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November 21, 2017 Agenda Packet
November 21, 2017 Dublin City Council Agenda Page 1 of 4 REGULAR MEETING Tuesday, November 21, 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. Recognition of 2017 Inside Dublin Participants. The City Council will recognize the 2017 Inside Dublin participants. STAFF RECOMMENDATION: Recognize the 2017 Inside Dublin participants. 3.2. Receive MTC Awards for Pavement Condition Index Score and Pavement Management Program The City Council will receive Metropolitan Transportation Commission awards for the City of Dublin's street Pavement Condition Index score, and the operation and management of our Pavement Management Program. STAFF RECOMMENDATION: Receive Recognition and Awards from Metropolitan Transportation Commission Staff. 3.3. Employee Introduction: Suzanne Iarla New City Staff member, Suzanne Iarla, Management Analyst II in the City Manager's Office for the Economic Development Division, will be introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff member. 3.4. The Wave - First Waterpark Season The City Council will receive a report on The Wave’s initial waterpark operational season. STAFF RECOMMENDATION: Receive the report. 3.5. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff 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. November 21, 2017 Dublin City Council Agenda Page 2 of 4 4.1. Approval of the November 7, 2017 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the November 7, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the November 7, 2017 Regular City Council meeting. 4.2. Agreement for Dublin High Swim Team Use of The Wave's Sport Pool The City Council will consider approval of an agreement with Dublin Unified School District for use of the Sport Pool at The Wave for the Dublin High School Swim Team. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement with Dublin Unified School District. 4.3. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from October 1, 2017 - October 31, 2017 totaling $4,139,305.52. STAFF RECOMMENDATION: Receive the report. 4.4. Agreement with Badawi & Associates to Provide Auditing Services The City Council will consider the approval of a consulting services agreement with Badawi & Associates to provide audit services to the City. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Badawi & Associates to Provide Auditing Services. 4.5. Task Order with Kimley-Horn and Associates to Prepare an Environmental Impact Report for the At Dublin Project The City Council will consider approving a Task Order authorizing Kimley-Horn and Associates, a planning consulting firm, to prepare an Environmental Impact Report (EIR) for the proposed At Dublin project. The cost to prepare the EIR is not to exceed $501,663, which includes a 10% contingency. STAFF RECOMMENDATION: Adopt the Resolution Approving a Task Order with Kimley-Horn to Prepare an Environmental Impact Report for the At Dublin Project. 4.6. Amendment to Legal Services Agreement and Appointment of Assistant City Attorney Meyers Nave, the law firm that has served as Dublin’s City Attorney since the City’s incorporation in 1982, has requested that the City Council consider the restated and amended legal services agreement between the City and Meyers Nave. Consistent with the terms of the amended legal services agreement, the City Attorney is proposing that the City Council appoint Lauren Quint, an associate at Meyers Nave, as Assistant City Attorney. STAFF RECOMMENDATION: Approve the Agreement for Legal Services with Meyers Nave and appoint Lauren Quint as Assistant City Attorney. 4.7. Emerald Glen Recreation and Aquatic Complex - BuyBoard Authorization, Purchase of Concession Building and Related Equipment from Public Restroom Company, and Authorization for Closeout (CIP No. PK0105) The City Council will consider authorizing membership with the National Purchasing Cooperative (dba BuyBoard), which allows public agencies to purchase products and services from vendors established through a cooperative public bid process. The City Council will also consider authorizing the purchase of a concessions building from the Public Restroom Company for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105), and approving a budget change to increase project funding for project close-out. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City to Become a Member of BuyBoard and Purchase a Concession Building From the Public Restroom Company for the Emerald Glen Recreation November 21, 2017 Dublin City Council Agenda Page 3 of 4 and Aquatic Complex Project (CIP No. PK0105), and approve the budget change. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING 6.1. Schaefer Ranch Lot 70 General Plan Amendment, Conditional Use Permit to Amend the Planned Development Zoning, Site Development Review Permit and Lot Line Adjustment (PLPA-2017-00024) The City Council will consider a request by Schaefer Ranch Holdings LLC (Discovery Builders) for entitlements to increase the size of the undeveloped lot 70 located at 7931 Ridgeline Place. The proposal is to convert 0.35 acres of adjacent land currently designated as Open Space to Single-Family Residential. Lot 70 is planned to continue to have only one single-family home. The application includes a General Plan Amendment, a Conditional Use Permit to amend the Planned Development Zoning, Site Development Review Permit, and a Lot Line Adjustment. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and adopt the following Resolutions: 1) Approving a General Plan Amendment for approximately 0.35 acres located within Schaefer Ranch; 2) Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District for Schaefer Ranch; and 3) Approving a Site Development Review Permit to Allow for Site Improvements within Schaefer Ranch. 7. UNFINISHED BUSINESS 7.1. Automated License Plate Recognition System Update and Video Technology Overview The City Council will receive a report on the status of Automated License Plate Recognition (ALPR) systems which were purchased by Dublin Police Services (DPS) in 2016. The City Council will also receive an overview of additional video surveillance technologies to further assist Dublin Police Services with investigations and situational awareness. STAFF RECOMMENDATION: Receive the report on the status of the current ALPR system. 8. NEW BUSINESS 8.1. Downtown Dublin Specific Plan Progress Report The City Council will receive a progress report on the implementation of the Downtown Dublin Specific Plan since its adoption in 2011. The presentation will include an overview of the Specific Plan, a discussion of the existing conditions and obstacles to Downtown development, and a discussion regarding future improvements and private investment in the area. This item was originally scheduled for the October 17, 2017, Regular City Council meeting and was moved by the City Council to a future meeting. STAFF RECOMMENDATION: Receive the presentation and provide feedback and direction as appropriate on the topics discussed. 8.2. Potential Large Dog Park Discussion The City Council will discuss the potential of establishing a large dog park location in east Dublin, as a follow up to a request made at the July 18, 2017 City Council meeting. STAFF RECOMMENDATION: Receive report and provide further direction. 8.3. Consideration of Communications Protocols with Dublin Unified School District The City Council will discuss the concept of establishing communications protocols with the Dublin Unified School District. This item was originally scheduled for the October 17, 2017, Regular City Council meeting and was moved by the City Council to a future meeting. November 21, 2017 Dublin City Council Agenda Page 4 of 4 STAFF RECOMMENDATION: Discuss the matter and provide Staff direction. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Recognition of 2017 Inside Dublin Participants. Prepared by: Taryn Gavagan Bozzo, Executive A ide EXECUTIVE SUMMARY: The City Council will recognize the 2017 Inside Dublin participants. STAFF RECOMMENDATION: Recognize the 2017 Inside Dublin participants. FINANCIAL IMPACT: None. DESCRIPTION: Inside Dublin was designed to inform the Program’s participants about the issues facing the community, and to encourage community involvement at all levels. This year’s Program included presentations on topics such as education, infrastructure, development, public safety, and local government. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None 3.1 Packet Pg. 5 2689 None. Page 1 3.1.a Packet Pg. 6 At t a c h m e n t : N o n e ( 2 0 1 7 I n s i d e D u b l i n R e c o g n i t i o n ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Receive MTC Awards for Pavement Condition Index Score and Pavement Management Program Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will receive Metropolitan Transportation Commission awards for the City of Dublin's street Pavement Condition Index score, and the operation and management of our Pavement Management Program. STAFF RECOMMENDATION: Receive Recognition and Awards from Metropolitan Transportation Commission Staff. FINANCIAL IMPACT: None. DESCRIPTION: Pavement Condition Index (PCI) is a 0-100 ranking system that is based on the physical and structural condition of a street. PCI scores of 90 or higher are considered “excellent.” These are newly built or resurfaced streets that show little or no distress. Pavement with a PCI score in the 80 to 89 range is considered “very good,” and shows only slight or moderate distress, requiring primarily preventive maintenance. The “good” category ranges from 70 to 79, while streets with PCI scores in the “fair” (60 -69) range are considered worn to the point where rehabilitation may be needed to prevent rapid deterioration. The City of Dublin achieved the highest average PCI score of 85 (Very Good) in 2016, which is the highest in the Bay Area for the analysis period from 2014 to 2016. First of the two awards from the MTC is for the City of Dublin's efforts in achieving this highest PCI score. Street Pavement Management is a set of tools and policies designed to manage the maintenance activities of street pavements. A Pavement Management Program (PMP) 3.2 Packet Pg. 7 Page 2 of 2 consists of an accounting to keep track of existing and historical pavement condition data and a decision-making process to help choose the most cost-effective maintenance strategies for streets. The City of Dublin, like all other jurisdictions in the Bay Area, uses Metropolitan Transportation Commission’s (MTC) computerized Pavement Management Program called StreetSaver. Staff regularly maintains and updates StreetSaver, which helps the City in efficiently planning the maintenance work for various categories of streets in the City. MTC is presenting the second award to the City of Dublin in recognition of maintaining and operating the PMP. It is important to note that MTC is presenting both awards to one jurisdiction for the first time in their history presenting awards. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.2 Packet Pg. 8 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Employee Introduction: Suzanne Iarla Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: New City Staff member, Suzanne Iarla, Management Analyst II in the City Manager's Office for the Economic Development Division, will be introduced. STAFF RECOMMENDATION: Welcome City of Dublin Staff member. FINANCIAL IMPACT: None. DESCRIPTION: New City of Dublin Staff member, Suzanne Iarla, Management Analyst II in the City Manager's Office's Economic Development Division, will be introduced to the City Council. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.3 Packet Pg. 9 Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: The Wave - First Waterpark Season Prepared by: Damian Sandholm, Recreation Supervisor EXECUTIVE SUMMARY: The City Council will receive a report on The Wave’s initial waterpark operational season. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: There is no financial impact associated with this report. Once the opening season financial books are closed, Staff will provide the City Council a first season financial performance. DESCRIPTION: The following is a summary of operations for the first season of The Wave, including park attendance, marketing reach, as well as information on challenges faced and changes to expect next season. The Wave opened to the public on Memorial Day weekend May 27-29. Daily operations commenced on June 3 to August 13, 2017. On August 19, the waterpark transitioned to a weekend operation through September 24, 2017. Attendance Total attendance for the season slightly exceeded the projections of 600 guests per day average with a total number of admissions at 50,995 people. The Wave Waterpark was open for a total of 88 days. Of those paid admissions, nearly three-quarters of those for were full-day entry. 3.4 Packet Pg. 10 Page 2 of 3 Staff also kept track of the daily average attendance. As noted in the table, the average number of admissions dropped off during the middle portion of the week with larger attendance on the weekends, with Saturday being the most popular day to attend. Marketing The City utilized a variety of media channels and engaged in public relations efforts to market the facility, including a stand-alone website (thedublinwave.com), social media advertising, highlights in the City’s Activity Guide, and targeted radio advertising. Facebook, in particular, was a popular social media tool to market the facility. The City was able to generate more than 1,400 followers in the first season, posting nearly 100 times. The City’s social media efforts were managed by 3i Advertising, in partnership with City Staff. Customer Feedback The customer experience at The Wave was a priority for City staff. Staff regularly monitored social media review sites, along with feedback received from other channels. Based on the cumulative feedback received, Staff identified three main issues - shade, food options, and pricing. With respect to shade, the City worked during the course of the first season to add shade facilities, including additional umbrellas and luxury loungers. As the landscaping in the park matures, additional shade will be available. We will continue to evaluate additional shade options in the coming year. Food options were another main concern, particularly as it relates to the choice and pricing of food. In the coming season, it is anticipated that a new concession building will be operational, resulting in more family-friendly food choices. Lastly, feedback on pricing was also received. Some of the feedback was in relation to the additional amenities at The Wave, while others commented on the pricing affecting their ability to visit more frequently. Staff will be addressing pricing in the coming year, including an annual pass program, military discounts, and discount pricing days will also be included for the 2018 season. 3.4 Packet Pg. 11 Page 3 of 3 Changes for 2018 Overall, the inaugural season at The Wave was a success. As with any new facility, Staff made continual adjustments throughout the season to help provide the best experience for the waterpark guests. These changes included the installation of new credit card readers to help speed up the ticket sales process, additional Staff was added to the waterslide tower to help the line move more efficiently, and the assignment of food trucks was adjusted to include trucks that provided more child friendly foods at prices that were closer to the expectations of the guests. In addition to the improvements already mentioned above, Staff is working on a better online ticketing experience, as well as better signage at the facility and around the slide tower. Lastly, Staff is recommending an adjustment of the outdoor operating dates based on the feedback received at the end of the first season. Starting the season on the weekend of Memorial Day and ending on the weekend of Labor Day will allow for better cost control as well as alignment with school summer break schedules. Staff will continue to promote rentals of the facility prior to and past this timeframe, but would cease daily operations of the waterpark amenities. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 3.4 Packet Pg. 12 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the November 7, 2017 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the November 7, 2017 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the November 7, 2017 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the November 7, 2017 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the November 7, 2017 Regular City Council Meeting 4.1 Packet Pg. 13 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – NOVEMBER 7, 2017 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING NOVEMBER 7, 2017 A Regular Meeting of the Dublin City Council was held on Tuesday, November 7, 2017, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor David Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Don Biddle Vice Mayor Present Arun Goel Councilmember Present Abe Gupta Councilmember Present Melissa Hernandez Councilmember Absent 2. Pledge of Allegiance The pledge of allegiance was led by Austin Hudson and the Dublin High School Civics Class; and recited by the City Council, Staff and those present at the meeting. 3. Oral Communications 3.1. Camp Parks 75th Anniversary The City Council presented a proclamation honoring Camp Parks 75th Anniversary. 3.2. Dublin Camp Parks Military History Center Sponsor Recognition Steve Minniear, Dublin resident, provided public comment on this item. The City Council recognized the sponsors and formally accepted Dublin Camp Parks Military History Center sponsorship donations. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: Don Biddle, Vice Mayor AYES: David Haubert, Don Biddle, Arun Goel, Abe Gupta ABSENT: Melissa Hernandez 4.1.a Packet Pg. 14 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING NOVEMBER 7, 2017 3.3. Proclamation in Recognition of Small Business Saturday (November 25, 2017) and Presentation by the Dublin Chamber of Commerce on Discover Dublin 2017 Holiday Efforts and Other Related Activities Brad Johnson, Chamber of Commerce President and CEO, provided public comment on this item. Steve Lehman, Chamber of Commerce Chairman of the Board, provided public comment on this item. The City Council received the report from the Chamber of Commerce and presented the proclamation. 3.4. Community Spotlight: Certificate of Recognition for Open Heart Kitchen Heather Greaux, Executive Director of Open Heart Kitchen, provided an overview of the services offered by Open Heart Kitchen. The City Council presented a Certificate of Recognition to Open Heart Kitchen. 3.5. Public Comment Anish and Anika Kolan, Dublin residents, provided public comment. Dublin middle school students provided public comment. 4. Consent Calendar 4.1. Approved the minutes of the October 17, 2017 Regular City Council meeting. 4.2. Received the Fiscal Year 2017-18 1st Quarter Financial Review, including the update to the 10-Year Forecast, and approved the budget change. 4.3. Adopted RESOLUTION NO. 137 – 17 ACCEPTING THE COUNCIL CHAMBER AUDIO AND VISUAL SYSTEM IMPROVEMENT PROJECT (CIP NO. GI4099) 4.4. Adopted RESOLUTION NO. 138 – 17 APPROVING THE CITY OF DUBLIN LEGISLATIVE PLATFORM 2018 4.1.a Packet Pg. 15 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING NOVEMBER 7, 2017 4.5. Received the City Engineer’s Receipt of Tract 8364 notification. 4.6. Confirmed the Mayor’s recommendation of appointment to the Senior Center Advisory Committee or provide other appropriate direction. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Arun Goel, Councilmember AYES: David Haubert, Don Biddle, Arun Goel, Abe Gupta ABSENT: Melissa Hernandez 5. Written Communication 5.1. Overview of New Housing Legislation Ramoncito Firmeza, Dublin resident, provided public comment on this item. The City Council received the legislation report. 6. Public Hearing – None. 7. Unfinished Business – None. 8. New Business 8.1. Iron Horse Trail Feasibility Study Kristi Marleau, Dublin resident, provided public comment on this item. Ashley Gale provided public comment on this item. The City Council approved the Feasibility Study and directed staff to proceed with the Steel Truss Arch Bridge design. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Arun Goel, Councilmember AYES: David Haubert, Don Biddle, Arun Goel, Abe Gupta ABSENT: Melissa Hernandez 4.1.a Packet Pg. 16 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING NOVEMBER 7, 2017 8.2. Approval of a Hotel (Transient Occupancy Tax) Incentive Program Adopted RESOLUTION NO. 139 – 17 APPROVING A HOTEL (TRANSIENT OCCUPANCY TAX) INCENTIVE PROGRAM RESULT: ADOPTED [UNANIMOUS] MOVED BY: Don Biddle, Vice Mayor SECOND: Arun Goel, Councilmember AYES: David Haubert, Don Biddle, Arun Goel, Abe Gupta ABSENT: Melissa Hernandez 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). The City Council directed Staff to contact Cm. Hernandez to see if she would like to serve on the Alameda County Mosquito Abatement District. 10. Adjournment A moment of silence was observed in honor of the victims of the Sutherland Springs, TX mass shooting; and Donald Babbitt, in recognition for his many years of service to the community. The meeting was adjourned by Mayor Haubert at 8:43 p.m. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 17 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e N o v e m b e r 7 , 2 0 1 7 R e g u l a r M e e t i n g ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement for Dublin High Swim Team Use The Wave's Sport Pool Prepared by: Micki Cronin, Asst. Director, Parks and Community Services EXECUTIVE SUMMARY: The City Council will consider approval of an agreement with Dublin Unified School District for use of the Sport Pool at The Wave for the Dublin High School Swim Team. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement with Dublin Unified School District. FINANCIAL IMPACT: It is anticipated that this will be a revenue neutral Agreement for the City. The revenue anticipated from the use is offset by the cost associated with the operations of the sports pool, including lifeguards, utilities and facility staffing costs. DESCRIPTION: Staff has been working with Dublin Unified School District to formalize the use of The Wave Sport Pool for the Dublin High School Swim Team for pre-season and season use. The Agreement establishes the per hour rate, which is inclusive of staffing, facility and utility costs for the City. It also includes information on the times of use during pre- season and season. Further, the Agreement states that per hour rate is exclusive of additional costs associated with swim meets for set-up, equipment use, additional staff or costs for associated for pool use on City holidays. The City worked with the District to establish a per hour rate that was revenue neutral to the City and did not result in the City subsidizing the use by the District. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Dublin Unified School District has received a copy of this staff report. 4.2 Packet Pg. 18 Page 2 of 2 ATTACHMENTS: 1. Resolution Approving an Agreement Between the City of Dublin and Dublin Unified School District for Use of The Wave Outdoor Sport Pool 2. Exhibit A to the Resolution - Agreement 4.2 Packet Pg. 19 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN UNIIFED SCHOOL DISTRICT FOR USE OF THE WAVE OUTDOOR SPORT POOL WHEREAS, the Dublin High School Swim Team is in need of practice and swim meet facility use for Fiscal Year 2017-18; and WHEREAS, the City of Dublin and Dublin Unified School District have agreed to terms and conditions in order for the Dublin High Swim Team to use The Wave’s Outdoor Sport Pool for pre- season and season swim practice and includes provisions for use for swim meets. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement between the City of Dublin and Dublin Unified School District for the Use of the The Wave Outdoor Sport Pool (attached as hereto as Exhibit A). BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreement and make any minor necessary amendments to carry out the intent of this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to enter into extensions and amendments to this Agreement, pursuant to the terms of the Agreement for additional fiscal years, upon mutual agreement of both parties. PASSED, APPROVED AND ADOPTED this 21st day of November 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 2881481.1 4.2.a Packet Pg. 20 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a n A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d D u b l i n U n i f i e d S c h o o l D i s t r i c t f o r U s e o f T h e W a v e O u t d o o r Page 1 of 4 AGREEMENT BY AND BETWEEN CITY OF DUBLIN AND DUBLIN UNIFIED SCHOOL DISTRICT FOR USE OF THE WAVE OUTDOOR SPORT POOL FOR DUBLIN HIGH SWIM TEAM THIS AGREEMENT (“Agreement”) is made and entered into on ________ (“Effective Date”), by and between City of Dublin, (“City”) and Dublin Unified School District (“District”) with respect to the matters hereinafter stated. 1. Intent. District has requested that the Dublin High School Swim Team be granted access to The Wave for pre-season and regular season swim practice, as well as swim meets. In order to accommodate budgetary needs of the District, the City is willing to modify its current rental fee for The Wave’s outdoor sports pool. The rental rate established under this Agreement is $140 per hour. This rate is more specifically detailed in the Agreement. 2. Payments. District agrees to a rental rate of $140 per hour for Fiscal Year 2017- 18 for use of The Wave outdoor pool for the Dublin High School Swim Team, beginning as of the Effective Date, and ending June 30, 2018. The rental rate is inclusive of costs associated with the operation of the outdoor pool, including three Lifeguards, one Head Lifeguard, one Facility Attendant, utilities, rent and maintenance. The $140 per hour rate does not include costs associated with any additional equipment, staff or lifeguards, in excess of the allocations set forth above, or the use of facilities on city holidays, when regular staff is not working. If the District wishes to request any adjustments to the rental rate or schedule, including a request for additional equipment or staff in excess of the allocations set forth above, the request must be made, in writing, at least four (4) business days prior to the requested day. The City will do its best to accommodate requests, but cannot guarantee availability. Should City staff need to stay on premise beyond the contracted time, the hourly rate will be added to the rental fee in 15 minute increments until which time the facility is vacated and all patrons have left the pool deck. City shall invoice the District once after the conclusion of the season. 3. Use by Swim Team for Pre-Season Practice. The District shall be provided access to The Wave’s outdoor pool on the following dates: November 27, 2017 through February 1, 2018 (excluding December 25, 2017 through 28, 2017; January 1, 2018; and 15, 2018) for a total of 34 days from 4:00 p.m. to 6:00 p.m. Monday through Thursday. 4. Use by Swim Team for Season Practice. The District shall be provided access to The Wave’s outdoor pool on the following dates: February 5 through May 18, 2018 (excluding February 19, 2018) for a total of 74 days from 4:00 p.m. to 6:00 p.m. Monday through Friday. 4.2.b Packet Pg. 21 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( S c h o o l D i s t r i c t ' s U s e o f T h e W a v e ' s - S p o r t s P o o l ) Page 2 of 4 5. Use by Swim Team for Swim Meets. Any additional time needed for swim meets (3:30 to 7:30 p.m.) will need to be scheduled and confirmed to ensure for proper staffing and program adjustments as set forth in the above Section 2. The City will do its best to accommodate meet date requests, but cannot guarantee availability. 6. Amendments and/or Extensions of Agreement. This Agreement, including any exhibits hereto, may be amended and/or extended only by mutual written agreement of the City Manager and the Superintendent. Should the District request a continuation of this Agreement for future school years, an amendment, as required by this Section 6, shall set forth any changes to the rate and an extended term. 7. Indemnification. To the maximum extent allowed by law, City shall indemnify, defend, and hold harmless the District, its governing body, and each member thereof, officers, employees and agents, from every expense, cost, loss, claim, demand, suit, action, judgment, liability, or payment, including, but not limited to, attorneys’ fees, arising out of or in any manner connected with any claim, action and/or cause of action brought by or on behalf of any person, third-party or entity against the District, any of its Board of Trustees, officers, agents, employees, or independent contractors, arising from or relating to City, its officers, agents, employees, subcontractors, or persons under City control performance of the terms and conditions of this Agreement. The City shall not be liable for liability arising out of the sole negligence, fraud or willful misconduct of District. To the maximum extent allowed by law, District shall indemnify, defend and hold harmless City, its elected and appointed officials, and its employees, agents and representatives against any and all suits, claims or actions arising out of any injury to persons or property including, but not limited to, death that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement, except where the injury is caused in whole or in part by the City, its employees’ or officers’ own negligence, fraud or willful misconduct. District shall defend any and all such actions, suits, or claims and pay all attorneys’ fees and all other costs and expenses arising therefrom or incurred in connection therewith. Indemnity obligations specifically extend to any injury or death sustained by a District swim team participant during swim practice or a swim meet. 8. Insurance. District shall, at its sole cost and expense, and for the full term of this Agreement, obtain, maintain and provide City with proof of a policy or policies of insurance in an amount or amounts acceptable to the City, to provide coverage of City for the purposes set forth in Section 7 above; provided, however that such insurance shall not be deemed a limitation upon District’s obligation to defend, indemnify and hold harmless the City as specified in Section 7. Such insurance shall be primary. District shall furnish to City evidence of such insurance, naming City as a named or additional insured, prior to commencing District’s use of The Wave for the purposes set forth in this Agreement. 9. Entire Agreement. Each party acknowledges that this Agreement sets forth all covenants, promises, conditions and understanding between the parties regarding the matters set forth herein, and there are no promises, conditions, or understanding either oral or in writing 4.2.b Packet Pg. 22 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( S c h o o l D i s t r i c t ' s U s e o f T h e W a v e ' s - S p o r t s P o o l ) Page 3 of 4 between the parties other than as set forth herein. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them. 10. Effect of Waiver. No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 11. Interpretation of Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements whether oral or written. Any amendment to this Agreement, including an oral modification supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. Both parties have had an equal opportunity to participate in the drafting of this Agreement. The usual construction of an agreement as to the drafting party shall not apply to this Agreement. 12. Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 13. Dispute Resolution. If any dispute arises between the parties that cannot be settled after engaging in good faith negotiations, City and District agree to resolve the dispute in accordance with the following: 13.1 Each party will designate a senior management or executive level representative to negotiate the dispute. Through good faith negotiations, the representatives will attempt to resolve the dispute by any means within their authority. 13.2 If the dispute remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by mediation through a disinterested third person as mediator selected by both Parties. Mediation will begin within thirty (30) days of the selection of this disinterested third party, and will end fifteen (15) days after commencement. The Parties shall equally bear the costs of any mediator, and shall bear their own attorney’s fees for the mediation. 