HomeMy WebLinkAbout*April 4, 2017 Agenda PacketApril 4, 2017 Dublin City Council Agenda Page 1 of 4
REGULAR MEETING
Tuesday, April 4, 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. 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 t o report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. March 21, 2017 City Council Minutes
The City Council will consider approval of the minutes of the March 21, 2017 Regular City
Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 21, 2017 Regular City Council meeting.
4.2. Metropolitan Transportation Commission - Application for Dublin Boulevard Street
Rehab Project and Affirming Compliance with Surplus Land Act
Staff is applying for $661,000 from the Metropolitan Transportation Commission ( MTC) for
the federal One Bay Area Grant Local Street and Roads (OBAG-LSR) program to resurface
Dublin Boulevard between Scarlett Drive and Hacienda Drive. In order for the funds to be
programmed by the MTC, the City Council is requested to adopt two resolutions. Approval
of the first resolution would authorize the filing of an application for fu nding assigned to
MTC and committing any necessary funds and stating assurance to complete the Dublin
Boulevard Street Rehab Project. The approval of second resolution would affirm the City’s
compliance with the Assembly Bill 2135 - Surplus Land Act.
STAFF RECOMMENDATION:
Adopt the Resolution 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 the Dublin Boulevard Street Rehab Project; and,
adopt the Resolution Affirming compliance with Assembly Bill 2135 - Surplus Land Act.
April 4, 2017 Dublin City Council Agenda Page 2 of 4
4.3. Request to Rename Sybase Drive to Park Place
The City Council will consider a request from the property owners of 1 and 3 Sybase Drive,
formerly occupied by SAP, to change the name of the street name from Sybase Drive to Park
Place.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Renaming of Sybase Drive to Park Place.
4.4. Arbor Day Proclamation 2017
The City Council will present a proclamation for Arbor Day, April 28, 2017.
STAFF RECOMMENDATION:
Present the proclamation.
4.5. Park Wayfinding Signs - Approval of Design
The City Council will consider approval of park wayfinding sign designs for the Heritage
Park and Museums site and the Fallon Sports Park and Emerald Glen Park sites.
STAFF RECOMMENDATION:
Approve the design options presented for park wayfinding signs at Heritage Park and
Museums and for the Fallon Sports Park and Emerald Glen Park sites.
4.6. First Amendment to the Agreement with Maze & Associates
The City's entered into a five-year agreement with Maze & Associates to perform audits of
the financial records through Fiscal Year 2015-16. The City would like to extend the contract
for one additional year to complete the financial audit for fiscal year ending June 30, 2017.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a First Amendment to the Consulting Services Agreement
with Maze & Associates.
4.7. Removal of Parking Restrictions along Two Sections of Lockhart Street
The City Council will consider removing parking restrictions along two 140’ sections of
Lockhart Street. These changes are recommended to provide additional parking for adjacent
residential neighborhoods, accommodate potential parking overflow from Fallon Sports Park,
and increase drop off areas for Kolb Elementary School.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Dublin Traffic Code Removing Parking Regulations
along Two Sections of Lockhart Street.
4.8. Bike Month and Bike to Work Day Proclamation
During National Bike Month, a series of regional events such as Bike to Work Day are
organized by Bike East Bay and numerous other agencies, including the City of Dublin, to
promote bicycling as an alternative mode of transportation.
STAFF RECOMMENDATION:
Proclaim the month of May as “Bike Month” and May 11th as “Bike to Work Day” in the
City of Dublin.
4.9. Mayor's Recommendation for Appointment to the Heritage and Cultural Arts
Commission
The City Council will consider the Mayor’s recommendation for appointment to fill an
unscheduled vacancy on the Heritage and Cultural Arts Commission.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation of appointment to the Heritage and Cultural Arts
Commission, or provide other appropriate direction.
4.10. Resolution Declaring Intention to Consider Authorizing Changes For Improvements
Financed Through Community Facilities District 2015-1
On June 2, 2015, the City Council adopted the Resolution of Formation (Reso 96-15),
establishing Community Facilities District (CFD) No. 2015-1 (Dublin Crossing). The new
resolution proposed with this report would add language to Exhibit A of the Resolution of
Formation that would preserve eligibility for financing the CFD any items which become the
April 4, 2017 Dublin City Council Agenda Page 3 of 4
subject of a written agreement between the Developer and the applicable public agency if
such items are moved from the “fees” category to the “improvements” category (or vice
versa), without the need to return to the City Council to undertake further change
proceedings of this same technical nature.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Intention to Consider Authorizing Changes to the Capital
Facilities and Capital Facilities Fees Which May Be Financed Under Prescribed Conditions.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING
6.1. Weed and Combustible Refuse Abatement Order
In accordance with Resolution 10 -17 (adopted February 7, 2017), the City Council declared
that there is a public nuisance created by weeds and combustible debris growing and
accumulating upon the streets, sidewalks and property within the City. Notice of this
declaration was posted and letters sent to those property owners with violations.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and, by motion, direct Staff to continue the weed
abatement process.
6.2. Development Agreement Extension for the Dublin Gateway Medical Center
The City Council will consider a request to extend 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 and adopted a Resolution recommending that the City Council adopt an
Ordinance approving the extension.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE 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.
7. UNFINISHED BUSINESS – NONE.
8. NEW BUSINESS
8.1. Naming of Dublin Library Room
The City Council will consider a request from the Alameda County Library to name the
recently completed Center for 21st Century Skills in the Dublin Library as the Virginia S.
Bennett Room.
STAFF RECOMMENDATION:
Consider approval of the Virginia S. Bennett Room, as the name for the Center for 21st
Century Skills within the Dublin Library.
8.2. Study Session: Fiscal Year 2017-18 Budget Update
The City Council will review the Fiscal Year 2017-18 Budget Update, focusing on the
General Fund. This is the second year of the City's two-year budget, thus the report
highlights changes from budget numbers presented to the City Council in June 2017.
Changes to the Five-Year Capital Improvement Program are also noted herein, and an update
on Staff's progress towards the City Council's fiscal sustainability initiative is included. There
are no significant budget changes in other funds.
April 4, 2017 Dublin City Council Agenda Page 4 of 4
STAFF RECOMMENDATION:
Receive the report and provide direction to Staff related to the Budget Hearing scheduled for
May 16, 2017.
8.3. Rules of Conduct for Meetings of the City Council
The City Council will discuss the Rules for the Conduct of Meetings of the City Council to
address time limits on speakers based on number of speakers, close of acceptance period of
speaker slips, and posting of Rules at City Council meetings.
STAFF RECOMMENDATION:
Discuss Rules for the Conduct of Meetings of the City Council, and provide direction, as
appropriate.
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.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters
new opportunities.
Vision
Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grow s, it will
balance history with progress, to sustain an enlightened, economically balanced and diverse community.
Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City
life, including programs to strengthen our economic vitality, and preserve our natural surroundings through
environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle
through the creation of first-class recreational opportunities, facilities and programs.
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
March 21, 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 March 21, 2017 Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 21, 2017 Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the March 21, 2017 Regular
City Council meeting.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Draft Minutes of the March 21, 2017 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – MARCH 21, 2017
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
MARCH 21, 2017
Closed Session
A closed session was held at 6:30 PM, regarding:
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of
Dublin Blvd. and Arnold Road (portion of the Camp Parks property)
Agency negotiator: Chris Foss, City Manager
Negotiating parties: Dublin Unified School District
Under negotiation: Price and terms of payment
1. Call to Order and Pledge of Allegiance – The pledge of allegiance was led by Boy
Scout Troop 68 of Dublin and recited by the City Council, Staff and those present at the
meeting.
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. Report on Closed Session – There was no reportable action out of Closed Session.
3. Oral Communications
3.1. Presentation from Bay Area Rapid Transit (BART)
By consensus, the City Council agreed to have Staff prepare a letter to the BART
Board of Directors stating the City’s opposition to BART’s consideration of using
private parking lots to meet BART parking demands and the City’s opposition to
the purchase of surrounding County-owned properties for the development of
surface parking lots.
3.2. Presentation from Dublin San Ramon Services District
City Manager Foss noted, at the request of the Dublin San Ramon Services
District, that the scheduled presentation would be rescheduled to a later date.
3.3. The Wave at Emerald Glen Park – Construction and Program Updates
The City Council received the report.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
MARCH 21, 2017
3.4. Acceptance of the GFOA Distinguished Budget Presentation and the
CSMFO Operating Budget Excellence Awards
The City Council received the report, accepted the two awards, and
congratulated Staff.
3.5. Public Comment
Vivek Krishagiri provided public comment.
Ajay Immadi provided public comment.
Ramesh Immadi provided public comment on this item.
4. Consent Calendar
4.1. Approved the minutes of the March 7, 2017 Regular City Council Meeting.
4.2. Approved the proposed Senior Fee Assistance Program.
4.3. Adopted
RESOLUTION NO. 24 – 17
AUTHORIZING STAFF TO PURCHASE ONE UNMARKED POLICE VEHICLE FROM
THE FORD STORE SAN LEANDRO
4.4. Received the Payment Issuance Report.
4.5. Waived the reading and adopted
ORDINANCE NO. 03 – 17
REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG)
FEE ON STATE CABLE FRANCHISEES OPERATING WITHIN THE CITY
4.6. Adopted
RESOLUTION NO. 25 – 17
AMENDING THE CLASSIFICATION PLAN
RESOLUTION NO. 26 – 17
RESOLUTION AMENDING THE SALARY PLAN FOR FULL-TIME PERSONNEL AND
MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
MARCH 21, 2017
RESOLUTION NO. 27 – 17
AMENDING THE BENEFIT PLAN
RESOLUTION NO. 28 – 17
AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE
SERVICE RESOLUTION AND PRESCRIBING LEAVE BENEFITS FOR THE
DESIGNATED POSITIONS
RESOLUTION NO. 29 – 17
AMENDING THE CITY OF DUBLIN POSITION ALLOCATION PLAN
FOR FISCAL YEAR 2016-2017
RESULT: ADOPTED [UNANIMOUS]
MOVER: Don Biddle, Vice Mayor
SECONDER: Arun Goel, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
5. Written Communication – None.
6. Public Hearing – None.
7. Unfinished Business
7.1. Sean Diamond Park (Project PK0216) - Award of Construction Contract
Adopted
RESOLUTION NO. 30 – 17
AWARDING A CONTRACT FOR THE SEAN DIAMOND PARK
(PROJECT NO. PK0216) TO MCGUIRE AND HESTER
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Councilmember
SECONDER: Arun Goel, Councilmember
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
MARCH 21, 2017
8. New Business
8.1. Designation of Agency Labor Negotiators, Unrepresented Employee: City
Manager
The City Council appointed Cms. Gupta and Hernandez as the two
representatives to discuss conditions of employment for the City Manager.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Councilmember
SECONDER: Don Biddle, Vice Mayor
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
8.2. Designation of Two City Councilmembers as City Representatives to
Discuss Compensation with City Attorney
The City Council designated Vm. Biddle and Cm. Goel as the two City
Councilmembers to discuss compensation with the City Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Abe Gupta, Councilmember
SECONDER: David Haubert, Mayor
AYES: Goel, Hernandez, Haubert, Gupta, Biddle
9. Other Business
By consensus, the City Council asked Staff to return with an item that defines time
allotments for public speakers at City Council meetings and a rule that pertains to time
of acceptance of speaker slips at City Council meetings.
10. Adjournment
The meeting was adjourned at 8:24 p.m. in honor of Staff Sgt. Sean Diamond and all of
our fallen troops.
Mayor
ATTEST:
___________________________
City Clerk
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Metropolitan Transportation Commission - Application for Dublin
Boulevard Street Rehab Project and Affirming Compliance with Surplus
Land Act
Prepared by: Obaid Khan, Transportation and Operations Manager
EXECUTIVE SUMMARY:
Staff is applying for $661,000 from the Metropolitan Transportation Commission ( MTC)
for the federal One Bay Area Grant Local Street and Roads (OBAG-LSR) program to
resurface Dublin Boulevard between Scarlett Drive and Hacienda Drive. In order for the
funds to be programmed by the MTC, the City Council is requested to adopt two
resolutions. Approval of the first resolution wou ld authorize the filing of an application for
funding assigned to MTC and committing any necessary funds and stating assurance to
complete the Dublin Boulevard Street Rehab Project. The approval of second resolution
would affirm the City’s compliance with the Assembly Bill 2135 - Surplus Land Act.
STAFF RECOMMENDATION:
Adopt the Resolution 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 the Dublin Boulevard Street Rehab
Project; and, adopt the Resolution Affirming compliance with Assembly Bill 2135 -
Surplus Land Act.
FINANCIAL IMPACT:
There is no cost associated with the filing of the grant application. If granted the OBAG -
LSR funds, a minimum local funding match of $75,817 will be required (11.47%
minimum of $661,000). The local funding match will be funded through Alameda County
Transportation Commission (ACTC) Measure B Local Street and Roads funds as part of
the Annual Street Overlay Program.
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DESCRIPTION:
One Bay Area Grant Program
The One Bay Area Grant (OBAG) program is funded with the Metropolitan
Transportation Commission' s (MTC) Federal Surface Transportation Program (STP)
and Congestion Mitigation and Air Quality (CMAQ) federal funding sources. ACTC is
programming approximately $20 million of OBAG funds for eligible local streets and
roads preservation projects such as pavement rehabilitation within Alameda County.
Dublin's share of the OBAG-LSR funds is $661,000. There is a minimum local funding
match requirement of 11.47% of OBAG -LSR funds or $75,817.
The City has identified Dublin Boulevard between Scarlett Drive and Hacienda Drive
(Attachment 1) as a pavement rehabilitation project eligible for OBAG -LSR funds. The
proposed project will remove and replace failed pavement areas along Dublin
Boulevard, resurface the pavement with asphalt concrete (AC) and reinstall pavement
striping. This project will be included in the FY 2018-2019 Annual Street Overlay
Program as shown in the 2016-2021 Capital Improvement Program.
