Failure to appear at the collection site in the time allotted; 2. Leaving the collection site before the testing process is completed; 3. Failure to provide a urine, breath, or saliva specimen as required by CFR, Part 40; 4. Failure to permit the observation or monitoring of specimen collection when it is required; 5. Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation; 6. Failure or refusal to take a second test when required; 7. Failure to undergo a medical evaluation when required; 8. Failure to cooperate with any part of the testing process. (Example: refusal to sign the testing form when required); 9. Leaving the scene of an accident without just cause prior to submitting to a test; or, 10. If the Medical Review Officer (MRO) reports a verified adulterated or substituted test result. D. Disciplinary Actions: 1. First Violation: Covered Employees who violate this Policy shall be subject to progressive discipline up to and including termination. An employee who is not terminated for a first violation of this Policy will receive a final written warning. The City reserves the right to suspend the employee without pay for a period of up to five (5) business days. 2. Second Violation: A second violation of this Policy at any time will result in termination XII. SEARCHES 8.1.a Packet Pg. 229 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 6 of 8 The City reserves the right to search all areas and property over which the City maintains full or joint control with the employee for the purpose of detecting alcohol or Illegal Drugs. The search will be conducted only with the approval of the Department Head, City Manager or Human Resources representative and in accordance with applicable Government Code provisions and other legal requirements. The City will make a reasonable effort to contact the employee to have them present while searching the property in question. Areas in which the City maintains full control include, but are not limited to, all City owned properties and buildings and City owned vehicles and equipment. Areas jointly controlled by the City and the employee include, but are not limited to, desks, lockers, file cabinets, office cabinets and bookshelves. The City may notify the appropriate law enforcement agency if it believes any person on or in City property may have Illegal Drugs in his or her possession. XIII. SUBSTANCE SCREENING OR TESTING To ensure the accuracy and fairness of the City’s testing program, all testing will be conducted according to Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines where applicable and will include a screening test; a confirmation test; the opportunity for a split sample; review by a Medical Review Officer, including the opportunity for employees who test positive to provide a legitimate medical explanation, such as a physician's prescription, for the positive result; and a documented chain of custody. A. Job Applicants: Job applicants may be required to undergo drug and alcohol testing as a condition of employment with the City. B. Employees: Current employees will be subject to testing if they: 1. Report to work or, while conducting or performing City business regardless of location, are suspected of being intoxicated or exhibiting abnormal behavior or performance difficulties associated with substance abuse; 2. Are involved in a work-related accident and exhibit indicators of substance abuse; 3. Are subject to federal or state regulatory requirements for random drug or alcohol testing; or 4. Are in safety-sensitive positions or other positions in which Impaired performance could have an adverse effect on the health or safety of the employee, his or her co-employees, other individuals or the City. C. Testing: The City may utilize each or all of the following testing methods: 1. Pre-employment testing; 2. Random testing for employees in safety-sensitive positions; 3. Reasonable Suspicion testing; 4. Post-accident testing (where the employee exhibits indicators of substance abuse); and 5. Testing authorized or required by federal or state regulations, including Department of Transportation regulations. XIV. CONFIDENTIALITY All information received by the City under this Policy is confidential communication. Access to this information is limited to those who have a legitimate need to know in compliance with relevant laws and management policies. Any and all drug testing information obtained under this Policy shall be maintained and stored in separated confidential files within Human Resources. XV. PROMULGATION OF POLICY 8.1.a Packet Pg. 230 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 7 of 8 Continued communication of the City’s Policy to both Supervisors and Covered Employees is critical to the City’s success. To ensure that Covered Employees are aware of their role in supporting our Policy, the following shall apply: • All Covered Employees will receive a copy of this Policy. • The Policy will be reviewed in orientation sessions with new employees. • Periodic updates and reminders of this Policy shall be sent by Human Resources. XVI. THE CITY’S CONSENT FOR USE OF LEGAL DRUGS A. Use