13.3 The alternative dispute resolution process in this section is a material condition to this Agreement and must be exhausted as an administrative remedy prior to either party initiating legal action. This alternative dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code Section 900, et. seq. 4.2.b Packet Pg. 23 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( S c h o o l D i s t r i c t ' s U s e o f T h e W a v e ' s - S p o r t s P o o l ) Page 4 of 4 14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 15. Early Termination. The District may terminate this Agreement at any time upon written notice to the City. Upon notice of early termination, City will invoice the District for the portion of the season actually used and District shall have no further obligation regarding this Agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF DUBLIN __________________________________________ Christopher L. Foss City Manager DUBLIN UNIFIED SCHOOL DISTRICT ___________________________________________ Dr. Leslie Boozer Superintendent ATTEST: ___________________________________________ Caroline Soto City Clerk 2881349.2 00252-00005/4134055.1 4.2.b Packet Pg. 24 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( S c h o o l D i s t r i c t ' s U s e o f T h e W a v e ' s - S p o r t s P o o l ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from October 1, 2017 - October 31, 2017 totaling $4,139,305.52. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED October 1, 2017 through October 31, 2017 Total Number of Payments: 308 Total Amount of Payments: $4,139,305.52 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning October 1, 2017 through October 31, 2017. This report is provided in accordance with the policy adopted November 15, 2011 in Resolution 189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 4.3 Packet Pg. 25 Page 2 of 2 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report-October 2017 4.3 Packet Pg. 26 Print Date: 11/01/2017 City of Dublin Page 1 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 10/02/2017 NEOPOST USA INC 4,000.00 REPLENISH POSTAGE MACHINE Payments Issued 10/2/2017 Total: 4,000.00 10/03/2017 4LEAF INC. 468.00 BUILDING INSPECTION SERVICES AUG 2017 139,777.50 INSPECTION & PLAN CHECK SERVICES AUG 2017 Check Total: 140,245.50 10/03/2017 ABDUL RAZACK, RAJAA 876.00 PRESCHOOL CLASS REFUND 10/03/2017 ALAMEDA CO SHERIFF'S OFFICE 352.50 PRINTING SERVICES AUG 2017 10/03/2017 ALAMEDA CO TRAINING /EDUCATION 100.00 BEHAVIORAL EMOTIONAL INTELLIGENCE CLASS-ROBERTS 100.00 EFFECTIVE EMAIL CLASS REG-NELSON Check Total: 200.00 10/03/2017 ALEX, ROSEMARY 5.67 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 ALLIANT INSURANCE SVCS INC 9,199.64 ACAP INSURANCE FY17-18 10/03/2017 AMADOR, JEANETTE 725.00 SHANNON CENTER RENTAL DEPOSIT REFUND 10/03/2017 AMARAL, ANTHONY 640.00 HERITAGE CENTER RENTAL DEPOSIT REFUND 10/03/2017 AMP PRINTING, INC. 925.49 BUSINESS CARDS 570.61 SPLATTER FESTIVAL PROGRAM PRINTING Check Total: 1,496.10 10/03/2017 AMY'S ENGRAVED SIGNS & AWARDS 293.88 HERITAGE CENTER SIGNAGE 10/03/2017 ANANTHAN, STEFANIE 54.30 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 ANTILLON, OSCAR 1,609.15 REIMB PUBLIC WORKS MANAGER INTERVIEW EXPENSES 10/03/2017 ARLEN NESS, INC. 254.34 POLICE VEHICLE MAINTENANCE 10/03/2017 AT&T - CALNET 3 45.93 SERVICE TO 09/06/17 116.28 SERVICE TO 09/01/17 997.19 SERVICE TO 09/12/17 164.24 SERVICE TO 09/12/17 Check Total: 1,323.64 10/03/2017 BARTLE, EAMON 34.00 REC ACTIVITY TICKET REFUND 10/03/2017 BAY AREA NEWS GROUP 360.00 LEGAL NOTICES JUL 2017 10/03/2017 BIG O TIRES #7 56.56 POLICE VEHICLE TIRES 10/03/2017 BLAYLOCK, CHRISTINA 768.59 REIMB NAT'L SCHOOL SAFETY CONF EXP-BLAYLOCK 10/03/2017 BLEA, JACOB 85.00 REFUND FIRE PERMIT FEE 10/03/2017 BOY SCOUT TROOP 905 1,200.00 SPLATTER FESTIVAL WASTE MANAGEMENT 10/03/2017 C. OVERAA & CO. 60,512.97 AQUATIC COMPLEX CONSTRUCTION SERVICES 10/03/2017 CALTRONICS BUSINESS SYSTEMS 631.08 COPIES AUG 2017 10/03/2017 CHARTER BROS INC. 1,312.50 SPLATTER FESTIVAL SHUTTLE SERVICES 10/03/2017 CHECKERS CATERING 1,192.25 BUSINESS ANNIVERSARY RECEPTION CATERING 10/03/2017 CHEF RAY PRESENTS 1,500.00 SPLATTER FESTIVAL FOOD CARVING DEMONSTRATION 10/03/2017 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET SERVICE AUG 2017 10/03/2017 COMCAST 1,256.95 CABLE & INTERNET SERVICES TO 10/10/17 10/03/2017 DEAM, VALERIE 150.00 SPLATTER FESTIVAL ENTERTAINMENT 10/03/2017 DEPARTMENT OF JUSTICE 722.00 FINGERPRINTING SERVICES AUG 2017 10/03/2017 DEVELOPING MOMENTS PHOTOGRAPHY 1,950.00 SPLATTER FESTIVAL PHOTOGRAPHY SERVICES 10/03/2017 DIABLO PUBLICATIONS 2,792.00 SPLATTER FESTIVAL ADVERTISING 10/03/2017 DIPIETRO & ASSOC. INC 1,881.00 AED PROGRAM ANNUAL FEE 10/03/2017 DUNBAR ARMORED INC 449.33 ARMORED CAR SERVICE AUG 2017 10/03/2017 ENTERPRISE RENT A CAR 1,600.18 SPECIAL INVESTIGATIONS VEHICLE RENTAL AUG 2017 10/03/2017 FIRST STREET TOW 200.00 POLICE EVIDENCE TOW 4.3.a Packet Pg. 27 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 2 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 10/03/2017 GLASS TECH 984.38 SPLATTER FESTIVAL SUPPLIES 10/03/2017 GOLDEN STATE FLEET SVCS INC 110.00 POLICE VEHICLE MAINTENANCE 10/03/2017 GOODYEAR TIRE & RUBBER COMPANY 103.19 POLICE VEHICLE MAINTENANCE 2,130.75 POLICE VEHICLE SPARE TIRES Check Total: 2,233.94 10/03/2017 HATZIKOKOLAKIS, JACQUI 5.40 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 INTERNATIONAL CODE COUNCIL INC 95.00 BLDG OFFICIAL CERTIFICATION RENEWALS-SHREEVE 10/03/2017 IRON MOUNTAIN 285.05 POLICE RECORDS STORAGE SEP 2017 10/03/2017 JACKMAN, SHARI 14.34 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 KRISHNANKUTTY, SANTHOSH 156.00 PRESCHOOL REFUND 10/03/2017 KWON, OHSUNG 393.75 EDUCATION REIMBURSEMENT 75.00 REIMB CASP TRAINING CLASS Check Total: 468.75 10/03/2017 LASER TECHNOLOGY INC. 99.54 LIDAR AND RADAR REPAIR 10/03/2017 LEXISNEXIS RISK SOLUTIONS 421.95 DATABASE SEARCHES AUG 2017 10/03/2017 LIVERMORE AUTO GROUP 46.11 POLICE VEHICLE MAINTENANCE 10/03/2017 LUNA, RICHARD 392.96 REIMB MANAGEMENT ANALYST II CANDIDATE EXPENSES 10/03/2017 MAH, PRESTON 100.00 FARMERS' MARKET ENTERTAINMENT SERVICES 10/03/2017 MARTIN, JULIE 5.00 REC CLASS REFUND 10/03/2017 MCGUIRE & HESTER 546,392.50 SEAN DIAMOND PARK CONSTRUCTION PROJECT 10/03/2017 MCLANE, TEGAN 28.62 MILEAGE REIMBURSEMENT - AUG 2017 10/03/2017 MECHANICS BANK 3,160.89 RETENTION DEPOSIT-AQUATIC COMPLEX PROJECT 10/03/2017 MEYERS NAVE 709.50 LEGAL SERVICES 10/03/2017 MITY-LITE, INC. 4,236.50 TABLES FOR SENIOR CENTER CLASS ROOMS 10/03/2017 MORELAND, SHARE 48.00 RECREATION VAN TRIP REFUND 10/03/2017 NATIONAL CIVIC LEAGUE 2,500.00 ANNUAL MEMBERSHIP DUES FY17-18 10/03/2017 NEOPOST USA INC 674.15 FOLDING MACHINE MAINT OCT-DEC 2017 10/03/2017 OLSON, JEANNE 175.00 REC CLASS REFUND 10/03/2017 OZUNA, CHELSEA 600.00 SPLATTER FESTIVAL CULINARY SERVICES 10/03/2017 PATEL, TEJAL 144.00 REC ACTIVITY REFUND 10/03/2017 PEERZADA, KHALID 30.00 REFUND DEPOSIT PICNIC AREA 10/03/2017 PG&E 9,015.43 SERVICE TO 8/15/17 3,764.98 SERVICE TO 8/30/17 4,980.26 SERVICE TO 8/31/17 203.07 SERVICE TO 9/06/17 5,473.25 SERVICE TO 9/07/17 80.85 SERVICE TO 9/11/17 2,592.77 SERVICE TO 9/12/17 320.57 SERVICE TO 9/13/17 25.89 SERVICE TO 9/14/17 52.91 SERVICE TO 9/15/17 Check Total: 26,509.98 10/03/2017 PHILLIPS, TYLER 21.29 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 PULLUM, SHEILA ANN 725.00 REFUND DEPOSIT SENIOR CENTER RENTAL 10/03/2017 REGIONAL GOVERNMENT SERVICES 413.85 AUDITING SVCS FOR HUMAN RESOURCES DIVISION 10/03/2017 SAN RAMON, CITY OF 300.00 TRI-VALLEY CITIES MEETING-6 ATTENDEES 10/03/2017 SARASUA, VIKKI 170.80 REIMB NAT'L SCHOOL SAFETY CONF EXP-SARASUA 10/03/2017 SHUMS CODA ASSOCIATES INC 192.50 INSPECTION & PLAN CHECK SERVICES 4.3.a Packet Pg. 28 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 3 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 10/03/2017 SHUPPERT, PATRICIA 48.00 RECREATION VAN TRIP REFUND 10/03/2017 SMITH-COLLINS, YVONNE D. 10.00 PARKING CITATION OVERPAYMENT REFUND 10/03/2017 STAPLES BUSINESS ADVANTAGE 4,815.87 OFFICE SUPPLIES AUG 2017 10/03/2017 STONERIDGE CHRYSLER JEEP DODGE 153.29 POLICE VEHICLE MAINTENANCE 10/03/2017 SUAREZ & MUNOZ CONSTRUCTION 26,058.50 DUBLIN SPORTS GROUNDS CONSTRUCTION 10/03/2017 T-MOBILE USA, INC. 50.00 INVESTIGATIONS CELL TOWER DATA RETRIEVAL 1,100.00 INVESTIGATIONS PHONE DATA RECOVERY Check Total: 1,150.00 10/03/2017 TOLL BROTHERS INC. 185.00 BUILDING PERMIT REFUND 10/03/2017 TPX COMMUNICATIONS 2,518.81 INTERNET & PHONE SERVICE SEP 2017 10/03/2017 TRB AND ASSOCIATES, INC. 7,020.00 INSPECTION & PLAN CHECK SERVICES AUG 2017 10/03/2017 TREASURER ALAMEDA COUNTY 456.50 POLICE CRIME LAB SERVICES AUG 2017 10/03/2017 VALLURI, VENKATA 75.00 REC CLASS REFUND 10/03/2017 VISION COMMUNICATIONS CO 425.00 SPLATTER FESTIVAL RADIO RENTALS 10/03/2017 WC3-WEST COAST CODE CONSULTANT 24,556.25 INSPECTION & PLAN CHECK SERVICES AUG 2017 10/03/2017 WETHERFORD, HAZEL 20.17 MILEAGE REIMBURSEMENT AUG 2017 10/03/2017 YAMAHA GOLF CARTS OF CALIF INC 3,074.84 SPLATTER FESTIVAL GOLF CART RENTALS Payments Issued 10/3/2017 Total: 901,167.36 10/06/2017 CAL PERS 68,875.95 PERS RETIREMENT PLAN: PE 9/29/17 10/06/2017 EMPLOYMENT DEVELOPMENT DEPT 15,676.43 CA STATE WITHHOLDING: PE 9/29/17 10/06/2017 I C M A 401 PLAN 895.00 DEFERRED COMP 401A: PE 9/29/17 10/06/2017 I C M A 457 PLAN 24,214.51 DEFERRED COMP 457: PE 9/29/17 10/06/2017 INTERNAL REVENUE SERVICE 57,362.41 FEDERAL WITHHOLDING: PE 9/29/17 10/06/2017 US BANK - PARS 4,741.92 PARS: PE 9/29/17 10/06/2017 WAGEWORKS, INC. 4,268.45 WAGEWORKS 2017: PE 9/29/17 Payments Issued 10/6/2017 Total: 176,034.67 10/09/2017 U.S. BANK CORPORATE PMT SYSTEM 23.88 ADOBE EXPORT PDF HOST WEB FEE 60.34 BUSINESS RECOGNITION SUPPLIES 88.04 AFFORDABLE HOUSING MEMBERSHIP 443.94 CA RESOURCE ASSN ANNUAL CONF EXP-PARNES 475.00 CITY CLERKS NEW LAW & ELECTIONS CONF-SOTO 487.14 CITY CLERKS NEW LAW & ELECTIONS CONF-SOLORZANO 2,402.23 SISTER CITIES MEMBERSHIP, NLC CONF REG-HERNANDEZ 3,813.00 NATIONAL LEAGUE OF CITIES MEMBERSHIP 419.09 CITY PHONE REPAIR & EXCEL TRAINING-FARRUGGIA 563.00 CODE ENFORCEMENT OFFICERS CONF REG-BAXLEY 576.53 COMPUTER EQUIPMENT 103.96 ECONOMIC DEVELOPMENT COMMITTEE MTG SUPPLIES 1,022.76 EMPLOYMENT ADVERTISEMENTS 1,504.15 REC ACTIVITY GUIDE DIGITAL ED, ARTS LIVE POSTCARDS 439.74 FAMILY CAMPOUT SUPPLIES 4.3.a Packet Pg. 29 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 4 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 986.68 GFOA DUES-FINANCE, FISCAL SUSTAINABILITY SUPPLIES 1,144.07 HERITAGE CENTER & MUSEUM SUPPLIES 30.28 HERITAGE CENTER SUPPLIES 634.20 TRANSPORTATION SOCIETY CONF EXP - KHAN 1,751.76 CHIEFS OF POLICE CONF EXP - SCHMIDT 14.60 LOCAL HAZARD MITIGATION PLAN MEETING SUPPLIES 52.20 LUNCH FOR PLANNING INTERVIEW PANEL 79.99 MUNI INFO SYSTEM ASSN OF CA CONF REG - EISLER 2,858.56 NAT'L REC & PARKS ASSN CONF EXPENSES-RODEMS 813.96 OFFICE EQUIPMENT & SUPPLIES 13.09 OFFICE SUPPLIES 24.17 OFFICE SUPPLIES 3,096.98 POLICE EVIDENCE & TRAFFIC SUPPLIES 741.24 POLICE SUPPLIES 1,505.47 PRESCHOOL CLASSROOM SUPPLIES 1,155.09 PRESCHOOL SUPPLIES 36.00 PUBLIC WORKS ASSN LUNCHEON-RUSSELL 3,231.47 RECREATION SUPPLIES -0.01 REFUND FOR P&CS SOFTWARE TESTING 7.70 REGIONAL GOV'T SERVICES MEETING EXP-CARTER 115.82 REGIONAL INVESTIGATORS MEETING SUPPLIES 1,754.32 ROSE GARDEN AND SPLATTER EVENT SUPPLIES 13.65 OFFICE SUPPLIES 2,949.92 STAFF UNIFORMS & WAVE SUPPLIES 12.00 TRANSPORTATION COMMISSION MEETING EXP-HAUBERT 2,267.06 WALK & ROLL COMMUNITY PROMOTIONAL SUPPLIES 193.50 WAVE CLEANING SUPPLIES 2,391.20 WAVE PARTY PACKAGE SUPPLIES 619.05 WAVE SUPPLIES 1,717.00 WORLD WATERPARK ASSO CONF-CRONIN &SANDHOLM Check Total: 42,633.82 Payments Issued 10/9/2017 Total: 42,633.82 10/10/2017 DSRSD 24,482.28 SERVICE TO 9/14/2017 Payments Issued 10/10/2017 Total: 24,482.28 10/11/2017 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES AUG 2017 10/11/2017 ADVANCED INTEGRATED PEST 945.00 PEST CONTROL SERVICES SEP 2017 10/11/2017 ALL CITY MANAGEMENT SVCS INC 8,138.88 CROSSING GUARD SERVICES 8/27/17 - 9/9/17 10/11/2017 AMADOR VALLEY INDUSTRIES LLC 590.35 COMMERCIAL RECYCLING PROGRAM JUL 2017 10/11/2017 AMY'S ENGRAVED SIGNS & AWARDS 27.31 EMPLOYEE NAME PLATE-ANTILLON 27.31 EMPLOYEE NAMEPLATE - IARLA Check Total: 54.62 10/11/2017 ARAMARK UNIFORM SVC LOCKBOX 41.36 MAT SERVICE-CIVIC CENTER 4.3.a Packet Pg. 30 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 5 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 28.00 MAT SERVICE-CORP YARD 37.03 MAT SERVICE-SENIOR CENTER 14.68 MAT SERVICE-SHANNON CENTER Check Total: 121.07 10/11/2017 AT&T - CALNET 3 479.29 SERVICE TO 09/14/17 10/11/2017 BESS, KENNETH 3,510.50 PARKS SIGN DESIGN SERVICES 10/11/2017 BIG O TIRES #7 146.25 POLICE VEHICLE TIRE INSTALLATION & MAINTENANCE 10/11/2017 BILLINGSLEY, KIM 4.00 REC CLASS REFUND 10/11/2017 BPXPRESS 789.86 PRINTING SERVICES-POLICE SVCS PROJECT 10/11/2017 BREILH, MARY 4.00 REC CLASS REFUND 10/11/2017 BSK ASSOCIATES INC. 767.00 GEOTECHNICAL SERVICES-DUBLIN SPORTS GROUNDS 2,187.36 GEOTECHNICAL SERVICES-CLOVER PARK Check Total: 2,954.36 10/11/2017 CALIFORNIA SPIRIT ELITE, INC. 100.80 REC CLASS INSTRUCTOR 10/11/2017 CHANDLER ASSET MANAGEMENT 10,093.71 INVESTMENT CONSULTING SERVICES AUG 2017 10,097.51 INVESTMENT CONSULTING SERVICES SEP 2017 Check Total: 20,191.22 10/11/2017 CINTAS CORP 51.38 FIRST AID KIT SUPPLIES 10/11/2017 COIT SERVICES, INC. 250.00 CARPET CLEANING SERVICES-HERITAGE PARK 250.00 CARPET CLEANING SERVICES-THE WAVE Check Total: 500.00 10/11/2017 COUNTY OF ALAMEDA 27.00 ASSESSOR'S MAPS 10/11/2017 CRESCO EQUIPMENT RENTALS 5,021.60 SPLATTER FESTIVAL EQUIPMENT RENTAL 10/11/2017 ECOLAB, INC. 154.37 SENIOR CENTER APPLIANCE REPAIR 985.69 SENIOR CENTER SUPPLIES Check Total: 1,140.06 10/11/2017 ENTERPRISE RENT A CAR 1,600.18 SPECIAL INVESTIGATIONS VEHICLE RENTAL SEP 2017 10/11/2017 ETS CORPORATION 8,309.69 REC PRGM ELECTRONIC MERCHANT FEES JUL 2017 9,467.72 REC PRGM ONLINE PAYMENT MERCHANT FEES JUL 2017 Check Total: 17,777.41 10/11/2017 EVERYTHING GROWS INTERIOR 263.92 PLANT SERVICE OCT 2017 10/11/2017 FEHR & PEERS 14,533.51 TRANSPORTATION IMPACT FEE NEXUS STUDY 10/11/2017 FRANCE MEDIA WEST 1,600.00 CITY MARKETING ADS 10/11/2017 HAAG, JERRY P 1,399.25 CEQA DOCS TASSAJARA PRECISE PLAN 10/11/2017 HARPER, CPA & ASSOCIATES, KEVIN W 3,410.00 DOCUMENT FINANCIAL POLICIES AUG 2017 5,390.00 DOCUMENT FINANCIAL POLICIES JUL 2017 Check Total: 8,800.00 10/11/2017 HAYWARD RUBBER STAMP CO INC 82.47 OFFICE SUPPLIES 10/11/2017 INTERNATIONAL CODE COUNCIL INC 95.54 BUILDING CODE REFERENCE BOOKS 10/11/2017 INT'L ASSN OF ELECTRICAL INSP 120.00 INT'L ASSN OF ELECTRICAL INSPECTORS DUES-SHREEVE 10/11/2017 IRMEN, SHARON 40.00 RECREATION TRIP REFUND 10/11/2017 JOCHNER, RICH 106.84 MILEAGE REIMBURSEMENT AUG 2017 10/11/2017 JOHNSTON, LAURA 500.00 PETTY CASH FOR HERITAGE CTR HARVEST FAIR 10/11/2017 KAPADIA, MARIA 567.00 REC CLASS INSTRUCTOR 10/11/2017 KIER & WRIGHT CIVIL ENGINEERS 1,800.00 ENGINEERING SERVICES 10/11/2017 KIMLEY-HORN AND ASSOC. INC. 5,751.54 CONSTRUCTION SUPPORT DOUGHERTY RD IMPROV 10/11/2017 KRISHNANKUTTY, SANTHOSH 156.00 PRESCHOOL REFUND 10/11/2017 L.A. STEELCRAFT PRODUCTS INC. 7,304.34 BENCHES FOR DUBLIN SPORTS GROUNDS RENOVATION 10/11/2017 LAI & ASSOCIATES 3,569.22 GEOTECHNICAL SERVICES-FALLON SPORTS PARK 4.3.a Packet Pg. 31 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 6 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 1,148.16 GEOTECHNICAL SERVICES-SEAN DIAMOND PARK Check Total: 4,717.38 10/11/2017 LEXISNEXIS RISK SOLUTIONS 352.50 DATABASE SEARCHES - SEP 2017 10/11/2017 LIVERMORE AUTO GROUP 155.29 POLICE VEHICLE MAINTENANCE 10/11/2017 LONE TREE CEMETERY ASSOCIATION 5,300.00 BURIAL SERVICES & EQUIPMENT RENTAL 10/11/2017 MANAGEMENT PARTNERS INC. 6,000.00 FISCAL SUSTAINABILITY TASK FORCE COORDINATION 10/11/2017 MATHUR, RADIKA 120.00 REC CLASS REFUND 10/11/2017 MEYERS NAVE 14,578.17 LEGAL SERVICES 10/11/2017 MICHAEL BAKER INT'L, INC. 5,568.75 HOUSING ASSISTANCE BMR PROGRAM ADMIN 2,533.75 HOUSING ASSISTANCE BMR RENTAL HSG POLICIES Check Total: 8,102.50 10/11/2017 MINUTEMAN PRESS 1,035.69 SENIOR CENTER NEWSLETTING PRINTING 10/11/2017 MUTOBE, ROSE 4.00 REC CLASS REFUND 10/11/2017 OLSON, JEANNE 4.00 REC CLASS REFUND 10/11/2017 PG&E 11,047.36 SERVICE TO 09/15/17 4,658.86 SERVICE TO 09/25/17 102.25 SERVICE TO 09/26/17 9,861.98 SERVICE TO 09/15/17 Check Total: 25,670.45 10/11/2017 PGADESIGN INC. 16,130.99 LANDSCAPE ARCHITECTURE SVCS-SUBAREA 3 PARK 10/11/2017 PHOENIX GROUP INFO SYS. 227.70 PARKING CITATION PROCESSING AUG 2017 10/11/2017 PUBLIC RESTROOM COMPANY 217.92 SCORE KEEPER BOOTHS DUBLIN SPORTS GROUNDS 10/11/2017 SANCHEZ, EVELYN 500.00 DEPOSIT REFUND SENIOR CENTER RENTAL 10/11/2017 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING SEP 2017 1,500.00 SOFTWARE LICENSING OCT 2017 Check Total: 3,000.00 10/11/2017 SPECIAL EVENTS 17,829.05 SPLATTER FESTIVAL EQUIPMENT RENTAL 10/11/2017 SPOT COOLERS 9,425.00 PORTABLE HVAC UNITS 10/11/2017 STONERIDGE CHRYSLER JEEP DODGE 287.78 POLICE VEHICLE MAINTENANCE 10/11/2017 TECHSPLOSION 4,998.00 REC CLASS INSTRUCTOR 10/11/2017 T-MOBILE USA, INC. 440.47 CELL PHONE SERVICES TO 9/20/17 10/11/2017 TRAN, TINA 17.50 REC CLASS REFUND 10/11/2017 TREASURER ALAMEDA COUNTY 2,065.50 PARKING CITATIONS COLLECTED AUG 2017 10/11/2017 TRI-VALLEY JANITORIAL INC. 295.00 EXTRA JANITORIAL SERVICES-SENIOR CENTER 1,200.00 EXTRA JANITORIAL SERVICES-THE WAVE 405.91 JANITORIAL SUPPLIES-CIVIC CENTER 219.68 JANITORIAL SUPPLIES-HERITAGE PARK 535.53 JANITORIAL SUPPLIES-LIBRARY MAIN 261.53 JANITORIAL SUPPLIES-SHANNON CENTER 465.30 JANITORIAL SUPPLIES-THE WAVE Check Total: 3,382.95 10/11/2017 TULSI, GAGAN 103.00 REC CLASS REFUND 10/11/2017 UNITED SITE SERVICES OF CA INC 630.85 DISPOSAL SERVICES-OCT 2017 630.85 DISPOSAL SERVICES-SEP 2017 Check Total: 1,261.70 10/11/2017 VALI COOPER & ASSOCIATES INC 34,277.50 ANNUAL STREET RESURFACING PROJECT INSPECTION 10/11/2017 VALLEY WINDOW CLEANING INC 450.00 WINDOW CLEANING SERVICES-CIVIC CENTER 1,000.00 WINDOW CLEANING SERVICES-HERITAGE PARK 4.3.a Packet Pg. 32 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 7 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description Check Total: 1,450.00 10/11/2017 VALLEYCARE OCCUPATIONAL HEALTH 120.00 PRE-EMPLOYMENT SCREENINGS 10/11/2017 VERIZON WIRELESS 1,814.36 POLICE CELL PHONE SERVICE TO 09/03/17 10/11/2017 WAGEWORKS, INC. 506.75 FLEXIBLE SPENDING ACCOUNT FEES SEP 2017 Payments Issued 10/11/2017 Total: 272,364.39 10/12/2017 FRANKEL, AVRAM JACOB 550.00 HARVEST FAIR ENTERTAINMENT Payments Issued 10/12/2017 Total: 550.00 10/18/2017 3I ADVERTISING, LLC. 6,965.94 ADVERTISING & MARKETING FOR THE WAVE 10/18/2017 ADAMEK, RUDOLF 100.00 FARMERS’ MARKET ENTERTAINMENT 10/18/2017 AIR SCIENCE USA LLC 1,542.00 POLICE EVIDENCE CABINET SUPPLIES 10/18/2017 ALAMEDA COUNTY ENVIRONMENTAL 834.00 HAZMAT FILING FEE-THE WAVE 10/18/2017 ALAMEDA COUNTY TRAINING CENTER 175.00 ALAMEDA COUNTY WRITING TRAINING-JOHNSON 10/18/2017 ALAMEDA HEALTH SYSTEM 1,050.00 POLICE MEDICAL EXAM SERVICES 10/18/2017 AMS.NET, INC. 1,787.74 DATA & TELEPHONE CABLING 10/18/2017 AMY'S ENGRAVED SIGNS & AWARDS 128.37 PLANNING NAMEPLATES AND ADA SIGNS 10/18/2017 ANANTHAN, STEFANIE 21.67 MILEAGE REIMBURSEMENT SEP 2017 10/18/2017 ARORA, AKSHAY 5,088.00 REC CLASS INSTRUCTOR 10/18/2017 BERLINER COHEN LLP 2,160.00 CITY ATTORNEY CONTRACT EVALUATION SERVICES 10/18/2017 BIG O TIRES #7 141.39 POLICE VEHICLE TIRE INSTALLATION & MAINT 10/18/2017 BRICKS 4 KIDZ 1,046.40 REC CLASS INSTRUCTOR 10/18/2017 CALTRONICS BUSINESS SYSTEMS 702.52 COPIES SEP 2017 10/18/2017 CENTENO, CAMILLE 10.49 MILEAGE REIMBURSEMENT SEP 2017 10/18/2017 CHAN, ROSA 256.00 REC CLASS INSTRUCTOR 10/18/2017 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET SERVICE OCT 2017 10/18/2017 COMMUNICATION ACADEMY 6,799.80 REC CLASS INSTRUCTOR 10/18/2017 COSTAR REALTY INFORMATION INC. 6,069.07 REAL ESTATE INFORMATION SOFTWARE SUBSCRIPTION 10/18/2017 CSG CONSULTANTS INC 7,208.00 ENGINEERING SERVICES JUL 2017 10/18/2017 DELL MARKETING L.P. 5,805.32 COMPUTER EQUIPMENT 10/18/2017 DENG, JUN YUAN 522.00 REC CLASS INSTRUCTOR 10/18/2017 DEPARTMENT OF JUSTICE 463.00 FINGERPRINTING SERVICES SEP 2017 10/18/2017 DUBLIN CHAMBER OF COMMERCE 490.00 DUBLIN CHAMBER ANNUAL BBQ REG-14 ATTENDEES 10/18/2017 DUTCHOVER & ASSOCIATES 10,351.25 PLANNING SERVICES AUG 2017 10/18/2017 EAST BAY LEADERSHIP COUNCIL 1,230.00 EAST BAY LEADERSHIP COUNCIL ANNUAL MEMBERSHIP 10/18/2017 FALLON, DEBORAH P. 90.00 REC CLASS INSTRUCTOR 10/18/2017 FEDEX 56.48 EXPRESS SHIPPING 10/18/2017 FORD STORE SAN LEANDRO, THE 22,800.49 POLICE VEHICLE REPLACEMENT 10/18/2017 FRANCE MEDIA WEST 1,600.00 CITY MARKETING ADS 10/18/2017 GAVAGAN BOZZO, TARYN 44.59 MILEAGE REIMBURSEMENT OCT 2017 22.47 MILEAGE REIMBURSEMENT SEP 2017 Check Total: 67.06 10/18/2017 GRAFIX SHOPPE 883.77 POLICE VEHICLE DECALS 10/18/2017 HATZIKOKOLAKIS, JACQUI 9.74 MILEAGE REIMBURSEMENT SEP 2017 10/18/2017 JOCHNER, RICH 67.46 MILEAGE REIMBURSEMENT SEP 2017 10/18/2017 KIMLEY-HORN AND ASSOC. INC. 9,824.00 BART TO LIVERMORE DRAFT EIR PREPARATION 2,643.12 CEQA ANALYSIS-CARL ZEISS PROJECT 8,235.85 CEQA ANALYSIS-DUBLIN STATION SITE A-3 4.3.a Packet Pg. 33 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 8 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description Check Total: 20,702.97 10/18/2017 KING, ARTHUR SCOTT 115.20 REC CLASS INSTRUCTOR 10/18/2017 LANGUAGE LINE SERVICES 42.65 LANGUAGE LINE SERVICES SEP 2017 10/18/2017 LANLOGIC INC. 15,540.00 NETWORK ENGINEERING SUPPORT SEP 2017 345.00 SOFTWARE LICENSES Check Total: 15,885.00 10/18/2017 LITTLE MEDICAL SCHOOL 3,927.00 REC CLASS INSTRUCTOR 10/18/2017 LIVERMORE AUTO GROUP 1,651.15 POLICE VEHICLE MAINTENANCE 10/18/2017 MAH, PRESTON 200.00 FARMERS' MARKET ENTERTAINMENT SERVICES 10/18/2017 MECCHI, JEFF 201.96 REIMB NAT'L SCHOOL SAFETY CONFERENCE EXP-MECCHI 10/18/2017 MEYERS NAVE 44,112.49 LEGAL SERVICES AUG 2017 10/18/2017 M-GROUP 1,455.00 PLANNING SERVICES AUG 2017 3,777.50 PLANNING SERVICES BOULEVARD PROJ PH 1 4,265.00 PLANNING SERVICES BOULEVARD PROJ PH 2-3 805.00 PLANNING SVCS-TASSAJARA HILLS/MOLLER RANCH Check Total: 10,302.50 10/18/2017 PAKPOUR CONSULTING GROUP, INC. 17,337.64 ENGINEERING SERVICES AUG 2017 10/18/2017 PHILLIPS, TYLER 26.11 MILEAGE REIMBURSEMENT SEP 2017 10/18/2017 PRIME TIME ENTERTAINMENT INC 315.00 EQUIPMENT RENTAL FOR PERFORMING ARTS EVENT 10/18/2017 RISING SUN ENERGY CENTER 5,000.00 ENERGY & WATER CONSERVATION EDUCATION SVCS 10/18/2017 RRM DESIGN GROUP, A CA CORP 1,138.75 ENGINEERING SERVICES JUL 2017 9,513.93 PLANNING SERVICES AUG 2017 Check Total: 10,652.68 10/18/2017 SHAMROCK OFFICE SOLUTIONS INC 12,972.07 COPIER MAINTENANCE JUL-DEC 2017 76.00 COPIES Check Total: 13,048.07 10/18/2017 SNG & ASSOCIATES INC. 25,988.50 ENGINEERING SERVICES JUL 2017 10/18/2017 SPANISH ACADEMY 378.00 REC CLASS INSTRUCTOR 10/18/2017 SUCGANG, LAURIE 65.00 LEADERSHIP TRAINING - SUCGANG 10/18/2017 TREASURER ALAMEDA COUNTY 4,526.00 RETURN OF ASSET SEIZURE FUNDS 10/18/2017 VALENTIN, M. 112.20 REC CLASS INSTRUCTOR 10/18/2017 VSI RISK MGMT & ERGONOMICS INC 1,535.00 ERGONOMIC SERVICES 10/18/2017 WEISS, ROBIN S. 420.00 REC CLASS INSTRUCTOR Payments Issued 10/18/2017 Total: 265,287.08 10/20/2017 CAL PERS 71,453.47 PERS RETIREMENT PLAN: PE 10/13/17 10/20/2017 CAL PERS HEALTH PREMIUM 127,958.33 HEALTH INSURANCE PREMIUM - NOV 2017 10/20/2017 DELTA DENTAL OF CALIFORNIA 12,199.09 DELTA DENTAL PREMIUM - NOV 2017 10/20/2017 EMPLOYMENT DEVELOPMENT DEPT 15,882.68 CA STATE WITHHOLDING: PE 10/13/17 10/20/2017 I C M A 401 PLAN 895.00 DEFERRED COMP 401A: PE 10/13/17 10/20/2017 I C M A 457 PLAN 25,232.35 DEFERRED COMP 457: PE 10/13/17 10/20/2017 INTERNAL REVENUE SERVICE 57,855.07 FEDERAL WITHHOLDING: PE 10/13/17 10/20/2017 US BANK - PARS 4,087.54 PARS: PE 10/13/17 10/20/2017 VISION SERVICE PLAN - (CA) 1,300.47 VISION INSURANCE PREMIUM - NOV 2017 10/20/2017 WAGEWORKS, INC. 5,231.90 WAGEWORKS 2017: PE 10/13/17 Payments Issued 10/20/2017 Total: 322,095.90 10/23/2017 ALAMEDA COUNTY TRAINING CENTER 175.00 ALAMEDA COUNTY WRITING TRAINING-BLANCO 4.3.a Packet Pg. 34 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 9 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 175.00 ALAMEDA COUNTY WRITING TRAINING-WILKINSON Check Total: 350.00 Payments Issued 10/23/2017 Total: 350.00 10/25/2017 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES SEPT 2017 10/25/2017 ALPHA MEDIA LLC 2,800.00 SPLATTER FESTIVAL ADVERTISING 10/25/2017 ARAMARK UNIFORM SVC LOCKBOX 136.54 MAT SERVICE-CIVIC CENTER 84.00 MAT SERVICE-CORP YARD 111.09 MAT SERVICE-SENIOR CENTER 48.46 MAT SERVICE-SHANNON CENTER Check Total: 380.09 10/25/2017 AT&T - CALNET 3 290.29 SERVICE TO 09/26/17 101.37 SERVICE TO 09/27/17 112.52 SERVICE TO 10/01/17 44.13 SERVICE TO 10/06/17 Check Total: 548.31 10/25/2017 BANNER BANK 18,585.14 RETENTION DEPOSIT-FALLON SPORTS PARK CONSTR 10/25/2017 BAY ALARM COMPANY 5,784.54 ALARM SERVICES-10/01/17-01/01/18 150.00 DEPOSIT FOR ALARM SERVICES AT THE WAVE 95.00 PANIC BUTTON TESTING CIVIC CENTER 95.00 PANIC BUTTON TESTING POLICE SERVICES 95.00 PANIC BUTTON TESTING SENIOR CENTER Check Total: 6,219.54 10/25/2017 BAY AREA NEWS GROUP 189.75 PLANNING LEGAL NOTICES SEP 2017 10/25/2017 BAY ISLAND OFFICIAL ASSOC 5,414.00 SPORTS OFFICIATING SERVICES 10/25/2017 BELLECCI & ASSOCIATES, INC. 26,973.95 DUBLIN BLVD WIDENING DESIGN PROJECT 10/25/2017 BPXPRESS 454.10 PRINTING SERVICES-DOUGHERTY RD WIDENING 10/25/2017 CALIFORNIA BUILDING STANDARDS 2,592.90 GREEN BUILDING FEES JUL-SEP 2017 10/25/2017 CALIFORNIA SPIRIT ELITE, INC. 503.46 REC CLASS INSTRUCTOR 10/25/2017 CARDUCCI AND ASSOCIATES INC. 6,000.00 FALLON SPORTS PARK LANDSCAPE ARCHITECTURE 10/25/2017 CEL CONSULTING INC. 5,520.00 PLAN CHECK SERVICES SEP 2017 10/25/2017 CODE PUBLISHING COMPANY 100.25 MUNI CODE CODIFICATION 10/25/2017 COIT SERVICES, INC. 469.00 CARPET CLEANING SERVICES-CIVIC CENTER 1,137.00 CARPET CLEANING SERVICES-LIBRARY Check Total: 1,606.00 10/25/2017 CONSOLIDATED ENGINEERING 3,570.00 INSPECTION SERVICES DUBLIN BLVD RULE 20A 10/25/2017 DEPT OF CONSERVATION 9,709.06 SEISMIC HAZARD MAPPING FEE JUL-SEP 2017 10/25/2017 DIV OF THE STATE ARCHITECT 819.30 BUSINESS LICENSE ADMIN CASP FEE JUL-SEP 2017 10/25/2017 DSRSD 406,492.83 SERVICE TO 9/30/2017 10/25/2017 DUBLIN HIGH SCHOOL BAND 707.70 SPLATTER CARNIVAL GAME OPERATOR PAYMENT 10/25/2017 DUTCHOVER & ASSOCIATES 9,145.00 PLANNING SERVICES SEP 2017 10/25/2017 E. MAJDALANI CONSTRUCTION 39,821.00 CONSTRUCTION MANAGEMENT-FALLON SPORTS PARK 10/25/2017 EAST BAY POOL SERVICE, INC. 21,120.00 POOL MAINTENANCE SERVICES JUL/AUG 2017 10/25/2017 ELLIOTT, ELIZABETH 61.53 MILEAGE REIMBURSEMENT SEP 2017 10/25/2017 ETS CORPORATION 137.79 PCS CREDIT CARD READERS SHIPPING FEES 10/25/2017 FIRST CARBON SOLUTIONS 9,900.00 PLANNING SERVICES-IKEA PROJECT EIR 10/25/2017 FRANCHISE TAX BOARD 37.49 WAGE ASSIGNMENT: PE 10/13/17 4.3.a Packet Pg. 35 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 10 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 10/25/2017 GEOSYNTEC CONSULTANTS, INC. 2,416.12 GREEN INFRASTRUCTURE/STORMWTR RESOURCE PLAN 10/25/2017 H. T. HARVEY & ASSOCIATES 5,226.36 CONSULTING SERVICES-DOUGHERTY RD IMPROVEMENTS 10/25/2017 HAAG, JERRY P 857.73 PLANNING SERVICES SEP 2017 10/25/2017 HD SUPPLY CONST & INDUSTRIAL 38.23 PUBLIC WORKS PROJECT SUPPLIES 10/25/2017 HSI, RON 960.96 REC CLASS INSTRUCTOR 10/25/2017 JOHN KNOX PRESBYTERIAN CHURCH 208.60 SPLATTER CARNIVAL GAME OPERATOR PAYMENT 10/25/2017 KASSAB, ZINA 432.00 REC CLASS INSTRUCTOR 10/25/2017 KIMLEY-HORN AND ASSOC. INC. 3,303.90 CEQA ANALYSIS-CARL ZEISS PROJECT 12,942.05 CEQA ANALYSIS-DUBLIN STATION SITE A-3 Check Total: 16,245.95 10/25/2017 LAS POSITAS COLLEGE 175.00 TABLE RENTAL FOR WAVE JOB RECRUITMENT 10/25/2017 LESLIE'S POOLMART, INC. 43.20 POOL CHEMICAL FOR THE WAVE 10/25/2017 LOCAL SPIRITUAL ASSEMBLY OF BAHA'IS OF FREMONT 750.00 DEPOSIT REFUND SHANNON CENTER RENTAL 10/25/2017 MAKE ME A PRO SPORTS 2,435.40 REC CLASS INSTRUCTOR 10/25/2017 MARTIAL ARTS AMERICA 777.00 REC CLASS INSTRUCTOR 10/25/2017 MATRISCOPE ENGINEERING 984.40 INSPECTION & TESTING-FALLON SPORTS PARK 10/25/2017 MCE CORPORATION 506,175.08 BUILDING MAINTENANCE SEP 2017 10/25/2017 MCLANE, TEGAN 17.82 MILEAGE REIMBURSEMENT SEP 2017 10/25/2017 MEIN, STEPHANIE 26.27 MILEAGE REIMBURSEMENT AUG 2017 56.66 MILEAGE REIMBURSEMENT SEP 2017 Check Total: 82.93 10/25/2017 NGO, TRANG 750.00 DEPOSIT REFUND SHANNON CENTER RENTAL 10/25/2017 OMNI-MEANS LTD 1,254.00 RADAR SPEED SURVEY 10/25/2017 PATHWAY COMMUNITY CHURCH 1,969.60 SPLATTER CARNIVAL GAME OPERATOR PAYMENT 10/25/2017 PG&E 133.93 SERVICE TO 09/12/17 186.94 SERVICE TO 09/28/17 2,175.42 SERVICE TO 10/01/17 16,863.51 SERVICE TO 10/02/17 20,021.47 SERVICE TO 10/05/17 1,178.94 SERVICE TO 10/06/17 73.40 SERVICE TO 10/10/17 2,048.80 SERVICE TO 10/11/17 189.14 SERVICE TO 10/12/17 701.15 SERVICE TO 09/28/17 116.36 SERVICE TO 09/29/17 23.95 SERVICE TO10/11/17 Check Total: 43,713.01 10/25/2017 PUBLIC BENEFIT TECHNOLOGY 220.00 CITY COUNCIL MTG VIDEO SERVICES JUL 2017 10/25/2017 QUENCH USA, INC. 895.90 WATER FILTER SYSTEM SERVICES 10/25/2017 RAYNE OF SAN JOSE 144.65 WATER SOFTENER SERVICES F/S #16 163.80 WATER SOFTENER SERVICES F/S #17 121.80 WATER SOFTENER SERVICES F/S #18 Check Total: 430.25 10/25/2017 REVOLUTIONARY GREEN 1,630.75 SPLATTER FESTIVAL WASTE DIVERSION SUPPORT 10/25/2017 ROBERT A. BOTHMAN, INC. 353,573.73 FALLON SPORTS PARK CONSTRUCTION SERVICES 10/25/2017 RRM DESIGN GROUP, A CA CORP 1,895.00 DUBLIN SPORTS GROUNDS DESIGN SERVICES 10/25/2017 S & C ENGINEERS, INC. 90,596.26 CONSTRUCTION ADMIN-DOUGHERTY RD IMPROVEMENTS 10/25/2017 SAN FRANCISCO ELEVATOR SVC INC 315.00 ELEVATOR SERVICE OCT 2017 4.3.a Packet Pg. 36 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Print Date: 11/01/2017 City of Dublin Page 11 of 11 Payment Issuance Report Payments Dated 10/1/2017 through 10/31/2017 Date Issued Payee Amount Description 315.00 ELEVATOR SERVICE SEPT 2017 Check Total: 630.00 10/25/2017 SAN RAMON VALLEY OFFICIALS AS 988.00 ADULT SOFTBALL OFFICIATING SERVICES SEP 2017 10/25/2017 SELECT IMAGING 78.88 POSTERS FOR CORP YARD 10/25/2017 SHIR MARTIAL ARTS, LLC 277.20 REC CLASS INSTRUCTOR 10/25/2017 SKYHAWKS EAST BAY 1,785.00 REC CLASS INSTRUCTOR 10/25/2017 TRB AND ASSOCIATES, INC. 4,020.00 INSPECTION & PLAN CHECK SERVICES SEP 2017 10/25/2017 TREASURER ALAMEDA COUNTY 10,162.33 FUEL - AUG 2017 10/25/2017 TRI-VALLEY JANITORIAL INC. 150.88 EXTRA JANITORIAL SERVICES-CIVIC CENTER 19,489.00 JANITORIAL SERVICES-OCT 2017 1,499.89 JANITORIAL SERVICES-SHANNON CENTER 661.80 JANITORIAL SUPPLIES-CIVIC CENTER 153.75 JANITORIAL SUPPLIES-CORP YARD 275.71 JANITORIAL SUPPLIES-HERITAGE PARK 209.32 JANITORIAL SUPPLIES-LIBRARY LOBBY 123.53 JANITORIAL SUPPLIES-LIBRARY MAIN 506.29 JANITORIAL SUPPLIES-SENIOR CENTER 582.18 JANITORIAL SUPPLIES-SHANNON CENTER Check Total: 23,652.35 10/25/2017 UNIVAR USA INC 1,824.39 POOL CHEMICALS 10/25/2017 VALLEY WINDOW CLEANING INC 4,630.00 WINDOW CLEANING SERVICES-CIVIC CENTER 3,950.00 WINDOW CLEANING SERVICES-THE WAVE Check Total: 8,580.00 10/25/2017 VANGUARD CONSTRUCTION, FBD 91,063.20 SIDEWALK REPAIR & CURB RAMP INSTALLATION 10/25/2017 VASUDEVAN, PRIYA 588.00 REC CLASS INSTRUCTOR 10/25/2017 VIRGER, CORINU 13.00 REC TICKET REFUND 10/25/2017 WC3-WEST COAST CODE CONSULTANT 12,960.00 INSPECTION & PLAN CHECK SERVICES SEP 2017 10/25/2017 WESTERN PACIFIC SIGNAL LLC 12,110.36 TRAFFIC SIGNAL CABINET & EQUIPMENT 10/25/2017 YOUNG, SHANNAN 17.44 MILEAGE REIMBURSEMENT AUG 2017 37.88 MILEAGE REIMBURSEMENT JUL 2017 Check Total: 55.32 Payments Issued 10/25/2017 Total: 1,783,952.50 10/30/2017 EMPLOYMENT DEVELOPMENT DEPT 903.00 SUI REIMBURSEMENT JUL-SEP 2017 10/30/2017 UNUM LIFE INS CO OF AMERICA 11,442.51 LIFE AND AD&D PREMIUM - NOV 2017 Payments Issued 10/30/2017 Total: 12,345.51 10/31/2017 CALPERS CERBT 334,042.01 RETIREE MEDICAL PAYROLL CHARGES Payments Issued 10/31/2017 Total: 334,042.01 Grand Total for Payments Dated 10/1/2017 through 10/31/2017: 4,139,305.52 Total Number of Payments Issued: 308 4.3.a Packet Pg. 37 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t - O c t o b e r 2 0 1 7 ( P a y m e n t I s s u a n c e R e p o r t f o r O c t o b e r 2 0 1 7 ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with Badawi & Associates to Provide Auditing Services Prepared by: Lisa Hisatomi, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider the approval of a consulting services agreement with Badawi & Associates to provide audit services to the City. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Badawi & Associates to Provide Auditing Services. FINANCIAL IMPACT: The total cost for five years will not exceed $277,975, which includes $20,000 in contingency for potential special audit programs, in addition to the base contract of $257,975. The first year’s contract cost is included in Fiscal Year 2017 -18 Adopted Budget, while future year costs will be included in each respective annual budget. DESCRIPTION: The City's current auditor, Maze & Associates (Maze), has provided audit services to the City of Dublin for the past six years. The City has been well served by Maze's team of professionals, and has produced complete and accurate annual financial reports. However, best practices established for public agency finance recommend that agencies periodically review the provision of these professional services. This allows for a fresh review of City finance operations. Audit Firm Selection Process A Request for Proposal (RFP) for professional auditing services was issued on September 1, 2017. The RFP was published on the City’s website and sent to five audit firms, including Maze. The City received proposals from eight qualified firms which represent a range of firm size and location, proposed cost, and proposed hours for the engagement. The RFP requested a five-year proposal, which includes a three-year agreement with two one-year extensions. 4.4 Packet Pg. 38 Page 2 of 3 The selection process contained three separate elements, comprising: 1) Evaluation of written proposals and firm background; 2) In-person presentation and interview; 3) Reference checks. The evaluation and selection of the audit firm was based on the following criteria: Responsiveness of the proposal in clearly stating and understanding of the work to be performed Technical experience of the firm Qualification of audit team Size and structure of the firm Quality and completeness of the proposal Proposed hours and costs Interview and presentation performance Based on the written proposal review, three firms were invited to participate in an interview/presentation. Each of the selected firm had extensive experience with municipal audits and a strong regional presence. The following are the firms selected for interview: Badawi & Associates Maze & Associates Vavrinek, Trine, Day & Co. Based on the complete evaluation process including reference checking, Staff is recommending the selction of Badawi & Associates, located in Oakland. In Alameda County, Badawi & Associates currently provide audit services to Albany, Berkeley, Newark, and Union City. Services And Costs As part of the audit engagement, the following scope of services will be provided by Badawi & Associates on an annual basis: 1. Comprehensive Annual Financial Report (CAFR) 2. Single Audit Report (In the event that the City has expenditures from Federal resources that exceed $750,000) 3. Special Purpose Audits (Required by Alameda County Transportation Commission) 4. Appropriation (GANN) Limit Report 5. State Controller’s Cities Financial Transactions Report 6. State Controller’s Annual Street Report 7. Other Auditor Reports (“Management Letter” that includes recommendations for improvements in internal control and accounting procedures) Badawi & Associates has presented a total Not-To-Exceed cost proposal which begins at $49,490 in the first year and would reach $52,505 in the fifth year. The following table displays the components of the fees proposed. In the case of Single Audit, if the City did not meet the expenditure threshold requirement, the cost would not be incurred. All other work is expected to occur on an annual basis. 4.4 Packet Pg. 39 Page 3 of 3 Base Service FY2018 FY2019 FY2020 FY2021 FY2022 City Audit and Related Reports $31,130 $32,060 $33,035 $33,035 $33,035 Single Audit and Related Reports $3,000 $3,090 $3,180 $3,180 $3,180 Special Purposes Audit and Related Reports $9,780 $10,070 $10,370 $10,370 $$10,370 GANN Limit Audit Report $610 $630 $650 $650 $650 State Controller City Financial Transactions Report $3,660 $3,770 $3,880 $3,880 $3,880 State Controller Street Report $1,310 $1,350 $1,390 $1,390 $1,390 Total for Fiscal Year (not-to- exceed) $49,490 $50,970 $52,505 $52,505 $52,505 The total cost for base audit services over the five-year period is $257,975. Staff recommends to include $20,000 in the total contract amount to account for any as- needed audit services within the time frame. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Consulting Services Agreement with Badawi & Associates to Provide Auditing Services 2. Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Badawi & Associates 4.4 Packet Pg. 40 ATTACHMENT 1 RESOLUTION NO. XXX- 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING A CONSULTING SERVICES AGREEMENT WITH BADAWI & ASSOCIATES TO PROVIDE AUDITING SERVICES WHEREAS, the City desires to annually have an independent audit of its financial reports; and WHEREAS, the best practices in municipal finance recommend that periodically agencies should evaluate options available for the provision of audit services; and WHEREAS, the City issued a Request for Proposals and received eight responses; and WHEREAS, City Staff evaluated the responses and determined that the proposed scope of services and approach to the provision of audit services and preparation of financial reports presented by Badawi & Associates most closely related to the City’s needs; and WHEREAS, Badawi & Associates has extensive experience providing audit services to cities and other public agencies; and WHEREAS, Badawi & Associates provided a not-to-exceed fee proposal to complete City audits and specified financial reporting for a five-year period: a three-year agreement with two one- year extensions; and WHEREAS, City Staff recommends an additional $20,000 in contingency for additional audit programs not listed in the scope of services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the agreement with Badawi & Associates and up to two one-year extensions to this agreement (attached hereto as Exhibit A), in a contract amount not to exceed $277,975 for a five-year period, which will be paid as annual increments described in Exhibit A. PASSED, APPROVED AND ADOPTED this 21st day of November, 2017. AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.4.a Packet Pg. 41 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h B a d a w i & A s s o c i a t e s t o P r o v i d e A u d i t i n g S e r v i c e s ( A u d i t S e r v i c e CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BADAWI & ASSOCIATES This Agreement is made and entered into between the City of Dublin ("City") and Badawi & Associates (“Consultant”) as of November 21, 2017 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end after the completion of the Fiscal Year 2019-20 audit, with the option to renew as set forth in section 8.2 below Consultant shall complete the work described in Exhibit A prior to January 1 following the close of the prior fiscal year, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. Notwithstanding the foregoing, an additional $20,000 in contingency is available for additional audit programs not listed in Exhibit B, but only with the City Manager’s prior approval. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall 4.4.b Packet Pg. 42 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; The Consultant’s signature. 2.2 Reserved. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Reserved. 2.5 Reserved. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 4.4.b Packet Pg. 43 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if 4.4.b Packet Pg. 44 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. 4.4.b Packet Pg. 45 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and 4.4.b Packet Pg. 46 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision 4.4.b Packet Pg. 47 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 4.4.b Packet Pg. 48 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 4.4.b Packet Pg. 49 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. Notwithstanding the foregoing, the City Manager is authorized to approve up to two (2) one-year extensions to this agreement. Any such extension shall not change the remaining terms and conditions, including compensation as set forth in Exhibit B. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized 4.4.b Packet Pg. 50 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. The City agrees and acknowledges that in accordance with Professional Standards of the American Institution of CPA’s (AICPA), audit documentation is the property of the auditor, who may make available to the City at the auditor’s discretion, copies of the audit documentation. Notwithstanding the foregoing, all other reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 4.4.b Packet Pg. 51 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. 4.4.b Packet Pg. 52 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Badawi & Associates Attn: Ahmed Badawi 180 Grand Avenue, Suite 1500 Oakland, CA 94612 Any written notice to City shall be sent to: The City of Dublin Attn: Colleen Tribby 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.4.b Packet Pg. 53 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 21st day of November, 2017. CITY OF DUBLIN CONSULTANT _________________________________ ______________________________ Christopher L. Foss, City Manager Ahmed M. Badawi, Partner Attest: ____________________________ Caroline Soto, City Clerk Approved as to Form: ____________________________ John Bakker, City Attorney 4.4.b Packet Pg. 54 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t EXHIBIT A SCOPE OF SERVICES As presented in the response to the Request For Proposal submitted by Badawi & Associates dated September 27, 2017, Badawi & Associates shall provide annually the following services at the fixed not-to- exceed price shown in Exhibit B. 1. Comprehensive Annual Financial Report (CAFR) As part of the base scope of work, the auditor will required to prepare the general purpose financial statements and combining statements for the City’s Comprehensive Annual Financial Report (CAFR). The auditor will express an opinion on the basic financial statements in accordance with established accounting standards. 2. Single Audit Report In the event that the City has expenditures from Federal sources that exceed $750,000, a Single Audit shall be performed in accordance with the provisions of the Single Audit Act issued by the Federal government. 3. Special Purpose Audits Preparation of financial and compliance audits required by Alameda County Transportation Commission, such as Measure B/BB (transportation sales tax), Measure F (vehicle registration fee), and Transportation Development Act programs. 4. Appropriation (GANN) Limit Report Annually the City must obtain a report prepared by Consultant based on agreed upon auditing procedures related to the City’s GANN Limit in compliance with Proposition 111, Article XIII B – review of Appropriation Limit Calculation. 5. State Controller’s Reports Consultant will prepare and submit to the State Controller the “Annual Report of City Financial Transactions” and the “Annual Streets and Highways Report”. 6. Other Auditor Reports Consultant will issue as deemed appropriate a separate “Management Letter” that includes recommendations for improvements in internal control, accounting procedures, and other significant observations that are considered to be non-reportable conditions. The full response made by Consultant to the Request for Proposal shall be incorporated by reference in fully describing the work schedule and performance of tasks by the Consultant (Exhibit C). 4.4.b Packet Pg. 55 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t The scope of services is for auditing and financial report preparation over a five year period. The term of the agreement is for three years with the option of two one-year extensions. 4.4.b Packet Pg. 56 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t EXHIBIT B COMPENSATION SCHEDULE The following is the not-to-exceed compensation by scheduled tasks to be performed annually as described in the Scope of Services. Annual Cost by Task Tasks FY2018 FY2019 FY2020 FY2021 FY2022 City Audit and related reports (CAFR) 31,130 32,060 33,035 33,035 33,035 Single Audit (if required) 3,000 3,090 3,180 3,180 3,180 Special Purposes Audit Related Reports (Measure B, Measure BB, VRF, and TDA) 9,780 10,070 10,370 10,370 10,370 GANN Limit 610 630 650 650 650 State Controller’s Report 3,660 3,770 3,880 3,880 3,880 State Controller’s Street Report 1,310 1,350 1,390 1,390 1,390 Total for Fiscal Year (not to exceed)* $49,490 $50,970 $52,505 $52,505 $52,505 * Pricing include printing and binding all City reports and providing PDF files for web posting Hourly Rates The following rates are applicable should the City require additional services that are agreed to in writing prior to being performed and are beyond the fixed price Scope of Services above. Position Hourly Rate Partner $200 EQR 200 Manager 150 Senior 125 Staff 100 IT 150 Admin. 75 4.4.b Packet Pg. 57 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t EXHIBIT C BADAWI & ASSOCIATES’ TECHNICAL PROPOSAL FOR PROFESSIONAL AUDITING SERVICES FOR THE CITY OF DUBLIN 2885017.1 4.4.b Packet Pg. 58 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin TECHNICAL PROPOSAL For Professional Auditing Services for the City of Dublin For the fiscal years ending June 30, 2018 to 2020, with the option of two one-year extensions September 29, 2017 Contact Person: Ahmed Badawi, CPA Badawi & Associates Certified Public Accountants 180 Grand Avenue, Suite 1500 Oakland, CA 94612 Phone: (510) 768-8244 Fax: (510) 768-8249 E-mail: abadawi@b-acpa.com 4.4.b Packet Pg. 59 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t Page Letter of Transmittal 1 Independence 3 Firm Qualifications and Experience - Insurance - License to Practice in California 3 3 3 - Firm Qualifications 3 - Technical Approach 4 - Firm Experience 5 - Additional Activities 5 - Quality Control Review - GASB 68 Assistance - Free Services - Federal or State Desk Review - Disciplinary Action - Lost Clients and Pending Legislation 6 6 6 8 8 8 Partner, Supervisory and Staff Qualifications and Experience 9 Similar Engagements with other Government Entities Understanding of Services to be Provided Specific Audit Approach 15 19 - Objectives for Our Services 20 - Audit Approach - Technical Approach - Audit Schedule 20 21 24 Discussion of Relevant Accounting Issues 27 Conclusion 28 Appendix A – References 29 City of Dublin Table of Contents 4.4.b Packet Pg. 60 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t Address: 180 Grand Avenue, Suite 1500 Oakland, CA 94612 • Phone: 510.768.8251 • Fax: 510.768.8249 September 29, 2017 Ms. Yuliana Tjeng Senior Accountant City of Dublin 100 Civic Plaza Dublin, CA 94568 Dear Ms. Tjeng, Badawi & Associates (B&A), Certified Public Accountants (the “Firm”) is pleased to have the opportunity to respond to your request for a proposal to provide external audit services and to submit its qualifications to perform an independent audit of the financial statements of the City of Dublin (the “City”) for the fiscal years ending June 30, 2018 to 2020 with the option of extending the contract for two one-year extensions. The objective of our audits is to issue opinions regarding the fairness of presentation of the financial position of the City in accordance with generally accepted accounting principles. These audits are to be performed in accordance with generally accepted auditing standards, the standards set forth for financial audits in the General Accounting Office’s (GAO) Government Auditing Standards, the provisions of the federal Single Audit Act of 1984, as amended in 1996), and the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations, Uniform Administrative Requirements, as well as any other applicable federal, state, local or programmatic audit requirements. We will also perform the following as part of our engagement: • Single Audit, if applicable • Gann Limit • Alameda County Transportation Authority – Measure B/BB/F Report • TDA Report • State Controller’s Report – City of Dublin • State Controller’s Report – Annual Street Report We will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information. In addition, we will prepare the management letter containing comments and recommendations regarding our review and evaluation of the systems of internal control and accounting procedures. This proposal will highlight the background of the partners and staff assigned to the engagement, summarize our experience in the governmental area, and describe our approach to auditing the City. This proposal demonstrates our ability to render the quality examination and to perform the necessary accounting and auditing services requested by the City on a timely basis. As a partner of the Firm, I will be the primary contact for negotiation of the contract. Additionally, I have been authorized to legally bind the Firm. You may contact me at the following address and phone number: Mr. Ahmed Badawi, CPA Badawi & Associates Certified Public Accountants 180 Grand Ave. Suite 1500 Oakland, CA 94612 Telephone: (510)768-8244 E-mail: abadawi@b-acpa.com 4.4.b Packet Pg. 61 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t 2 Ms. Yuliana Tjeng Senior Accountant City of Dublin Page 2 We are committed to performing the required work, completing the audit, and issuing the necessary auditors’ reports. We believe we are the best qualified to perform the audit because our audit staff includes individuals well versed in municipal auditing and reporting requirements. We have performed auditing and consulting engagements for numerous cities throughout California. We will be responsive to the needs of the City, we understand the City’s operational environment, and pledge to you our complete commitment to providing a quality product that meets the City’s requirements. The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s office operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies and disruptions are kept to a minimum. In addition, we perform almost half of the audit tasks during the interim phase to minimize any unforeseen delays during the year-end phase and to ensure a smooth and timely audit process. The Firm maintains liability insurance coverage for professional liability, Workers’ Compensation, Comprehensive General Liability and Auto as part of our comprehensive insurance policy. The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement. This proposal is a firm and irrevocable offer for 180 days. We are confident that you will find our organization offers the required expertise, technical knowledge, and business understanding to perform an audit of the City. Our past experience provides us with a thorough understanding of the needs and requirements of the City, as well as the technical knowledge to perform such services in accordance with the accounting and auditing guidelines as published by the various authoritative entities. We welcome your inquiries and look forward to further discussions with you. Sincerely, Ahmed Badawi Partner Badawi & Associates Certified Public Accountants 4.4.b Packet Pg. 62 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 3 Independence The Firm is independent of the City of Dublin as defined by the GAO’s Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and the AICPA and California State Society of Certified Public Accountants as promulgated in various auditing and professional standards. Insurance The Firm maintains professional liability insurance and other coverage as part of our comprehensive insurance policy. Upon selection as City’s independent auditor, the Firm and our insurance provider will provide a certificate of insurance to City which shows the minimum requirements identified by City have been met. License to Practice in California The Firm and all key professional staff assigned to City’s audit are properly licensed to practice as Certified Public Accountants in the State of California and comply with GAO Government Auditing Standards. The Firm is registered with the California State Board of Accountancy. Its State number is COR6823. The Firm has met all required State and local laws, rules, and regulations. Firm Qualifications Badawi & Associates was founded by Mr. Ahmed Badawi. Mr. Badawi has over 20 years of experience working with state and local government with a special focus on cities. Prior to founding B&A, Mr. Badawi was a partner with several local and national firms, where he headed their government practice in Northern California. Mr. Badawi founded Badawi & Associates to serve the fast-paced needs of California's local governments. The goal is to build a proactive, client-focused culture from the ground up and to eliminate the entrenched bureaucratic culture and intrinsic limitations of the big audit firms. Located in Oakland, CA, the Firm serves a variety of cities throughout California as well as conducting financial related services for numerous special districts and authorities. Names and phone numbers of several of our current and past clients and other references are provided for your inquiries. We encourage you to contact these individuals to obtain information on the quality of the audit and the ability of the audit staff. Our Oakland office will be the Engagement Office assigned to the City. In addition to specific city financial statements, the Firm members have also audited numerous redevelopment agencies, public financing authorities, hospitals, housing authorities, transportation authorities, special districts, water districts, OCJP grants, self-insurance pools, joint power authorities and has also performed numerous compliance audits in accordance with the Single Audit Act, childcare regulations, TOT regulations, AQMD regulations, franchise requirements, RDA compliance, and other special projects. Additionally, the Firm has significant experience in bond offerings, post closure landfill costs, and recent changes to redevelopment agency reporting requirements. Firm Qualifications and Experience Independence 4.4.b Packet Pg. 63 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 4 The Engagement Partner assigned to the City, Mr. Ahmed Badawi. Mr. Badawi has over 20 years of government audit experience. He is a member of various governmental committees, has actively participated in the development of accounting and audit guidelines for the governmental sector, and is an instructor for the California Society of Municipal Finance Officers. The professional staffs assigned to the Engagement are qualified and experienced. Each individual of the Engagement Team has several years of experience and has conducted or participated in numerous municipal audits of various sizes. Their understanding of governmental operations and the various authoritative guidelines will provide the where-with-all to perform the audit in an efficient and effective manner with minimal disruption to the City’s finance department. Technical Approach The approach to the audit has been designed to meet the audit requirements of the various authorities with the least disruption to the City’s operations. The foundation of the audit approach is based on communication coupled with a strong knowledge of City operations and detailed planning at the initial stages of the audit. Open communication lines with all parties of the Engagement Team and City Management and staff throughout the engagement eliminate “surprises”. Initial planning and proper assignment of duties to experienced personnel provide for an effective and efficient audit process. Consequently, inefficiencies, disruptions, and lack of understanding are kept to a minimum. The audit approach will consist of four phases: Initial Planning Meeting: The Engagement Partner and Manager will meet with City Management to discuss the audit approach, identify specific needs of City Management, and familiarize themselves with City policies and practices. Interim: The Engagement Team members including the Engagement Team Partner will perform the internal control reviews, test transactions, evaluate compliance with Single Audit Act requirements, identify potential audit issues that need to be addressed, perform limited confirmation procedures, and develop a clear understanding between the Engagement Team and City Management of the year end audit responsibilities and assignments. In addition, we strive to complete many of the year-end audit tasks during the interim phase to ensure a smoother audit process. We will work with the City on providing a list of those tasks that we will target to complete during interim and work with the City on how to complete them to minimize the amount of effort and time needed at year-end which in turn will assist the City in meeting its goal of issuing the CAFR. Year end: The Engagement Team members including the Engagement Team Partner will conduct validation procedures on general ledger account balances, complete confirmation procedures, perform analytical procedures on revenue and expenditures, perform search for unrecorded liabilities, complete compliance work on Federal Assistance, and wrap up audit field work. Reporting: Auditor’s reports for all City reporting entities and compliance requirements will be finalized along with Single Audit Reports and Management Letter comments. The Partner and Manager will be available to make presentations to the City Council and/or designated bodies. 4.4.b Packet Pg. 64 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 5 Firm Experience The Firm is located in Oakland, and provides a full range of accounting services to governmental agencies throughout California, including audit, tax and accounting. The Firm’s professional staff members provide the financial background and specific experience to meet the City’s operational needs. Additionally, this situation provides the City with an auditing firm that has depth in capabilities to address any financial issue the City may need assistance with, and the quality audit approach that you expect. Our Oakland office will be the Engagement Office assigned to the City. Firm policy requires that the Engagement Partner, during the first year of the engagement, be actively involved in the daily fieldwork. This means to the City that Mr. Badawi will actually be on- site during the audit coordinating the audit process, supervising the audit staff, gaining a hands-on understanding of City processes, and benefiting the City with his broad municipal experience. We have found that this effort benefits the City and the Firm through developing a thorough knowledge of the City’s practices and issues and establishing a close working relationship with the City’s Management. Additionally, continuity of audit personnel is assured because of the hands on involvement of the Partner. We are committed to providing appropriate and related experience, personal involvement, and a broad business perspective to produce a quality end product within the time frames required. The Firm provides financial and compliance auditing services to governmental agencies throughout California. We are a governmental agency auditing firm and our professional staff members have been performing these services for many years. As a result, we have performed financial and compliance audits on most, if not all, types of governmental agencies and operations including: • Cities • Redevelopment Agencies • Financing Authorities • Housing Authorities • Special Districts • Water Districts • Waste Management Authorities and Operations • Pension Plans • Child Care Operations • Joint Power Authorities • Investment Activities • Landfills • Enterprise Funds • Airports • Transportation Operations • Federal and State Grants Additional Activities We offer a full range of accounting and finance services to the governmental sector. These services include: • Financial audits • Compliance audits • Tax advice • Development of financial and accounting policies and procedures • Investment review and compliance evaluation • Operational reviews • Technical guidance on existing and upcoming accounting issues • Training seminars • Pension/profit-sharing plans • Performance audits • Business consulting Consequently, Firm personnel are well qualified to perform the services expected by the City. 4.4.b Packet Pg. 65 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 6 Client Training Seminar The Firm hosts an annual update on recent technical accounting and finance issues affecting the governmental area. This all day session reviews new and anticipated pronouncements from GASB, discusses future issues under consideration by GASB, reviews accounting treatment of various transactions where issues may arise, and provides a general overview of state and federal compliance issues. All of our clients are invited to attend, free of charge. The one day session qualifies for CPE under the rules of the State Board of Accountancy and is held in locations throughout the Bay Area. CSMFO Training The Firm provides a one-day training session entitled “Introduction to Governmental Accounting” to members of CSMFO. Firm personnel developed the class materials and teach the sessions. Approximately 10 sessions are held annually at various locations throughout the State. The Firm provides these sessions for only the cost of materials to CSMFO in keeping with its philosophy to support the industry in which it serves. GASB 68 Firm Developed Tools and Assistance The Firm has developed tools to assist our clients with GASB 68 implementation or preparation of journal entries for the CalPERS’ Cost Sharing Plans for which individualized actuarial valuations are no longer prepared. In addition to providing our clients with these tools and instructions on how to use them, we are available to answer any questions on how to prepare and complete the GASB 68 journal entries. Quality Control Review According to Government Auditing Standards, firms who perform audits under the Yellow Book are required to have a peer review once every three years. We received a report with a rating of pass with no deficiencies which is attached for your review. 4.4.b Packet Pg. 66 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 7 4.4.b Packet Pg. 67 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 8 B&A have policies and procedures to ensure it hires only qualified people, that it properly supervises them and provides professional training, that it advances them to responsibilities they are capable of handling, and that it provides them with necessary technical resources. All members of B&A are very familiar with the stringent quality control standards established by the AICPA. The Firm is a member of the AICPA Government Audit Quality Center. The Firm is a member of the AICPA Private Companies Practice Section. Federal or State Desk Reviews The Firm has had no negative federal or state reviews in the past three (3) years. Disciplinary Action There has not been any state or federal disciplinary actions taken or pending against the Firm nor any findings to report. Lost Clients and Pending Litigations: The Firm has not experienced termination of any contracts before completion, and has not experienced any lawsuits or legal actions that have been resolved or are currently pending in the prior five years. 