In order for the OBAG-LSR funds to be programmed, the City needs to adopt a
resolution (Attachment 2) authorizing the filing of an application for funding assigned to
MTC and committing any necessary funds and stating assurance to complete the Dublin
Boulevard Street Resurfacing Project.
Surplus Land Act
MTC’s Resolution 4202 requires that, to receive OBAG-LSR funds, the City must adopt
a resolution (Attachment 3) agreeing to comply with the terms of Surplus Land Act -
Assembly Bill 2135 (California Government Code § 54220, et seq.), as exists now or
may be amended in the future.
California Government Code Section 54221(b) defines surplus land as land owned by
any agency of the state, or any local agency, that is determined to be no longer
necessary for the agency's use, except property being held by the agency for the
purpose of exchange. Assembly Bill (AB) 2135, authored by Assembly Member Phil
Ting, strengthens priorities for affordable housing in the state’s Surplus Land Act. AB
2135 became effective January 1, 2015.
Originally enacted in 1968, the Surplus Land Act requires local agencies to prioritize
affordable housing, as well as parks and open space, when disposing of surplus land.
Specifically, local agencies must provide a first right of refusal to entities that agree to
use sites for affordable housing or parks and open space. When local agencies dispose
of surplus land, they are required to give notice to entities and organizati ons involved in
affordable housing development. Once a preferred entity expresses interest, the parties
must enter into good faith negotiations to determine a mutually satisfactory sales price
or lease terms.
AB 2135 increases the minimum time that an agency is required to negotiate with a
preferred entity from 60 days to 90 days. An entity proposing to use surplus land for the
development of low- or moderate-income housing must make 25% of the total number
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of units available to lower income households fo r a period of no less than 55 years. If an
agency does not agree to the price and terms of a preferred entity for the development
of affordable housing and surplus land is used for development of 10 or more residential
units, the entity receiving the surplus land must provide a minimum of 15% of the total
number of units as affordable.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Public noticing is not required. Copies of the staff report were provided to the Alameda
County Transportation Commission and the Metropolitan Transportation Commission.
ATTACHMENTS:
1. Project Map
2. Resolution Authorizing the Filing of an Application for Funding Assigned to
Metropolitan Transportation Commission to Complete the Dublin Boulevard Street
Rehab Project
3. Resolution Affirming Compliance with Assembly Bill 2135 - Surplus Land Act
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Dublin Blvd.Dublin Blvd.
Dublin Blvd.Dublin Blvd.
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PROJECT LOCATIONPROJECT LOCATION
Dublin Boulevard Street Rehabilitation
Scarlett Drive to Hacienda Drive
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO
METROPOLITAN TRANSPORTATION COMMISSION AND
COMMITTING ANY NECESSARY MATCHING FUNDS AND ST ATING THE ASSURANCE TO
COMPLETE DUBLIN BOULEVARD STREET REHAB PROJECT
WHEREAS, the City of Dublin (herein referred to as APPLICANT) is submitting an
application to the Metropolitan Transportation Commission (MTC) for $661,000 in funding
assigned to MTC for programming discretion, which includes federal funding administered by
the Federal Highway Administration (FHWA) and federal or state funding administered by the
California Transportation Commission (CTC) such as Surface Transportation Block Grant
Program (STP) funding, Congestion Mitigation and Air Quality Improvement Program (CMAQ)
funding, Transportation Alternatives (TA) set -aside/Active Transportation Program (ATP)
funding, and Regional Transportation Improvement Program (RTIP) funding (herein collec tively
referred to as REGIONAL DISCRETIONARY FUNDING) for the Dublin Boulevard Street Rehab
Project (herein referred to as PROJECT) for the One Bay Area Grant Local Streets and Roads
Program (herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation
to provide funding for various transportation needs and programs, (collectively, the FEDERAL
TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant
Program (STP) (23 U.S.C. § 133), the Congestion Mitigation and Air Quality Improvement
Program (CMAQ) (23 U.S.C. § 149) and the Transportation Alternatives (TA) set -aside (23
U.S.C. § 133); and
WHERAS, state statutes, including California Streets and Highways Code §182.6,
§182.7, and §2381(a)(1), and California Government Code §14527, provide various funding
programs for the programming discretion of the Metropolitan Planning Organization (MPO) and
the Regional Transportation Planning Agency (RTPA); and
WHERAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations
promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a
regionally-significant project shall submit an application first with the appropriate MPO, or RTPA,
as applicable, for review and inclusion in the federal Transportation Improvement Program
(TIP); and
WHERAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay
region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy (MTC
Resolution No. 3606, revised) that sets out procedures governing the application and use of
REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY
FUNDING; and
4.2.b
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WHEREAS, as part of the application for REGIONAL DISCRETIONARY
FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating
the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is fixed
at the programmed amount, and therefore any cost increase cannot be expected to be
funded with additional REGIONAL DISCRETIONARY FUNDING; and
that the PROJECT will comply with the procedures, delivery milestones and funding
deadlines specified in the Regional Project Funding Delivery Policy (MTC Resolution
No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the application,
subject to environmental clearance, and if approved, as included in MTC's federal
Transportation Improvement Program (TIP); and
that the PROJECT will have adequate staffing resources to deliver and complete the
PROJECT within the schedule submitted with the project application; and
that the PROJECT will comply with all project -specific requirements as set forth in the
PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all FHWA -
and CTC-funded transportation projects to coordinate within the agency and with the
respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and CTC on
all communications, inquires or issues that may arise during the federal programming and
delivery process for all FHWA- and CTC-funded transportation and transit projects
implemented by APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866,
revised, which sets forth the requirements of MTC’s Transit Coordination Implementation
Plan to more efficiently deliver transit projects in the region; and
in the case of a highway project, the PROJECT will comply with MTC Resolution No.
4104, which sets forth MTC’s Traffic Operations System (TOS) Policy to install and
activate TOS elements on new major freeway projects; and
in the case of an RTIP project, state law requires PROJECT be included in a local
congestion management plan, or be consistent with the capital improvement program
adopted pursuant to MTC’s funding agreement with the countywide transportation
agency; and
WHEREAS, that APPLICANT is authorized to submit an application fo r
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for
the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way
adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such
PROJECT; and
WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or
designee to execute and file an application with MTC for REGIONAL DISCRETIONARY
FUNDING for the PROJECT as referenced in this resolution; and
WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in
conjunction with the filing of the application.
4.2.b
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin, State
of California, that the APPLICANT is authorized to execute and file an application for funding for
the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL
TRANSPORTATION ACT or continued funding; and
BE IT FURTHER RESOLVED that APPLICANT will provide any required matching funds;
and
BE IT FURTHER RESOLVED that APPLICANT understands that the REGIONAL
DISCRETIONARY FUNDING for the project is fixed at the MTC approved programmed amount,
and that any cost increases must be funded by the APPLICANT from other funds, an d that
APPLICANT does not expect any cost increases to be funded with additional REGIONAL
DISCRETIONARY FUNDING; and
BE IT FURTHER RESOLVED that APPLICANT understands the funding deadlines
associated with these funds and will comply with the provisions a nd requirements of the
Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised) and APPLICANT
has, and will retain the expertise, knowledge and resources necessary to deliver federally -
funded transportation and transit projects, and has assigned, and will maintain a single point of
contact for all FHWA- and CTC-funded transportation projects to coordinate within the agency
and with the respective Congestion Management Agency (CMA), MTC, Caltrans, FHWA, and
CTC on all communications, inquires or issues that may arise during the federal programming
and delivery process for all FHWA - and CTC-funded transportation and transit projects
implemented by APPLICANT; and
BE IT FURTHER RESOLVED that PROJECT will be implemented as described in the
complete application and in this resolution, subject to environmental clearance, and, if approved,
for the amount approved by MTC and programmed in the federal TIP; and
BE IT FURTHER RESOLVED that APPLICANT has reviewed the PROJECT and has
adequate staffing resources to deliver and complete the PROJECT within the schedule
submitted with the project application; and
BE IT FURTHER RESOLVED that PROJECT will comply with the requirements as set
forth in MTC programming guidelines and project selection procedures for the PROGRAM; and
BE IT FURTHER RESOLVED that, in the case of a transit project, APPLICANT agrees to
comply with the requirements of MTC’s Transit Coordination Implementation Plan as set forth in
MTC Resolution No. 3866, revised; and
BE IT FURTHER RESOLVED that, in the case of a highway project, APPLICANT agrees
to comply with the requirements of MTC’s Traffic Operations System (TOS) Policy as set forth in
MTC Resolution No. 4104; and
BE IT FURTHER RESOLVED that, in the case of an RTIP project, PROJECT is included
in a local congestion management plan, or is consistent with the capital improvement program
adopted pursuant to MTC’s funding agreement with the countywide transportation agency; and
BE IT FURTHER RESOLVED that APPLICANT is an eligible sponsor of REGIONAL
DISCRETIONARY FUNDING funded projects; and
4.2.b
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BE IT FURTHER RESOLVED that APPLICANT is authorized to submit an application for
REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
BE IT FURTHER RESOLVED that there is no legal impediment to APPLICANT making
applications for the funds; and
BE IT FURTHER RESOLVED that there is no pending or threatened litigation that might
in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver
such PROJECT; and
BE IT FURTHER RESOLVED that APPLICANT authorizes its Executive Director,
General Manager, City Manager, or designee to execute and file an application with MTC for
REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution;
and
BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the
MTC in conjunction with the filing of the application; and be it further
BE IT FURTHER RESOLVED that the MTC is requested to support the application for
the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC's
federal TIP upon submittal by the project sponsor for TIP programming.
PASSED AND ADOPTED by the City Council of the City of Dublin, State of California, on
April 4, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.2.b
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RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
AFFIRMING COMPLIANCE WITH ASSEMBLY BILL 2135 - SURPLUS LAND ACT
WHEREAS, the San Francisco region has the highest housing costs in the United States;
and
WHEREAS, the Bay Area produced less than 30% of the need for low - and moderate-
income housing units from 2007-2014; and
WHERAS, there are limited funding sources available to secure land for the construction
of low- and moderate-income housing; and
WHERAS, public lands can play a critical role in increasing the supply of land for
affordable housing;
WHERAS, the Metropolitan Transportation Commission adopted Resolution No. 4202,
outlining the programming policy and project selection criteria for the O ne Bay Area Grant
Program (OBAG 2), including certain requirements to access these funds;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dublin, State
of California, as follows:
That the City of Dublin agrees to comply with the terms of Surplus Land Act - Assembly
Bill 2135 (California Government Code § 54220, et seq.), as exists now or may be amended in
the future.
PASSED AND ADOPTED by the City Council of the City of Dublin, State of California, on
April 4, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.2.c
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Request to Rename Sybase Drive to Park Place
Prepared by: William Lai, Assistant Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider a request from the property owners of 1 and 3 Sybase
Drive, formerly occupied by SAP, to change the name of the street name from Sybase
Drive to Park Place.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Renaming of Sybase Drive to Park Place.
FINANCIAL IMPACT:
There will be no financial impact to the City. Staff costs related to this street name
change as well as the removal and installation of new signage will be paid by the
applicant.
DESCRIPTION:
The previous occupant of 1 and 3 Sybase Drive, SAP (formerly Sybase), has vacated
the complex. Harvest Properties, representing the ownership, would like to re -position
the building and site. Part of that re-positioning is to change the street name, Sybase
Drive. Staff received an application from Harvest Properties for a street name change of
Sybase Drive to Park Place. Sybase Drive is a private roadway running north -south
between Dublin Boulevard and Central Parkway.
Section 7.08.070 of the Dublin Municipal Code states that, if all occupants on a street
consent in writing to the name change, the City Council may make such a change
without referral to the Planning Commission and without a Public Hearing. The request
for a street name change comes from the owner/occupant of the only two buildings on
the street and therefore meets the above criterion.
4.3
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Page 2 of 2
In order to change the name of a street, notice must be made to various agencies to
ensure that there are no similarly named streets in the area. Staff has provided a written
notice to the various agencies on January 6, 2017, and no objections were noted by the
agencies.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving the Renaming of Sybase Drive to Park Place
4.3
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RESOLUTION NO. - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING THE RENAMING OF SYBASE DRIVE TO PARK PLACE
WHEREAS, Harvest Properties has requested that the City rename Sybase Drive to Park
Place; and
WHEREAS, the street re-naming has been reviewed in accordance with the provisions of
the Dublin Municipal Code 7.08.070; and
WHEREAS, all occupants on the street have consented in writing to the change, making
it exempt from the Planning Commission and Public He aring Process pursuant to the Dublin
Municipal Code 7.08.070.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the request to rename Sybase Drive to Park Place .
PASSED, APPROVED AND ADOPTED this 4th day of April, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________________
Mayor
ATTEST:
_____________________________
City Clerk
4.3.a
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Arbor Day Proclamation 2017
Prepared by: Dan Stevenson, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will present a proclamation for Arbor Day, April 28, 2017.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Arbor Day is an annual observance that celebrates the role of trees in our lives and
promotes tree planting and care. It was first observed in 1872 in Nebraska with the
efforts of J. Sterling Morton, considered to be the founder of Arbor Day.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Arbor Day Proclamation
4.4
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A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Arbor Day – April 28, 2017”
WHEREAS, in 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside
for the planting of trees; and
WHEREAS, the holiday, called Arbor Day, was first observed with the planting of more than a million trees in
Nebraska; and
WHEREAS, Arbor Day is now observed throughout the nation and the world; and
WHEREAS, trees can reduce the erosion of precious topsoil by wind and water, lower heating and cooling costs,
moderate the temperature, clean the air, produce oxygen and provide habitat for wildlife; and
WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless
other wood products; and
WHEREAS, trees in the City of Dublin increase property values, enhance the economic vitality of business areas, and
beautify the community;
THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 28, 2017, as Arbor Day in
the City of Dublin and urges all citizens to support efforts to protect our trees and woodlands.