of Legal Drugs: The City recognizes that it may be necessary for employees to use Legal Drugs from time to time. The City also recognizes that an employee who is using Legal Drugs might become Impaired by the drug such that the employee's ability to adequately or safely perform is compromised. In order to accommodate employees who might be required to use Legal Drugs, and to help assure that no serious adverse consequences in the workplace result from such drug use, employees are required to obtain the City’s consent and comply with certain disclosure and work-restriction requirements under the following circumstances. B. When Consent Is Required: Employees who know or should know that their use of Legal Drugs might endanger their own safety or the safety of another person, or might pose a risk of significant damage to the City’s property, or might substantially interfere with their job performance or the efficient operation of the City’s business, are obligated to report such drug use to the Supervisor, Department Head, Personnel Officer or the City Manager, and to obtain the City’s consent to continue working. The City reserves the right to have either a City physician or the employee's own physician determine whether it is advisable for the employee to continue working while taking such drugs. C. Duty to Disclose: Employees who operate or who are responsible in any way for the operation, custody or care of the City’s property, or for the safety of other employees or other persons, have a duty to disclose the nature of their job duties to any prescribing physician or pharmacist and/or to a City physician or pharmacist and to inquire of the physician(s) or pharmacist whether their use of the drugs prescribed might result in the dangers, risks or Impairment that this Policy is intended to prevent. D. Restrictions on Work: The City reserves the right to restrict the work activities of any employee who is using Legal Drugs or prohibit any employee from working entirely while he or she is using Legal Drugs. E. Duty to Refrain from Working: Each employee using Legal Drugs has a duty to not report for work while impaired by the drug if such Impairment might result in serious harm or damage or might interfere with his or her job performance. Accordingly, even if an employee has obtained the City’s consent to continue working while taking Legal Drugs, the employee will not be authorized to work while impaired by the use of such drug if the employee knows or has reason to know that working while impaired might endanger the safety of the employee or some other person, pose a risk of significant damage to the City’s property, or substantially interfere with the employee's job performance or the efficient operation of the City’s business. XVII. CRIMINAL CONVICTIONS Employees are required by this Policy to notify the City of any conviction under a criminal drug statute for a violation occurring in the workplace, while conducting or performing City business regardless of location, or during any City-related activity or event, not later than five (5) days after any such conviction. When required by applicable law, the City will notify agencies under contract of any employee who has been convicted under a criminal drug statute for a violation occurring while conducting or performing City business, regardless of location. 8.1.a Packet Pg. 231 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Administrative Policies Drug Free Workplace Policy No.: AP 06-2015 Effective: 5/1/2015 Supersedes: AP 05-1997 Page 8 of 8 XVIII. UNREGULATED OR AUTHORIZED CONDUCT A. Customary Use of Over-the-Counter Drugs: Nothing in this Policy is intended to prohibit the customary and ordinary purchase, sale, use, possession, or dispensation of over-the-counter drugs, so long as such activity does not violate any law or result in an employee being impaired by the use of such drugs in violation of this Policy. B. Off-the-Job Conduct: Nothing in this Policy is intended to regulate off-the-job conduct, so long as the employee's off-the-job use of alcohol or Legal Drugs does not result in the employee being under the influence of or Impaired by the use of alcohol or drugs in violation of this Policy. C. Use of Alcohol or Legal Drugs: The Personnel Officer will maintain a list of circumstances in which the use or possession of certain Legal Drugs or alcohol is authorized (such as certain medicine or drugs maintained in company first-aid cabinets or alcoholic beverages served during or after business meetings or social functions) and will communicate the authorization as appropriate. Changes to the authorization require the prior written approval of the City Manager. Except as otherwise provided in this Policy, no employee may assume that his or her possession, use, purchase, sale, manufacture, distribution, transportation, or dispensation of alcohol or drugs is authorized unless the employee has been notified in writing by the City Manager. XIX. ASSISTANCE The City recognizes that alcohol, drug abuse and addiction are treatable illnesses. The City also realizes that early intervention and support