4.4.b Packet Pg. 68 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 9 The Engagement Team will normally consist of seven individuals who provide a broad business perspective and significant experience in governmental auditing. This team will provide access to a wide range of technical capabilities which will provide the City with not only the technical support necessary to perform the audit, but also the broad business background to interpret findings and observations to offer effective solutions to issues, and the personal involvement of the Engagement and Compliance Partners of the Firm. The Engagement Team will be led by Ahmed Badawi, CPA. Mr. Badawi’s background includes over twenty years of municipal auditing experience with a special focus on cities. He is the instructor of the CSMFO “Introduction to Governmental Accounting” training classes. Mr. Badawi is a member of the Government Accounting and Auditing Committee, of the California Society of Certified Public Accountants. He has participated in the audits of numerous city, county and special district governments, as well as non-profit entities. His diversified background offers the technical qualities required of the governmental and non-profit areas and the necessary wherewithal to properly evaluate the entire accounting process, develop opportunities to improve the accounting process, and to offer practical business recommendations. The second member of the Engagement Team is Mitesh Desai, CPA. Mr. Desai’s background includes ten years of experience in municipal auditing with a special focus on cities. Mr. Desai has participated in the audits of numerous governmental agencies, assisted in their efforts to publish their CAFRs in compliance with GASB 34, and a volunteer member of the GFOA Special Review Committee. Mr. Desai has also achieved the Advanced Single Audit Certificate offered by the AICPA. He will serve as the Audit Manager. Engagement Partner Ahmed Badawi CPA Audit Senior Professional Audit Staff Audit Manager Mitesh Desai CPA IT Specialists Robert Wucher Engagement Quality Reviewer Professional Audit Staff Partner, Supervisory, and Staff Qualifications and Experiences 4.4.b Packet Pg. 69 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 10 The third member of the Engagement Team is Robert Wucher. Mr. Wucher has 30 years of experience in the field of Information Technology (IT) at the senior and executive management level. He has worked extensively with government agencies, private organizations and public companies. Industry experience includes the public sector, banking, manufacturing, Internet, health care and not-for-profit organizations. Each member of the Engagement Team participates in continuing education programs offered by the AICPA and California State Society of Certified Public Accountants, and each has met the continuing education requirements for municipalities. In addition, the firm offers at least 60 hours of in-house CPE annually focused mainly on municipal audits. Professional Development: The Firm maintains a comprehensive training program targeted at appropriate professional staff levels. It utilizes in-house developed educational programs, AICPA and California CPA Foundation educational programs, and on-the-job training. The Firm’s annual training schedule which officially begins in April for all professional staff and administrative staff includes comprehensive in-house training sessions on such topics as: • Review of principles of accounting and financial reporting for state and local governments. • Review of governmental fund types and account groups. • Review of newly issued generally accepted auditing standards and GAO auditing standards. • Review of Internal Control evaluation approaches including COSO principles. • Updates on recent governmental accounting and reporting guidelines. • Review of Single Audit requirements and approaches. • Review of financial audit approaches. • Overview of audit and internal control work paper techniques. • Review of GASB reporting requirements. • Review of current issues facing the governmental community. During the year, professional staff members are sent to various educational sessions sponsored by the AICPA and California State Society of CPAs, as considered appropriate for the level and need of the individual. These classes include, among others: • Governmental Financial Reporting Standards and Practices. • Yellow Book: Government Auditing Standards. • Financial Accounting Standards: Comprehensive Review. • Single Audit. • Governmental Auditing & Accounting Update. • Governmental Accounting Principles. • Comprehensive Review of Generally Accepted Auditing Standards The result of the Firm’s training program is the production of a highly educated and competent municipal audit group capable of performing an efficient and effective audit for the City. The Team members will continue their professional development efforts. 4.4.b Packet Pg. 70 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 11 Staff Retention and Continuity: The Firm's policy on providing service to our clients includes a commitment to maintaining continuity of audit personnel. We cannot guarantee that our staff will remain with the Firm. However, to encourage our staff to remain with us, we pay competitive wage rates; offer promotional opportunities; provide state-of-the-art equipment and excellent working conditions; and offer various benefits, such as retirement plans, medical plans, profit sharing programs, educational benefits, and other such benefits. Additionally, we will guarantee that any staff member assigned to this engagement will return to the City in subsequent years if he or she is still with the Firm. We can also guarantee that the partner will be involved in future years. Continuity of audit staff is of prime concern to us and because of the hands-on involvement of the partner; we can assure you that future years’ audits will be conducted in an efficient and effective manner with qualified and experienced professionals. The Firm is an Equal Opportunity employer and complies with all Federal and State hiring requirements. The Firm also supports Affirmative Action philosophies and works hard to provide disadvantaged groups with opportunities for self enhancement. Resumes of each member of the Engagement Team follow. 4.4.b Packet Pg. 71 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 12 Resumes of Engagement Team Ahmed Badawi, Certified Public Accountant – Engagement Partner Length of Career • Twenty years’ experience in municipal auditing and accounting with a special focus on cities. • Certified Public Accountant for the State of California. Professional Experience • Partial listing of clients served: Financial Single RDA PFAEnterprise AuditAuditAuditAuditFund Other Cities: Antioch X X X X X Albany X X X X Berkeley X X X X X Burlingame X X X Dublin X X X Fremont X X X X Pleasanton X X X X Redwood City X X X X X Richmond X X X X X X San Bruno X X X X X San Leandro X X X X San Mateo X X X X X Turlock X X X X X X Union City X X X X X Walnut Creek X X X X X Counties: Santa Cruz County X X X X X X Contra Costa County X X X X X X County of Lassen X X X X Special Districts and Other: Port of Redwood City X X X Marin Municipal Water District X X Coastside Fire Protection District X X Alameda County Water District X X X Cosumnes Community Services District X X East Bay Regional Park District X X X Metropolitan Transportation Commission X South Bayside System Authority X X Stanislaus County Childcare X X West County Wastewater District X X Health Care: Alameda County Medical Center X X X Family HealthCare Network X X Services Provided • Has performed numerous financial audits, Single Audits, Transportation Development Act audits, housing audits, electrical utility audits, RDA audits, PFA audits, and Trust Fund audits, and has prepared numerous CAFRs. Education • BS Degree in Accounting from the University of Alexandria, Egypt. Professional Activities • Instructor, CSMFO’s “Introduction to Governmental Accounting” training class. • Member, CALCPA Government Accounting and Auditing Committee • Member, American Institute of Certified Public Accountants. • Member, California Society of Certified Public Accountants. • Member, Government Finance Officers Association. • Member, California Society of Municipal Finance Officers. • Chair, Audit Committee, San Francisco SPCA, a CA nonprofit organization Continuing Education Has met the current CPE educational requirements to perform audits on governmental agencies 4.4.b Packet Pg. 72 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 13 Mitesh Desai, Certified Public Accountant – Professional Audit Manager Length of Career • Ten years’ experience in municipal auditing with a special focus on cities. • Certified Public Accountant for the State of California. Professional Experience • Has participated in several financial audits, Single Audits, RDA audits, PFA audits, Transportation Development Act audits, and housing audits Financial Single RDA PFA Enterprise AuditAuditAuditAuditFund Other Cities: Antioch X X X Albany X Barstow X X X X Berkeley X X X X X Buena Park X X X X Foster City X X X X X Fremont X X X X X East Palo Alto X X X X Lemon Grove X X Newark X X X X Menlo Park X X X Oakdale X X X X Pittsburg X X X X X Placerville,X X X X Redwood City X X X X Rio Vista X X X X San Mateo X X X X X Susanville X Turlock X X X Union City X X X Vacaville X X X X X Yountville X X X Counties: Contra Costa X X X X X X Glenn X Santa Cruz X X X X X X Other: Alameda County Water District X X Alameda County Medical Center X X X Castro Valley Sanitary District X Cosumnes Community Services District X Golden Valley Health Centers X X Marin Municipal Water District X West County Wastewater District X X Contra Costa Child Development Programs X X Stanislaus County Childcare X X Services Provided Education • BS Degree in Business Economics with an emphasis in Accounting from University of California, Santa Barbara Professional Activities * Member, American Institute of Certified Public Accountants. * Member, California Society of Certified Public Accountants. * Volunteer Member, GFOA Special Review Committee Continuing Education • Various municipal accounting courses offered by the California Society of CPAs and local universities including: - Governmental Financial Reporting Standards and Practices - Yellow Book: Government Auditing Standards - Municipal Accounting - Single Audit • Has met the current CPE educational requirements to perform audits on governmental agencies. 4.4.b Packet Pg. 73 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 14 Robert Wucher – Information Technology Specialist Length of Career • Thirty years’ experience in information technology (IT) • Worked extensively with government agencies, private organizations and public companies • Industry experience includes public sector, banking, manufacturing, internet, healthcare, and not-for profit organizations Areas of Expertise • Systems Auditing and Controls Review (SEC AU-314, SAS-109, SAS-94) • Sarbanes-Oxley, Section 404 IT Compliance Consulting and Auditing • Journal Entry Analysis in Support of SAS-99 using IDEA by Caseware • SSAE-16 (SOC 1, 2 & 3), Type I & II Reporting (Formerly SAS-70) • ERP/MRP System Reviews and Workflow Analysis • Software as a Service (SaaS) Cloud Computing Technologies • International and Multinational Company IT Audit Expertise • Forensic Data Analysis and Litigation Support in Support of Fraud Auditing • Systems Selection and Request-for-Proposal (RFP) Development • Systems Programming and Data Conversion • Systems Failure Analysis and Quality Improvement • E-Commerce and EDI Systems • Information Technology Strategic Planning • System Process/Procedures Development and Implementation • Disaster Recovery and Business Continuity Planning Publications • Author, The Top Five Tips Every Technology Executive Needs to Know About Sarbanes-Oxley, Published 2007, Aspatore Books • Author, Winning Legal Strategies for Technology & E-Business, An Overview of IT Controls Under Sarbanes-Oxley Published 2005, Aspatore Books Presentations • IT Security Trends • Data Privacy and Cloud Computing • IT Trends and Red Flag Rule • IT Controls for NFP Organizations Education • B.S. degree in Business Administration, Finance, Old Dominion University, Norfolk, VA. Professional and Civic Associations • Member, Information Systems Audit and Control Association (IASCA) • MAS-90 Accounting Application Suite Qualified Installer, SAGE Systems • Former Board Member, Pets are Wonderful Support (PAWS), San Francisco, CA 4.4.b Packet Pg. 74 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 15 The table on the following page is a partial listing of our clients similar to the City, and illustrates the many different types of components involved in each audit engagement that present very difficult and complex auditing and accounting challenges. * Indicates cities with population over 50,000 ** Indicates cities with governmental revenues over 100 million and population over 50,000 Similar Engagements with Other Governmental Entities 4.4.b Packet Pg. 75 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 16 City Client Since Hours Engagement Partner Principal Contact CAFR GFOA Award RDA/ Successor Agency Single Audit TDA Child Care Audit Housing Authority Enterprise Funds **Berkeley20081800 Ahmed Badawi Mr. Henry Oyekanmi Finance Director (510)981-7300 hoyekanmi@ci.berkeley.ca.us YesYes XXX X **Redwood City 2006600 Ahmed Badawi Mr. Derek Rampone Financial Services Manager (650)780-7071 drampone@redwoodcity.org YesYes XXX X **San Mateo 2004500 Ahmed Badawi Mr. Drew Corbett Finance Director (650)522-7104 dcorbett@cityofsanmateo.org YesYes XXX X **Vacaville 2008600 Ahmed Badawi Mrs. Davina Hatfield Accounting Manager (707)449-5104 dhatfield@cityofvacaville.com YesYes XXX XX *Union City 2006600 Ahmed Badawi Ms. Gayle Okada Supervising Accountant (510)675-5352 gayleo@unioncity.org YesYes XXX X *Antioch2005470 Ahmed Badawi Ms. Dawn Merchant Finance Director (925)779-6135 Dmerchant@ci.antioch.ca.us YesYes XXX X Menlo Park 2014514 Ahmed Badawi Mr. Rosendo Rodriguez Finance Director (650)330-6640 RRodriguez@menlopark.org YesYes XXXX X Newark2009550 Ahmed Badawi Ms. Susie Woodstock Director of Administrative Services (510)578-4804 susie.woodstock@newark.org YesYes XXX Albany2008380 Ahmed Badawi Mr. David Glasser Finance & Administrative Service Director (510)528-5730 YesYes X X X Rio Vista 2009480 Ahmed Badawi Ms. Mary Lee Sharer Finance Manager (707)374-6451 Ext. 1118 mlsharer@ci.rio-vista.ca.us NoN/A XXX X Barstow2012550 Ahmed Badawi Ms. Cindy Prothro Finance Director (760)255-5115 cprothro@barstowca.org YesYes XX X Buena Park 2013500 Ahmed Badawi Mr. Sung Hyun Finance Director (714)562-3717 shuyn@buenapark.com YesYes XX X Susanville 2013450 Ahmed Badawi Mr. Jared Hancock City Administrator (530)252-5100 jhancock@cityofsusanville.org Yes CSMFO X East Palo Alto 2014450 Ahmed Badawi Ms. Brenda Olwin Finance Director (650)853-3122 bolwin@cityofepa.org YesYes XX X Millbrae 2015400 Ahmed Badawi Mr. Kenneth Spray Finance Director (650)259-2433 kspray@ci.millbrae.ca.us Yes N/A X X Calimesa 2013350 Ahmed Badawi Ms. Bonnie Johnson Finance Director (909)795-9801 ext 231 bjohnson@cityofcalimesa.net NoN/A Yountville 2015300 Ahmed Badawi Mrs Maria Ojeda Finance Director (707)944-8851 rarrow@yville.com NoN/A X Lemon Grove 2013350 Ahmed Badawi Mr. Gilbert Rojas Finance Director (619)825-3803 grojas@lemongrove.ca.gov NoN/A X X Crescent City 2014300 Ahmed Badawi Ms. Linda Leaver Finance Director (707)464-7483 x224 lleaver@crescentcity.org NoN/A XX XX 4.4.b Packet Pg. 76 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 17 The table below lists all special district engagements: Special District Client Since Hours Engagement Partner Principal Contact CAFR GFOA Award Single Audit Enterprise Funds Florin Resource Conservation District/ Elk Grove Water District 2015350 Ahmed Badawi Mr. Jim Malberg Finance Manager/Treasurer (916)685-3556 jmalberg@egwd.org YesYes X Marin Municipal Water District 2010350 Ahmed Badawi Mrs. Mikyung Pustelnik Finance Manager (415)945-1410 mpustelnik@marinwater.org YesYes XX Cosumnes Community Services District 2008350 Ahmed Badawi Mr. Jeff Ramos General Manager (916)405-7150 jefframos@yourcsd.com YesYes Monterey Bay Unified Air Pollution Control District 2016200 Ahmed Badawi Ms. Joyce Giuggre Administrative Services Manager (831)-718-8019 jgiuffre@mbard.org NoN/A Port of Redwood City 2006200 Ahmed Badawi Mr. Rajesh Sewak Manager of Finance & Admin. (650)306-4150 rsewak@redwoodcityport.com NoN/A XX Central County Fire Department 2012150 Ahmed Badawi Ms. Jan Cooke Finance Director (650)375-7408 jcooke@hillsborough.net YesYes Aptos La Selva Fire District 2016120 Ahmed Badawi Ms. Tracy New Director of Business Services 6934 Soquel Drive Aptos, CA 95003 (831)-685-6690 NoN/A 4.4.b Packet Pg. 77 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 18 What Our Clients Say About Us In addition to the references provided in Appendix A, we have also provided contact information for all our clients on the previous page if you would like to speak to any of them about their experience with us. These are some of the things our clients have said about us. Sung Hyun Finance Director City of Buena Park Jim Malberg Finance Manager Florin Resource Conservation District/ Elk Grove Water District “I would recommend Badawi & Associates to anyone seeking professional and knowledgeable audit services” “This was the District’s first year with Badawi & Associates and I found the entire to team to be responsive, thorough, detailed and professional. Not only was this a first year audit, but we also implemented GASB 68 and completed a major restatement of the District’s Capital Assets. With all of those moving pieces, this was by far the smoothest first year audit that I have ever participated in.” 4.4.b Packet Pg. 78 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 19 The City desires an audit of the financial records for the City and an expression of an opinion in accordance with generally accepted accounting principles on the fairness of presentation of financial statements for the fiscal years ending June 30, 2018 to 2020, with the option of extending the contract for each of the two subsequent fiscal years. The Firm will: • Express an opinion on the fair presentation of its basic financial statement which includes but is not limited to the financial statements of governmental activities, the business-type activities, each major fund and all aggregate remaining fund information in conformity with generally accepted accounting principles in the United States of America. • Express an opinion on the fair presentation of its combining and individual non-major and fiduciary fund financial statements and schedules in conformity with generally accepted accounting principles. The Firm will provide an “in-relation-to” report on the supporting schedules contained in the comprehensive annual financial report based on the auditing procedures applied during the audit of the basic financial statements and schedules. • Provide an “in-relation-to” report on the schedule of federal financial assistance based on the auditing procedures applied during the audit of the financial statements. • Perform the audit in accordance with generally accepted auditing standards accepted in the United States of America, applicable to the financial audit contained in the Government Auditing Standards issued by the Comptroller General of the United States and the provisions of the Uniform Guidance, Audits of States, Local Governments and Non-Profit Organizations. • Perform limited procedures on supplementary information required by the Government Accounting Standards Board. • Issue the following reports, following the completion of the audit of the fiscal year’s financial statements: Independent Auditor’s Report on Financial Statements and Schedule of Expenditure of Federal awards Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Management Letter comments on Internal Controls Independent Auditor’s Report on Compliance with Requirements Applicable to Each Major Program and Internal Control over Compliance in Accordance with the Uniform Guidance Schedule of findings and questioned costs Auditor’s Communication with Those Charged with Governance Comprehensive Annual Financial Report following the requirements and guidelines of the GFOA award program Gann Appropriation Limit Calculation Report Alameda County Transportation Authority – Measure B/BB/F Reports Transportation Development Act Audit State Controller’s Report – City of Dublin State Controller’s Report – Annual Street Reports • Provide special assistance to the City as needed. • Retain all working papers and reports at the audit firm’s expense for a minimum of 7 years. In addition, make working papers available to the City and/or any government agency as appropriate. Understanding of Services to be Provided 4.4.b Packet Pg. 79 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 20 Should any conditions be discovered requiring corrective action, the Firm will provide a detailed description of the findings and recommended actions as to their resolution. The Firm will submit a report to the City Council and management detailing auditor’s responsibility under generally accepted auditing standards, significant accounting policies, management judgments and accounting statements, significant audit adjustments, other information in documents containing audited financial statements, disagreements with management, management consultations with other accountants, major issues discussed with management prior to retention, difficulties encountered during the audit, and any significant deficiencies or material weaknesses found during the audit. Non-material instances of noncompliance will be reported in a separate management letter, if appropriate, along with any other observations or recommendations determined to be informative to City management. The Firm will be available to provide advice and counsel regarding significant matters during the year. The Firm’s Partner and Staff welcome the opportunity to make presentations to the City Council and will be ready to respond to questions from the Council and citizens of the City. Objectives of Our Services The basic objective of our audit of the City is to conduct an examination of the financial statements in accordance with generally accepted auditing standards and to express our opinion on the fairness of presentation of such financial statements in conformity with generally accepted accounting principles. Additionally, we believe that another real value of our audit lies in meeting other objectives at no additional cost. The following are other objectives of our services that have important benefits to the City: • To offer substantive observations and recommendations relating to accounting and operating control policies and procedures. • To identify opportunities for operating efficiencies and isolate candidate activities for cost reduction opportunities. • To perform a professional audit in an efficient and effective way to minimize disruption to the office operations. • To offer ongoing advisory services to assist in the running of the operation and implementation of improved operating procedures. The engagement will be conducted within the framework of the Firm's quality control program which includes the use of audit programs, careful planning, use of computerized audit software and internal control evaluation & documentation software, and objective review procedures. On-site staff will use Firm supplied portable computers and printers. Audit Approach The specific audit approach has been designed to efficiently and effectively address the audit requirements of the City, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline. The audit will be conducted in accordance with: 1) Generally accepted auditing standards established by the AICPA. 2) The standards contained in Government Auditing Standards issued by the GAO. 3) Provisions of the Single Audit Act and the Uniform Guidance. 4) Requirements issued by the California State Controller’s office. 5) Other requirements as required. Specific Audit Approach 4.4.b Packet Pg. 80 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 21 We will conduct the necessary audit steps to perform: • Planning of the engagement. • Evaluation of the existing internal control environment to determine degree of risk of material misstatement. • Determination of degree of compliance with laws, regulations, grant provisions, and City approved policies. • Assessment of potential fraudulent issues. • Validation of account balances. • Verification of reasonableness of management estimates. Technical Approach We use an industry specific audit approach tailored to governmental entities. Our governmental audit approach addresses the special risks and circumstances of local governments. As a result, the audit is conducted efficiently and effectively with minimal disruption to your staff. The core of our governmental technical audit approach can be summarized as follows: 1. Planning, Understanding and Communication: Based on our previous audit experience, using the budget, organizational charts, manuals and other financial information systems and our knowledge of how governments work, we will obtain an insight to the specific concerns and sensitivities of the City. Our understanding is updated continuously through our year-round contact and communication efforts. We will agree on common audit objectives and expectations with management before audit work begins and, throughout the audit, will meet regularly with management to discuss audit issues and to gather feedback. 2. In-Depth Review of Systems and Controls: We have developed diagnostic reviews which enable us to evaluate your systems and controls, and to provide management with constructive feedback. Combined with our knowledge of the City and understanding and experience with the City’s accounting software, our control review will form the basis of our audit risk assessment. We will utilize the COSO approach in our evaluation of the City’s internal processes to identify potential control deficiencies. In future years, we will update our understanding through similar procedures. 3. Risk-Based Customized Testing Program: Our audit approach is tailored to governmental applications. We will use audit programs specifically designed to address the operational environment of governmental entities. Our approach will identify potential control risks and the opportunities for risk of material misstatements and fraud. We will evaluate the various risk assessments and identify the potential risks relating to the: • Balance Sheets/ Statement of Net Position • Statement of Revenues and Expenditures / Statement of Activities • Presentation • Disclosure Our audit procedures will then be developed to address these risk areas. 4. Expanded Interim Fieldwork: Timeliness and audit efficiency is enhanced by performing extensive interim work. Partners, managers and senior staff work with City staff to identify and resolve potential audit issues early. Accordingly, the amount of audit work to perform at year end is minimized. Because our audit staff is familiar with the operations before year-end fieldwork begins, disruption of accounting staff is minimized. 4.4.b Packet Pg. 81 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 22 5. Smooth Transition: Our testing program focuses on audit risks identified by our understanding of the City’s operations. We will work with the accounting staff to identify the most effective ways to address our objectives. Communication between the members of the audit engagement team and City staff will be fluid and continuous. 6. Sample Size and Sampling Techniques: Our audit approach will include sampling activities. Population size and the level of assurance to be derived from a particular test will dictate the sample size. We use sampling in our audit approach to compliment skilled judgment and knowledge of the particular situation. Our sample size will range normally from 25 to 60 items. 7. Automated Systems: We will evaluate controls over the IT functions to assess control risk. We intend to test controls for purposes of reliance. Our review procedures will evaluate controls over: • Security Management • Logical and Physical Access • Configuration Management • Segregation of Duties • Contingency Planning In addition, we will review controls over: • Input, processing, output, master data • Application interface • Data management system interface Our Information Technology Specialists Group will evaluate the IT operating control environment. 8. Analytical Procedures: We use analytical procedures in several aspects of our audit. Extensive knowledge and industry background are required for effective analytics, and our staff possesses the appropriate experience and knowledge for the City to benefit from these procedures. 9. Approach to be Taken in Determining Laws and Regulations Subject to Audit Test Work: We continuously refer to specific regulations, compliance supplements, state guidelines and contracts currently in force. We perform the procedures required related to laws and regulations, using inquiries, observations and sampling techniques. Some of the laws and regulations that we believe may be applicable to the City are the requirements of the California Public Utilities Commission, Single Audit Act and other applicable laws and regulations, including the California Government Code, provisions of applicable Grant guidelines, California Constitution GANN Limit requirements, requirements of local measures, Child Care Program compliance requirements, etc. 10. Report Format: We will meet with City Management to review report formats. Any report format changes will be made in conjunction with approval from the City’s management. 11. Work Plans: The detailed work plans will be designed to efficiently and effectively address the audit requirements of the City in accordance with generally accepted auditing standards, to perform the audit of the City’s financial records in a timely manner with minimal disruptions to office operations, and to meet the City’s timeline. 4.4.b Packet Pg. 82 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 23 12. Adjusting Journal Entries: We will discuss and explain proposed audit adjusting entries with the City’s designated Finance Department personnel prior to recording. Audit adjusting entries will be provided in a format showing the lowest level of posting detail needed for data entry on the City’s general ledger system. 13. Listing of Schedules and Tables (anticipated to be prepared by the City): Based on preliminary inquiries made with management and City staff and review of documents, we will tailor a list of schedules, tables, and other reconciliations required for the audit. We will take into account as much as possible reconciliations already prepared by the City for day to day operations and reporting, as well as any reports that are system generated to limit the need for additional City staff hours. The following is a listing of significant reconciliations that we would normally expect the City to provide to us in assisting us in conducting our fieldwork. • Trial Balance • CAFR and Account Roll Up Schedule • Budget to Actual Reports • Bank Reconciliations • Listing of manually prepared journal entries posted • Summary of Investments held by the City • Capital Asset Schedules • Long Term Debt Schedules • Debt amortization schedules & Calculations of deferred amounts • Calculations of any debt covenants amounts or percentages • Schedule of Operating Leases • Schedule of Expenditures of Federal Awards • Analysis of Deferred Inflows of Resources an Deferred Outflows of Resources • Reconciliation of Receivables to subsidiary ledgers • Calculations for estimate of allowance for uncollectible accounts • Loans Receivable Schedules • Reconciliation of Significant Revenue Accounts • Utility billing Registers and Fee schedules • Compensated Absences and Early Retirement Obligation Schedules and Copies of Related Policies • Claims Payable schedules • Pension and OPEB Roll Forward & Supporting Schedules • GASB 54 Fund Balance Roll Forward Schedule • Interfund Transaction Schedules 14. Computer Software: The firm maintains a variety of software packages in the audit and financial statement compilation process, which include MS Office (Word, Excel, etc.), Prosystem fx Engagement, PPC Checkpoint and Checkpoint Tools, and Single Audit SMART Tool. Our I.T. Specialist also has the ability to run reports using IDEA (data analysis software). Our audit software enables us to link our audit trial balance to the financial statements, for efficient financial statement compilation. It also allows us to create various analytical reports easily (e.g. year to year comparisons, budget to actual comparisons, trend analysis, ratio analysis, etc.). Our research tools are always kept up to date to ensure compliance with accounting and auditing standards, and are also a resource for us to provide guidance to our clients. We also use Prosystem electronic portal, which allows our clients to easily upload requested audit schedules and testing selections. The portal is very helpful in the audit process as it reduces duplicated audit requests, and allows our engagement team to review uploaded schedules prior to beginning audit fieldwork. 