BE IT FURTHER RESOLVED that all citizens are urged to plant and care for trees to gladden the hearts and promote
the well-being of this and future generations.
DATED: April 4, 2017
______________________________ ______________________________
Mayor Haubert Vice Mayor Biddle
______________________________ ______________________________ ___________________________
Councilmember Gupta Councilmember Goel Councilmember Hernandez
4.4.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Park Wayfinding Signs - Approval of Design
Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider approval of park wayfinding sign designs for the Heritage
Park and Museums site and the Fallon Sports Park and Emerald Glen Park sites.
STAFF RECOMMENDATION:
Approve the design options presented for park wayfinding signs at Heritage Park and
Museums and for the Fallon Sports Park and Emerald Glen Park sites.
FINANCIAL IMPACT:
The project is proposed to utilize remaining construction contingency balances from
Fallon Sports Park (PK0414) and Emerald Glen Aquatic Complex (PK0105) projects as
well as a budgeted amount of $15,000 from Heritage Parks and Museums operations
account.
Bess Design - Approved Agreement $ 23,905
Estimated Cost to complete sign fabrication and installation $100,000
Total Project Estimate $123,905
DESCRIPTION:
Based on park user feedback, Staff found that there was a need to provide wayfinding
signs to improve the user experience at Dublin’s community parks. In November 2016
Staff solicited a Request for Proposals seeking professional services to complete the
design and layout of wayfinding signs at Heritage Park and Museums, Fallon Sports
Park and Emerald Glen Park. Once installed, the signs will orient pedestrians and
vehicles to the features and program areas found at each park.
After reviewing proposals from five firms, Staff selected Bess Design to complete the
design portion of the work. Bess Design was tasked with creating designs for the
Heritage Park and Museums site taking into accou nt the historic features and unique
4.5
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Page 2 of 2
character of the site. For Fallon Sports Park and Emerald Glen Park, a more universal
design approach was considered that could also be used for future community park
sites.
Between January and March 2017, Staff reviewed the sign designs as they were
developed. Included in Attachment #1 is the design that Staff recommends City Council
approve for each location. If the City Council approves the design options presented,
Bess Design will then develop detailed plans and specifications for project bidding with
installation anticipated in late-summer 2017.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Park Wayfinding Signs - Designs
4.5
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Attachment #14.5.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
First Amendment to the Agreement with Maze & Associates
Prepared by: Lisa Hisatomi, Assistant Administrative Services Director
EXECUTIVE SUMMARY:
The City's entered into a five-year agreement with Maze & Associates to perform audits
of the financial records through Fiscal Year 2015-16. The City would like to extend the
contract for one additional year to complete the financial audit for fiscal year ending
June 30, 2017.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a First Amendment to the Consulting Services
Agreement with Maze & Associates.
FINANCIAL IMPACT:
Total cost for the proposed engagement is $59,249; adequate funds are available for
the completion of the Fiscal Year 2016-17 financial audit.
DESCRIPTION:
Maze & Associates has been the City's independent audit firm for the last five years.
The firm was selected following a Request for Proposal (RFP) process in 2012. The
current agreement was established with a five-year term and the completion of the
Fiscal Year 2015-16 audit would conclude the original scope of services.
Typically, an audit engagement is proposed as a mul ti-year agreement due to the
intense data collection required at the outset of working with a new client. The
Administrative Services Staff is currently in the planning stage of a new RFP for future
years’ financial audits. Due to the time constraint of t he RFP process, Staff is seeking
the City Council’s approval for a one-year contract extension with Maze & Associates.
The one-year extension would allow the City to complete the Fiscal Year 2016 -17 audit
and then conduct an RFP in advance of the audit fo r Fiscal Year 2017-18.
4.6
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Page 2 of 2
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving a First Amendment to Consulting Services Agreement with
Maze & Associates
2. Exhibit A to the Resolution - First Amendment to the Agreement
4.6
Packet Pg. 38
RESOLUTION NO. XX - 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING A FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH
MAZE & ASSOCIATES
WHEREAS, On April 17, 2012, the City engaged Maze & Associates (hereinafter referred
to as “Consultant”) to perform consulting services to conduct and prepare financial audit reports;
and
WHEREAS, the existing Agreement will expire at the completion of the fiscal year 2015 -
16 audit; and
WHEREAS, the City and the Consultant mutually desire to extend the Term of Services
for a period of one year expiring at the completion of the fiscal year 2016-17 audit; and
WHEREAS, in consideration for the extended term, City and Consultant mutually desire
to increase Compensation to a sum not to exceed fifty nine thousand two hundred forty nine
($59,249).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Agreement with Maze & Associates to perform audit
services, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the first
Amendment to the Agreement.
PASSED, APPROVED AND ADOPTED this 4th day of April, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.6.a
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Removal of Parking Restrictions along Two Sections of Lockhart Street
Prepared by: William Lai, Assistant Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider removing parking restrictions along two 140’ sections of
Lockhart Street. These changes are recommended to provide additional parking for
adjacent residential neighborhoods, accom modate potential parking overflow from
Fallon Sports Park, and increase drop off areas for Kolb Elementary School.
STAFF RECOMMENDATION:
Adopt the Resolution Amending the Dublin Traffic Code Removing Parking
Regulations along Two Sections of Lockhart Street.
FINANCIAL IMPACT:
The cost to remove 280’ of red curb and perform minor roadway marking modifications
can be accommodated in the Fiscal Year 2016-2017 Street Maintenance Operating
Budget.
DESCRIPTION:
Staff conducted a field review of parking rela ted to school, recreational and residential
impacts in the area around Kolb Elementary and Fallon Sports Park. Parking spaces in
the area were often fully occupied. During the field review, Staff found opportunities to
provide additional parking in the area by removing existing parking restrictions along
two sections of Lockhart Street. These two sections have adequate roadway width to
accommodate parking while maintaining clearance for emergency vehicles. The
proposed action would provide additional overflow parking for the adjacent
neighborhood, Fallon Sports Park and additional parking or pick -up and drop-off areas
near Kolb Elementary School.
With the construction of Fallon Sports Park Phase 2, parking demand from park users
could increase along Lockhart Street. During large events at the park, there is a
4.7
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Page 2 of 2
potential that parking demand could exceed the parking supply in the on -site parking
lots. Providing additional spaces along Lockhart Street would discourage park users
from parking in the adjacent residential neighborhoods.
There is an existing loading zone along the west side of Lockhart Street south of
Palermo Way, however, the number of motorists picking up and dropping off children at
Kolb Elementary School often exceed the amount available space s. This action would
provide additional space for parking, pick up or drop off, improving traffic circulation in
the area.
Should City Council approve the resolution (Attachment 1), minor roadway marking
modifications along Lockhart Street would be made. Parking stall markings would also
be added to these areas to better organize parking.
A location map (Attachment 2) is attached for reference.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the Staff Report has been sent to a representative of the adj acent
homeowner’s association and to Dublin Unified School District.
ATTACHMENTS:
1. Resolution Amending the Dublin Traffic Code Removing Parking Regulations along
Two Sections of Lockhart Street
2. Location Map
4.7
Packet Pg. 44
C:\users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\1933.doc
RESOLUTION NO. __– 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
AMENDING THE DUBLIN TRAFFIC CODE REMOVING PARKING REGULATIONS ALONG
TWO SECTIONS OF LOCKHART STREET
WHEREAS, on-street parking is currently not allowed along both sides of Lockhart Street
from Gleason Drive to Palermo Way; and
WHEREAS, it is important to provide additional parking and improve traffic flow near
Lockhart Street; and
WHEREAS, it is important to provide additional parking, pick-up, and drop-off areas to
improve traffic flow and circulation around Kolb Elementary School; and
WHEREAS, parking demand is anticipated to increase with the expansion of Fallon
Sports Park; and
WHEREAS, Lockhart Street is wide enough to accommodate vehicle parking along two
sections of the street, while also providing adequate access for regular traffic and emergency
vehicles.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin
hereby adopts the following parking regulation:
Section 1: The following language shall be deleted from Section 6.28.010 (“No
Parking Zones: Designated”) of the City of Dublin Traffic Code:
Lockhart Street
On the westerly curbline from the prolongation of the southerly curbline of Gleason Drive, to the
prolongation of the northerly curbline of Central Parkway except on the westerly curbline from a
point 91 feet south of the prolongation of the southerly curbline of Palerm o Way, southerly a
distance of 600 feet during the hours of 7:30 AM to 9:00 AM and 1:30 PM to 3:30 PM on school
days only.
On the easterly curbline from the prolongation of the southerly curbline of Gleason Drive, to the
prolongation of the northerly curbline of the Fallon Sports Park entrance
Section 2: The following language shall be added to Section 6.28.010 (“No Parking
Zones: Designated”) of the City of Dublin Traffic Code :
Lockhart Street
On the westerly curbline from the prolongation of the southerly curbline of Gleason Drive to the
northerly curbline of Palermo Way except from a point 35 feet north of the prolongation of the
northerly curbline of Palermo Way northerly a distance of 140 feet.
4.7.a
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C:\users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\1933.doc
On the westerly curbline from the prolongation of the northerly curbline of Central Parkway to
the southerly curbline of Palermo Way except from a point 91 feet south of the prolongation of
the southerly curbline of Palerm o Way, southerly a distance of 600 feet during the hours of 7:30
AM to 9:00 AM and 1:30 PM to 3:30 PM on school days only.
On the easterly curbline from the prolongation of the southerly curbline of Gleason Drive to the
northerly curbline of Fallon Sports Park entrance except from a point 30 feet south of the
prolongation of the southerly curbline of Gleason Drive southerly a distance of 140 feet.
PASSED, APPROVED AND ADOPTED this 4th day of April, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
___________________________________
City Clerk
4.7.a
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Kolb Elementary SchoolKolb Elementary School
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Removal of Parking Restrictions
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Removal of 140’ of
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Existing No-Parking
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4.7.b
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Bike Month and Bike to Work Day Proclamation
Prepared by: Rebecca Parnes, Environmental Technicia n
EXECUTIVE SUMMARY:
During National Bike Month, a series of regional events such as Bike to Work Day are
organized by Bike East Bay and numerous other agencies, including the City of Dublin,
to promote bicycling as an alternative mode of transportation .
STAFF RECOMMENDATION:
Proclaim the month of May as “Bike Month” and May 11th as “Bike to Work Day” in the
City of Dublin.
FINANCIAL IMPACT:
The Fiscal Year 2016-17 budget includes $4,800 to cover the costs related to National
Bike Month activities including Bike to Work Day events and advertising. The total
National Bike Month budget is funded by Measure B Bicycle/Pedestrian Funds.
DESCRIPTION:
Bike to Work Day (BtWD) is a one-day annual regional event held to encourage the use
of alternative modes of transportation during the commute to work by the Bay Area
workforce. Entering its 23rd year in Alameda County, BtWD will be held on Thursday,
May 11, 2017 and is organized by Bike East Bay. “Energizer Stations” will be set up in
strategic locations throughout the region to provide bike commuters with refreshments
and giveaways.
The City provides a financial contribution of $2,500 to Bike East Bay for events and
activities related to Bike to Work Day. As a result of the sponsorship, the City of Dublin’s
logo will appear on regional promotional posters and T -shirts to be given away at
“Energizer Stations.” Additionally, the City’s funding contributes towards Bike East
Bay’s promotions for cycling in daily life with a regional ad campaign which appears o n
buses, billboards, bus shelters, and on the Internet. The City’s sponsorship also
contributes funding for Bike to School Day activities in Dublin.
4.8
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Page 2 of 2
On BtWD, the City of Dublin will help host an “Energizer Station” from 7:00 a.m. to 9:00
a.m. at the East and West Dublin/Pleasanton BART stations. Refreshments, giveaways,
and informational brochures will be given to commuters who commute via bicycle on
that day. Bicyclists will also have the opportunity to enter their name in a drawing for
prizes donated by businesses throughout the Tri-Valley. A limited number of BtWD T-
shirts will be given out at the “Energizer Stations” on a first -come, first-serve basis.
In addition to BtWD, Dublin also hosts several other bike -related events before and
during National Bike Month. All events taking place in Dublin are free to both Dublin
residents and non-residents.
Bike Month activities will include the following:
Bike to Work Month Challenge - Dublin businesses will be encouraged to register
their business in a month long bike to work challenge to encourage bicycle
commuting the entire month of May, not just on Bike to Work Day. Participants
will track their commutes and compete against companies throughout the Bay
Area.
Bike to School - It is anticipated that all Dublin Unified School District (DUSD) will
be participating in Bike to School Day. Students will receive giveaways and
refreshments on these days.
Community Bike ride co-sponsored by the cities of Dublin and Pleasanton that
will lead participants along local trails through both cities on May 21st.
Dublin’s Bike to the Market Day will take place at the Dublin Farmers' Market at
Emerald Glen Park. Cyclists who visit the City-sponsored booth on that day will
receive $5 in “Carrot Cash” for market. The event will start at 4:00pm on May 25.
The cities of Dublin, Pleasanton and Livermore are jointly hosting a drawing for
cyclists who participate in any of the bicycling events around National Bike
Month. Local businesses have contributed a number of prizes to the drawing.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
City staff will work with Bike East Bay to prepare and distribute press releases regarding
National Bike Month, Bike to Work Day, and related events to local media. Information
on these events will also be posted on the City’s website. Posters promoting Bike to
Work Day will also be displayed at partnering businesses throughout the Tri-Valley.