improve the success of rehabilitation. Therefore, this Policy: • Encourages individuals to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. • Encourages individuals to utilize the services of qualified professionals to assess the seriousness of suspected drug or alcohol problems and identify appropriate sources of help. • Offers all fully benefitted employees, and their eligible family members, assistance with alcohol and drug problems through the employee assistance program. Treatment for alcoholism and/or other drug use disorders may be covered by an eligible employee’s medical benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the individual. XX. QUALIFIED DISABLED EMPLOYEES A. Commitment to Employ Disabled Individuals: Nothing in this Policy is intended to diminish the City’s commitment to employ qualified disabled individuals or to provide reasonable accommodation to such individuals consistent with all federal, state and local laws. As noted above, however, employees are required, under certain limited circumstances, to obtain the City’s consent to continue working while using Legal Drugs. B. Reasonable Accommodation: If an employee's use of a Legal Drug is related to a disability and the employee voluntarily self-identifies as a disabled individual to the City in connection with an effort to determine whether it is advisable to continue working despite the use of the drug, and if it is determined that the employee should not continue to work in his or her regular job while using the Legal Drug, an effort will be made to reasonably accommodate that employee. 8.1.a Packet Pg. 232 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 1 of 4 REVISION #1 SUPERSEDES AP-01-1991 SUBJECT HARASSMENT PREVENTION POLICY AND COMPLAINT PROCEDURES APPROVED BY Richard C. Ambrose EFFECTIVE DATE March 15, 2004 I. PURPOSE The purpose of this policy is to establish the City of Dublin’s strong commitment to providing a work environment free from unlawful and improper harassment; to define harassment; to inform all employees, officers and officials of the City of Dublin that harassment is illegal; to ensure that unprofessional behavior that creates a hostile work environment is not be tolerated; and to set forth a procedure for investigating and resolving internal complaints of harassment. II. POLICY It is the City’s policy to provide a workplace free from unlawful and improper harassment. This policy protects all: Applicants, Employees, and Persons providing services pursuant to a contract with the City. Harassment on any basis, including, but not limited to, on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, citizenship status, military service status, sex (including pregnancy, childbirth or related medical conditions), gender, sexual orientation, age (40 or over) or other basis protected by law will not be tolerated. The City will take all reasonable steps necessary to prevent harassment. When aware of harassment, the City will take immediate and appropriate corrective action, including all steps necessary to end the harassment, whether or not a complaint has been filed. The City will take appropriate disciplinary action, up to and including termination, for violations of its policy against harassment. If the City becomes aware of sexual harassment, including gender harassment and harassment based on pregnancy, childbirth, or related medical conditions, inflicted by a non-employee on any of the above protected parties, the City will take immediate and appropriate corrective action. Any retaliation against a person for filing a harassment charge or making a harassment complaint with the City, or with any municipal, state or federal equal employment opportunity agency, or because he or she has participated in an investigation of a charge of harassment is prohibited. III. DEFINITION A. “Harassment” refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness. The victim does not have to be the person harassed but could be anyone affected by the offensive conduct. Harassment includes, but is not limited to: 8.1.a Packet Pg. 233 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 2 of 4 1. Verbal Harassment – For example, epithets, derogatory comments or slurs on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This might include inappropriate sex oriented comments on appearance, including dress or physical features or race oriented stories. 