4.4.b Packet Pg. 83 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 24 2018 Period Audit Tasks ►Review and obtain copies of key work papers of prior audit firm. ►Entrance conference with City Management to discuss audit approach, timing, assistance, and issues ►Review and evaluate the City's accounting and financial reporting. Prepare an overall memo of recommendations, potential issues, and suggestions for improvements. ►Prepare overall memo to City confirming audit procedures, timing, and assistance. ►Prepare detailed audit work plan and audit programs, audit budget and staffing schedule, and list of schedules to be prepared by City staff, and provide it to City Management. ►Meeting with key Finance Division personnel. ►Obtain and document understanding of key internal control systems through walk- throughs, interviews of staff, and review of supporting documentation: General ledger system. Budgeting system. Revenue, utility billing, accounts receivable, and cash collections. Purchasing, expenditures, accounts payable, and cash disbursements. Payroll. Federal Financial Assistance. Other systems. ►Identify control risks. ►Evaluate IT control environment. ►Perform testing of the internal control system and evaluate the effectiveness of the City’s systems. Select large dollar and random samples of transactions in key operating systems. Sample size to meet required level for determined degree of risk. Review supporting documentation of selected transactions, evaluate adequacy of support and approvals, and conclude on degree of adherence to accuracy and compliance with City policies. ►Conduct fraud assessment procedures. ►Assess degree of risk for material misstatement. ►Provide to the City’s management a memo concerning management letter points and identify issues, if any. Interim Audit Procedures: March - Planning and Administration - Internal Control Evaluation April 4.4.b Packet Pg. 84 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 25 2018 Period ►Review minutes of City Council meetings and other key committees. ►Preliminary testing,verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required. ►Preliminary Single Audit and other compliance testing ►Coordinate with City staff and prepare of all appropriate confirmation requests including: Bank accounts. Investment pool accounts. Accounts receivable. Federal grants. Revenue from governmental agencies. Bond and other debts. Pension plan. Attorney letters. Others, as required. ►Provide City with audit plan and list of year end audit schedules. ►Hold progress conference with City Management. ►Hold exit conference with City Management. September - Final Field work ►Entrance conference with City Management. ►Follow-up on all outstanding confirmations. ►Verify and validate account balances by reviewing supporting documentation including invoices, vouchers, council resolutions, minutes, and other documents, as required. ►Perform analytical review of revenue and expenditures. Determine reason for material differences between budget and actual. ► Perform a search for unrecorded liabilities by reviewing disbursements subsequent to June 30, testing terms of contractual obligations, and interviewing City staff. ►Perform review of subsequent events by discussions with City Management and update all minutes of City Council and key committees. ►Entrance conference with City Management. ►Obtain Federal Financial Assistance Schedule. ►Determine grants to be considered as major programs including clusters. ►Perform audit tests of major grant programs and compliance with Federal Law and Regulations. ►Review grant documents, select sufficient number of transactions to test for compliance of Federal Requirements. ►Coordinate Single Audit efforts with the Financial Audit efforts. ►Communicate findings to City Management. ►Other Compliance Audit Tasks - Single Audit Compliance - Other TasksApril 4.4.b Packet Pg. 85 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin Technical Proposal 26 Audit Schedule, Continued 2018 Period ►Prepare drafts of City prepared CAFR ►Prepare draft of Single Audit Reports concerning internal control structure, compliance with laws and regulations, and administering of federal financial assistance programs. ►Prepare other reports as required. October -Provide drafts of reports to City Management for review. October - Provide revised final drafts of all required reports to the City for approval November - Final Audit Reports, Financial Statements, and Single Audit Reports delivered. Audit Tasks - Audit ReportsOctober 4.4.b Packet Pg. 86 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin 27 Identification of Anticipated Potential Audit Problems We do not anticipate that there will be any audit problems at the City. However, the following are some areas that we will carefully investigate and monitor during our audit procedures: • Financial Reporting: o Review and evaluate that the City’s Annual Financial Reports are in compliance with current reporting and disclosures requirements issued by the GASB and GFOA. o Review Annual Financial Reports for financial reporting conformance awards issued by CSMFO and GFOA. o Review and evaluate degree of compliance with the various GASBs in effect. o Review degree of compliance with infrastructure obligations and regulatory provisions. • Internal Control Structure: o Review and evaluate the City’s internal control functions and ascertain compliance with proper internal control philosophies. o Review computer system processes and controls and evaluate adequacy of the control environment. Several new GASB pronouncements will become effective over the time period of this proposal. As such, specific attention will be provided to determine the proper implementation of these new pronouncements. A list of known new pronouncements with implementation dates that fall within this proposal period are as follows: 2017 • Statement 74 – Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans • Statement 77 – Tax Abatement Disclosures • Statement 78 – Pensions Provided through Certain Multiple-Employer Defined Benefit Pension Plans • Statement 80 – Blending Requirements for Certain Component Units – An Amendment of GASB Statement No. 14 • Statement 82 - Pension Issues, an amendment of GASB Statements No. 67, No. 68, and No. 73 2018 • Statement 75 – Accounting and Financial Reporting for Postemployment Benefits Other Than Pension • Statement 81 – Irrevocable Split-Interest Agreements • Statement 85 – Omnibus 2017 • Statement 86 – Certain Debt Extinguishment Issues 2019 • Statement 83 – Certain Asset Retirement Obligations 2020 • Statement 84 – Fiduciary Activities 2021 • Statement 87 – Leases Discussion of Relevant Accounting Issues 4.4.b Packet Pg. 87 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin 28 A client relationship with the City will be of great value to our Firm and we welcome the opportunity to develop a long-term relationship with the City. We are committed to: • Rendering the highest standard of service. • Developing a long-term working relationship dedicated to meeting the needs of the City. • Assisting the City in operational issues. • Producing a quality end-product. We have the technical qualifications and experience to provide the level of service desired and expected by the City and stand ready to provide our knowledge and experience for the benefit of your organization. We would like to express our appreciation to the City and to its Staff for allowing us the opportunity to submit a proposal to perform professional auditing services. We are available, at your convenience, to discuss any aspects of our proposal. Thank you for allowing us to present our Firm to you. * * * * * * * * * * * * * * * * * Conclusion 4.4.b Packet Pg. 88 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin 29 References 1) City of Berkeley • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure B (Alameda County), Vehicle Registration Fee Audit (Alameda County), Due Diligence Reviews for the RDA Successor Agency • Contract Amount: $188,000 • Engagement Partner: Ahmed Badawi • Principal Contact: Mr. Henry Oyekanmi Finance Director (510)981-7332 hoyekanmi@ci.berkeley.ca.us 2) City of San Mateo • Scope of Work: Comprehensive Annual Financial Report, Gann Limit, SAS114, Measure A (San Mateo County), Due Diligence Reviews for the RDA Successor Agency • Contract Amount: $60,000 • Engagement Partner: Ahmed Badawi • Address: 330 W 20th Avenue, San Mateo, CA 94403 • Principal Contact: Mr. Drew Corbett Director of Finance Phone: (650)522-7102 dcorbett@cityofsanmateo.org 3) City of Newark • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Utility Users Tax, Vehicle Registration Fee Audit (Alameda County), Measure B (Alameda County), Transportation Development Act, Newark Betterment Corporation Audit, Newark Betterment Corporation 990 Tax Return, Due Diligence Reviews for the RDA Successor Agency • Contract Amount: $55,000 • Engagement Partner: Ahmed Badawi • Address: 37101 Newark Blvd, Newark, CA 94560 • Principal Contact: Mrs. Susie Woodstock Director of Administrative Services Phone: (510)578-4804 Fax: (510)578-4358 susie.woodstock@newark.org 4) City of Barstow • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS 114, Barstow Fire Protection District, Odessa Water District • Contract Amount: $71,152 • Engagement Partner: Ahmed Badawi • Address: 220 E. Mountain View Street, Ste. A, Barstow, CA 92311 • Principal Contact: Mrs. Cindy Prothro Finance Director Phone: (760)255-5115 cprothro@barstowca.org Appendix A 4.4.b Packet Pg. 89 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t City of Dublin 30 5) City of Buena Park • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS 114, Buena Park Foundation • Contract Amount: $30,735 • Engagement Partner: Ahmed Badawi • Address: 6650 Beach Boulevard, 1st Floor, Buena Park, CA 90622 • Principal Contact: Mr. Sung Hyun Finance Director Phone: (714)562-3713 shyun@buenapark.com 6) City of Calimesa • Scope of Work: Basic Financial Statements, Gann Limit, SAS 114 • Contract Amount: $25,462 • Engagement Partner: Ahmed Badawi • Address: 908 Park Avenue, Calimesa, CA 92320 • Principal Contact: Ms. Bonnie Johnson City Manager Phone: (909)795.9801 bjohnson@cityofcalimesa.net 7) City of East Palo Alto • Scope of Work: Comprehensive Annual Financial Report, Single Audit, Gann Limit, SAS114, Measure C, Measure A Report (San Mateo County), • Contract Amount: $60,000 • Engagement Partner: Ahmed Badawi • Address: 2415 University Avenue, East Palo Alto, CA 94303 • Principal Contact: Mrs. Brenda Olwin Finance Director Phone: (650) 853-3122 bolwin@cityofepa.org 4.4.b Packet Pg. 90 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C o n s u l t i n g S e r v i c e s A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a d a w i & A s s o c i a t e s ( A u d i t Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Task Order with Kimley-Horn and Associates to Prepare an Environmental Impact Report for the At Dublin Project Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will consider approving a Task Order authorizing Kimley-Horn and Associates, a planning consulting firm, to prepare an Environmental Impact Report (EIR) for the proposed At Dublin project. The cost to prepare the EIR is not to exceed $501,663, which includes a 10% contingency. STAFF RECOMMENDATION: Adopt the Resolution Approving a Task Order with Kimley-Horn to Prepare an Environmental Impact Report for the At Dublin Project. FINANCIAL IMPACT: No financial impact to the City. All costs associated with the cost to prepare the Environmental Impact Report, if authorized by the City Council, would be borne by the Applicant. DESCRIPTION: Background On October 3, 2017, City Council authorized the initiation of a General Plan Amendment Study requested by Shea Properties for the approximately 76-acre site primarily bound by Tassajara Road, Interstate 580, Brannigan Street and Gleason Drive. The Study would evaluate a proposal to change the existing General Plan/Eastern Dublin Specific Plan land use designations to accommodate the development of up to 450,000 square feet of commercial development and up to 700 residential units. The project site is shown in the Vicinity Map below: 4.5 Packet Pg. 91 Page 2 of 3 Figure 1: Project Vicinity At this time, City Staff is requesting that the City Council approve a Task Order authorizing Kimley-Horn to assist staff with completing the required analysis and prepare an Environmental Impact Report (EIR) for the proposed At Dublin project. ANALYSIS: The City maintains contracts with various planning firms that provide consulting services to the City on an as needed basis. These firms, including Kimley-Horn, were selected through an open and competitive Request for Qualifications (RFQ). The City Council approved three year contracts with these firms on July 19, 2016 (Resolution 132-16). Staff has selected Kimley-Horn to assist with the preparation of the EIR for the At Dublin project. Kimley-Horn worked with Staff to prepare a Scope of Work and budget to complete the required analysis and to prepare the EIR (Exhibit A to Attachment 1). The cost for Kimley-Horn to complete this work is not to exceed $501,663 (the total budget amount of $456,057 plus a 10% contingency fund). This budget figure covers the preparation of the Environmental Impact Report as described in the Scope of Work (Exhibit A to Attachment 1). The Scope of Work and Fee Proposals have been reviewed and agreed to by Staff. The cost to prepare the Environmental Impact Report, as described in the Scope of Work, will be wholly paid for by the Applicant (including any scope/budget increases 4.5 Packet Pg. 92 Page 3 of 3 agreed to by the Applicant). NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. A public notice is not required to approve a Consultant Services Agreement. ATTACHMENTS: 1. Resolution Approving a Task Order with Kimley-Horn to Prepare an Environmental Impact Report for the At Dublin Project 2. Exhibit A to the Resolution 4.5 Packet Pg. 93 RESOLUTION NO. xx-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN _____________________________________________________ APPROVING A TASK ORDER WITH KIMLEY-HORN AND ASSOCIATES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE AT DUBLIN PROJECT WHEREAS, on October 3, 2017, the City Council granted the request by Shea Properties to initiate a General Plan Amendment Study to change the General Plan and Eastern Dublin Specific Plan land use designations on approximately 76 acres primarily bound by Tassajara Road, Interstate 580, Brannigan Street and Gleason Drive, to accommodate the development of up to 450,000 square feet of commercial development and up to 700 residential units; and WHEREAS, the City maintains contracts with qualified firm, that were selected through a competitive process, to provide planning consulting services on an as needed basis; and WHEREAS, City Staff requested a scope of work and budget from Kimley-Horn, one of the City’s on-call planning consulting firms, to assist staff with preparation of the necessary environmental documentation in accordance with the California Environmental Quality Act (CEQA) to analyze the impacts of the proposed At Dublin project; and WHEREAS, Kimley-Horn prepared a detailed scope of work and fee proposal to prepare an Environmental Impact Report for the proposed project which is included as Exhibit A to this resolution; and WHEREAS, Kimley-Horn has shown that they have the ability to perform the planning and environmental consulting services required; and WHEREAS, a budget to complete the scope of work is not to exceed $501,663 (project budget amount of $456,057 plus additional 10% contingency fund); and WHEREAS, Kimely-Horn will perform the work outlined in the Scope of Work and Fee Proposals once the Project Applicant has funded the Developer Deposit Account to complete the work described in the Scope of Work; and WHEREAS, all costs associated with the preparation of the Environmental Impact Report shall be borne by the Applicant; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does authorize the City Manager to execute a Task Order with Kimley-Horn in accordance with the scope of work and budget, attached hereto as Exhibit A, to prepare an Environmental Impact Report for a fee not to exceed $501,663 (project budget amount of $465,057 plus additional 10% contingency fund to be spent only with authorization of City). PASSED, APPROVED AND ADOPTED this 21th day of November, 2017, by the following vote: 4.5.a Packet Pg. 94 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a T a s k O r d e r w i t h K i m l e y - H o r n t o P r e p a r e a n E n v i r o n m e n t a l I m p a c t R e p o r t f o r t h e A t D u b l i n P r o j e c t ( A t AYES: NOES: ABSENT: ABSTAIN: __________________________________ Mayor ATTEST: City Clerk 4.5.a Packet Pg. 95 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a T a s k O r d e r w i t h K i m l e y - H o r n t o P r e p a r e a n E n v i r o n m e n t a l I m p a c t R e p o r t f o r t h e A t D u b l i n P r o j e c t ( A t Scope of Work At Dublin Project EIR CEQA Environmental Services 4.5.b Packet Pg. 96 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) kimley-horn.com 100 West San Fernando Street, Suite 250, San Jose, CA 95113 669 800 4130 November 8, 2017 Amy Million Principal Planner City of Dublin Community Development Department 100 Civic Plaza Dublin, CA 94568 via email RE: At Dublin Project EIR Dear Amy: Kimley-Horn is pleased to submit this scope of work to provide CEQA environmental services for the proposed At Dublin project. The project-level EIR will include a comprehensive environmental analysis of a 76-acre mixed-use project that proposes to change the existing General Plan land use designations to accommodate the development of 450,000 square feet of commercial development and 700 residential units. Kimley-Horn provides a highly skilled, experienced, and responsive team of local professionals with a record of successfully prepared legally defensible environmental documents for public agencies throughout Northern California. Staff from Kimley-Horn have been working for the City of Dublin for more than 20 years on various planning, design, and engineering projects. As a result, we bring significant insight and understanding of the environmental and planning issues that will be addressed in this EIR. Our formula for success results in the presentation of potential impacts and key findings to decision-makers for project determination and certification. To ensure a successful CEQA review process and the preparation of a high quality environmental document, our approach includes: ▪ Identifying the individual, cumulative, and growth-inducing impacts that may result from implementation of the proposed improvements. ▪ Facilitating open communication and developing an understanding of project needs with our client to guide the overall approach and successful issue resolution. ▪ Commitment of senior level management to provide close coordination with our client to ensure technical accuracy and carefully monitor budget and schedule compliance. 4.5.b Packet Pg. 97 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) Ms. Amy Million City of Dublin Page 2 ▪ Responsiveness to issues of concern raised by responsible and regulatory agencies and the public. ▪ As a full-service firm, Kimley-Horn’s planning and environmental services are supported by in-house technical expertise (e.g. civil engineering, land development, traffic analysis, landscape architecture, and GIS) which results in fewer subconsultants, more streamlined project management, and improved quality control. Throughout our 50-year history, Kimley-Horn has built a reputation for providing innovative, high-quality consulting services and is recognized nationwide for our stature as a business enterprise, for the outstanding talents of our consulting staff, and for the quality of our work. For this project, Kimley-Horn has partnered with; WRA Inc. to address biological resources, and Michael Baker International to address air quality, greenhouse gas emissions , energy and noise. We have worked extensively with both firms and will provide in-house coordination of their technical studies into the Draft EIR. Should the need for other subconsultants arise, we will work with the City of Dublin to identify the most suitable consultant to accomplish your objectives. We greatly look forward to the opportunity to work with the City of Dublin on this very important project. Please contact me if you have any questions regarding this scope of work. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Bill Wiseman Planning Practice Leader 4.5.b Packet Pg. 98 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Project Understanding & Approach | Page 1-1 11/8/2017 Project Understanding & Approach The City of Dublin City Council has approved a request by Shea Properties, in partnership with SCS Development Company, to initiate a General Plan Amendment Study for a 76.2-acre site bound by Tassajara Road, Interstate 580, Brannigan Street and Gleason Drive. The Study would evaluate a proposal to change the existing General Plan land use designations to accommodate the development of 450,000 square feet of commercial development and 680 residential units. Part of this evaluation will include the preparation of a project-level Draft and Final Environmental Impact Report (EIR). The At Dublin project is proposed on the property formerly owned by the Dublin Land Company. The property is located in the Eastern Dublin Specific Plan (EDSP) area and has Planned Development Zoning (Resolution No. 104-94) adopted with the EDSP. The site is surrounded by commercial uses to the southwest and southeast and residential uses to the northwest and northeast. 4.5.b Packet Pg. 99 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Project Understanding & Approach | Page 1-2 11/8/2017 The project site is vacant land and is generally flat with a slight slope from a higher elevation at the northerly boundary to a slightly lower elevation towards the southerly boundary. At one time the property was used for agricultural purposes and has remained vacant (except for temporary seasonal uses) with low lying native and non-native grasses turned periodically for the purposes of weed abatement. A small group of trees and shrubs is located near the corner of Tassajara Road and Central Parkway. No grading for development purposes has occurred to date. The site currently has General Plan/Eastern Dublin Specific Plan land use designations of Neighborhood Commercial, General Commercial, Medium High Density Residential, High Density Residential, and Public/Semi-Public. A majority of the site is designated General Commercial. The Eastern Dublin Specific Plan assumed development of 261 residential units and 902,563 square feet of commercial. Most the site, excluding the most northerly portion, is located with the Airport Influence Area (AIA)/Overlay Zoning District. This area is designated as an area in which current or future airport-related noise, overflight, safety and/or airspace protection factors may affect land uses or necessitate restrictions on those uses. The AIA is a designation by the Alameda County Airport Land Use Commission. The project consists of a mix of lifestyle retail and residential uses. To accommodate the project, the applicant proposes to redistribute and simplify the six existing land use designations to four land use designations organized in large blocks . The proposed land use designations are generally consistent with the land use patterns of the surrounding properties . The proposed land uses, from the south to the north are: General Commercial; Mixed Use; Medium High Density Residential; and Medium Density Residential. At Dublin Development Program Land Use Designations Gross Acres Res. Units Du/Acre Floor Area Ratio Commercial sq. ft. General Commercial 22.1 -- -- .39 370,000 Mixed- 15.1 300 -- .74 80,000 Medium-Density Residential 39 380 9.7 -- -- Total 76.2 680 -- -- 450,000 4.5.b Packet Pg. 100 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-1 11/8/2017 Scope of Work Kimley-Horn and Associates, Inc. (Kimley-Horn) has prepared this Scope of Work to the City of Dublin (the Client/Client) for preparation of an EIR for the At Dublin project (the project). Kimley-Horn will be the prime consultant and will be responsible for authorship of the EIR, project management, selected technical analysis, and public engagement. Subconsultants to Kimley-Horn will be Michael Baker International and WRA, Inc. Kimley-Horn will provide the Client with a project-level EIR that will address all aspects of the project while minimizing or avoiding the need for future environmental review. The EIR analysis will be sufficient in detail to allow for the identification of environmental impacts and mitigations. The thresholds of significance for determining impact significance will be clearly defined early in the process, and will be reviewed with the Client prior to preparing the EIR impact sections. Project Initiation Project Kick-Off Meeting Kimley-Horn’s project manager and other key team members will meet with Client staff and the project applicant (as appropriate) to discuss the environmental review process for the project and develop a strategy for environmental compliance that meets the requirements of CEQA. Meeting agenda items will include: ▪ Team introductions ▪ Role, responsibilities and communication protocols ▪ Review of project development plans ▪ Receipt of existing technical studies ▪ Review status of technical studies to be prepared/pending ▪ Receipt of project objectives from applicant ▪ Discuss technical assumptions and data needs ▪ Provide applicant with KHA construction and GHG questionnaires ▪ Review of project scope and schedule ▪ Discuss NOP and scoping meeting (distribution, noticing, dates, venue, etc.) ▪ Action items / net steps Research and Investigation Kimley-Horn will work with the Client and the project applicant to collect and review all relevant reports and sources of data. Kimley-Horn will review and confirm that the project 4.5.b Packet Pg. 101 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-2 11/8/2017 information collected is suitable for use in developing the project description , as well as applicable impact assessments for the environmental document. Project research will include coordination with the Client to acquire relevant environmental data, previous studies for the area, and other available files, exhibits, maps, and reference documents. The initial investigation will consist of a site visit, review of existing land uses and environmental conditions, and a photographic recording of onsite and surrounding uses. This scope of work assumes the following technical studies will be utilized for the EIR analysis. Table 1: AT Dublin Technical Studies Environmental Resource Title Source Aesthetics Visual Simulations Project Applicant Agricultural Resources -- East Dublin Specific Plan EIR Air Quality Air Quality Technical Report Michael Baker International Biological Resources Biological Resources Assessment Wetland Delineation (if required) Rare Plant Surveys WRA, Inc. Cultural Resources -- East Dublin Specific Plan EIR Geology & Soils Preliminary Geotechnical Report Project Applicant Greenhouse Gas Emissions GHG Analysis Michael Baker International Hazards & Hazardous Materials Phase I/II Environmental Site Assessment(s) Project Applicant Hydrology & Water Quality Stormwater Management Plan Project Applicant Noise Noise Study Michael Baker International Transportation & Traffic Traffic Impact Analysis Kimley-Horn & Associates Utilities & Service Systems Water Supply Assessment Utility Analysis Dublin San Ramon Services District Public Services -- Various existing agency master plans EIR Outline Prior to preparation of the Administrative Draft EIR, Kimley-Horn takes the unique approach of preparing a detailed EIR outline. This outline serves as a roadmap for the project and helps to 4.5.b Packet Pg. 102 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-3 11/8/2017 ensure a clear and effective Client working relationship, according to a mutually agreed p rocess and approach. The EIR outline will identify in draft form the following: ▪ A detailed table of contents that identifies all the chapters, sections, and organizational structure of the EIR. ▪ All relevant thresholds of significance including CEQA and th ose of the Lead Agency and Responsible Agencies (where relevant). ▪ Discussion of the Effects Not Found to Be Significant and thresholds were there are anticipated to be no impacts or beneficial impacts. ▪ Preliminary identification of all impact statements. ▪ Preliminary list of figures and tables. ▪ Preliminary list of appendices. Draft Project Description Kimley-Horn will prepare a draft of the project description including all referenced figures . As stated in Section 15124 of CEQA, the project description will contain the following information: ▪ The precise location and boundaries of the project will be shown on a detailed, topographic map. The location of the project will also appear on a regional map. ▪ A statement of objectives sought by the project. A clearly written statement of objectives will help the Client develop a reasonable range of alternatives to evaluate in the EIR and will aid the decision makers in preparing findings or a statement of overriding considerations, if necessary. The statement of objectives will include the underlying purpose of the project. ▪ A general description of the project's technical, economic, and environmental characteristics, considering the principal engineering proposals, if any, and supporting public service facilities. ▪ A thorough discussion of project phasing. ▪ A statement briefly describing the intended uses of the EIR. This statement will include, to the extent that the information is known to the Client the following: a) A list of the agencies that are expected to use the EIR in their decision-making, b) A list of permits and other approvals required to implement the project, and c) A list of related environmental review and consultation requirements required by federal, state, or local laws, regulations, or policies. All decisions subject to CEQA will be listed in the order in which they will occur. The draft project description will be submitted to the Client for review and comment . 4.5.b Packet Pg. 103 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-4 11/8/2017 Kimley-Horn will review the draft EIR outline with the Client concurrent with review of the draft project description. Notice of Preparation Kimley-Horn will prepare the Notice of Preparation (NOP) that summarizes the project and what environmental issues will be addressed fully in the EIR and those that will be determined to be insignificant, as shown I the table below. Included for Detailed EIR Analysis (Potentially Significant) Excluded from Detailed EIR Analysis (Insignificant) Aesthetics Air Quality / GHG Emissions Biological Resources Cultural Resources Energy Geology & Soils Hazards & Hazardous Materials Hydrology & Water Quality Land Use / Planning Noise Population & Housing Public Services and Recreation Transportation & Circulation Tribal Cultural Resources Utilities & Service Systems Agricultural and Forestry Resources Mineral Resources The NOP package will be prepared pursuant to Section 15082(a) of the CEQA Guidelines. An electronic file will be sent to the Client for review and consideration. Following review and incorporation of comments by the Client, Kimley-Horn will prepare the final NOP. This scope of work assumes that the Client will be responsible for the preparation of all public notices and distribution of the IS/NOP pursuant to CEQA requirements, including all relevant public agencies. Public Scoping Meeting Staff from Kimley-Horn will attend and help facilitate a public scoping meeting for the project. The public scoping meeting will serve to obtain information and input from responsible agencies and the public, as well as to inform the public about th e CEQA review and EIR process. 