ATTACHMENTS:
1. 2017 Proclamation
4.8
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A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN CALIFORNIA
“Bike Month and Bike to Work Day”
WHEREAS, the City of Dublin acknowledges that cycling is a successful rideshare mode to alleviate traffic congestion, reduce
air pollution, and decrease fuel consumption, and that bike-to-work days are effective in converting drivers into bicyclists,
educating citizens about the environmental value of biking to work regularly, and promoting the health benefits of cycling; and
WHEREAS, the League of American Bicyclists has declared the Month of May as National Bike Month; and
WHEREAS, the City of Dublin Public Works Department has scheduled events to promote bicycling throughout May, including a
Bike to Work Month Challenge, a Bike to School Day/Week, Bike to the Market Day, a Community Bike Ride and other activities;
and
WHEREAS, Bike East Bay along with other regional and local sponsors are promoting Thursday, May 11th as Bike to Work Day
in the San Francisco Bay Area;
WHEREAS, on May 11th, the cities of Dublin and Pleasanton, Hacienda, Dublin Cyclery, Alameda County Public Works
Agency, and REI Dublin are hosting Energizer Stations at both the East and West Dublin/Pleasanton BART stations, to greet and
reward bicyclists with refreshments and sponsored giveaways.
NOW, THEREFORE, BE IT RESOLVED, that I, David Haubert, Mayor of Dublin, on behalf of the entire City Council, do
hereby proclaim the Month of May as “Bike Month” and May 11th as “Bike to Work Day” in the City of Dublin, and I call upon
all citizens and civic organizations to consider bicycling throughout the month, to get registered to win great prizes, and to visit
the Dublin Energizer Stations on Bike to Work Day. DATED: April 4, 2017
Mayor Haubert Vice Mayor Biddle
Councilmember Goel Councilmember Gupta Councilmember Hernandez
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Mayor's Recommendation for Appointment to the Heritage and Cultural
Arts Commission
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider the Mayor’s recommendation for appointment to fill an
unscheduled vacancy on the Heritage and Cultural Arts Commission.
STAFF RECOMMENDATION:
Confirm the Mayor’s recommendation of appointment to the Heritage and Cultural Arts
Commission, or provide other appropriate direction.
FINANCIAL IMPACT:
None.
DESCRIPTION:
An unscheduled vacancy on the Heritage and Cultural Arts Commission recently
occurred due to a Commission member resignation. The vacancy was posted and
applications were accepted. Mayor Haubert has since reviewed submitted applications
and is recommending Georgean Vonheeder Leopold to a two -year term on the Heritage
and Cultural Arts Commission, with the term expiring in December 2018.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Georgean Vonheeder-Leopold Heritage and Cultural Arts Commission Application
4.9
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NAME
ADDRESS
E -MAIL
HERITAGE & CULTURAL ARTS COMMISSION
APPLICATID1
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Commission?
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2. Please hst any current; recent me erships in arts, culture or heritage
organizations.
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boards or commissions?
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why?
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best interest of the community?
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SIGNATURE `",,(`_ ZF , ;- L LC__CGCE'r OCC PATION
Pleaseturn this completed form to: Caroline Sc
Dubli , CA 94568, or electronically to caroline.soti
Tuesday, February 21, 2017 at 5:00 p.m. Postmarks
City Clerk, 100 Civic Plaza,
ublin.ca . by no later than
not be accepted.
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Resolution Declaring Intention to Consider Authorizing Changes For
Improvements Financed Through Community Facilities District 2015-1
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
On June 2, 2015, the City Council adopted the Resolution of Formation (Reso 96 -15),
establishing Community Facilities District (CFD) No. 2015-1 (Dublin Crossing). The new
resolution proposed with this report would add language to Exhibit A of the Resolution
of Formation that would preserve eligibility for financing the CFD any items which
become the subject of a written agreement betwe en the Developer and the applicable
public agency if such items are moved from the “fees” category to the “improvements”
category (or vice versa), without the need to return to the City Council to undertake
further change proceedings of this same technical nature.
STAFF RECOMMENDATION:
Adopt the Resolution Declaring Intention to Consider Authorizing Changes to the
Capital Facilities and Capital Facilities Fees Which May Be Financed Under Prescribed
Conditions.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On June 2, 2015, the City Council adopted Resolution No. 96-15, a “Resolution of
Formation,” by which CFD No. 2015-1 (Dublin Crossing) was established. The capital
improvements and capital facility impact fees which are eligible for financing by special
taxes and bond proceeds of CFD No. 2015-1 are set forth in Exhibit A to the Resolution
of Formation (the “Existing Exhibit A”).
The contents of Existing Exhibit A (Attachment 1 to this report) were derived from the
Development Agreement respecting the developm ent of the land within CFD No. 2015-
1. Dublin Crossing, LLC, the developer of the project, and the City are currently in
discussions which may result in an amendment to the Development Agreement to
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Page 2 of 2
provide that the Developer will build a City park which, a t the time of formation of CFD
No. 2015-1 and as set forth in Existing Exhibit A, was to be built by the City with funding
from CFD No. 2015-1 in the form of a “City-Imposed Impact Fee.” The sole purpose of
these change proceedings is to add language to Existing Exhibit A, that will preserve
eligibility for financing by the CFD for any items which become the subject of a written
agreement between the Developer and the applicable public agency (the City, DSRSD
or Zone 7) pursuant to which such items are moved from the “fees” category to the
“improvements” category (or vice versa), without the need to return to this City Council
to undertake further change proceedings of this same technical nature.
Attachment 2 to this report is a Resolution that includes the new Exhibit A.
No other changes to CFD No. 2015-1 are being made at this time.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Existing Exhibit A to Resolution 96-15
2. Resolution Declaring Intention to Consider Authorizing Changes; and Exhibit A
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EXHIBIT A
DESCRIPTION OF AUTHORIZED CFD PUBLICIMPROVEMENTS
A. City PublicCapital Improvements
1. BackboneStorm Drainage
2. Backbone Street Improvements
3. MasterLandscaping, Fencing and Signage on Public Property, Including
Public Easements and Rights-of-Way
B. City-Imposed Impact Fees
1. Fire Impact Fees
2. Freeway Interchange Fees
3. Public Art In-Lieu Fees
4. Residential Traffic Impact Fees—Eastern Dublin Fee
5. DevelopmentAgreement Fees:
a. ACSPA Contribution
b. Iron Horse Trail Bridge Contribution
c. Park Construction Payment
C. Dublin San Ramon Services District (DSRSD)
1. Capital Improvements
a. Backbone Sanitary Sewer
b. Backbone Domestic Water
c. BackboneReclaimed Water
2. DSRSD Impact Fees
a. Water System Connection Fees
b. WaterMeter Assembly Fees
c. Wastewater Impact Fees
D. Zone 7
1. Capital Improvements
a. Backbone Storm Drainage
2. Zone 7 Impact Fees
a. Water Connection Fees
b. Drainage Assessment Fees (Impervious Surface)
A-1
Attachment 1 - Existing Exhibit
A to Resolution 96-15
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E. Private Utility Facilities
1. Natural Gas Distribution
2. Electrical Distribution
3. Telephone
4. Cable Television
5. Other Private Utility Facilities as Authorized by the Act
A-2
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
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)
WHEREAS, this City Council (this "City Council") of the City of Dublin (the "City")
has, by its Resolution No. 96-15, adopted on June 2, 2015 (the “Resolution of Formation”),
concluded its legal proceedings pursuant to the Mello-Roos Community Facilities Act of 1982
(Sections 53311 and following, California Government Code) (the “Act”) to establish a
community facilities district known as “Community Facilities District No. 2015-1 (Dublin
Crossing), City of Dublin, County of Alameda, State of California” (“CFD No. 2015-1”); and
WHEREAS, CFD No. 2015-1 was established for the purpose of financing a portion of
the cost and expense of certain authorized public and private utility capital improvements and
certain authorized capital improvement fees (collectively, the “Authorized CFD Public
Improvements”), together with related incidental expenses of the authorized capital
improvements and the legal proceedings for formation of CFD No. 2015-1; and
WHEREAS, the Authorized CFD Public Improvements are described in Exhibit A to the
Resolution of Formation (“Existing Exhibit A”); and
WHEREAS, the obligation to construct and install the capital improvements and to pay
the capital facility fees described in Existing Exhibit A is imposed upon the developer of
property within CFD No. 2015-1 pursuant to a Development Agreement, dated November 19,
2013 (the “Original Development Agreement”), between Dublin Crossing Venture LLC (the
“Original Developer”) and the City; and
WHEREAS, the Original Development Agreement has been twice amended, and all
references hereafter in this resolution to the Development Agreement shall be deemed to refer to
the Original Development Agreement, as amended from time to time.
WHEREAS, Dublin Crossing, LLC (the “Developer”) has since succeeded the Original
Developer to all of the rights, duties and obligations of the Original Developer under the
Development Agreement pursuant to an assignment and assumption agreement, with the express
written approval of the City Manager of the City; and
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WHEREAS, the City and the Developer (the “Parties”) are in discussions to consider
and may in the future have further discussions to consider certain changes to the obligations of
the Developer under the Development Agreement or any other written agreement between the
Parties with respect to the items listed in Existing Exhibit A as “City Public Capital
Improvements” and “City-Imposed Impact Fees,” which discussions may lead to a written
agreement between the Parties to (a) have the Developer construct all or a portion of the capital
improvements which are to be financed with the corresponding impact fee, (b) have the
Developer pay an impact fee to finance all or a portion of the corresponding capital improvement
or (c) add or delete one or more items to the list of either “City Public Capital Improvements” or
“City-Imposed Impact Fees” so as to make such items eligible (if added) or ineligible (if deleted)
for financing by CFD No. 2015-1; and
WHEREAS, with respect to the capital improvements and impact fees for Dublin San
Ramon Services District (DSRSD) and Zone 7, as set forth in Item C (DSRSD) and Item D
(Zone 7) of Existing Exhibit A, the Developer may in the future enter into one or more written
agreements leading to changes to the respective items pertaining to DSRSD or Zone 7 as
described in the foregoing recital paragraph pertaining to the City capital improvements and
impact fees; and
WHEREAS, Existing Exhibit A is proposed to be modified as set forth in Exhibit
A to this Resolution (the “New Exhibit A”) so as to provide for the continued eligibility of items
moved from one category (improvements or fees) to the other, for the eligibility of items added
to either category, and for the ineligibility of items deleted from either category, in each case
supported by a written agreement between the Developer and the affected public entity, without
the requirement for further change proceedings by this City Council; and
WHEREAS, the Act requires, as a condition to ordering the modification of Existing
Exhibit A to read as set forth in the New Exhibit A, that proceedings for consideration of the
proposed change be undertaken as prescribed by Section 53331 and 53334 through 53338,
inclusive;
WHEREAS, this City Council wishes by this Resolution to initiate the required
proceedings to consider the proposed modification of Existing Exhibit A to read as set forth in
the New Exhibit A.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Dublin hereby finds, determines and resolves as follows:
Section 1. In conformity with the provisions of Section 53331 of the Act, this City
Council finds, determines and declares that the public convenience and necessity require the
modification of Existing Exhibit A to read as set forth in New Exhibit A.
Section 2. These change proceedings are being conducted with respect to CFD No.
2015-1. The territory included in CFD No. 2015-1 is all that certain real property within the
boundary of CFD No. 2015-1 as shown on the boundary map (the “Boundary Map”) recorded on
May 4, 2015, in Book 18 of Maps of Assessment and Community Facilities Districts, at page 61,
as Document No 2015118036, in the official records of the County Recorder of the County of
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Alameda, subject to addition to such territory by annexation from time to time of all or any
portion of the property designated on the Boundary Map as “Future Annexation Area.”
Section 3. The changes to Existing Exhibit A would not presently change the lists of
items of either capital improvements or capital improvement fees eligible for financing by CFD
No. 2015-1 but would, instead, retain eligibility for such financing if an item is moved, in whole
or in part, from one list to the other and would further establish eligibility or ineligibility, as the
case may be, for such financing for any item later added to or deleted from either list, as
provided by any written agreement between the Developer and the affected public entity. Except
for the changes to Existing Exhibit A as set forth in the New Exhibit A, no other changes are
being made with respect to CFD No. 2015-1, including but not limited to any of the five separate
instruments known as the “rate and method of apportionment of special tax,” set forth as Exhibits
B through F, inclusive, of the Resolution of Formation.
Section 4. This City Council hereby fixes Tuesday, May 16, at 7:00 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber in the Dublin Civic Center,
100 Civic Plaza, Dublin, California, as the date, time and place for a public hearing to consider
the proposed change to Existing Exhibit A, which would authorize the modification of the lists of
capital facilities and capital facilities fees eligible for financing by CFD No. 2015-1 under certain
prescribed conditions.
Section 5. In conformity with Section 53335 of the Act, the City Clerk is hereby
authorized and directed to cause the publication of a notice of hearing, containing the matters
specified by said Section 53335, one time in a newspaper in general circulation in the area of
CFD No. 2015-1, said publication to occur no later than seven days prior to the date of the public
hearing. In addition to published notice, the City Clerk is authorized to provide for mailed notice
of hearing by first-class mail, postage prepaid, in accordance with Section 53322.4 of the Act, to
each landowner within the boundary of CFD No. 2015-1, which mailed notice shall contain the
same information as is required to be contained in the published notice.