2. Physical Harassment – For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at the individual on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. This could be conduct in the form of pinching, grabbing, patting, propositioning, leering or making explicit or implied job threats or promises in return for submission to physical acts. 3. Visual Forms of Harassment – For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age. 4. Sexual Favors – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual natures which is conditioned upon an employment benefit, unreasonably interferes with an individual’s work performance or creates an offensive work environment. Harassment on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, sex or age is a violation of Title VII of the Civil Rights Act of 1964, the California Government Code and Regulatory Guidelines of the Equal Employment Opportunity Commission and the California Fair Employment and Housing Commission. B. “Sexual Harassment” is defined by the Federal Equal Employment Opportunity Commission’s Guidelines as: “Unwelcome sexual advances, requests for sexual favors, and other verbal and/or physical conduct of a sexual nature constitute sexual harassment when – 1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, 2. submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such an individual, or 3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.” Sexual harassment also includes the threat or insinuation that lack of sexual submission will adversely affect an employee’s employment, wages, advancement, assigned duties or shifts, or other conditions that affect an employee’s livelihood. Sexual harassment can be inflicted by both men and women, and can be inflicted upon those of the opposite sex or the same sex. 8.1.a Packet Pg. 234 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 3 of 4 IV. RESPONSIBILITIES Each employee is responsible to ensure that his/her conduct or actions do not violate the law or this policy, and that he/she does not actively or passively condone any form of harassment. Each employee, applicant, or person providing services to the City under a contract is encouraged to bring to the attention of any appropriate party, including a manager, supervisor, department head, or the Personnel Officer, any incident of harassment that requires immediate attention or further investigation, and to do so before harassment becomes severe or pervasive. If a protected party’s direct supervisor or other direct authority is the source of harassment, the party is encouraged to seek assistance outside of the chain of command. Though the City recognizes it may not always be possible, it is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. V. COMPLAINT PROCEDURE The City takes all concerns regarding harassment seriously. All parties protected by this policy should feel confident in taking bringing to the City’s attention incidents of harassment, so that they can be addressed in a timely and appropriate fashion. A. Filing: An employee or job applicant who believes he or she has been harassed should make a complaint orally or in writing with any of the following: 1. Immediate supervisor 2. Any supervisor or manager within or outside the department 3. Department head 4. Personnel Officer Any supervisor, manager or department head who receives a harassment complaint should notify the Personnel Officer immediately. B. Upon notification of a harassment complaint, the Personnel Officer shall: 1. Authorize and/or supervise investigation of the complaint promptly and thoroughly in as confidential a manner as is consistent with a full, fair and proper investigation and due process requirements. The investigation will include interviews with: a) the complainant; 2) the accused harasser; and c) any other persons the Personnel Officer has reason to believe have relevant knowledge concerning the complaint. 2. Review factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment; giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual or sexual conduct and the context in which the alleged incident occurred. 8.1.a Packet Pg. 235 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 01-2004 Page 4 of 4 3. Report the results of the investigation and the determination as to whether harassment occurred to appropriate persons including the complainant, the alleged harasser, the supervisor and the department head. 4. If harassment occurred, take and/or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense. 5. Take reasonable steps to protect the victim and other potential victims from further harassment. 6. Take reasonable steps to protect the victim from any retaliation as a result of communicating the complaint. 7. If appropriate, take action to remedy the victim’s loss, if any, which resulted from the harassment. VI. DISSEMINATION OF POLICY All employees, officers and officials shall be sent copies of this Policy. G:\PERSNEL\CITYPERS\DOCUMNTS\Harrassment policy-new 2004 version.doc 8.1.a Packet Pg. 236 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 1 OF 5 REVISION SUPERSEDES SUBJECT OFFICIAL TRAVEL AND OTHER BUSINESS AND REIMBURSEMENT OF EXPENSES POLICY APPROVED BY Richard C. Ambrose EFFECTIVE DATE January 03, 2006 A. PURPOSE The purpose of this policy is to ensure that the reimbursement of members of legislative bodies for expenses incurred in the performance of official duties complies with the California Government Code, including the recently enacted legislation, which adds Sections 53232.2 et seq. to the Government Code; to establish a reimbursement policy applicable to City employees and legislative bodies; and to establish other requirements related to travel expenses paid by the City. B. DEFINITION The following definition shall apply to this policy: “Legislative body” means the City Council, Planning Commission, Parks & Community Services Commission, Heritage & Cultural Arts Commission, Senior Advisory Committee, and Youth Advisory Committee. C. POLICY Members of a legislative body and City employees may be reimbursed for actual and necessary expenses incurred in the performance of official duties only as provided in this Policy. 