4.5.b Packet Pg. 104 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-5 11/8/2017 Kimley-Horn will prepare a draft and final presentation (in PowerPoint) and will prepare handout materials including copies of the NOP and comment forms. These materials will be reviewed with the Client prior to finalizing. Scoping comments received will during the scoping meeting and from the NOP will be documented in the Draft EIR. Review NOP and Refine Project Scope Based on comments received by the public from the NOP and the public scoping meeting, Kimley-Horn will review the key environmental issues with the project team, clarify/refine the scope of work for the EIR, and identify any additional analytical tasks not included in this scope of work. Peer Review and Preparation of Technical Studies Geotechnical Study Peer Review Kimley-Horn will conduct a peer review of the applicant-provided geotechnical study to determine if it provides sufficient information to complete the CEQA evaluation . Kimley-Horn will review the geotechnical study to evaluate the characterization of site condition s, the adequacy of the geotechnical data collected, and the consistency of the engineering conclusions. Kimley-Horn will review recommended actions to mitigate potential impacts related to these site conditions. If issues are identified, we will prepare a memo recommending or describing conditions that need to be addressed by supplemental investigation or analysis. Phase I/II Environmental Site Assessment(s) Peer Review Kimley-Horn will conduct a peer review of the applicant-provided Phase I/II Environmental Site Assessments (ESAs) to determine if they provide sufficient information to complete the CEQA evaluation. Kimley-Horn will review the Phase I/II ESAs to identify data gaps and review historical documentation for the site and adjacent properties . We will review the report conclusions and recommendations, and any recognized environmental concerns for the site . If issues are identified, we will prepare a memo recommending or describing conditions that need to be addressed by supplemental investigation or analysis. Biological Resources WRA, Inc. will provide the following technical studies as a subconsultant to Kimley-Horn. Biological Resources Assessment WRA staff biologists will conduct a biological resources survey at the site as part of the CEQA analysis. WRA will conduct a site visit to make observations on the vegetation and potential wildlife use in areas identified for impacts to prepare the Biological Resources Assessment (BRA) using the existing information, previous studies, and published accounts, including the 4.5.b Packet Pg. 105 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-6 11/8/2017 California Natural Diversity Database (CNDDB). The BRA will include an analysis of potential impacts, significance, and minimization, mitigation, and avoidance measures suitable for incorporation into the biological resources section of the Draft EIR. WRA’s approach for conducting this study consists of the following: ▪ Collect and Review Existing Information on Biotic Resources in the Project Vicinity . Prior to the site visit, a search of the California Department of Fish and Wildlif e California Natural Diversity Data Base (CNDDB), the California Native Plant Society (CNPS) database, and the United States Fish and Wildlife Service (USFWS) county list will be conducted to determine which protected species and/or critical habitat potent ially occur near the site. Available aerial photography, United States Geologic Survey (USGS) maps, and other sources will be reviewed for the potential location of wetland habitats or other sensitive species for the site. ▪ Conduct a Field Reconnaissance of the Site. A site visit will be undertaken and the site will be traversed on foot and the habitats present assessed to determine suitability for special-status wildlife and plant species. Possible impacts to sensitive species located within the footprint of the project will be the focus of the site inspection; however, any potential indirect impacts from the project will also be assessed. Jurisdictional Wetland Delineation Report (Optional Task) WRA staff will review the data collected during the initial site visit to determine if areas meet the criteria required in the US Army Corps of Engineers wetland delineation manual. If wetlands are identified, a Jurisdictional Wetland Delineation Report will be prepared in accordance with the format required by the San Francisco Corps District. WRA will prepare a draft report for review by Kimley-Horn and the City. Once approved for submittal, WRA will assist the Applicant in submitting the delineation and request that the Corps conduct a site verification of the proposed delineation. WRA will attend the site visit and discuss its findings with Corps staff. A final map will be prepared following the site inspection by the Corps to reflect any modifications agreed to in the field. Rare Plant Survey and Mapping As part of the vegetation survey, a rare plant survey following the CDFW and California Native Plant Society protocols will be undertaken. Plant species that have the potential to occur in the project area include Congdon’s tarplant, saline clover, and hai rless popcornflower. Using the list of potential sensitive species, qualified staff will conduct a rare plant survey with a focus on areas of proposed development. A reference site will also be visited to confirm that the species in question are blooming at the time of the surveys. The survey will require three site visits to cover the blooming periods of the range of species that are being surveyed . One survey will be conducted in the fall, and two in the spring. 4.5.b Packet Pg. 106 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-7 11/8/2017 Additional Biological Support Services Response to Comments on Draft EIR Bio Section Following completion of the public review period, WRA will respond to agency and public comments submitted on the Draft EIR biological resources section. The extent of work necessary to complete the Final EIR is contingent upon the number and nature of public comments that are received after the Draft EIR is circulated . For the purposes of this scope of work, WRA has budgeted twenty-four (24) hours for WRA to respond to comments. If additional time is required, Kimley-Horn will consult with the Client on a revised scope of work. Project Management and Meetings Staff from WRA will be available to attend up to three (3) public hearings on the EIR and project. In addition, WRA’s project manager will be available during the EIR phase of the project for conference calls and three (3) team meetings, as necessary. Air Quality, GHG, Noise, and Energy The Air Quality, GHG, Noise, and Energy technical analysis will be prepared by Michael Baker International (MBI), as a subconsultant to Kimley-Horn. Air Quality The air quality analysis will follow guidance presented by the BAAQMD in its CEQA Air Quality Guidelines (2017) where appropriate for this assessment. The 2017 version of the CEQA Air Quality Guidelines includes revisions made to address legal challenges and the 2015 California Supreme Court’s opinion. However, the 2017 Guidelines update does not address outdated references, links, analytical methodologies or other technical information. As such, the Guidelines will be primarily utilized for information purposes. Per direction from the BAAQMD, the Guidelines will inform environmental review for the project. Specific methodologies will be reviewed for appropriateness and updated methodologies may be used if available (e.g., the methodology for risk assessment in the 2017 Guidelines can be supplemented with latest guidance from the California Office of Environmental Health Hazard Assessment). It should be noted that the BAAQMD has initiated an update to reflect new or revised requirements in the State CEQA Guidelines, recent court decisions, improved analytical methodologies, and new mitigation strategies. The analysis will address the CEQA guidelines Appendix G checklist questions for air quality and greenhouse gases. MBI will base the greenhouse gas significance on consistency with the City of Dublin Climate Action Plan 2013 Update if the resident and employee projections are similar to the projections for the site included in the CAP under the existing entitlements. In addition, the EIR will analyze project consistency with post-2020 GHG reduction goals (i.e., SB 32 reduction targets as well as 2050 targets), which is outside of the scope of the City’s CAP. Project GHG emissions and applicable reductions will be quantified. 4.5.b Packet Pg. 107 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-8 11/8/2017 Existing Conditions/Regulatory Framework The project is located within the San Francisco Bay Area Air Basin (SFBAAB), which is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). Baseline meteorological and air quality data developed through the Califor nia Air Resources Board (CARB) will be utilized for the description of existing ambient air quality. Air quality data from the nearest air quality monitoring station will be included to help highlight existing air quality local to the project area. The analysis will also describe and address the requirements set forth by the BAAQMD CEQA Air Quality Guidelines. Short-Term Emissions Construction emissions will be quantified with the California Emissions Estimator Model version 2016.3.2 (CalEEMod). A general description of the major phases of construction and their timing will be included. The air pollutant emissions during construction will be compared to the BAAQMD thresholds of significance. Naturally occurring asbestos impacts will also be discussed qualitatively. Long-Term Emissions Operational (i.e., area and mobile source) emissions will be quantified and compared to the BAAQMD thresholds of significance. Primary sources of emissions will be related to area sources and local/regional vehicle miles traveled. Project consistency with the latest BAAQMD Clean Air Plan will be evaluated. Toxic Air Contaminants The project is located within 1,000 feet of Interstate 580, which have a significant number of vehicles and are toxic air contaminant (TAC) sources. Based on the BAAQMD’s Planning Healthy Places interactive maps, the project site is within an area where best practices are recommended to reduce exposure to TACs. However, the project proposes residential uses outside of the BAAQMD’s recommended 1,000-foot buffer. Per the BAAQMD requirements, the analysis will qualitatively address TACs based on the proximity of the toxic air contaminants to sensitive receptors; the likelihood and potential level of exposure; and the degree to which project design will reduce the risk of exposure. The analysis will qualitatively discuss the potential risk at the project site and identify applicable best practices that can be implemented to reduce potential exposure to TAC emissions. This scope excludes quantitative analysis, dispersion modeling, and risk calculations. Greenhouse Gas Emissions MBI will review the land use data and prepare an inventory of greenhouse gas (GHG) emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation). Project GHG emissions and applicable reductions will be quantified with CalEEMod. The analysis will address the project’s consistency with the City’s Climate Action Plan (July 2013) and the project’s GHG emissions in relation to BAAQMD significance thresholds 4.5.b Packet Pg. 108 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-9 11/8/2017 and/or screening thresholds. As discussed above, the CAP consistency analysis will determine if resident and employee projections are similar to the projections for the site included in the CAP under the existing entitlements. The EIR will also analyze project consistency with post-2020 GHG reduction goals. The climate change analysis will be structured to address the relevant question s from Appendix G of the CEQA Guidelines. Mitigation measures will be identified and incorporated, as necessary, to reduce potentially significant GHG emissions of the project. The GHG emissions analysis will also discuss the potential global climate chan ge impacts, the effects of GHG emissions, and history of GHG emissions regulations in California. Project consistency with statewide GHG emissions reduction strategies such as the CARB Scoping Plan and the Metropolitan Transportation Commission (MTC) Regional Transportation Plan/Sustainable Community Strategy (Bay Area Plan) will also be reviewed. Noise & Vibration Existing Conditions Applicable noise and land use compatibility criteria for the project area will be reviewed and noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted and short-term noise level measurements will be taken along the project area. The noise monitoring survey will be conducted at up to six separate locations to establish baseline noise levels in the project area. Noise recording lengths are anticipated to require approximately 10 minutes at each location. Construction-Related Noise and Vibration Construction would occur during implementation of the project. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equipment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence at adjacent sensitive locations. An analysis of vibration impacts will be based on the Federal Transit Administration’s vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. Operational Noise Sources On- and off-site noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format . On-site noise generating activities will also be addressed and analyzed for potential impacts to the adjacent uses. Project consistency with applicable General Plan and EDSP policies will also be addressed to analyze the compatibility of the project residential uses with the surrounding land uses and noise sources. 4.5.b Packet Pg. 109 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-10 11/8/2017 Energy MBI will analyze the energy implications of the project pursuant to Public Resources Code Section 21100(b)(3) and Appendix F of the CEQA Guidelines. These statutes and guidelines require an EIR to describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze energy consumption associated with short-term construction activities, long-term operations, buildings, and transportation. The assessment of environmental impacts on energy resources will include mitigation measures, if necessary, to reduce inefficient and unnecessary consumption of energy. Traffic Impact Analysis The Traffic Impact Analysis will be prepared by Kimley-Horn. 2000 HCM methodologies will be used to determine current levels of service at City of Dublin study intersections . HCM 2010 methodologies will be used to evaluate Alameda CTC CMP facilities, Tri-Valley Transportation Council routes of regional significance, and Caltrans facilities. Queueing at study intersections and project driveways will be evaluated using Synchro. The transportation impact analysis will use information included in the Dublin Crossing EIR and the Dublin IKEA Transportation Analysis Assumptions memo, as well as current traffic count data, as identified below. The following intersections will be evaluated: City of Dublin 1. Gleason Drive / Hacienda Road (utilizing the IKEA traffic counts) 2. Hacienda Drive / Central Parkway (utilizing the IKEA traffic counts) 3. Dublin Boulevard / Hacienda Drive (utilizing the IKEA traffic counts) 4. Dublin Boulevard / Hibernia Drive (utilizing the IKEA traffic counts) 5. Dublin Boulevard / Myrtle Drive-Toyota Drive (utilizing the IKEA traffic counts) 6. Dublin Boulevard / John Monego Court 7. Dublin Boulevard / Glynnis Rose Drive 8. Tassajara Road / Gleason Drive 9. Tassajara Road / Central Parkway (utilizing the IKEA traffic counts) 10. Tassajara Road / Dublin Boulevard (utilizing the IKEA traffic counts) * 11. Tassajara Road / Dublin Corporate Way 12. Tassajara Road / I-580 WB Ramps 13. Tassajara / I-580 EB Ramps – Pimlico Drive 14. Santa Rita Road / Las Positas Boulevard 4.5.b Packet Pg. 110 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-11 11/8/2017 15. Brannigan Street / Gleason Drive 16. Brannigan Street / Central Parkway 17. Brannigan Street / Finnian Way 18. Brannigan Street / Dublin Boulevard 19. Gleason Drive / Fallon Road 20. Dublin Boulevard / Fallon Road 21. Project Driveway #1 / Gleason Drive 22. Project Driveway #2 / Brannigan Street 23. Project Driveway #3 / Central Parkway 24. Project Driveway #4 / Central Parkway 25. Project Driveway #5 – The Shops / Tassajara Road * 26. Project Driveway #6 – Finnian Way / Brannigan Street 27. Project Driveway #7 / Tassajara Road 28. Project Driveway #8 / Dublin Boulevard 29. Project Driveway #9 / Tassajara Road 30. Project Driveway #10 / Brannigan Street 31. Dublin Boulevard / Grafton 32. Fallon Road at I-580 WB ramps 33. Fallon Road at I-580 EB ramps City of Pleasanton 34. El Charro Road at Stoneridge/E. Jack London 35. Hacienda Drive at Owens Drive 36. Hacienda Drive at I-580 WB ramps 37. Hacienda Drive at I-580 EB ramps * Includes both weekday and weekend intersection analysis. The following intersections will have a signal warrant analysis completed: 1. Finnian Way /Brannigan Street 4.5.b Packet Pg. 111 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-12 11/8/2017 2. Aviano Way / Brannigan Street The following freeway segments will be analyzed: a. I-580 from Dougherty Road to Hacienda Drive b. I-580 from Hacienda Drive to Tassajara Road c. I-580 from Tassajara Road to Fallon Road d. Fallon Road to Airway Boulevard Project Initiation Existing Conditions Where existing traffic count data is not available, Kimley-Horn will collect weekday AM (7:00 - 9:00) and PM (4:00-6:00) peak period intersection turning movement counts at the existing study intersections on a Tuesday, Wednesday, or Thursday when local schools are in session and not during a holiday week. Pedestrian, bicyclist and heavy vehicle classification counts will also be counted at these study intersections. Additionally, Kimley-Horn will collect weekend peak hour intersection turning movement counts at the intersections of Tassajara Road / Dublin Boulevard and Tassajara Road / The Shops Available data from Caltrans and the City will be used to determine freeway mainline volumes, and ramp merge/diverge volumes will be determined from turning movement counts at the ramp terminal intersections . Kimley-Horn will conduct a field reconnaissance of the project site and surrounding roadway network to verify existing intersection control, lane configurations, and other roadway characteristics. Data for transit services, heavy vehicle classification, bicycle, and pedestrian facilities within the study area will also be collected . Kimley-Horn will request accident data from the City at intersections within the immediate study area . Project Trip Generation and Assignment The Kimley-Horn will peer review the Trip Generation Estimates for Shea Properties, dated 9/29/17, and as validated by City staff, as the basis for the trip generation analysis. This analysis includes the project as well as existing use trip generation estimates per the East Dublin Specific Plan. Kimley-Horn will develop trip distribution percentages using a variety of data sources including existing and new traffic counts, and a select zone analysis. The updated City of Dublin travel demand model that was developed as part of the Kaiser TIA, and updated in the IKEA TIA, will be used to prepare a select zone analysis for the project for 2025 and 2040 future year scenarios. 4.5.b Packet Pg. 112 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-13 11/8/2017 Transportation Analysis Assumptions Memorandum Kimley-Horn will prepare a Transportation Analysis Assumptions Memorandum that will document the analysis assumptions for the project’s transportation impact analysis. It will address the project description, project travel characteristics, analysis scenarios and parameters, potential travel demand management (TDM) strategies, parking assumptions, and significance criteria. It will also include a final list of study intersections and mainline freeway segments. Kimley-Horn will outline an approach to calculate vehicle miles of travel for the project, as well as suggest additional transportation thresholds of significance consistent with the updated CEQA guidelines. New thresholds of significance will consider if a project site is located within a PDA planning area and safety impacts A draft memorandum will be reviewed in a meeting with City staff. A final memorandum will be prepared per City direction. Administrative Draft Traffic Impact Analysis The Administrative Draft TIA Report will include text, charts, and figures describing our process, assumptions, and results. To avoid duplication of work, the TIA will be prepared as a drop-in section to the Draft EIR. Supporting documentation will be included as an appendix. Preparation of the Draft TIA will include the following tasks. Existing Plus Project Existing plus project traffic volumes will be evaluated to determine levels of service (LOS) and vehicle queuing under implementation of the project. Clarification regarding the timing of project buildout will be described. Near-Term (2025) Near-Term traffic volumes will be estimated based on 2025 development year . Kimley-Horn will work with the City to determine approved project s expected to be constructed before 2025. Levels of service (LOS) and vehicle queuing under this development condition will then be prepared. Near-Term Plus Project (2025) Near-Term plus the project traffic volumes will be evaluated to determine levels of service (LOS) and vehicle queuing under this development condition. Cumulative (2040) Cumulative traffic volumes will be evaluated to determine levels of service (LOS) and vehicle queuing under this development condition. Cumulative volumes will be estimated/determined based on the development year 2040. 4.5.b Packet Pg. 113 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-14 11/8/2017 Cumulative Plus Project (2040) Cumulative plus project traffic volumes will be evaluated to determine levels of service and vehicle queuing under this development condition . Site Plan Evaluation Kimley-Horn will review the site plan for the project phases to ensure safe and efficient circulation of vehicles, bicycles and pedestrians through the project site and on the roadways adjacent to the project site for each project phase. Kimley-Horn will review the plan in terms of: ▪ Site access and interface with roadway network including adequacy of turn-pocket lengths, driveway throat lengths, sight distance and level of service. ▪ Vehicular circulation and internal intersection operations. ▪ Emergency vehicle access and circulation. ▪ Pedestrian access and circulation within and adjacent to the site. ▪ Bicycle access and circulation within and adjacent to the site. ▪ Transit and shuttle vehicle circulation within and adjacent to the site. ▪ Pedestrian access to and from transit stops. ▪ Truck circulation and loading dock access. Transit Evaluation The potential transit trip generation for the project will be calculated and the existing load factors of relevant transit routes reviewed. Potential transit trips from the project will be added to the existing routes in the area to determine if project related transit trips can be accommodated by the existing system. The potential for a shuttle between the West Dublin/Pleasanton BART station and the project site will be evaluated. Transportation Demand Management TDM elements that will be evaluated will include: project design to encourage walking and biking, lower parking ratios, shuttle service and transit fare incentives, designated bike parking, EV charging stations, carpool, and clean-fuel parking spaces. Vehicle Miles Traveled The updated City of Dublin travel demand model and CalEEmod will be used to estimate VMT for the project. OPR’s draft VMT guidelines will be used to evaluate the project VMT, however, since the City of Dublin has not yet adopted VMT significance criteria, the analysis and results will be provided for informational purposes only. 4.5.b Packet Pg. 114 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-15 11/8/2017 Impacts and Mitigations Kimley-Horn will identify locations and facilities that are impacted by implementation of the project and make recommendations for improvements to mitigate project impacts. Mitigation improvements could include, but are not limited to, street widening, lane additions, TDMs, intersection configuration changes, safety improvements, new traffic signals, turning lanes, channelization, traffic control devices and adaptive traffic signal. Such improvements will be considered, evaluated and recommended when determined necessary by accepted professional engineering standards and practices. Fair share portions will be calculated as needed. Congestion Management Agency Assessment A separate analysis of regional roadways will be conducted to comply with requirements of the Alameda County Congestion Management Agency (ACCMA). The ACCMA requires the analysis of project impacts to Metropolitan Transportation System (MTS) roadways for development projects that would generate more than 100 PM peak hour trips . The ACCMA requires that the baseline forecasts be represented by the model run completed by the ACCMA. Kimley-Horn will add the project-related traffic directly to the baseline forecasts and compare the net change as a percentage of total traffic. The ACCMA analysis will be based on the 2025 and 2040 forecast years and will evaluate the roadway segments as identified above. Project Alternatives Kimley-Horn will prepare a qualitative analysis of up to three (3) project alternatives. Trip generation will be calculated and compared to that of the project. The potential for the alternatives to reduce the significant impacts of the project will be discussed. Finalize Traffic Impact Analysis Screencheck Draft Traffic Impact Analysis Based on one set of consolidated comments received from the City on the Administrative Draft TIA, Kimley-Horn will prepare a Screencheck Draft TIA. This scope of work assumes that no additional analysis or data collection beyond that identified in this scope of work will be required. Final Traffic Impact Analysis Based on one set of consolidated comments received from the City on the Screencheck Draft TIA, Kimley-Horn will prepare the Final TIA. Administrative Draft EIR Kimley-Horn will prepare an Administrative Draft and Screencheck Draft EIR (EIR) for review and comment by the Client in a format in accordance with applicable requirements as described in 4.5.b Packet Pg. 115 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-16 11/8/2017 CEQA Guidelines Sections§15120 through 15132. The approach to each section of the EIR is summarized below. Executive Summary Kimley-Horn will provide an Executive Summary for the Draft EIR including summary of the project, an overview of project impacts, mitigation, levels of significance after mitigation, summary of project alternatives, areas of controversy, and issues to be resolved. The Executive Summary will be presented in a tabular format and will be included in the Screencheck Draft EIR, following Client review of the Administrative Draft EIR. For each significant impact, only the summary title of the mitigation measure will be provided and not the full text of each mitigation measure. This approach will help ensure a manageably- sized Executive Summary and avoid excessive duplication of text. For legal defensibility reasons, the Executive Summary will also include a section summarizing the NOP comments and where they are addressed in the body of the EIR. Introduction and Purpose This section will identify the purpose of the Draft EIR and statutory authority under CEQA, as well as document-scoping procedures, summary of the EIR format, listing of responsible and trustee agencies, and documentation incorporated by reference. The Introduction will describe the project background and purpose; identify the lead agency, and other trustee agency roles, describe the required approvals (including any permit requirements); describe the intended uses of the EIR (e.g., compliance with CEQA); and outline the EIR scoping process. The introduction will establish the scope of review of the EIR and identify environmental topics that had been previously evaluated at a sufficient level in prior environmental review and thus would not need to be evaluated again. Final Project Description Kimley-Horn will update/finalize the project description based on NOP and scoping meeting comments and any minor refinements as provided by the Client and/or project applicant. Environmental Analysis Each environmental section in the Draft EIR will include sections for existing setting, thresholds of significance, an analysis of project-related impacts, and mitigation measures to avoid or reduce significant impacts. Thresholds will be based on the State CEQA Guidelines, as well as those identified thresholds of the Client (as the Lead Agency) and relevant thresholds from Responsible and/or Trustee Agencies (e.g. Caltrans). 4.5.b Packet Pg. 116 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-17 11/8/2017 Each resource section of the EIR will include a summary of applicable regulations and relevant general plan policies that could avoid or reduce significant environmental impacts . Kimley-Horn will ensure that thresholds of significance are acceptable to Client staff before beginning the environmental analysis. Aesthetics The project has the potential to substantially alter the existing visual character of the project site and views of the area from public roadways that surround the project site through build out of the project. The aesthetics section of the Draft EIR will identify the visual characteristics of the project site and surrounding area. Kimley-Horn will describe the existing aesthetic environment and visual resources, including a discussion of views within the project site and views from surrounding areas, particularly from the adjacent uses, utilizing pictures and information from a site reconnaissance of the project site and surrounding area and inf ormation from the project. Kimley-Horn will work with the Client to identify up to four visual simulation viewpoints . The project applicant will be responsible for providing the simulations that will be used for evaluation and incorporated as figures into the Draft EIR. This section will evaluate the following: ▪ Description of existing views to and from the project site will be provided with an emphasis on views from public roadways. ▪ Evaluation of the alteration in views of the project site to and from these public viewing areas. ▪ Evaluation of the project for the potential to introduce substantial new night-time lighting or create new sources of glare that could affect surrounding land uses. ▪ Evaluation of General Plan and EDSP policies related to aesthetics that are relevant to the project. ▪ Identification of mitigation measures determined to be appropriate and those determined to be feasible for implementation. Air Quality / GHG Emissions Kimley-Horn will utilize the air quality and GHG emissions technical studies prepared by Michael Baker to prepare this section. The findings will be summarized consistent with CEQA Appendix G requirements and supporting documentation provides as an appendix to the Draft EIR. Biological Resources This section will be prepared utilizing the technical reports as prepared by WRA, Inc. It will evaluate the project actions relative to existing biological resources, evaluate the proposed 4.5.b Packet Pg. 117 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-18 11/8/2017 impacts to sensitive biological resources and identify measures to avoid or reduce impacts. Potential direct and indirect impacts from the project(s) will be identified. Cultural Resources The project site is undeveloped land that may contain undiscovered cultural resources (e.g. artifacts, fossils, etc.). This section will utilize the East Dublin Specific Plan EIR as the basis for this analysis. Updated Sacred Lands Request from the NAHC will be incorporated. The section will analyze the potential project impacts to any resources found onsite, including any potential sites important to Native American history and early European settlements. Potential impacts to cultural resources due to the extension of offsite infrastructure (e.g., bridges, water lines, etc.) will also be evaluated. Appropriate mitigation measures will be developed for any cultural resource sites found to occur within the project area. This section will also address the requirements of Assembly Bill 52 regarding Tribal Cultural Resources. This scope of work assumes that the Client will be responsible for all consultation outreach. Geology & Soils This section will be prepared utilizing the applicant-provided preliminary geotechnical report as the basis for evaluating impacts associated with geology, soils and seismicity. Utilizing the applicant-provided geotechnical report, Kimley-Horn will describe the seismicity of the area and the potential for liquefaction, subsidence and similar effects, as applicable . This section will include information associated with the regional and site-specific geology and soils constraints and existing topography. Specifically, this section will: ▪ Discuss potential project impacts including areas potentially subject to significant grading impacts, seismic hazards, landform modifications, and wind and/or slope water erosion to the extent feasible. ▪ Discuss the project consistency with the grading standards/policies. In addition, mitigation measures will be discussed to reduce impacts associated with the project. ▪ Describe the potential geotechnical and geologic hazards that may be present including, but not limited to, liquefaction, settlement, compression, subsidence, erosion, expansive soils, collapsible soils, inundation, naturally occurring asbestos, and existing fills. Should a potentially significant impacts(s) be identified, Kimley-Horn will recommend mitigation measures to reduce these impacts to the extent feasible. 