Section 6. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 4th day of April, 2017, by the following vote:
AYES: Council Members ________________________________________
NOES: Council Members ________________________________________
ABSENT: Council Members ________________________________________
ABSTAIN: Council Members ________________________________________
ATTEST: ____________________________________
Mayor
__________________________________
City Clerk
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A-1
EXHIBIT A
DESCRIPTION OF AUTHORIZED CFD PUBLIC IMPROVEMENTS
A. City Public Capital Improvements
1. Backbone Storm Drainage
2. Backbone Street Improvements
3. Master Landscaping, Fencing and Signage on Public Property, Including
Public Easements and Rights-of-Way
B. City-Imposed Impact Fees
1. Fire Impact Fees
2. Freeway Interchange Fees
3. Public Art In-Lieu Fees
4. Residential Traffic Impact Fees – Eastern Dublin Fee
5. Development Agreement Fees:
a. ACSPA Contribution
b. Iron Horse Trail Bridge Contribution
c. Park Construction Payment
C. Dublin San Ramon Services District (DSRSD)
1. Capital Improvements
a. Backbone Sanitary Sewer
b. Backbone Domestic Water
c. Backbone Reclaimed Water
2. DSRSD Impact Fees
a. Water System Connection Fees
b. Water Meter Assembly Fees
c. Wastewater Impact Fees
D. Zone 7
1. Capital Improvements
a. Backbone Storm Drainage
2. Zone 7 Impact Fees
a. Water Connection Fees
b. Drainage Assessment Fees (Impervious Surface)
4.10.b
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A-2
Notwithstanding the foregoing lists, in the event that Dublin Crossing, LLC, or any
landowner of any portion of the land within CFD No. 2015-1 which is responsible for the
construction of any of the listed improvements or payment of any of the listed fees enters into
a written agreement with the City, DSRSD or Zone 7, as the case may be, to move all or any
portion of any of the improvements or impact fees listed above from one category to the
other, the subject improvements or impact fees shall remain eligible for financing by CFD
No. 2015-1 without the requirement of City Council action to authorize such change.
Without limiting the generality of the foregoing, if, for example, the City and Dublin
Crossing, LLC (the “Parties”), enter into a written agreement (including but not limited to an
agreement amending the Development Agreement between the Parties) pursuant to which the
Parties agree that Dublin Crossing, LLC, will construct the City park referenced as Item
B(5)(c) above, then that City park shall be eligible for financing by CFD No. 2015-1 as a
City Public Capital Improvement.
Similarly, in the event of a written agreement to add any additional improvements or impact
fees to those listed shall make such improvements or impact fees eligible for financing by
CFD No. 2015-1, and in the event of a written agreement to delete any improvements or
impact fees from those listed shall make such improvements or impact fees ineligible for
such financing, in each case without the requirement of City Council action to authorize such
change.
2795871.1
4.10.b
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Weed and Combustible Refuse Abatement Order
Prepared by: Bonnie S. Terra, Division Chief/Fire Marshal
EXECUTIVE SUMMARY:
In accordance with Resolution 10 -17 (adopted February 7, 2017), the City Council
declared that there is a public nuisance created by weeds and combustible debris
growing and accumulating upon the streets, sidewalks and property within the City.
Notice of this declaration was posted and letters sent to those property owners with
violations.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and, by motion, direct Staff to continue the weed
abatement process.
FINANCIAL IMPACT:
Initial cost of abatement and administration fee will be billed to the property owners if
they fail to abate the problem. There will be not net cost to the City.
DESCRIPTION:
In accordance with Resolution No. 10 -17 (Attachment 1), the City Council declared that
there is a public nuisance created by weeds and combustible debris growing,
accumulating upon the streets, sidewalks and property within the City of Dublin. With
this declaration, the Fire Chief or his designee shall notify property owners of violations
and order abatement without delay. If ye abatement is not completed, the City of Dublin
shall, at the expense of the owners, have the weeds or refuse removed.
The declaration of a hazard was approved by the City Council on February 7 , 2017.
Following that approval, notice was posted (Attachment 2) as well as an abatement
Notice to Destroy or Remove Weeds and Refuse. This year, 335 inspections were
conducted during the week of March 13, 2017 and 212 notices were sent to property
owners during the week of March 20, 2017 (Attachment 3) advising them to abate the
6.1
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hazard.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the Valley Times and
posted at several locations throughout the City. The staff report and attachments were
made available for public review 10 days prior to the public hearing.
ATTACHMENTS:
1. Resolution No. 10 - 17
2. Notice to Destroy
3. Letter (Template) to Subject Property
6.1
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6.1.a
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DAVID A. ROCHA
Fire Chief
March 22, 2017
«Mail_to_COMPANY»
«Property_Owner»
«Mail_to_ADDRESS»
«Mail_to_CITY_STATE_ZIP»
SUBJECT PROPERTY
«Parcel_No»
«Street_» «Street_Name»
The above subject property was inspected the week of March 13, 2017 and determined
to be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The
Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or
other nuisances, before they become a hazard. The Ordinance applies to violations
anywhere on the property, whether in an open field, front yard, enclosed side yard, or
rear yard. A copy of the removal requirements is enclosed for your reference.
By checking your property now and eliminating any hazards, you can avoid possible
enforcement action and any related fees. Abatement shall be in accordance with the
enclosed removal requirements.
The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 4,
2017 to hear and consider objections to this abatement order.
The Fire Prevention division will re-inspect your property on or after April 17, 2017 to
verify compliance. If there are no violations noted, there will be no further notices or
inspections required.
Failure to abate your property may ultimately result in a City of Dublin contractor abating
your property and an additional administrative fee being added to the contractor’s cost.
If it becomes necessary to place a levy on your property to recover unpaid fees, there
may also be an additional charge.
Remember, to avoid any charges or a citation, all weeds and debris must be removed by
the above listed date and maintained throughout the year.
Your cooperation is appreciated, and we thank you for your efforts in maintaining a fire
safe community.
If you have any questions regarding this notice, please contact the Alameda County Fire
Department, Dublin Fire Prevention Division at (925) 833-6606.
Enclosure
Attachment 3
6.1.c
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Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Development Agreement Extension for the Dublin Gateway Medical
Center
Prepared by: Marnie Delgado, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider a request to extend 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 and adopted a Resolution
recommending that the City Council adopt an Ordinance approving the extension.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading and INTRODUCE 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.
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 project 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.
6.2
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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.
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 (Attachment 1). The
Development Agreement is set to expire on July 6, 2017 unless extended before that
time.
The Applicant is requesting to extend the Development Agreement for up to five years
(Attachment 2).
6.2
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Page 3 of 4
Figure 2. Dublin Gateway Medical Center: 2007 Approval
Figure 3 – Dublin Gateway Medical Center Hospital
ANALYSIS:
Following is an overview of the terms of the proposed amendment to the Development
Agreement:
1. Developer will contribute $200,000 a year for each year the Developer desires to
6.2
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extend the Agreement;
2. Developer may request annual extensions for no more than five years;
3. Developer may submit payment for the first year extension in quarterly payments
of $50,000; and
4. Failure to make a payment would result in termination of the Agreement.
Pursuant to Chapter 8.56 (Development Agreements Regulations) of the Dublin Zoning
Ordinance, a Development Agreement requires a public hearing before the Planning
Commission. The Planning Commission is required to review the request and make a
recommendation to the City Council. On March 14, 2017, the Planning Commission
held a public hearing and adopted Resolution 17 -02 recommending City Council
adoption of an Ordinance approving the Development Agreement e xtension
(Attachment 3). A draft Ordinance approving the amendment to the Development
Agreement is included as Attachment 4 to this Staff Report.
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.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was mailed to all property owners and
occupants within 300 feet of the Project location to advertise the Project and the
upcoming public hearing. A public notice also was published in the East Bay Times and
posted at several locations throughout the City. A copy of this Staff Report has been
provided to the Applicant and posted on the City’s website.
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 Recommending Adoption DGMC DA
Extension
4. Draft City Council Ordinance
5. Exhibit A - Amendment # 1 to Dublin Gateway Medical Center Development
Agreement
6.2
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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
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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)
6.2.a
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Exhibit A
Legal Description of the Property
Dublin/Triad Dublin Gateway, L.P. Development Agreement
For the Dublin Gateway Medical Center Project-EXHIBIT A
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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
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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
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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
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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
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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
6.2.a
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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
6.2.a
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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
6.2.a
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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
6.2.a
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6.2.b
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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:
6.2.c
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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 Appr oval 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 Genera l 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:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
6.2.c
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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.
6.2.d
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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.
6.2.d
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2017, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
6.2.d
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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)
6.2.e
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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:
6.2.e
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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]
6.2.e
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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
6.2.e
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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.]
6.2.e
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Naming of Dublin Library Room
Prepared by: Andrew Freeman Jr., Business Services Manager
EXECUTIVE SUMMARY:
The City Council will consider a request from the Alameda County Library to name the
recently completed Center for 21st Century Skills in the Dublin Library as the Virginia S.
Bennett Room.
STAFF RECOMMENDATION:
Consider approval of the Virginia S. Bennett Room, as the name for the Center for 21st
Century Skills within the Dublin Library.
FINANCIAL IMPACT:
Costs will not exceed $2,000 and include name plates for the room and potential
signage installation. These costs will be paid from the City’s operating budget for Parks
and Community Services.
DESCRIPTION:
On February 21, 2017, the City Council asked Staff to bring back an item in response to
a request from the Alameda County Library to name the new Center for 21st Century
Skills at the Dublin Library after Virginia Bennett. The 1,400 square-foot library
expansion space was completed in 2016 and accepted by the City Council on January
10, 2017.
The Dublin Public Library opened in April 2003. The City owns the Library building and
through an operational agreement, started in October 2002, library related services are
provided by the Alameda County Library on behalf of the City. The Dublin Library is
open 51 hours per week with the City funding 23 hours and the Alameda County
funding 28 hours.
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Mrs. Virginia Smith Bennett (1909-2000) was Dublin Library’s first Children’s Librarian
and Branch Manager. Mrs. Bennett started her Dublin Library career in 1965. During
her 14 years of service in Dublin (1965 to 1979) she championed the gr owth of the
Library from the 2,240 square foot “Little Dublin” on Vomac Road to “Big Dublin,” a
6,200 square foot leased facility located on Village Parkway, to “Deluxe Dublin,” the first
permanent facility built on Amador Valley Boulevard. In addition to enhancing library
space for Dublin residents, Mrs. Bennett alongside the Friends of the Dublin Library
helped the passage of Measure N in 1974, which established a special tax to support
the construction of the library on Amador Valley Boulevard, which opened in 1979.
Through this change the Dublin Library’s volume of books, periodical and audio -visual
materials grew from 5,000 pieces housed at “Little Dublin” to 50,000 pieces at “Deluxe
Dublin.”
In 1977, Mrs. Bennett was named Dublin’s Citizen of t he Year. Mrs. Bennett’s
contributions leading to this award included the permanent library building on Amador
Valley Boulevard and her work on Dublin’s local history through the publishing of Dublin
Reflections. Mrs. Bennett was a founding member of the Dublin Historical Preservation
Association and a key supporter in preserving many of the historic properties located at
the Dublin Heritage Park.
The Alameda County Library and the Dublin Historical Preservation Association (DHPA)
fully support the proposal to name the room, the Virginia S. Bennett Room.
The 1,400 square-foot room merges traditional library services/programming with the
power of digital learning tools. The room is equipped with a video interfacing wall
promoting a wide range of new media applications, a sound system, and other
hardware such as laptops, wireless internet devices and an audio visual rack
management system supporting computer-based classes and other public-based
service opportunities. The Alameda County Library is responsible for policies and use
of the room and exhibit areas, including exhibits in the common areas.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Study Session: Fiscal Year 2017-18 Budget Update
Prepared by: Colleen Tribby, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will review the Fiscal Year 2017 -18 Budget Update, focusing on the
General Fund. This is the second year of the City's two-year budget, thus the report
highlights changes from budget numbers presented to the City Council in June 2017.
Changes to the Five-Year Capital Improvement Program are also noted herein, and an
update on Staff's progress towards the City Council's fiscal sustainability initiative is
included. There are no significant budget changes in other funds.
STAFF RECOMMENDATION:
Receive the report and provide direction to Staff related to the Budget Hearing
scheduled for May 16, 2017.
FINANCIAL IMPACT:
The Budget Update results in an increase to revenues of $4,242,875 and an increase to
expenditures of $1,821,342 in the General Fund, over the prior year projection. Total
General Fund reserves are projected at $115,657,803, an increase of $6,375,288, over
Fiscal Year 2016-17.
DESCRIPTION:
The City of Dublin utilizes a biennial budget process, in which a comprehensive budget
document is prepared that establishes high-level priorities and specific departmental
goals for a two-year period. The second year of the cycle is the “Update” year, in which
projections are revised and significant changes highlighted, while the original document
continues to serve as the guiding financial plan.
In analyzing the Fiscal Year 2017-18 Preliminary Budget, referred to in this report as the
“Budget Update,” Staff is comparing the updated numbers to the numbers provided in
June 2016. As in prior years, this report focuses on the General Fund, as there are no
major budgetary changes in other funds. This report discusses updates to the City’s
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major revenue categories reflecting the most recent information, refines expenditure
projections, and highlights changes to the Five-Year Capital Improvement Program. It
also updates the City Council on the progress being made toward the goal of fiscal
sustainability.
High Level Summary
The Budget Update (Attachment 1) projects an operating surplus in the General Fund
(revenues less expenditures) of $8,815,917, which is $2,421,533 (37.9%) higher than
the prior projection. Revenues increased $4,242,875 over the projection, due primarily
to higher property tax and development-related revenue, but also to incorporating gains
in transient occupancy tax and interest income that the City continued to experience into
the current year. Expenditures increased $1,821,342 over prior projections: those
changes are explained in the section below.