1. Types of Occurrences that Qualify for Reimbursement. Members of a legislative body and City employees may be reimbursed for actual and necessary expenses incurred in the performance of official duties, including (a) attending conferences, (b) attending organized educational activities, (c) meeting with local, state, and federal legislators and officials regarding official city business, (d) meeting with staff and officials of surrounding communities regarding matters of mutual concern, (e) attending City events, (f) participating in regional, state, and national organizations whose activities affect the City’s interests, and (g) implementing a City-approved strategy for attracting and retaining businesses to the City, which will typically involve at least one staff member. 2. Government Rates. Airlines, hotels, and rental car companies may offer special rates available to state, federal, and local governments. These rates are presumed to be the most economical and reasonable rates for the purposes of this Policy. Those booking travel should consult available resources to determine the if applicable government rates are available. 3. Transportation a. Cost Comparison to Determine Mode of Transportation. When contemplating travel arrangements, members of a legislative body and City employees should choose the least expensive mode of travel. For example, in some cases, it may be less expensive for the City to reimburse an employee or members of a legislative body for mileage associated with vehicle transportation than to pay for air travel. Prior to making travel arrangements, the employee or 8.1.a Packet Pg. 237 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 2 OF 5 member of the legislative body shall compare the cost of traveling by the various modes of travel available and determine the most cost effective mode given the employee or official’s scheduling needs. City employees and members of legislative bodies shall also consider cost-saving strategies such as car-pooling in the cost comparison. b. Air Travel. When possible, members of a legislative body and City employees should arrange for air travel to be paid for by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. The designated individual in each Department responsible for making travel arrangements, pursuant to Administrative Policy 09-2005, shall book the most economical and reasonable mode and class of transportation available that is consistent with the employee or official’s scheduling needs. c. Personal Vehicle Travel. Members of a legislative body and City employees may be reimbursed for expenses incurred in traveling by personal vehicle on official business at the Internal Revenue Service Mileage Rate, in effect at the time of the travel. Members of a legislative body and City employees requesting such reimbursement shall indicate reimbursable mileage on the Travel Expense Report, which shall satisfy the Documentation Requirements provided in Section 15 of this Reimbursement Policy. d. Car Rental Arrangement. Prior to requesting a rental car, employees and officials traveling on official business shall consider whether a rental car is the least expensive means of transportation at the destination. When possible, members of a legislative body and City employees should arrange for car rentals to be paid for in advance by the City, pursuant to Administrative Policy 09- 2005 relating to credit card usage. The designated individual in each Department responsible for travel arrangements, pursuant to Administrative Policy 09-2005, shall book the most economical and reasonable rental rate that is available. e. Lack of Advance Arrangements. If advance arrangements for transportation cannot be made due to lack of advance warning or other extenuating circumstances as approved by the City Manager or his or her designee before the expenses are incurred, members of a legislative body and City employees may be reimbursed for the expense of air fare or car rental, so long as the claimant obtained three quotations, including government and group rates when available, and the amount of reimbursement sought does not exceed the least expensive air fare or car rental rate. 4. Meals. a. Meals in Conjunction with Travel. Members of a legislative body and City employees may be reimbursed for expenses incurred for meals consumed in conjunction with travel on official business. For travel within California, a member of a legislative body or City employee may be reimbursed for meals in amounts that do not exceed the following, which include tax and gratuity: Breakfast: $12 Lunch: $18 Dinner: $31 Other Incidentals $ 3 Total Per Diem $64 For travel outside of California, a member of a legislative body or City employee may be reimbursed for meals in amounts that do not exceed the above amounts or the per-meal amounts for the particular locale as published by the U.S. General Services Administration in the document entitled “Per Diem Rates,” available at www.gsa.gov, whichever is higher. 