4.5.b Packet Pg. 118 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-19 11/8/2017 Hazards & Hazardous Materials This section will utilize the applicant-prepared Phase I/II ESAs to assess the potential presence of hazardous materials within the project site. This section will examine the project site’s environmental condition and the chemicals of potential concern (COPCs). Using the Phase I/II ESAs, Kimley-Horn will address hazardous environmental issues, if any, and mitigation measures that may be appropriate to support the significance thresholds. The project site is within the Livermore Airport Influence Area . The EIR will discuss the relevant policies of the Airport Land Use Compatibility Plan (ALUP) regarding land uses and will confirm consistency with ALUP policies and regulations regarding land use, height restrictions, etc. Should a potentially significant impacts(s) be identified, Kimley-Horn will recommend mitigation measures to reduce these impacts to the extent feasible. Hydrology & Water Quality The project contemplates future development activities that would involve construction and operation activities that have the potential to create polluted runoff, increase impervious surface coverage, and create downstream drainage problems. Kimley-Horn will review applicant-provided project drainage and storm water quality plans for the Stage II submittal (mid-January) as the basis for assessing impacts to hydrology and water quality. We will also utilize the California Department of Water Resources Bulletin 118, the San Francisco Bay Regional Water Quality Control Board Basin Plan, the City of Dublin General Plan, and the County of Alameda General Plan. Kimley-Horn will describe the hydrological setting, including its location within the regional watershed system and describe the potential urban water pollutant types and their sources. This will include assessment of flood hazards and determination of 100-year flood zones, if applicable. Information sources will include published flood maps, the U.S. Geological Survey, and the California Department of Water Resources. The hydrology and water quality impact analysis will address short-term temporary construction-related effects on hydrology and water quality; long-term project-related water quality; permanent changes to stormwater drainage and/or flooding; project-related impacts to groundwater quantity and quality; and cumulative on-site and off-site hydrology and water quality impacts. Applicable federal, state, and local regulations for stormwater drainage, grading and erosion control, and other water quality protection procedures will be described . Kimley-Horn will discuss potential flooding hazards, general management practices, and mitigation measures to reduce the effects of storm water runoff. 4.5.b Packet Pg. 119 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-20 11/8/2017 Kimley-Horn will summarize the groundwater conditions in the project area and discuss the use of groundwater, trends, and general aquifer conditions. This effort will rely on existing sources and will not include water quality testing, or field verification of stream conditions. Significant impacts could relate to increased rate and volume of runoff from impervious surfaces, erosion and sedimentation, and transport of urban contaminants. Completion of this section will include the following: ▪ Describe surface drainage patterns of the project area and adjoining areas. ▪ Summarize the drainage network of the project area, including information on channel conditions, culvert locations and sizing, and capacity of existing drainage facilities to pass flows. This will include identification of flood hazards in the project area. ▪ Identify applicable City of Dublin and state policies, programs, and standards associated with storm water detention and water resources. Analyze pre- and post-development runoff and detention basin size(s) and location(s). It is anticipated that increases in storm water drainage resulting from construction of the project would be mitigated through detention and/or retention of storm water flows onsite . The section will also discuss other Best Management Practices for mitigation of any significant impacts associated with water quality. Should a potentially significant impacts(s) be identified, Kimley-Horn will recommend mitigation measures to reduce these impacts to the extent feasible Land Use & Planning The project would involve a General Plan Amendment and an amendment to t he Eastern Dublin Specific Plan. Entitlements will include: a) Eastern Dublin Specific Plan Amendment consistent with the proposed General Plan Amendment; b) Planned Development Rezone with related Stage 1 and Stage 2 Development Plans; c) Tentative Map; and d) Site Development Review Permit. This section of the EIR will evaluate potential impacts related to land use in the project area that could result from implementation of the project. Existing land uses in the immediate vicinity of the project site will be described . This section will also analyze the distribution, location, and extent of proposed land uses, and analysis of the project with respect to logical growth patterns, compatibility, and contiguity with development in surrounding areas. General Plan Consistency Analysis Kimley-Horn will analyze the project for consistency with the City of Dublin General Plan. Consistency with key General Plan and Specific Plan goals and policies will be provided in a table format. Additionally, the proposed uses infrastructure improvements will be assessed in accordance with the development standards set forth in the General Plan and Municipal Code . 4.5.b Packet Pg. 120 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-21 11/8/2017 The project's consistency and potential impacts with surrounding land uses will be addressed and mitigation or project modifications will be suggested to a void or minimize any conflicts. Noise & Vibration This section will be prepared utilizing the relevant technical studies as prepared by Michael Baker International, as a subconsultant to Kimley-Horn. It will also include coordination with the applicant regarding noise-attenuating design features. The project contemplates construction and operational activities that could potentially expose surrounding land uses to excessive noise and vibration levels. The analysis will discuss temporary construction-related impacts as well as impacts during project operations. This section will contain a characterization of current average sound levels at the project site, as well as a review and description of the noise exposure standards related to existing surrounding land uses, including single-family residential development in relation to the standards defined by the General Plan and applicable state standards for noise exposure. Project consistency with applicable General Plan and EDSP policies will also be addressed to analyze the compatibility of the project residential uses with the surrounding land uses and noise sources. Additional information will include a definition of acoustical terminology. The EIR will identify mitigation measures determined to be appropriate and those determined to be feasible for implementation for each individual proposed land use, as applicable. Population & Housing This section will discuss the existing population and housing conditions within the City of Dublin and the project’s consistency with the adopted regional or local projections from the Association of Bay Area Governments (ABAG). The impact analysis will address how the project will contribute to population growth in the City of Dublin in comparison to ABAG projections. The environmental impacts of the increased population and housing (e.g. air quality, noise, utilities, etc.) will be addressed in their respective technical sections in the EIR. Public Services This section of the EIR will evaluate the impact of the project on: ▪ Fire Protection/ Emergency Medical Services ▪ Police Protection ▪ Schools ▪ Parks and Recreation 4.5.b Packet Pg. 121 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-22 11/8/2017 Kimley-Horn will evaluate impacts on public service providers and evaluate the project's impacts in terms of the need to construct new or expanded existing facilities, acquire additional supplies, generate effluent that exceeds the permitted capacity, etc. Project-related demand for facilities and services will be estimated and compared against existing capacity and proposed future capacity associated with intensification within and around the project area. Impacts will be based on whether any new public services or facilities would be needed and if construction of such facilities could generate significant impacts based on established Client or service-provider thresholds. Kimley-Horn will: ▪ Contact service providers to determine existing service levels in the project area, including documentation regarding existing staff levels, equipment and facilities, and planned service expansions. ▪ Discuss project impacts on local school districts including the Dublin Unified School District. Incorporate information from school district demographics study (if available). Discuss the need for new school sites within the community and/or project area and what provisions to accommodate additional schools. ▪ Describe City of Dublin policies, programs, and standards associated with the provision of public services. Transportation and Circulation The project will generate new trips, alter traffic circulation patterns, create a need for roadway improvements and increase the use of public transit, bicycle, and pedestrian modes of transportation. To create better efficiencies and streamline the review process, the traffic impact analysis will be prepared as a section of the EIR. Supporting technical data will be included as an appendix to the EIR. As such, there will not be a separate, stand-alone traffic impact analysis. The EIR will address the project specific and cumulative effects of the project in co mbination with other projects. Utilities & Service Systems Kimley-Horn will use the Water Supply Assessment [WSA] and Utility Analysis as prepared by the Dublin San Ramon Services District (DSRSD) to evaluate the adequacy of existing infrastructure, anticipated utility loads (e.g., water demand, sewage generation, etc.), and similar topics. This section of the EIR will address water supply (potable and recycled), wastewater, electricity, natural gas, and communications. Project-related demand for facilities and services will be 4.5.b Packet Pg. 122 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-23 11/8/2017 estimated and compared against existing capacity and proposed future capacity associated with the project. Service demand will be evaluated for each utility and service . Potential impacts to these utilities and service systems will be addressed and any impacts will be based on adequacy of water supply under near and long-term conditions and whether any new facilities would be needed and if construction of such facilities could generate significant impacts. Kimley-Horn’s description of the proposed infrastructure systems and any impacts upon them or resulting from them will be based on the infrastructure plans and any supporting technical studies as provided by the project applicant and DSRSD. Kimley-Horn will coordinate with the Client and DSRSD to document existing and planned facilities, current and projected usages, and excess capacities. Additional infrastructure and services capacity required to meet project needs associated with the project will be described. Anticipated impacts will be assessed based upon a comparison of the increased demand for services and utilities and the ability of the city and other utility districts to accommodate this increased demand. Cumulative Impacts Consistent with Section 15130 of the CEQA Guidelines, Kimley-Horn will discuss cumulative impacts of the project when the project’s incremental effect is cumulatively considerable . The analysis shall be conducted using either a “list of past, present and probable future projects producing related or cumulative impacts” or “a summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document that has been adopted or certified which described or evaluated regional or area wide conditions contributing to the cumulative impact.” If using the “list” approach, Kimley-Horn shall identify region of influence for each issue area being analyzed. Assumptions will be coordinated with the cumulative traffic analysis and with the assumptions of other projects in the vicinity to ensure consistency. This analysis will address each topic covered in the EIR environmental analysis and will identify appropriate mitigation measures that may reduce any potentially significant cumulative impacts to a less than significant level. Alternatives to the Project Pursuant to CEQA Guidelines Section 15126.6, the EIR will evaluate a range of feasible alternatives to the project. One of the alternatives will be the CEQA-mandate, “No Project Alternative. Kimley-Horn will evaluate up to three (3) additional alternative, likely consisting of a combination of a reduction in project site and alternative uses. In addition, the Alternative section will address the feasibility of an alternative location and any alternatives that were initially considered by rejected from further consideration. 4.5.b Packet Pg. 123 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-24 11/8/2017 Kimley-Horn will prepare a qualitative analysis of impacts from each alternative with respect to each environmental analysis topic covered in the EIR, and provide quantitative and comparative analysis where data is available (in accordance with recent case law and CEQA Guidelines Section 15126.6(d)). The environmentally superior alternative will be identified. Other CEQA Considerations Effects Not Found to be Significant CEQA Guidelines Section 15143 establishes that EIRs shall focus on significant impacts on the environment and need not discuss in detail effects that are clearly insignificant or unlikely to occur. This section will discuss impacts to resources not found to be significant. It is anticipated that the following issues will be briefly addressed in this section: ▪ Agricultural and Forestry Resources ▪ Mineral Resources Significant Environmental Effects Which Cannot be Avoided if the Project is Implemented Impacts that are both significant and unavoidable will be identified. These will be determined based on the analysis in the EIR and thresholds of significance established in the EIR or by regulatory agencies. Should there be significant unavoidable adverse impacts, these will need to be addressed in a Statement of Overriding Considerations. Significant Irreversible Environmental Changes Which Would be Caused by the Project Should it be Implemented This section will summarize the major changes to the environment that would result from development and occupation of the project. It will focus on the physical environmental changes in the project setting such as those caused by grading and paving, the level of commitments to use of non-renewable resources represented by the project, and potential for secondary impacts that may place additional burdens on non-renewable resources. Growth Inducing Effects Per CEQA Section 15126.2(d), Kimley-Horn will provide a Growth Inducing Effects discussion in the EIR. Kimley-Horn will work with the Client to establish the anticipated growth conditions in the project area and parameters for consideration of any secondary impacts from growth . Kimley-Horn will evaluate the potential for the project to generate additional growth in the area using standard growth analysis criteria, such as the project’s potential to foster economic or population growth or its potential to remove obstacles to population growth through extension of infrastructure. 4.5.b Packet Pg. 124 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-25 11/8/2017 References and List of Preparers This section will provide a list of references for citations found in the body of the EIR. In addition, this section will also identify all federal, state, or local agencies, other organizations and private individuals consulted in preparing the Draft EIR, and the persons, firm, or agency preparing the draft EIR, by contract or other authorizations (per CEQA Section 15129). Document Collation and QA/QC Editing Kimley-Horn will assemble all completed sections into a single consolidated Administrative Draft EIR submittal (ADEIR) with appendices. The ADEIR will include figures to enhance the written text and clarify the project’s environmental impacts. The entire document will be reviewed to ensure consistent references to terms, methodology of analysis, and correct use of grammar. The Administrative Draft EIR will be sent to the Client for review and comment. Public Review Draft EIR 2nd Administrative Draft EIR Based on and review by city staff and the City Attorney, Kimley-Horn will prepare a second Administrative Draft EIR. All revisions will be shown in track changes for ease of review. Screencheck Draft EIR Following internal review of the second ADEIR, Kimley-Horn will revise the document based on comments received by city staff and the City Attorney and provide a track-changes screencheck document for Client review. This will consist of responding to Client comments on the ADEIR requiring a mixture of substantive corrections and editing, but no new technical studies or site - specific data collection. Revisions to the technical appendices are not anticipated. Public Review Draft EIR Based on comments received by the Client on the Screencheck Draft EIR, Kimley-Horn will prepare the Public Review Draft EIR. Revisions are assumed to be limited to editorial and formatting changes. This scope of work assumes that the Client will be responsible for preparing the Notice of Completion (NOC) and Notice of Availability (NOA) and distribution of the Draft EIR to the State Clearinghouse and to other public agencies and interested parties. 4.5.b Packet Pg. 125 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-26 11/8/2017 Certification of the Environmental Impact Report Administrative Final EIR Kimley-Horn will meet and/or coordinate with the Client to review written comments on the Public Review Draft EIR; and develop a strategy and framework for r esponding to comments. Given the fact that Kimley-Horn does not know how many comment letters will be received, this scope includes an initial estimate of time in the project budget . Once all comments are received, Kimley-Horn will review and discuss any modifications to the budget estimate with the Client. If the volume or complexity of comments requires more hours than identified to respond to comments, Kimley-Horn will request authorization from the City for additional budget. Kimley-Horn will prepare an Administrative Final EIR in accordance with the applicable requirements contained in CEQA Guidelines Sections 15088 and 15089 . The Administrative Final EIR will list all agencies, organizations, and individuals who submitted written comments on the Draft EIR during the public review period and provide written responses to those comments. To enhance readability and avoid redundancy, Kimley-Horn will use Master Responses to address frequent and reoccurring comments on the Draft EIR's analysis . Additionally, the Administrative Final EIR will contain Errata, which will document minor changes to the Draft EIR text in strikeout-underline format. The introduction to the AFEIR will document compliance with all CEQA Statutes and Guidelines throughout the CEQA process. It will also provide an index of all changes made to the Draft EIR in response to comments received. The comments and responses will comprise the second section of the AFEIR, where each comment letter will be reproduced and specific responses to each comment will be provided. The third section of the AFEIR will present those pages of the Draft EIR on which changes were made in response to the comments using underlined text for additions and strikeout text for deletions. Screencheck and Final EIR Kimley-Horn will respond to Client comments on the Administrative Final EIR, complete necessary revisions, and prepare the screencheck and Final EIR. Per Client direction, the Final EIR will be either: 1) A single, complete document with the complete revised text of the Draft EIR, indicating changes, or 2) A reprinting of only those pages from the Draft EIR on which changes were made, with the changes tracked with underlining and strikethrough, as appropriate. Notice of Determination Kimley-Horn will prepare the Notice of Determination and provide it to City staff for filing with the Alameda County Clerk's Office within 5 business days of EIR certification. Kimley-Horn will not be responsible for paying the associated filing fees. 4.5.b Packet Pg. 126 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-27 11/8/2017 Mitigation Monitoring and Reporting Program To comply with the CEQA Guidelines Section 21081.6, Kimley-Horn will prepare a Mitigation Monitoring and Reporting Program (MMRP) for concurrent review with the AFEIR. Kimley-Horn will work with the Client to identify appropriate monitoring steps/procedures and to provide a basis for monitoring such measures during and upon project implementation . The MMRP will be created in a tabular checklist format that indicates those mitigation measures identified in the EIR, the monitoring milestone (at what agency/department responsible for verifying implementation of the measure), and the method of verification (such as documentation or field checks,). The MMRP will be prepared pursuant to Public Resources Code Section 21081.6. For each mitigation measure contained in the EIR, the MMRP will identify: the party or parties responsible for implementation (individuals, departments); timeframe and mechanism for monitoring; funding source(s); and monitoring and performance criteria (to measure success of mitigation). The MMRP will be bound separately for use as an independent document for field verification of adequate implementation of mitigation measures and any remedial action necessary to achieve adequate mitigation. To the extent feasible, Kimley-Horn will tie mitigation measures directly to required authorizations (e.g., grading and building permits, PUD, etc.). Revisions will be made to the MMRP as directed by the Client following internal review of the AFEIR. Meetings and Project Management Meetings This task assumes attendance by Kimley-Horn staff at the following meetings: ▪ Project kick-off meeting (1) ▪ Public Scoping meeting (1) ▪ Client coordination meetings (4) ▪ Traffic coordination meetings (3) ▪ Planning Commission Study Sessions (2) ▪ Planning Commission meeting (1) ▪ Council meeting (1) This scope of work assumes that Kimley-Horn’s role at the public meetings will be to provide support to the Client in answering questions and providing general guidance and recommendations. Kimley-Horn will not be responsible for providing presentation materials. Attendance at public meetings/hearings assumes preparation of one PowerPoint presentation. 4.5.b Packet Pg. 127 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-28 11/8/2017 Project Management In addition to the research, analysis, communications, and report writing tasks described abo ve, Kimley-Horn will perform a project management duties to ensure that the EIR meets the Client’s standards of quality, and that it is delivered on time and within budget . These duties will include team supervision and coordination, oral and written communications with Client staff, project accounting, and quality assurance review by Kimley-Horn and the technical editor for all deliverable products. Project Deliverables Kimley-Horn will provide hard copies of the following project deliverables to the Client: ▪ Draft Project Description and EIR outline ▪ Transportation Assumptions Memo ▪ 1st Administrative Draft EIR – 4 copies ▪ 2nd Administrative Draft EIR – 4 copies ▪ Screencheck Draft EIR– electronic only ▪ Public Review Draft EIR – 7 copies ▪ Public Review Draft EIR Technical Appendices (for web posting) ▪ Administrative Draft Final EIR – 4 copies ▪ Screencheck Administrative Draft Final EIR – electronic only ▪ Final EIR – 7 copies In addition, Kimley Horn will provide an electronic, internet-ready version of the Draft and Final EIR for web posting as follows: ▪ Text will be provided in PDF format using Adobe Acrobat. Chapters will be separated into individual PDF files with figures provided at the end of each chapter. ▪ A Table of Contents will be provided in PDF format, which includes relative links (not absolute links) to each section in the document. ▪ The electronic, internet-ready versions of the DEIR and FEIR will be posted to an electronic file-sharing web site (i.e. ShareFile) for Client download in “ready to post” format. Project Budget The project budget is shown at the end of this section. 4.5.b Packet Pg. 128 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-29 11/8/2017 Project Schedule Task End Date 2017 City Council – Kimley Horn contract approved November 21 2018 Public release of NOP Mid-January Public Scoping Meeting Mid-February Public Review Draft EIR Mid-June End of 45-day comment period on Draft EIR Early August Public Review of Final EIR and MMRP Early October Public Hearings October - December Notice of Determination W/in 5 days of project approval 4.5.b Packet Pg. 129 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-30 11/8/2017 Project Assumption In addition to any assumptions noted above, the scope and associated costs are based on the following assumptions: General 1. The cost estimate includes meetings described in this scope of work. Additional meetings will be billed on a time and materials basis. 2. The Client will provide Kimley-Horn will all technical materials, maps, project plans, GIS data, etc. as they become available. This scope of work assumes that all project plans and supporting technical studies to be prepared outside of this scope of work will be provided prior to preparation of any project deliverables and that no further modification to the data will be required. 3. No new technical analysis or preparation of technical reports will be required, other than those identified in this scope of work. 4. All technical studies provided to Kimley-Horn are assumed to be technically accurate and not require peer review by a technical expert. Unless specifically stated otherwise, Kimley-Horn’s review of these technical studies will be limited to an assessment of their completeness necessary to prepare the work products identified in this scope of work. 5. Deliverables will be submitted to the Client in electronic (PDF) format and source files, except for printed copies as identified in this scope of work. 6. Client will act as a clearinghouse for comments on all administrative draft documents and will provide Kimley-Horn with a single, internally reconciled set of comments for each submitted draft document. 7. There will be a single round of review and revision to all draft document deliverables. If Client feels that additional reviews are necessary, a contract amendment for additional work may be necessary, depending on the nature and circumstances associated with the additional changes (e.g. changes to the project description, additional technical analysis required, etc.). These changes can be characterized as being outside of the control or knowledge of Kimley-Horn and would not be considered reasonable from the standpoint of professional standards of service and appropriate due diligence. 8. Revisions to screencheck documents will focus on typographical errors, formatting issues, and other minor edits. Such revisions will not include substantive content changes from the Client. Edits other than typographical and formatting may require discussion. 9. The Client will be responsible for the preparation and distribution of all public notices and publications (e.g. web, newspaper) unless otherwise noted in this scope of work. 10. The project budget is based on completion of work within an agreed upon schedule. If substantial delay occurs, an amendment of the budget may be warranted to accommodate additional project management time and other costs . Substantial delay is normally defined as 90 calendar days or more. 4.5.b Packet Pg. 130 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-31 11/8/2017 11. This project includes an allowance for printing as shown in the attached budget . This is an allowance only, based on the numbers of products and copies shown in this scope of work. If this allowance is exceeded, additional printing costs will be bil led at Kimley- Horn’s direct cost. 12. The Client will be responsible for meeting logistics, including schedule coordination, public outreach, document production, printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments. 13. If applicable, the Client will be responsible for identifying and communicating with all stakeholders including on-going scheduling and coordination and distribution of all materials. 14. Project schedule assumes timely review by the Client (no more than 15 working days) for all product deliverables. Outside review by the applicant or their representative(s) or Client designee; including legal review separate from Client staff, shall result in a modification to the project schedule. 15. Kimley-Horn retains the right to make modifications to this scope of work based on changes to the project, change in regulatory requirements, or other factors outside of Kimley-Horn’s control, and reasonably deemed acceptable by the Client. 16. Kimley-Horn retains the right to transfer budget allocations between tasks to support completion of the work products, as needed, as long as the total budget is not exceeded. Shifts in task budget allocation will be at the discretion of Kimley-Horn’s Project Manager. 17. The project budget is a fixed-fee, unless where otherwise noted, and is subject to the contract requirements as agreed to between Kimley-Horn and the Client. CEQA Documents 18. The project schedule assumes that all architectural and engineering plans, as well as any technical studies required to prepare the project description will be provided to the Consultant within 30 calendar days of the execution of contract. A list of information needs will be provided at the project kick-off meeting and refinements to the list submitted within two weeks, based on review of received information. Furthermore, Kimley-Horn assumes that all technical studies required by the project applicant to address the respective environmental resource section(s) are provided at least two (2) months prior to release of the Public Review Draft EIR and that no further modifications, refinements or additions to the information will be required. Failure to meet these deliverables on the part of the applicant, and/or their consultants may result in a delay to the project schedule. 19. Because the extent of public and agency comments received on CEQA documents (e.g. Draft EIR) is unknown, the proposed budget includes a preliminary budget estimate of time to respond to comments. Kimley-Horn will consult with the Client after the evaluation of the comments to determine if the preliminarily budget estimate is sufficient. 4.5.b Packet Pg. 131 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin Project EIR Scope of Work | Page 2-32 11/8/2017 20. Once the project description, baseline and alternatives are approved by the Client for analysis in the CEQA document, it is assumed that they will not change significantly thereafter. If changes requiring revisions to the CEQA document occur, an amendment of the budget may be warranted. 21. The project applicant will provide various technical reports (as noted) that will be used as supporting background information. This scope of work assumes that these reports will be sufficient in their accuracy and comprehensive in their level of detail sufficient for preparing the CEQA analysis. Kimley-Horn, and our sub-consultants (where applicable), will review the first draft of these documents. Should it be found that the information presented is not adequate (at the discretion of Kimley-Horn and the Client), and that additional substantive revisions are required, Kimley-Horn reserves the right to request additional compensation on a time and materials basis, per prior approval by the Client. 22. The CEQA statutes or guidelines may change during the course of this project, or legal decisions can alter the extent of the analysis needed . If amendments or decisions redoing work already performed or substantially increasing effort, a contract amendment may be warranted. 