Forecast
2017-18
Update
2017-18
$
Change
%
Change
Revenue 79,538,966$ 83,781,841$ 4,242,875$ 5.3%
Expenditures (73,144,582)$ (74,965,924)$ (1,821,342)$ 2.5%
Operating Impact 6,394,384$ 8,815,917$ 2,421,533$ 37.9%
The following is a summary of the net changes reflected in the Budget Update as
compared to the Fiscal Year 2017-18 Forecast (+/- $200,000):
Revenue Changes
Property Tax - Increased $1,001,790
The current budget was adjusted upwards $9 05,876 in the first quarter to account for
higher-than-anticipated growth in citywide assessed values (AV). That growth has been
carried into Fiscal Year 2017-18, and added to a revised estimate of the restoration of
AV previously reduced via Proposition 8.
Development Revenues - Increased $2,101,116
The Building, Planning and Engineering Divisions have updated their projections of
development-related revenues and expenditures in Fiscal Year 2017 -18. These are
related to the pace of project activity; as a reminder, accelerated development in the
short term corresponds to less revenue in the latter part of the 10-Year Forecast.
Charges for Services - Increased $486,280
This increase is primarily due to higher revenues expected from aquatics programs
offered at The Wave ($366,413), as well as revenues from family programs ($66,480).
Minor increases have also been applied to sports program revenue and to various
development-related fire service charges.
Other Taxes (Transient Occupancy Tax, TOT) - Increased $400,000
This change reflects actual TOT receipts over the last two years.
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Interest - Increased $410,120
After weathering the recession of 2009, the City has been slowly rebuilding investment
income via its contract with Chandler Asset Management. Staff feels comfortable
adjusting interest income up to $876,000 for Fiscal Year 2017 -18, which while
conservative, is roughly double the income earned in Fiscal Year 2013 -14 ($422,980).
While the growth is positive, given the new economic environment, Staff doe s not
expect to return to the high earnings of Fiscal Year 2006 -07 ($2,620,610) in the
foreseeable future.
Expenditure Changes
Salaries and Wages - Increased $443,551
The Budget Update includes a new Plans Examiner position ($178,074 in the
Community Development Department), as well as an increase to the Finance
Technician position from 0.75 to 1.0 Full Time Equivalent (minor net increase, as the
position was filled at the entry-level grade). In addition, vacant positions are budgeted at
the top step in the range, and as there have been a number of vacancies in the current
year, the budget reflects an increase.
Benefits - Increased $296,565
The increased budget for employee benefits is the net result of several changes from
the Fiscal Year 2017-18 Forecast. The increases are related to the new and shifted
positions described above, but also to a recommended increase of $485,000 to pen sion
funding, in response to CALPERS’ new discount rate (discussed in the Short Term
Priorities section below).
Decreases can be primarily attributed to the City paying off the bulk of the PERS Side
Fund obligation (which was roughly $385,000 annually) in the current fiscal year, thus
lowering expenditures in Fiscal Year 2017 -18. Furthermore, the budget for group
insurance is lower than was anticipated last year, as insurance rates stayed relatively
flat.
Services and Supplies - Increased $248,821
The Budget Update includes minor increases in operating supplies and training across
departments over prior projections. Larger variances are attributed to recreational
operating supplies (increased $33,821), public liability insurance costs in the Police
Services contract (increased $132,690), an additional budget to cover City insurance
claims (increased $20,000), and increases in vehicle maintenance and repair for Police
vehicles as well as City-operated vehicles (increased $50,000 combined).
Contracted Services – Increased $721,120
The City’s three largest single service contracts are for Police Services (40% of total
contracted services), Fire Services (27%), and Maintenance Services (11%). These
have been kept relatively flat in the Budget Update. It is important to note that while the
current proposal for Police Services from the Alameda County Sheriff’s Office includes
an increase of $168,674 for personnel costs and a risk management contingency, Staff
has not yet concluded budget negotiations. In fact, in response to specific feedback
from the community throughout the last year, and moving towards serving a growing
population, the City Manager is currently scrutinizing the existing City position allocation
plan, including current and expected vacancies, to find the means to expand the Police
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Services but contain the overall budget. Staff expects to bring the final Police Ser vices
proposal to the City Council at the Budget Hearing in May.
The largest non-safety contracted service change from prior projection is the increase
by $416,158 in the Community Development Department. This is related to contracted
development services and is offset by revenues.
Contingency – Decreased $250,004
The Fiscal Year 2017-18 Projection included a $500,000 contingency for large -scale,
unanticipated maintenance and repairs. Examples of this in the current year were the
repair of the City’s fountain ($130,000) and the repair of the bridge at the Shannon
Center ($40,000). The Budget Update reduces this contingency to $250,000, as Staff is
evaluating the impact of creating a reserve for this purpose, rather than including it as
an annual budget item.
Reserves
After transfers out for capital projects, the Budget Update projects a $6,375,288
increase to General Fund reserves, as shown in the table below. The General Fund
Unassigned Cash Flow Reserve is projected at $48,966,676, before any reserve
designations made by the City Council. The General Fund Reserves Summary
(Attachment 2) provides a list of all reserve balances. No specific reserve changes are
being proposed in the current Budget Update; however, decisions made by the City
Council relative to issues discussed in the Short-Term Priorities section below would
have impacts on reserves.
Actual
2015-16
Amended
2016-17
Updated
2017-18
Revenue 82,916,416$ 82,047,701$ 83,781,841$
Expenditures (69,048,878)$ (73,149,276)$ (74,965,924)$
Transfers Out (2,409,006)$ (8,780,937)$ (2,440,629)$
Year End Reserves 109,165,026$ 109,282,515$ 115,657,803$
Change to Reserves from Prior Year 117,489$ 6,375,288$
Capital Improvement Program (CIP)
The proposed Five-Year CIP project list is provided as Attachment 3. No new projects
have been included with the Budget Update; however, projects added or amended
during the current fiscal year have been reflected in the new document. The following is
a summary of the major changes:
General Improvements
Civic Center Police Wing Renovation (PROJECT REMOVED): This project, for
the design and renovation of the Police Services wing of Civic Center, had a
remaining balance of approximately $2.0 million at the end of Fiscal Year 2015 -
16. In Fiscal Year 2016-17 this project was replaced by the Public Safety
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Complex project. The remaining budget has been maintained in a General Fund
reserve for future reallocation.
IT Infrastructure Improvements (NEW IN 16-17): This project was added to the
CIP in Fiscal Year 2016-17, with an approved budget of $650,000 from the IT
Fund.
Cultural Arts Center: This project was moved from the Future Years category in
the CIP into the current five-year time frame. It provides for the design and
renovation of 13,200 square feet on the first floor of Civic Center currently
occupied by Police Services into a Cultural Arts Center. This project would be
funded by the Public Facility Fees Fund and the IT Fund, beginning in Fiscal
Year 2018-19.
Parks
Sean Diamond Park: The budget for this existing project was increased
$659,714 in March 2017 to award the construction contract, and planned
construction was moved up one year. The CIP now reflects the total updated
budget of $2,782,875, funded by the Public Facility Fees Fund, and the amended
timeline.
Streets
Amador Valley Blvd Improvements – Wildwood Rd: This project was added to
the CIP in Fiscal Year 2016-17 with a budget of $170,680, funded by Measure B
Funds. With improvements substantially complete at the Wildwood intersection,
the updated CIP proposes an additional $91,030 in Measure B funding for similar
improvements to be made at the Stagecoach intersection.
Citywide Signal Communications Upgrades: The existing CIP includes $40,840
annually, funded primarily by Vehicle Registration Fee funds, to provide for the
continued upgrades of the traffic signal communications system. The updated
CIP increases annual funding by $49,280 to provide for the ongoing monitoring of
coordinated corridors, the maintenance of newly installed bicycle detection
equipment and cameras, and consulting services to assist with the maintenance
of and upgrades to the system. The increase would be funded with Measure B
funds and would bring the total project budget to $90,120 per year.
Dublin Blvd Extension: The updated CIP reflects an additional $250,000 in this
project, approved by the City Council in November 2016, to complete an
Environmental Impact Review for the project. Preliminary design of the project
started in Fiscal Year 2015-2016. The project is not fully funded; however, City
has submitted a project application for inclusion to the Alameda Countywide
Transportation Plan (ACTP). Staff anticipates the project will be added to the
ACTP capital program for future discretionary Measure BB funding. The total cost
of this project is approximately $79.6 million and is anticipated to be divided
among the City of Dublin and the City of Livermore on the basis of street length
in each jurisdiction.
.
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Annual Street Resurfacing: This project comprising citywide slurry seal and
overlay projects is now being reflected as an annual project, rather than as a
year-by-year add to the CIP. The annual cost is essentially unchanged.
The General Fund contribution to capital projects remains largely unchanged from the
prior budget forecast, with $1,475,072 for the Heritage Cemetery renovation design and
construction, and $108,000 for citywide bicycle and pedestrian improvements.
Short-Term Priorities and Factors
The Fiscal Years 2016-17 and 2017-18 Adopted Budget document included a
discussion of short-term goals and considerations that impact the City’s ability to
continue to provide service in the future. These are listed below, with a description of
Staff’s progress in these areas, and recommendations for further consideration in the
second year of the current budget cycle.
1. Use the anticipated surplus in the current year and in the Adopted Budget
cycle to prepare for a potential forecast deficit
The City has experienced General Fund surpluses over the last several years due to
increases in property tax, sales tax, and development revenues. However, as shown in
the 10-Year Forecast presented to the City Council in December 2016 , increases in
ongoing operational expenditures will eventually outpace revenue growth as
development declines and City services expand. With this in mind, departmental budget
proposals continued to be scrutinized during the Budget Update preparation for their
sustainability over time. In addition, Staff is evaluating the use of operating surpluses to
pay down current and future obligations and to shore up reserves for future liabilities.
The following are considerations for the upcoming budget discussion:
Recommendations for Fiscal Year 2017-18:
A. Reserve for Chevron Energy Lease Payoff
In September 2012, the City entered into a capital leas e for solar energy
improvements totaling $6,755,824. At an interest rate of 2.56% and with a 14 -year
maturity, the City’s interest payments will total $1,346,035 at the final payment in
Fiscal Year 2025-26. The City has the option to pay off the lease bala nce as early as
Fiscal Year 2018-19, at an outstanding principal balance of $4,064,515, plus a
prepayment penalty of $81,290. IF the City paid off the lease balance (and
prepayment penalty) in Fiscal Year 2018 -19, the result would be a savings of
$410,747 in interest payments (including the penalty), and would restore
approximately $565,000 per year in the General Fund cash flow for the term of the
lease.
Staff proposes to set up a reserve in the amount of $5,238,622 , at the end of the
current fiscal year, to be used to make the debt service payments for Fiscal Years
2017-18 and 2018-19, and with the intention of paying off the balance thereafter, as
shown below:
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Initial Reserve 5,238,622$
2017-18 Payment (581,881)$
2018-19 Payment (510,936)$
Payoff Principal (4,064,515)$
Prepayment Penalty (81,290)$
Balance -$
B. Consider Public Agency Retirement Services’ (PARS) Pension Rate
Stabilization Plan (Section 115 Trust) to supplement the City’s CalPERS
Trust
The City of Dublin’s pension trust (held by the California Public Employees
Retirement System, CalPERS) is funded by contributions from both employees
and the City, and by investment earnings on those f unds. One of the most critical
and volatile factors used in setting agency contribution rates is the rate that
CalPERS expects to earn over the long term on its investments (the discount
rate) which, until recently, had been set for a number of years at 7.5%.
CalPERS’ actual average rate of return has been significantly lower, at 5.08%
over the last ten years, and 6.88% over the last three years. In response, and in
recognition of a long-term low interest environment, the CalPERS Board voted in
December 2016 to lower the discount rate to 7.0% over three years. This
reduction will bring CalPERS earnings expectation to its lowest in modern
history, and will result in dramatically higher employer contribution rates. For the
City of Dublin, the change will increase pension payments by an estimated
$525,000 annually, by Fiscal Year 2022-23.
Because Dublin has historically budgeted conservatively for pension and retiree
health increases, the change will have minimal effect to the budget in the short
term. Staff had already included $515,000 in the Fiscal Year 2017-18 Budget
Forecast, and annually adjusted in the 10 -Year Forecast, for additional pension
funding. However, the CalPERS decision is a clear indicator of the new economic
environment and raises questions as to whether the discount rate will ultimately
be lowered again, or another decision taken that negatively impacts contribution
rates.
A recent decision by the IRS allows for public agencies to create a separate trust
to pre-fund its PERS unfunded liability. PARS, the City’s current provider of
retirement benefits for part-time employees, now offers such an opportunity
through its Pension Rate Stabilization Plan (PRSP). Essentially, the plan
provides agencies with an alternative to sending funds to CalPERS that will
provide for greater local control over assets, and portfolio management by a
registered investment advisor selected and monitored by the City, with
contributions transferred to CalPERS at the discretion of the agency to offset
fluctuations in the required annual contributions. Furthermore, PARS is posting
higher returns than CalPERS.
Utilizing the PRSP would not change the City’s obligation to make contributions
to PERS, nor would it remove or replace PERS as the City’s retirement benefit
provider. It would simply act as another investment tool to supplement annual
contributions, should the City experience budgetary constraints. There is no cost
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associated with setting up the PRSP fund, and funding timing and levels would
be controlled by the City. Should the City Council wish to pursue the PRSP, Staff
would bring back this item at a future meeting for consideration before the end of
the current Fiscal Year, so that any related funding decisions can be incorporated
into the reserves designation discussion in June 2017.