8.1.a Packet Pg. 238 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER AP 18-2006 PAGE 3 OF 5 Notwithstanding the per-meal amounts set forth above and those published by the U.S. General Services Administration, the member or employee may be reimbursed for meals in an amount that does not exceed the aggregate amount of meal allowances in a particular day for which the member or employee is eligible. b. If a meal is provided by a conference or organized educational activity, or otherwise included in the payment of registration fees, City employees and members of legislative bodies may not be reimbursed for meals purchased in lieu of, or in addition to, the provided meal. (For example, if lunch is provided one day at a conference, the total daily maximum for meals of $64 would be reduced by the lunch maximum of $18 to arrive at a new maximum aggregate amount of $46). c. Reimbursement for Other Meals. Where authorized by Section 4 of this Policy, members of a legislative body and City employees may be reimbursed for their meals associated with the performance of official duties at rates not to exceed the amounts set forth in this Policy. Meals for spouses, family members, and other third parties shall not be reimbursed. 5. Lodging. a. The City will pay for or reimburse for lodging expenses when travel on official city business reasonably requires an overnight stay. b. When possible, members of a legislative body and City employees should arrange for lodging expenses to be paid by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. The designated individual in each Department responsible for making travel arrangements, pursuant to Administrative Policy 09-2005, shall book lodging at the most economical and reasonable rates for lodging that is in a location that is reasonable and convenient in relation to the employee or official’s scheduling and official business needs. For lodging in connection with a conference or organized educational activity, such lodging costs shall generally not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available to the City employee or member of a legislative body at the time of booking. c. If advance arrangements for lodging cannot be made due to lack of advance warning, or other extenuating circumstances as approved by the City Manager or his or her designee, a City employee or member of the legislative body may be reimbursed for lodging expenses, so long as the amount of the reimbursement does not exceed the government or group rates offered by a provider of lodging in a location that is reasonable and convenient in relation to the employee or official’s official business needs or the maximum group rate published by the event or activity sponsor, whichever is higher. The extenuating circumstances shall be subject to review and approval in advance by the City Manager. 6. Incidental Expense Reimbursement. Members of a legislative body and City employees may be reimbursed for actual and necessary incidental expenses incurred in connection with a conference, organized educational activity, or other performance of official duties. Incidental expenses include gratuities for hotel employees, parking fees, tips for cab drivers, public transportation costs, tolls, telephone calls relating to the performance of official duties, and other such incidental expenses. Reimbursement for expenses incurred in placing telephone calls of a personal nature shall be limited to $10 per day for travel within California, and $20 per day for travel outside of California. 8.1.a Packet Pg. 239 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER 18-2006 Page 4 of 5 7. Conference Registration Fee Reimbursement. When possible, members of a legislative body and City employees should arrange for conference and organized educational activity registration fees to be paid in advance of the conference by the City, pursuant to Administrative Policy 09-2005 relating to credit card usage. If such advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, members of a legislative body and City employees may be reimbursed for the expense of a conference or organized educational activity registration fee. 8. Other Expenses. All other actual and necessary expenses incurred in the performance of official duties that are not described in this Reimbursement Policy shall not be reimbursed unless approved by the City Council before the expense is incurred. 9. Expenses to Accommodate Disabilities. This policy shall not be construed to limit the City’s ability to reimburse members of a legislative body and City employees for necessary expenses in excess of that which is otherwise permitted under this policy where such additional expenses are necessary to accommodate for a disability. 