2. Continue work on the action items that support the fiscal sustainability
initiative
In March 2015 the City Council identified long-term fiscal sustainability as the City’s key
strategic initiative and directed Staff to ensure that fiscal sustainability becomes a major
factor in future decisions, including future budget proposals. Staff presented a list of
specific focus areas within this initiative, and began work on many of them in Fiscal
Year 2015-16. In addition, in November 2016 the City Council approved the formation of
the City’s first Fiscal Sustainability Task Force with the goals of: a) Educating the public
and fostering discussion on the City of Dublin's current and projected financial status;
and b) Producing an advisory document with future budget options for the City Council
to consider. In December 2016, the City Council appointed seven members and four
alternates to the Task Force, and as of the production of this report, the group has held
three meetings and is on track to present recommendations to the City Council in
January 2018.
Below is the list of the action items presented to the City Council in March 2015, with a
status update and noted goals for the Fiscal Year 2017-18 Budget period.
Focus Areas
Development of a Preventative Maintenance Plan: Staff is on track to complete
this plan within the current two-year budget cycle.
Reinvestment in Existing Facilities/Infrastructure: Work on the Shannon Center
Parking Lot Resurfacing Project will begin in August 2017 and will be completed
in Fiscal Year 2017-18. Bids for the master plan of the Dublin Sports Grounds
renovation project were released in March 2017.
Evaluate Cost Recovery and Pricing Policy for Services/Maintenance : The City
has entered into contract with a consultant for a comprehensive Cost Allocation
Plan and User Fee Study. The project is expected to be completed in October
2017, with new fees going into effect in 2018. Updates to the Parks and
Community Services Pricing Policy were included with the Master Fee Schedule
approved by the City Council in June 2016.
Develop Performance Measures/Metrics: This effort is to understand the “return
on investment” (ROI) of all City services and to use that data more effectively to
inform policy decisions. Staff is currently evaluating performance measurement
and data tools in the marketplace with the goal of having these tools in place
during the current budget cycle.
Reevaluate Internal Service Funds and Fund Balance Priorities : In June 2016
the City Council approved the creation of an Information Technology Fund with
an initial General Fund contribution of $2 million towards IT Master Plan
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initiatives. Finance Staff are now reviewing citywide needs related to equipment
and building replacement.
Assess the City’s Unfunded Liabilities (Retirement Benefits): In Fiscal Year
2015-16, the City Council took steps to control spending on retiree medical costs,
approved changes to increase employee contributions to retirement and
contributed a lump sum payment of $250,000 towards pension and retiree health.
In Fiscal Year 2016-17, the City Council approved additional contributions
towards the unfunded liabilities: $8.2 million towards Fire retiree health, and $1.0
million towards City pension obligations. Because of CalPERS decision to lower
the discount rate, the Fiscal Year 2017-18 Preliminary Budget includes a total of
$1.0 million to shore up reserves against future rates increases.
Discuss Strategies for New/Increased Revenue Streams: In Fiscal Year 2016-17
the City reviewed the feasibility of brining a sales tax measure to voters in the
November 2016 election, to enable residents to determine the level of service
they wish to maintain in the community. Staff will continue to monitor this o ption
for future elections. In addition, Staff anticipates that the Fiscal Sustainability
Task Force will evaluate increases to revenues in focus areas such as charges
for services, parks and recreation fees, and permitting charges.
3. Continue current high standard of maintenance in City parks and facilities
The Fiscal Year 2017-18 Budget Update contains cost estimates set last year by the
City’s maintenance services provider, MCE, which incorporate new parks and facilities,
and includes adjustments to our service levels of maintenance citywide. The updated
numbers have not changed.
Additionally, Staff is currently reviewing the first phase of a Preventative Maintenance
Plan to understand the true cost of ownership of our assets. The Fiscal Year 2016 -17
Budget set aside $300,000 in the first year and $750,000 in the second year to cover
any impacts the study results may have. These costs ramp up in the forecast to
$1,000,000 annually by Fiscal Year 2018 -19. There are no planned changes to this
reflected in the Budget Update.
4. Initiate and/or complete key capital improvement projects
The Adopted 2016-2021 CIP Budget includes several large-scale projects that will be
significant to the community, and will impact the City’s ongoing maintenance and
replacement budgets. These are projects expand the City’s capacity to serve a growing
population, and it is important for the City to utilize a surplus budget position to make
these kinds of long-term investments in the community. Below is a brief description and
status of these projects. Any changes proposed with the Preliminary Budget are noted.
The Wave (Emerald Glen Recreation and Aquatics Complex)
Project budget: $43.8 million, funded by Public Facility Fees and $3 million from
the General Fund.
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Status: On track to open in the spring of 2017. Current estimates set the General
Fund operating subsidy of this facility at $953,330, which is in line with prior
estimates.
Public Safety Complex
Project budget: $15 million, funded by a Community Benefit Payme nt, with a
portion potentially eligible for coverage by Public Facility Fees.
Status: Project bids are currently being reviewed by Staff.
Fallon Sports Park Phase II
Project budget: $17.8 million, funded by $15.8 million from Public Facility Fees
and a $2.0 million General Fund contribution.
Status: Construction is expected to be completed in Fiscal Year 2017 -18.
Dublin Crossing Community Park
Project Budget: $21.6 million, funded by the developer ($12.8 m illion) and Public
Facility Fees ($6.3 million). The remaining $2.5 million has no funding source
currently identified.
Status: The City approved the conceptual plan for the project in the current fiscal
year. Phases I and II are currently planned to be completed within the Five -Year
CIP timeframe, with construction of Phase III planned for future years.
Jordan Ranch Neighborhood Park (4.9 acres)
Project Budget: $2.3 million, funded Public Facility Fees ($0.7 million) and built
by the Developer ($1.6 million). The land for the park was dedicated and
improved by the developer in exchange for credit against Public Facility Fees, up
to $365,000.
Status: Under construction, with expected delivery date of spring 2017.
Sean Diamond Park
Project Budget: $2.8 million, as discussed in the CIP section above; funded by
Public Facility Fees Funds.
Status: Scheduled to be completed in Fiscal Year 2017 -18.
Dougherty Road Widening and Improvements Project
Project budget: $22.9 million, funded with Measure B and BB grant funds and
various Traffic Impact Fees.
Status: Construction is underway, and expected to be completed in the fall of
2017. Adverse weather conditions may delay the completion date.
Dublin Boulevard Improvements Project
Project budget: $6.9 million, funded by $3 million in Measur e BB grant funds,
other Mitigation and Traffic Impact Fee funds, and Rule 20A monies.
Status: Phase one of the project, the undergrounding of the utilities, is anticipated
to start in spring 2017.
Next Steps
The Fiscal Year 2017-18 Budget Update will be presented for adoption at the Budget
Hearing scheduled for the May 16, 2017 City Council meeting . Staff will update the 10-
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Year Forecast with information through March, and present the results as part of the
budget adoption. Reserve designations are made at a separate meeting before the
close of the current Fiscal Year. Given the information presented in this report, Staff
would like direction on the following:
1. Is there any other information or detail about the Budget Update that the City
Council would like presented during the Budget Hearing?
2. Are there items the City Council would like removed from and/or included in the
operating budget and/or CIP budget numbers for consideration during the Budget
Hearing?
3. Does the City Council wish to pursue the reserve for the Chevron energy lease,
with the intention of paying off the debt early?
4. Does the City Council wish to discuss the PARS Pension Rate Stabilization Plan
at a future meeting?
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. General Fund Summary, FY 2017-18 Budget Update
2. General Fund Reserves, FY 2017-18
3. 2016-2017 Capital Improvement Program
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GENERAL FUND SUMMARY
FY 2017-18 BUDGET UPDATE - PRELIMINARY
Actual
2015-16
Adopted
2016-17
Amended
2016-17
Forecast
2017-18
Update
2017-18
Change
From
Forecast
Change
%
Revenues
Property Taxes 33,598,601 35,182,061 36,087,937 36,969,357 37,971,147 1,001,790 2.7%
Sales Taxes (1)20,938,826 20,666,260 20,666,260 21,111,118 20,996,940 (114,178) -0.5%
Development Revenue 10,562,963 8,568,899 10,978,502 7,697,743 9,798,859 2,101,116 27.3%
Other Taxes 6,606,016 5,465,000 5,865,000 5,547,000 5,947,000 400,000 7.2%
Licenses & Permits 310,286 292,140 292,140 295,496 309,096 13,600 4.6%
Fines & Penalties 116,016 109,932 109,932 109,932 111,432 1,500 1.4%
Interest (2)2,937,978 465,880 840,880 465,880 876,000 410,120 88.0%
Rentals and Leases 1,114,747 1,033,488 1,033,488 1,141,916 1,081,672 (60,244) -5.3%
Intergovernmental 324,075 198,618 198,618 198,618 198,618 - 0.0%
Charges for Services 5,396,964 4,838,466 4,905,866 5,745,562 6,231,842 486,280 8.5%
Community Benefit Payments 424,000 100,000 550,000 - - -
Other Revenue 585,944 256,344 519,078 256,344 259,235 2,891 1.1%
Total Revenues 82,916,416 77,177,088 82,047,701 79,538,966 83,781,841 4,242,875 5.3%
Expenditures
Salaries & Wages 9,437,426 11,100,241 10,502,206 11,990,533 12,434,084 443,551 3.7%
Benefits 4,172,485 5,707,982 5,692,982 5,992,648 6,289,213 296,565 4.9%
Services & Supplies 1,875,458 2,946,394 2,913,392 3,013,709 3,262,530 248,821 8.3%
Internal Service Fund Charges 2,637,354 3,065,342 3,040,284 2,988,764 3,051,124 62,360 2.1%
Utilities 1,723,204 2,248,261 2,243,857 2,657,341 2,830,310 172,969 6.5%
Total Contracted Services *39,869,473 43,297,583 45,385,822 45,208,233 45,929,352 721,120 1.6%
Capital Outlay 133,477 719,801 800,598 293,152 419,112 125,960 43.0%
Contingeny - 989,112 957,477 1,000,203 750,199 (250,004) -25.0%
Contribution to OPEB/PERS 9,200,000 -
Subtotal Expenditures 69,048,878 70,074,716 71,536,618 73,144,582 74,965,924 1,821,342 2.5%
Prior Year Carryovers 1,612,658
Total Expenditures 69,048,878 70,074,716 73,149,276 73,144,582 74,965,924 1,821,342 2.5%
Operating Impact 13,867,538 7,102,372 8,898,426 6,394,384 8,815,917 2,421,533 37.9%
Transfers Out (2,409,006) (759,510) (8,780,937) (2,317,520) (2,440,629)
Impact on Total Reserves 11,458,531 6,342,862 117,489 4,076,864 6,375,288
TOTAL RESERVES 109,165,026 109,282,515 115,657,803
1) FY 2015-16 Sales Tax included a final triple flip payment
2) FY 2015-16 Interest Revenue included $1.9 million in unrealized gains
* Contracted Services Detail
Actual
2015-16
Adopted
2016-17
Amended
2016-17
Forecast
2017-18
Update
2017-18
Change
From
Forecast
Change
%
Police Services 15,868,735 17,055,970 17,170,881 18,026,019 18,194,693 168,674 0.9%
Fire Services 11,063,248 11,982,959 11,982,959 12,358,802 12,426,576 67,774 0.5%
Maintenance Services (MCE)3,997,800 4,296,214 4,296,214 4,829,512 4,829,512 - 0.0%
Community Development 2,516,339 2,431,193 3,386,627 2,326,813 2,742,971 416,158 17.9%
Public Works 2,181,918 2,615,945 2,639,682 2,791,639 2,771,161 (20,478) -0.7%
Parks & Community Services 2,087,606 2,107,531 2,571,602 2,246,167 2,107,214 (138,954) -6.2%
Economic Development 37,511 234,697 512,540 157,709 157,709 - 0.0%
City Attorney 876,229 800,746 800,746 800,746 896,180 95,434 11.9%
Administrative Departments 1,240,087 1,772,328 2,024,571 1,670,825 1,803,336 132,511 7.9%
Total Contracted Services 39,869,473 43,297,583 45,385,822 45,208,233 45,929,352 721,120 1.6%
ATTACHMENT 1
8.2.a
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GENERAL FUND RESERVES ATTACHMENT 2
FY 2017-18 BUDGET UPDATE
Reserve Balances
Projected
2016-17
Increase
2016-17
Decrease
2016-17
NET
CHANGE
Update
2017-18
Non-Spendable 247,761 - (160,681) (160,681) 87,080
Prepaid Expenses 27,080 - 27,080
Cemetery Endowment 60,000 - 60,000
Advance to Public Facility Fees - - -
Advance to Fire Impact Fee 0 - 0
Advance to PERS Side Fund 160,681 (160,681) (160,681) (0)
Restricted 579,000 - - - 579,000
Heritage Park Maintenance 500,000 - 500,000
Developer Contr - Nature Pk 60,000 - 60,000
Developer Contr - Heritage Pk 19,000 - 19,000
Committed 31,494,194 - - - 31,494,194
Economic Stability 8,000,000 - 8,000,000
Downtown Public Impr 461,929 - 461,929
Economic Development 1,000,000 - 1,000,000
Emergency Communications 741,000 - 741,000
Fire Svcs OPEB 3,084,672 - 3,084,672
Innovations & New Opport 1,722,785 - 1,722,785
One-Time Initiative 1,341,408 - 1,341,408
Specific Committed Reserves -
Emerald Glen Aquatic Complex - - -
Maintenance Facility - - -
Cemetery Expansion 5,272,210 - 5,272,210
Fallon Sports Park 200,000 - 200,000
Civic Ctr Expansion - - -
Storm Drain Capture - - -
Shannon Center Parking Lot - - -
Utility Undergrounding 1,170,190 - 1,170,190
Advance to Public Facility Fee 6,000,000 - 6,000,000
Dublin Sports Ground 2,500,000 - 2,500,000