10. Prohibited Expense Reimbursements. Officials and City employees shall not be reimbursed for expenses such as alcoholic beverages, spouse or family meals, entertainment expenses such as movie rental fees, theater tickets or sporting event fees, and fines for parking citations. Meals for spouses, family members, and other third parties shall not be reimbursed. D. EFFECT OF VIOLATION OF THE POLICY A violation of this Reimbursement Policy may result in the following penalties, including, but not limited to: 1) loss of reimbursement privileges; 2) restitution to the City; 3) civil penalties for the misuse of public resources pursuant to Section 424 of the California Penal Code; and 4) prosecution for misuse of public resources pursuant to Section 424 of the California Penal Code. E. REPORTING AND OTHER REQUIREMENTS 1. Brief Report to Legislative Body. Members of the legislative bodies shall provide brief reports on meetings attended at the expense of the City at the next regular meeting of the legislative body immediately following the event for which reimbursement is sought. If more than one member of a legislative body attends the event, a report from one of the members that mentions the other’s presence is sufficient. 2. Reimbursement Requirements. Employee or member of the legislative body is required to submit a Travel Expense Report form for reimbursement of expenses incurred in performance of official duties. The single report will be used to account for both Employee / Legislative Body – personal reimbursements as well as City Credit Card expenditures. Members of a legislative body and City employees must file Travel Expense Report form within 14 days from the last day of business related travel. Submission of expenses on the City Credit Card are strongly encouraged to be filed within 5 days due to timing requirements for the payment of the City credit card bill. 3. Documentation Requirements. The Travel Expense Report forms shall be accompanied by itemized receipts documenting each expense. If receipts are not available the Administrative Services Director shall be notified and will require certification and supplemental details related to the expenditure. The Travel Expense Report form shall be used to document that the expenses for which reimbursement are sought are proper under this Policy. Supporting information should be retained and attached to the report when applicable including but not limited to: Conference Agenda / Registration – indicating meals included in registration; Group Lodging rates; information on transportation options; etc. All documents related to reimbursable expenditures are considered public records subject to California Public Records Act. 8.1.a Packet Pg. 240 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN ADMINISTRATIVE POLICIES NUMBER 18-2006 Page 5 of 5 4. Each Department is encouraged to designate one or more Travel Coordinator(s) who will coordinate the preparation and submission of the documentation required. The primary responsibility to assure that all paperwork is submitted remains with the person who incurred the expense. The Department Head or Designee of the claimant’s department is responsible for reviewing the travel expense report for accuracy and determine if they are all eligible expenses. 5. The Claimant is responsible for reimbursing the City for any ineligible expenses charged to the City’s Credit Card as part of the reconcilement of travel expenses. Funds owed by the Claimant may be deducted from the amounts owed by the City as reimbursement and the Travel Expense Report Form will accommodate this adjustment. If no funds are owed by the City to the Claimant, a personal check for the reimbursement of the ineligible expenses shall accompany the Travel Expense Report. 6. Finance is responsible for updating the per-diem rates published by the U. S. General Services Administration annually on October 1. Adjustment of the maximum aggregate for meal expenses within California shall be based on changes in the GSA Meal & Incidental Allowance for San Francisco. Finance shall also update the IRS allowed mileage reimbursement rate on January 1st of each year or as any changes are implemented by the IRS. 8.1.a Packet Pg. 241 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN TRAVEL EXPENSE REPORT FORM For expenses not prepaid by City check or credit card EMPLOYEE NAME:ACCT NO.: EVENT: LOCATION OF EVENT: TOTALS -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Less Over Limit (City Credit Card) TRAVEL DATES (FILL IN EACH DAY): MEALS: ENTER IN EACH CELL Eligible amount per meal per day. Maximum Allowable-$74 per diem-Breakdown shown below IF MEAL IS INCLUDED WITH EVENT, ENTER "INCL" IN CELL) (Rate as of 10/1/16-gsa.gov for San Francisco per AP18-2006) Lunch (City Credit Card) Dinner (City Credit Card) Less Over Limit (Employee Paid) Breakfast (Employee Paid) TOTAL ELIGIBLE PER DIEM Net to be Considered Net Adjustments Breakfast per day ($17) Lunch per day ($18) Dinner per day ($34) Incidentals per day ($5) Less: Employee Ineligible (enter as minus) Sub-Total MEALS: Actual Expenditures Breakfast (City Credit Card) Incidentals (City Credit Card) Lunch (Employee Paid) Dinner (Employee Paid) Incidentals (Employee Paid) Less: City Ineligible (enter as minus) Total Employee Paid Meals Lesser of Auth. Or Net Total Personal Calls Max. Allowance ($10/day CA; $20/day out CA) Total City Credit Card charged Meals Adj. for Exceeding Max. Authorized MILEAGE Enter Miles (to/from Dublin) IRS Rate ($0.54 as of 1/1/16) TELEPHONE CALLS Personal (City Credit Card) Personal (Employee Paid) Business (City Credit Card) Business (Employee Paid) Total Business Calls CLAIM DATE: Effective 10/1/2016 8.1.a Packet Pg. 242 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) CITY OF DUBLIN TRAVEL EXPENSE REPORT FORM For expenses not prepaid by City check or credit card EMPLOYEE NAME:ACCT NO.: EVENT: LOCATION OF EVENT: TOTALSTRAVEL DATES (FILL IN EACH DAY): CLAIM DATE: -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Meals Mileage Personal Calls Business Calls Lodging Transport.Other TOTALS -$ --$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ Employee Signature Date Department Head Signature Date **ATTACH EVENT INFORMATION & ALL RECEIPTS TO THIS EXPENSE REPORT CLAIM** Gas (City Credit Card) LODGING Paid by City Credit Card Employee Paid Baggage Fee (City Credit Card) Description (City Credit Card) GRAND TOTALS Description (Employee Paid) Description (Employee Paid) Total Other SUMMARY City Credit Card Employee Paid LESS Ineligible Charges (Employee to reimburse City for credit card charges) TOTAL EMPLOYEE REIMBURSEMENT Taxi, Bus, etc. (Employee Paid) City Ineligible (Reimbursed by Employee) Total Transportation OTHER: Incidentals - Internet, Baggage Fees, etc. *Please Describe Below* Parking, Toll, etc. (City Credit Card) Taxi, Bus, etc. (City Credit Card) Airfare (Employee Paid) Rental Car (Employee Paid) Gas (Employee Paid) Parking, Toll, etc. (Employee Paid) City Ineligible (Reimbursed by Employee) Total Lodging TRANSPORTATION: Airfare, Rental Car, Public Transportation, Taxi, etc. Airfare (City Credit Card) Rental Car (City Credit Card) By my signature, I hereby certify that the statements herein are true and correct, that the reimbursement for travel expenses claimed was necessary and incurred during the performance of my official duties, and that all reimbursements requested adhere to the City's adopted travel and expense and credit card policies adopted pursuant to Government Code Section 53232.2 for the expenditure of public resources. Effective 10/1/2016 8.1.a Packet Pg. 243 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Robert's Rules of Order Motions Chart Based on Robert's Rules of Order Newly Revised (10th Edition) Part 1, Main Motions. These motions are listed in order of precedence. A motion can be introduced if it is higher on the chart than the pending motion. § indicates the section from Robert's Rules. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §21 Close meeting I move to adjourn No Yes No No Majority §20 Take break I move to recess for ... No Yes No Yes Majority §19 Register complaint I rise to a question of privilege Yes No No No None §18 Make follow agenda I call for the orders of the day Yes No No No None §17 Lay aside temporarily I move to lay the question on the table No Yes No No Majority §16 Close debate I move the previous question No Yes No No 2/3 §15 Limit or extend debate I move that debate be limited to ... No Yes No Yes 2/3 §14 Postpone to a certain time I move to postpone the motion to ... No Yes Yes Yes Majority §13 Refer to committee I move to refer the motion to ... No Yes Yes Yes Majority §12 Modify wording of motion I move to amend the motion by ... No Yes Yes Yes Majority §11 Kill main motion I move that the motion be postponed indefinitely No Yes Yes No Majority §10 Bring business before assembly (a main motion) I move that [or "to"] ... No Yes Yes Yes Majority 8.1.a Packet Pg. 244 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m ) Part 2, Incidental Motions. No order of precedence. These motions arise incidentally and are decided immediately. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §23 Enforce rules Point of Order Yes No No No None §24 Submit matter to assembly I appeal from the decision of the chair Yes Yes Varies No Majority §25 Suspend rules I move to suspend the rules No Yes No No 2/3 §26 Avoid main motion altogether I object to the consideration of the question Yes No No No 2/3 §27 Divide motion I move to divide the question No Yes No Yes Majority §29 Demand a rising vote I move for a rising vote Yes No No No None §33 Parliamentary law question Parliamentary inquiry Yes No No No None §33 Request for information Point of information Yes No No No None Part 3, Motions That Bring a Question Again Before the Assembly. No order of precedence. Introduce only when nothing else is pending. § PURPOSE: YOU SAY: INTERRUPT? 2ND? DEBATE? AMEND? VOTE? §34 Take matter from table I move to take from the table ... No Yes No No Majority §35 Cancel previous action I move to rescind ... No Yes Yes Yes 2/3 or Majority with notice §37 Reconsider motion I move to reconsider ... No Yes Varies No Majority 8.1.a Packet Pg. 245 At t a c h m e n t : 1 . C o m m i s s i o n e r R e s o u r c e H a n d b o o k ( 1 3 9 2 : C o m m i s s i o n e r A b s e n t e e i s m )