Assigned 36,213,208 515,000 - 515,000 36,728,208
Accrued Leave 988,708 - 988,708
Operating Carryovers - - -
CIP Carryovers - - -
Non-Streets CIP Commitments 3,879,516 - 3,879,516
Catastrophic Loss 11,368,531 - 11,368,531
Service Continuity 3,000,000 - 3,000,000
Pension & OPEB 10,614,353 515,000 515,000 11,129,353
Fiscally Responsible Adj 325,000 - 325,000
Municipal Regional Permit 2,225,000 - 2,225,000
HVAC Replacement 1,000,000 - 1,000,000
Relocate Parks Dept 250,000 - 250,000
Specific Assigned Reserves -
Civic Ctr Renovation-Police 1,962,100 - 1,962,100
Contribution to ISF - - -
Fire Equipment Replacement 600,000 - 600,000
Unassigned 40,748,352 160,681 5,860,288 6,020,970 46,769,323
Unassigned-Unrealized Gains (2,197,354) - (2,197,354)
Unassigned (Available)42,945,706 48,966,676
TOTAL RESERVES 109,282,515 675,681 5,699,607 6,375,289 115,657,803
8.2.b
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Project Description PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Annual ADA Transition Plan 23,833 23,833
Civic Center Modification Design and Construction 3,650,735 627,556 4,278,291
Cultural Arts Center 335,796 5,264,204 5,600,000
IT Infrastructure Improvement 650,000 650,000
Maintenance Yard Facility Improvements 9,765,631 215,102 9,980,733
Public Safety Complex - Police Services Building 519,527 14,480,473 15,000,000
TOTAL COSTS 13,935,893 15,996,963 335,796 5,264,204 35,532,857
FINANCING PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Cable TV Facilities 13,217 599,783 613,000
Dublin Crossing Development Fee 519,527 14,480,473 15,000,000
General Fund 8,484,432 266,708 8,751,140
Internal Service Fund - Facilities Replacement 3,082,856 3,082,856
IT Fund 650,000 600,000 1,250,000
Public Facilities Fee 1,835,861 335,796 4,664,204 6,835,861
TOTAL FINANCING 13,935,893 15,996,963 335,796 5,264,204 35,532,857
2016-2021 CAPITAL IMPROVEMENT PROGRAM - GENERAL IMPROVEMENTS
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Project Description PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Annual Sidewalk Safety Repair Program 708 104,217 104,925
San Ramon Road Landscape Renovation 405 238,660 239,065
TOTAL COSTS 1,113 342,877 343,990
FINANCING PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
General Fund 1,113 342,877 343,990
TOTAL FINANCING 1,113 342,877 343,990
2016-2021 CAPITAL IMPROVEMENT PROGRAM - COMMUNITY IMPROVEMENTS
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Project Description PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Clover Park & Sunrise Park 1,781,358 1,781,358
Dublin Crossing Community Park 139,845 1,420,889 6,126,806 998,198 6,101,606 654,260 6,099,646 21,541,250
Dublin Heritage Park Cemetery Improvements 6,928 1,475,072 1,482,000
Dublin Sports Grounds Renovation 332,495 498,605 831,100
Emerald Glen Recreation & Aquatic Complex - Phase I 26,524,866 17,306,079 43,830,945
Fallon Sports Park - Phase II 2,688,607 15,090,270 17,778,877
Jordan Ranch Neighborhood Park 559,679 1,739,233 2,298,912
Library Improvement - Center for 21st Century Skills 37,208 239,750 276,958
Moller Ranch Neighborhood Square 510,440 510,440
Public Art - Clover Park & Sunrise Park 35,600 35,600
Public Art - Dublin Crossing Community Park 176,446 250,993 325,310 752,749
Public Art - Emerald Glen Recreation and Aquatics Complex 127,944 249,990 5,035 382,969
Public Art - Fallon Sports Park 100,011 179,923 279,934
Public Art - Jordan Ranch Neighborhood Park 46,980 46,980
Public Art - Moller Ranch Neighborhood Square 10,000 10,000
Public Art - Public Safety Complex - Police Services Building 300,000 300,000
Public Art - Sean Diamond Park 48,000 48,000
Sean Diamond Park 155,655 2,782,875 2,938,530
Shannon Center Parking Lot Improvements 87,590 987,410 1,075,000
Shannon Park Water Play Area 693,951 693,951
Wallis Ranch Community Park 6,358,155 6,358,155
TOTAL COSTS 31,454,779 42,788,428 8,473,326 1,323,508 6,101,606 7,012,415 6,099,646 103,253,708
FINANCING PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Community Benefit Payment (GF)1,800,000 1,800,000
Developer Built 3,398,415 3,662,841 712,824 3,522,490 640,376 3,594,938 15,531,884
Dublin Crossing Development Fee 99,290 1,008,823 1,108,113
General Fund 94,518 4,086,905 1,475,072 5,656,495
Housing-Related Parks Grant Fund 332,495 498,605 831,100
Measure D 80,000 80,000
Public Art Fund 227,955 941,959 361,008 325,310 1,856,232
Public Facilities Fee 30,700,521 30,973,721 2,974,405 285,374 2,579,116 6,372,039 73,885,176
Unidentified 2,504,708 2,504,708
TOTAL FINANCING 31,454,779 42,788,428 8,473,326 1,323,508 6,101,606 7,012,415 6,099,646 103,253,708
2016-2021 CAPITAL IMPROVEMENT PROGRAM - PARKS
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Project Description PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Amador Plaza Road Bicycle and Pedestrian Improvements 341,255 1,072,393 1,413,648
Amador Valley Blvd - Wildwood Road and Stagecoach Intersections Improvements 170,680 91,030 261,710
Annual Street Overlay Program 111,259 2,229,030 2,340,289
Annual Street Resurfacing 1,700,000 1,697,100 1,697,100 1,697,100 1,697,100 8,488,400
City Irrigation Improvements 121,974 80,080 202,054
Citywide Bicycle and Pedestrian Improvements 609,600 620,380 425,380 407,580 407,580 2,470,520
Citywide Signal Communications Upgrade 501,185 70,339 90,120 90,120 90,120 90,120 932,004
Citywide Street Storm Drain Condition Assessment 492,462 502,947 995,409
Dougherty Road Improvements Sierra Lane to North City Limit 3,873,196 18,943,479 89,836 22,906,511
Dublin Boulevard Extension 650,000 396,450 653,450 1,003,350 1,003,450 59,834,000 63,540,700
Dublin Boulevard Improvements - Sierra Court to Dublin Court 483,473 2,439,007 4,013,554 6,936,034
Dublin Ranch Street Light Improvements 351,450 37,480 37,480 37,480 37,480 501,370
Dublin Ranch Street Light Pole Painting Project 23,251 12,634 35,885
Saint Patrick Way - Regional Street to Golden Gate Drive 848,939 4,303 853,241
San Ramon Road Arterial Management 267,480 267,480
San Ramon Road Trail Improvements 71,858 101,603 173,461
Storm Drain Bypass San Ramon Road 1,015,035 197,471 1,212,506
Storm Drain Trash Capture Project 69,872 546,877 616,749
Tassajara Road Realignment & Widening 4,389 315,611 200,760 401,080 2,448,380 8,263,380 32,015,000 43,648,600
Traffic Sign Inventory and Safety Review 35,931 97,992 133,923
Village Parkway and Brighton Traffic Signal Upgrade 14,571 181,909 196,480
TOTAL COSTS 8,008,649 30,544,885 7,236,710 3,304,610 5,684,010 11,499,110 91,849,000 158,126,974
2016-2021 CAPITAL IMPROVEMENT PROGRAM - STREETS
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2016-2021 CAPITAL IMPROVEMENT PROGRAM - STREETS
FINANCING PRIOR YEARS 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021
ESTIMATE
FUTURE YEARS TOTALS
Eastern Dublin Traffic Impact Fee - Category 1 4,389 642,611 497,210 854,530 2,005,730 1,306,830 5,311,300
Eastern Dublin Traffic Impact Fee - Category 2 1,648,316 1,103,390 2,751,706
Energy Efficient Capital Lease 121,974 80,080 202,054
General Fund 634,192 1,984,447 108,000 108,000 108,000 108,000 3,050,639
Internal Service Fund - Equipment 89,474 5,426 94,900
Local Recycling Programs 86,000 86,000
Measure B Grants 410,440 5,856,560 6,267,000
Measure B Sales Tax - Bike & Pedestrian Fund (ACTC)292,940 285,630 19,600 598,170
Measure B Sales Tax - Local Streets Fund (ACTC)111,259 991,298 485,000 810,000 810,000 810,000 4,017,556
Measure BB Grants 11,400,000 3,100,000 200,000 1,446,000 7,960,000 24,106,000
Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC)228,000 117,780 17,780 19,580 19,580 402,720
Measure BB Sales Tax - Local Streets Fund (ACTC)853,600 545,000 200,000 200,000 200,000 1,998,600
Mitigation Contributions 1,963,349 221,780 2,185,129
Noise Mitigation Fund 90,000 90,000
Other 1,000,000 1,000,000
State Gas Tax 2,284,219 917,100 917,100 917,100 917,100 5,952,619
Storm Water Management 1,015,035 44,964 1,059,999
Street Light District East Dublin 1999-1 23,251 364,084 37,480 37,480 37,480 37,480 537,255
Traffic Impact Fee - Category 3 1,159,000 1,159,000
Traffic Impact Fee - Dougherty Valley 1,644,081 1,366,648 3,010,729
Traffic Impact Fee - Downtown 369,992 612,746 100,000 100,000 100,000 1,282,738
Traffic Safety 35,931 97,992 133,923
Transportation for Clean Air 14,571 192,914 207,485
Unidentified 91,849,000 91,849,000
Vehicle Registration Fee (ACTC)411,711 200,260 40,120 40,120 40,120 40,120 772,451
TOTAL FINANCING 8,008,649 30,544,885 7,236,710 3,304,610 5,684,010 11,499,110 91,849,000 158,126,974
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: April 4, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Rules of Conduct for Meetings of the City Council
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will discuss the Rules for the Conduct of Meetings of the City Council
to address time limits on speakers based on number of speakers, close of acceptance
period of speaker slips, and posting of Rules at City Council meetings.
STAFF RECOMMENDATION:
Discuss Rules for the Conduct of Meetings of the City Council, and provide direction, as
appropriate.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At its March 21, 2017 meeting, the City Council requested Staff bring back a report to
discuss the length of time speakers have to comment on items, based on number of
speaker requests per item, at City Council meetings, and also, at what point speaker
requests are no longer accepted. The current language in Resolution No. 9-16
Amending and Restating the Rules for the Conduct of Meetings of the City Council
(Attachment 1), states:
3. AGENDA (Page 2 of 8)
The agenda prepared by the City Clerk shall, at a minimum, include:
e. Specified period of time for members of the public to address the City Council
on items of interest to the public that are within the jurisdiction of the City
Council, including a statement that no person may speak longer than three (3)
minutes, or such shorter period as may be established by the City Council
based on number of speakers, and including language that the City Council
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can only briefly respond with questions, refer to Staff, or place on a future
agenda.
14. MANNER OF ADDRESSING CITY COUNCIL (Page 6 of 8)
On each agenda item, each member of the public shall be given a specified
amount of time to address the City Council during the public comment period, and
the time limits shall be reasonably and uniformly applied to all speakers, so far as
is possible, with the exception of formal applicants for approvals from the City who
will be allotted additional time. Unless determined otherwise by a majority vote of
the City Council, the time limits shall be as follows based on the number of speaker
slips submitted to the City Clerk prior to the commencement of the public comment
period.
1-9 speaker slips – 3 minutes
10-14 speaker slips – 2 minutes
15+ speaker slips – 1 minute
The City Council also requested that the Rules be posted in the Council Chamber, and
the time limits be printed on the speaker slips. This will be completed at a later date,
including revisions, if needed.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution No. 9-16 Amending and Restating Rules for the Conduct of Meetings of
the City Council
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RESOLUTION NO. 9 - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING AND RESTATING THE RULES FOR THE CONDUCT OF
MEETINGS OF THE CITY COUNCIL
WHEREAS, from time to time the City Council amends and restates the Rules of Conduct of
Meetings of the City Council, and the Rules were last restated by Resolution No. 154-13; and,
WHEREAS, the City Council wishes to amend and restate the Rules in order to specify the
length of time for public comment, specify the manner of producing the agenda, and make other
changes to ensure compliance with applicable law.
NOW, THEREFORE, BE IT RESOLVED that the Rules for the Conduct of Meetings of the City
Council are amended to read as follows in their entirety:
1. REGULAR MEETINGS
a. Time Regular meetings of the City Council shall be held on the first and third
Tuesday of each month at the hour of 7:00 p.m., except that Closed Session Items shall be
held at 6:30 p.m. Whenever the day fixed for any regular meeting of the City Council falls upon
a day designated as a holiday, such meeting will be held at the same hour on the next
succeeding day not a holiday.
b. Place All regular meetings of the City Council shall be held at the Civic Center,
as designated by Ordinance.
c.Public All meetings of the City Council shall be open to the public; provided,
however, the City Council may hold closed sessions as provided by the laws of the State of
California.
2. SPECIAL MEETINGS
A special meeting may be ordered at any time by the Mayor whenever in his/her opinion the
public business may require it or upon the written request of any three members of the City
Council. Whenever a special meeting shall be called, written notice of such meeting shall be
delivered personally or by any other means by the City Clerk to each member of the City
Council and to each local newspaper of general circulation and radio/television station
requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours
before the time of such meeting as specified in the notice. The notice shall specify the time and
place of the special meeting and the business to be transacted or discussed. No other
business shall be considered at such meetings by the City Council.
The agenda for special meetings shall contain the information set forth in Section 3.a. - f.
below. At least twenty-four (24) hours before each special meeting, the City Clerk shall post a
copy of the agenda, including the call and notice of the special meeting at the same location
identified in Section 3 below.
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8.3.a
Packet Pg. 137
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