4.5.b Packet Pg. 132 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin EIR Fee Estimate TASKS 1.0 $17,050 Project Kick‐off Coordination Research and Investigation EIR Outline Draft Project Description Notice of Preparation Preparation for Public Scoping Meeting 2.0 $133,440 Geotechnical Study Peer Review Phase I/II ESA(s) Peer Review Biological Resources Assessment Peer Review Jurisdictional Wetland Delineation Report Peer Review Rare Plant Survey and Mapping Peer Review Air Quality Analysis Peer Review GHG Peer Review Noise Peer Review Energy Peer Review Traffic Impact Analysis 3.0 $79,100 Executive Summary Introduction and Purpose Final Project Description Environmental Analysis Aesthetics Air Quality / GHG Emissions / Energy Biological Resources Cultural Resources Geology & Soils Hazards and Hazardous Materials Hydrology & Water Quality Land Use and Planning General Plan Consistency Analysis Noise & Vibration Population and Housing Public Services Traffic & Circulation Utilities & Service Systems Cumulative Impacts Alternatives Other CEQA Considerations Document Collation and QA/QC Editing PROFESSIONAL FEES FOR PLANNING CONSULTING SERVICES Project Initiation Admin Draft EIR Peer Review and Preparation of Technical Studies Kimley‐Horn Associates, Inc. 11/8/2017 4.5.b Packet Pg. 133 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) At Dublin EIR Fee Estimate PROFESSIONAL FEES FOR PLANNING CONSULTING SERVICES 4.0 $42,000 2nd Administrative Draft EIR Screencheck Draft EIR Public Review Draft EIR 5.0 $41,460 Administrative Final EIR Screencheck Final EIR Final EIR Notice of Determination Mitigation Monitoring and Reporting Program 7.0 $55,270 Project Kick‐off Meeting Public Scoping Meeting Client Coordination Meetings (4) Traffic Coordination Meetings (3) Planning Commission Study Sessions (2) Planning Commission Meeting (incl. prep.) City Council Meeting (incl. prep.) Project Team Conference Calls On‐going Project Management Subtotal Hours Subtotal ‐ Labor Cost $368,320 $87,737 Direct Expenses (printing, travel etc.) Indirect Expenses (5% of labor) Subconsultants WRA Inc. Michael Baker International Traffic Counts $456,057 Optional Tasks WRA ‐ Wetlands Delineation $7,800 10 % Contingency $45,606 Total with Contingency $501,663 Subconsultants and Expenses Total Labor & Expenses Note: All work will be performed at a "Not to exceed" fixed fee with the exception of meetings. KHA will receive payment on a percentage basis using milestones. The project director reserves the right to make adjustments to staff allocations as necessary within the overall budget. See scope of work for additional project assumptions. Reimbursable expenses include, but are not limited to report reproduction, postage and handling of drawings and documents, long distance communications, fees paid to authorities having jurisdiction over the project, and travel expenses. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate. Fees for employee rates, sub‐consultant expenses, reimbursable expenses, and Kimley‐Horn reproductions shall be billed to the Client on a percentage of completion or on an as‐performed basis as agreed by the parties. Clients shall reimburse Kimley‐Horn for incidental expenses incurred by Kimley‐Horn, or any sub‐consultant they may hire in the interest of this Agreement, at actual cost plus 10% to cover our overhead and administrative expenses. Meetings & Project Management Public Review Draft EIR Certification of the EIR Kimley‐Horn Associates, Inc. 11/8/2017 4.5.b Packet Pg. 134 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( A t D u b l i n E I R S c o p e o f W o r k T a s k O r d e r ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Amendment to Legal Services Agreement and Appointment of Assistant City Attorney Prepared by: Christopher L. Foss, City Manager EXECUTIVE SUMMARY: Meyers Nave, the law firm that has served as Dublin’s City Attorney since the City’s incorporation in 1982, has requested that the City Council consider the restated and amended legal services agreement between the City and Meyers Nave. Consistent with the terms of the amended legal services agreement, the City Attorney is proposing that the City Council appoint Lauren Quint, an associate at Meyers Nave, as Assistant City Attorney. STAFF RECOMMENDATION: Approve the Agreement for Legal Services with Meyers Nave and appoint Lauren Quint as Assistant City Attorney. FINANCIAL IMPACT: The proposed agreement for legal services would increase the hourly rates as follows: General: $245 per hour to $255 per hour Litigation: $295 per hour to $305 per hour Reimbursable: $275-$385 per hour to $280-$395 per hour DESCRIPTION: The City of Dublin has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for legal services since the City’s incorporation in 1982. The current agreement for services has been amended seven times since 2008 and was last amended effective September 1, 2016 (Attachment 1 with all amendments). The City Council retained the services of a law firm to review the services provided by Meyers Nave. The review concluded that the services provided are economically consistent with standards in the Bay Area. 4.6 Packet Pg. 135 Page 2 of 2 In the course of the evaluation, Meyers Nave and the City Council agreed to the following changes to the agreement: 1. City Attorney shall propose another attorney from Meyers Nave to serve as Assistant City Attorney (subject to appointment by the City Council). 2. Establishment of office hours at City Offices (not to exceed 14 hours per week). 3. City shall have the right to retain counsel other than Meyers Nave in particular matters. 4. The proposed agreement shall supersede the Agreement for Legal Services dated January 15, 2008, as amended. Attachment 2 is the Amended and Restated Agreement for Legal Services dated November 1, 2017. The proposed amendment would be effective as of November 1, 2017. Consistent with the terms of the new agreement, the City Attorney is requesting that Lauren Quint be appointed as the Assistant City Attorney. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Original Agreement and Amendments to Legal Services 2. Amended and Restated Agreement for Legal Services 4.6 Packet Pg. 136 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, CityManager SUBJECT: AmendmenttoLegal Services Prepared by: ChristopherL. Foss, City Manager EXECUTIVE SUMMARY: Meyers Nave, the law firmthat has served as Dublin's CityAttorney since its incorporation, has requested that theCityCouncilconsider amending its legal services agreementwith the City to increase the hourly rates for general legal services, litigation services, and reimbursablethird-party services. STAFF RECOMMENDATION: Staff recommendsthat the CityCouncil approve the SixthAmendment to Agreement for LegalServices and authorize Mayor to execute thesame. FINANCIALIMPACT: The proposed amendment to the agreement for legalserviceswouldincrease the hourly rates as follows: General Legal Services $235 per hour to $245 per hour Litigation Services $280 per hour to $295 per hour Reimbursable Legal Services Range $260 - $365perhourto Range $275 - $385perhour DESCRIPTION: TheCity has contracted with Meyers, Nave, Riback, Silver & Wilson (or its predecessors) for legal services since the City’s incorporation in 1982. The current agreement for legal services is dated January 15, 2008 (Atta chment 1), and has been amended on July 1, 2008 (Attachment2), on July 1, 2011 (Attachment 3), on July 1, 2012 (Attachment 4), on July 1, 2013 (Attachment 5), and on March 3, 2015 Attachment 6). Meyers Nave has requested that theCityCouncilconsider t he following changes to the agreement: 4.6.a Packet Pg. 137 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Page 2 of 2 GeneralLegal Services $235 per hour to $245per hour (increase of 4.26%) LitigationServices $280 per hour to $295per hour (increase of 5.36%) ReimbursableLegalServicesRange $260 - $365 perhour to Range $275 - $385 perhour (increase rangefrom 4.69% - 5.77%) Attachment 7 is a proposed Sixth Amendment to the Agreement for LegalServices. The only changesfromthecurrentagreement are outlinedabove. The proposedamendmentwould be effective as of September 1, 2016. NOTICINGREQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. LegalServices Agreement datedJanuary 15, 2008 2. FirstAmendmentto Legal ServicesAgreement, dated July 1, 2008 3. Second Amendment to LegalServices Agreement, dated July 1, 2011 4. Third Amendment to LegalServices Agreement, dated July 1, 2012 5. Fourth Amendment toLegal Services Agreement, datedJuly 1, 2013 6. Fifth Amendment toLegalServicesAgreement, datedMarch 1, 2015 7. Proposed Sixth Amendment to Legal ServicesAgreement, datedSeptember 1, 2016 4.6.a Packet Pg. 138 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered Into as of January 15, 2008, by and between the CITY OF DUBLIN a Municipal Corporation in the State of California hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK SILVER & WILSON, a professional law corporation, hereinafter referred to as "MNRSW" WITNESSETH WHEREAS, JOHN D BAKKER is a member of thelaw firm of MNRSW, WHEREAS, CITY and MNRSW areparties to an agreement dated July 1, 1998, entitled Agreementfor Legal Services" and WHEREAS, said "Agreement for Legal Services" has been amended nine times on June 15, 1999, July 1, 2000, July 1, 2001 July 1, 2002, July 1, 2003 July 1, 2004, September 1, 2005July 1 2006 and July 2, 2007 respectively and WHEREAS, the parties desire to makecertain amendments to the "Agreementfor Legal Services," as amended and WHEREAS the purpose of this agreement is to restate the "Agreement for Legal Services" as amended and makecertain changes, and WHEREAS, it is the desire of theparties hereto to enter this agreement and establish the terms and conditions for rendition of legal services to the CITY OF DUBLIN and the compensation therefore, NOW THEREFORE, IT IS MUTUALLY AGREED as follows 1 Appointment of City Attorney CITY herebyretains JOHN D BAKKER hereinafter referred to as "ATTORNEY " as City Attorneyfor the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent thelegal Interests of CITY during the term of this agreement 2 ATTORNEY's Services ATTORNEY shall provide, through his own services and those of such other attorneys of MNRSW ashe shall determine, all legalservicesusually and normallyprovided by city attorneys, and specifically thoseduties and servicesdescribed in Government Code Sections 41801, 41802 41803 and 41803 5 Such services shall include, but not be limited to Legal Services Agreement Page 1 of 4 Between Dublin and MNRSW) 4.6.a Packet Pg. 139 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) a Attendance at City Council and Planning Commission meetings b Preparation of ordinances, resolutions, leases, contracts or other legal documents c Preparation of all findingsdecisions or other documents pertaining to legislative or quasi judicialactions or decisions made by theCity Councilboards, commissions or officers, d Rendering legal advice (bothoral and written) to members of the City Council commissions, boards and to theCity Managerdepartment heads and employees with respect to City matters, e Negotiating and/or renderingadvice with respect to negotiations pertaining to City's contractsleases and memorandaof understanding, f Representing City in litigation and /or arbitration or other judicial, administrativeor quasi - judicial proceedings, g Furnishing legal services for assessmentdistrict or bond proceedings, and h Furnishing legal services for the redevelopment agency, parking authorityor other agenciesorentities which are not operated asan integral part of City, butwhich are or may be created by City as independent agencies 3 Independent Contractor ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices hours supportstaff and other matters except as provided herein 4 Compensation City shall compensate ATTORNEY, throughMNRSW, in the amountof $200 perhourfor all servicesrendered whether by ATTORNEYor by other attorneys associated with MNRSW with the followingexceptions (a) litigation, for which ATTORNEY, throughMNRSW, shall be compensated in the amount of $240per hour for all litigationservicesrendered whether by ATTORNEY orotherattorneys in her firm and (b) work for which the City is reimbursed by third parties, for which ATTORNEY through MNRSW shall be compensated at the rate of $240 per hourfor all services rendered whether by ATTORNEY or other attorneys in her firm MNRSW will also be reimbursed for customary costs and disbursements including deposition and witnessfees court costs, telephone photocopying facsimile charges, computer research on line fees and messenger services ATTORNEY, throughMNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement Legal Services Agreement Page 2 of 4 Between Dublinand MNRSW) 4.6.a Packet Pg. 140 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) 5 No Assignment This Agreement is entered Into by CITY and MNRSW and except as set forthherein the rightsand obligations of ATTORNEY maynot be assignedordelegated to any other attorney of MNRSW without expresswritten consent of the City CouncilThis Agreement is not assignable 6 Insurance ATTORNEY agrees, throughMNRSW, to carry malpracticeinsurance in full force and effect duringthe term of this agreement in an amount not lessthan $200,000 per person and $600,000 per occurrence 7 Insurance ATTORNEY agrees, throughMNRSW to carry malpracticeinsurance in full force and effectduring the term of this agreement in an amount not less than $1,000000 (onemillion dollars) per person and $2,000,000 (two million dollars) per occurrence 8 Annual Review Annually during themonth of February ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm In furnishing the services provided hereunder, and to review the compensationprovisions hereof The parties may agree to changesor amendmentshereto Including, butnot limited to changes In compensationprovisions, which changes or amendments shall be evidenced by written amendment hereto 9 Term This Agreement shall be terminable by CITYat will andby ATTORNEY upon30 days' written notice 10 Effective Date This Agreement shall be effective March 1, 2008 11 Supersession of Prior Agreements This Agreement shall supersede the Agreement for Legal Services datedJuly 1, 1998 as amended Legal Services Agreement Page 3 of 4 Between Dublinand MNRSW) 4.6.a Packet Pg. 141 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) IN WITNESS WHEREOF thepartieshave executed this Agreementfor LegalServicestheday and yearset forth below Dated J 2 fig By or Dated 1046229 1 114 1001 Attest z CITY OF DUBLIN A Municipal Corporation z /I City Clerk MEYERS NAVE, RIBACK, SILVER & WILSON Jayn?/W WiVamsManagingPrincipal Legal Services Agreement Page 4 of 4 BetweenDublin and MNRSW) 4.6.a Packet Pg. 142 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This First Amendment to Agreement for Legal Services is made and entered into as of July 1, 2008, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER & WILSON, hereinafter referred to as "MNRSW ". WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are partiesto an Agreement for Legal Services, dated and entered into as of January 15, 2008; and WHEREAS, it is the desire of the parties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Servicesis amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4isadded, to read as follows: 464. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $205 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of $247 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed bythird parties, for which ATTORNEY, through MNRSW, shall be compensated at therate of $247 per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW. MNRSW will alsobe reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on -line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEYwithin 30 days of such bill or statement." 2. Paragraph 6 is deleted in its entirety and newparagraph 6 is added, toread as follows: First Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 143 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) 6. Intentionally Left Blank." IN WITNESSWHEREOF, the parties haveexecuted this First Amendment to Agreement for Legal Services the day and year set forth below. Dated: '% By: Attest: CITY OF DUBLIN A Municipal Corporation net Lockhart, Mayor J 1A a A City Clerk . C6Q V fN MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: 4711 s / © By: X,. John D. Bakker 1117588.2 First Amendment to Agreement for Legal Services Page2 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 144 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) SECOND AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Second Amendment to Agreement for Legal Services is madeand entered into as of July 1, 2011, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafterreferred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER & WILSON, hereinafterreferred to as "MNRSW ". WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to an Agreement for Legal Services, dated and entered into as of January 15, 2008, and amended as of July 1, 2008; and WHEREAS, it is the desire of the parties hereto to amendthe agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services isamended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 464. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $209 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of $252 per hour for all litigation servicesrendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) workfor which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated atthe rate of $252 per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW. MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on -line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement." IN WITNESSWHEREOF, the parties have executed this Second Amendment to Agreement for Legal Services the day and year set forth below. Second Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 145 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) CITY OF DUBLIN A Municipal Corporation Dated: 27 / / By: Ado Tim Sbranti, Mayor Attest: City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: i 2D i By: D. Bakker 1671300.1 Second Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSV/) 4.6.a Packet Pg. 146 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) r THIRD AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Third Amendment to Agreement for Legal Services is made and entered into as of July 1, 2012, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California,hereinafterreferred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER & WILSON, hereinafter referred to as "MNRSW". WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to an Agreement for Legal Services, dated and entered into as of January 15, 2008, and amended as of July 1, 2008 and July 1, 2011; and WHEREAS, it is the desire of the parties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED thatthe Agreement for Legal Services is amended as follows: 1.Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of$220 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a)litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of$264 per hour for all litigation services rendered whetherby ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the rate of$264 per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW. MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basisand CITY agrees to pay ATTORNEY within 30 days of such bill or statement." IN WITNESS WHEREOF, theparties have executed this Third Amendment to Agreement for Legal Services the day and year set forth below. Third Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 147 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) CITY OF DUBLIN A Municipal Corporation Dated: /0//6//c . By: A`ol Tim Sbranti, Mayor Attest: a„,V 7 P ct City_Clerk MEYERS, NAVE, RIBACK, SILVER& WILSON Dated: /0/ 6A-0 a2 By: D. Bakker 1965960.1 Third Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 148 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) r v FOURTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Fourth Amendment to Agreement for Legal Services is made and entered into as of July 1, 2013, by and between the CITY OF DUBLIN, a MunicipalCorporation in the State of California,hereinafterreferred to as "CITY" and MEYERS,NAVE, RIBACK, SILVER& WILSON, hereinafter referred to as "MNRSW". WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER&WILSON are parties to an Agreement for Legal Services, dated and entered into as of January 15, 2008, and amended as of July 1, 2008, July 1, 2011, and July 1, 2012; and WHEREAS, it is thedesire of the parties hereto to amendthe agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of$225 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of$270 per hour for all litigation services rendered whether by ATTORNEY or byother attorneys associated with MNRSW; and(b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal 350 Principal 310 Senior Associate and Of Counsel $270 Associate 250 MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees andmessenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 Fourth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 149 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) days of such bill or statement." IN WITNESS WHEREOF, the parties have executed this Third Amendment to Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN A Municipal Corporation Dated: Q/9//3 By: Tim Sbranti, Mayor Attest: 67 z /),;( z— City Clerk MEYERS, NAVE, RIBACK, SILVER& WILSON Dated: yl By: II D. Bakker 1965960.1 Fourth Amendment to Agreement for Legal Services Page2 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 150 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) a FIFTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Fifth Amendment to Agreement for Legal Services is made and entered into as of March 1, 2015, by and between the CITY OF DUBLIN, a Municipal Corporationin the State of California, hereinafter referred to as "CITY" and MEYERS, NAVE, RIBACK, SILVER& WILSON, hereinafter referred to as "MNRSW". WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER &WILSON are parties to an Agreement for Legal Services, dated and entered into as of January 15, 2008, and amended as of July 1, 2008, July 1, 2011, July 1, 2012 and July 1, 2013; and WHEREAS, it is the desire of the parties hereto to amendthe agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of$235 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensatedin the amount of$280 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) workfor which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneysassociated with MNRSW: Senior Principal 365 Principal 320 Senior Associate and Of Counsel $280 Associate 260 MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messengerservices. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement." Fifth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 151 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) IN WITNESS WHEREOF, the partieshaveexecuted this Third Amendment to Agreement for Legal Services the day and year set forth below. CITY OF DUBLIN A Municipal Corporation Dated: By:11--- avid Haubert, Mayor Attest: Caroline Soto, City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: o f t i S By:7.0 D. Bakker 2404533.1 Fifth Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) 4.6.a Packet Pg. 152 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Sixth Amendment to Agreement for Legal Services Page 1 of 2 Between Dublin and MNRSW) SIXTH AMENDMENT TO AGREEMENT FOR LEGAL SERVICES This Sixth Amendment to Agreement for Legal Services is made andentered into as of September 1, 2016, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafterreferred to as “CITY” and MEYERS, NAVE, RIBACK, SILVER WILSON, hereinafterreferred to as “MNRSW”. WITNESSETH WHEREAS, CITY and MEYERS, NAVE, RIBACK, SILVER & WILSON are parties to an Agreement for Legal Services, dated andentered into as of January 15, 2008, and amended as of July 1, 2008, July 1, 2011, July 1, 2012, July 1, 2013, and March 1, 2015; and WHEREAS, it is the desire of theparties hereto to amend the agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows: 1. Existing paragraph 4 is deleted and new paragraph 4 is added, to read as follows: 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $245 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in theamount of $295 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $385 Principal $335 Senior Associate and Of Counsel $295 Associate $275 MNRSW will also be reimbursed for customary costsand disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement.” 4.6.a Packet Pg. 153 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Sixth Amendment to Agreement for Legal Services Page 2 of 2 Between Dublin and MNRSW) IN WITNESSWHEREOF, theparties have executed this Sixth Amendment to Agreement for Legal Servicesthe day and year set forth below. CITY OF DUBLIN A Municipal Corporation Dated: By: David Haubert, Mayor Attest: Caroline Soto, City Clerk MEYERS, NAVE, RIBACK, SILVER & WILSON Dated: By: John D. Bakker, Principal 2700364.1 4.6.a Packet Pg. 154 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) 4.6.a Packet Pg. 155 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) 4.6.a Packet Pg. 156 At t a c h m e n t : 1 . O r i g i n a l A g r e e m e n t a n d A m e n d m e n t s t o L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Legal Services Agreement Page 1 of 4 (Between Dublin and MNRSW) AGREEMENT FOR LEGAL SERVICES This Agreement, made and entered into as of November 1, 2017, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as “CITY” and MEYERS, NAVE, RIBACK, SILVER & WILSON, a professional law corporation, hereinafter referred to as “MNRSW.” WITNESSETH WHEREAS, JOHN D. BAKKER is a principal of the law firm of MNRSW; WHEREAS, CITY and MNRSW are parties to an agreement dated January 15, 2008, entitled “Agreement for Legal Services;” and WHEREAS, said “Agreement for Legal Services” has been amended six times on July 1, 2008, July 1, 2011, July 1, 2012, July 1, 2013, March 1, 2015, and September 1, 2016, respectively; and WHEREAS, the parties desire to make certain amendments to the “Agreement for Legal Services,” as amended, and WHEREAS, the purpose of this Agreement is to restate the “Agreement for Legal Services” as amended and make certain changes; and WHEREAS, it is the desire of the parties hereto to enter this Agreement and establish the terms and conditions for rendition of legal services to the CITY OF DUBLIN and the compensation therefore. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Appointment of City Attorney. CITY hereby retains JOHN D. BAKKER, hereinafter referred to as “ATTORNEY,” as City Attorney for the CITY OF DUBLIN and ATTORNEY agrees to faithfully represent the legal interests of CITY during the term of this Agreement. ATTORNEY shall propose another attorney of MNRSW to serve as the Assistant City Attorney, subject to his or her appointment by the City Council. 2. ATTORNEY’S Services. ATTORNEY shall provide, through his own services and those of such other attorneys of MNRSW, as he shall determine, all legal services usually and normally provided by city attorneys, and specifically those duties and services described in Government Code Sections 41801, 41802, 41803 and 41803.5. Such services shall include, but not be limited to: a. Attendance at City Council and Planning Commission meetings; 4.6.b Packet Pg. 157 At t a c h m e n t : 2 . A m e n d e d a n d R e s t a t e d A g r e e m e n t f o r L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Legal Services Agreement Page 2 of 4 (Between Dublin and MNRSW) b. A scheduled presence of the City Attorney or Assistant at City Offices (“Office Hours”) as may be requested by the City Manager, not to exceed 14 hours per week; c. Preparation of ordinances, resolutions, leases, contracts or other legal documents; d. Preparation of all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the City Council, boards, commissions or officers; e. Rendering legal advice (both oral and written) to members of the City Council, commissions, boards, and to the City Manager, department heads and employees with respect to City matters; f. Negotiating and/or rendering advice with respect to negotiations pertaining to City’s contracts, leases and memoranda of understanding; g. Representing City in litigation and/or arbitration or other judicial, administrative or quasi-judicial proceedings; h. Furnishing legal services for assessment district or bond proceedings; and i. Furnishing legal services for the redevelopment agency, parking authority or other agencies or entities which are not operated as an integral part of City, but which are or may be created by City as independent agencies. 3. Independent Contractor. ATTORNEY shall provide legal services to CITY as an independent contractor, with control over his offices, hours, support staff and other matters except as provided herein. 4. Compensation. City shall compensate ATTORNEY, through MNRSW, in the amount of $255 per hour for all services rendered, whether by ATTORNEY or by other attorneys associated with MNRSW, with the following exceptions: (a) litigation, for which ATTORNEY, through MNRSW, shall be compensated in the amount of $305 per hour for all litigation services rendered whether by ATTORNEY or by other attorneys associated with MNRSW; and (b) work for which the City is reimbursed by third parties, for which ATTORNEY, through MNRSW, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with MNRSW: Senior Principal $395 Principal $345 Senior Associate and Of Counsel $305 Associate $280 4.6.b Packet Pg. 158 At t a c h m e n t : 2 . A m e n d e d a n d R e s t a t e d A g r e e m e n t f o r L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Legal Services Agreement Page 3 of 4 (Between Dublin and MNRSW) MNRSW will also be reimbursed for customary costs and disbursements, including deposition and witness fees, court costs, telephone, photocopying, facsimile charges, computer research on-line fees and messenger services. ATTORNEY, through MNRSW, shall bill CITY at least on a monthly basis and CITY agrees to pay ATTORNEY within 30 days of such bill or statement. Notwithstanding anything to the contrary in this agreement, the City shall have the right to retain the counsel other than MNRSW in particular matters. 5. No Assignment. This Agreement is entered into by CITY and MNRSW and, except as set forth herein, the rights and obligations of ATTORNEY may not be assigned or delegated to any other attorney of MNRSW without express written consent of the City Council. This Agreement is not assignable. 6. Insurance ATTORNEY agrees, through MNRSW, to carry malpractice insurance in full force and effect during the term of this Agreement in an amount not less than $1,000,000 (one million dollars) per person and $2,000,000 (two million dollars) per occurrence. 7. Annual Review Annually, and at such other intervals as the City Council deems appropriate, ATTORNEY and Council shall meet to review the performance of ATTORNEY and members or associates of his firm in furnishing the services provided hereunder, and to review the compensation provisions hereof. The parties may agree to changes or amendments hereto, including, but not limited to changes in compensation provisions, which changes or amendments shall be evidenced by written amendment hereto. 8. Term This Agreement shall be terminable by CITY at will and by ATTORNEY upon 30 days’ written notice. 9. Effective Date. This Agreement shall be effective November 1, 2017. 10. Supersession of Prior Agreements. This Agreement shall supersede the Agreement for Legal Services, dated January 15, 2008, as amended. IN WITNESS WHEREOF, the parties have executed this Agreement for Legal Services the day and year set forth below. 4.6.b Packet Pg. 159 At t a c h m e n t : 2 . A m e n d e d a n d R e s t a t e d A g r e e m e n t f o r L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Legal Services Agreement Page 4 of 4 (Between Dublin and MNRSW) Dated: CITY OF DUBLIN a Municipal Corporation By David Haubert, Mayor Attest: City Clerk Dated: MEYERS NAVE RIBACK SILVER & WILSON By John D. Bakker, Principal 2877922.1 4.6.b Packet Pg. 160 At t a c h m e n t : 2 . A m e n d e d a n d R e s t a t e d A g r e e m e n t f o r L e g a l S e r v i c e s ( C i t y A t t o r n e y A g r e e m e n t ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Emerald Glen Recreation and Aquatic Complex - BuyBoard Authorization, Purchase of Concession Building and Related Equipment from Public Restroom Company, and Authorization for Closeout (CIP No. PK0105) Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider authorizing membership with the National Purchasing Cooperative (dba BuyBoard), which allows public agencies to purchase products and services from vendors established through a cooperative public bid process. The City Council will also consider authorizing the purchase of a concessions building from the Public Restroom Company for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105), and approving a budget change to increase project funding for project close-out. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City to Become a Member of BuyBoard and Purchase a Concession Building From the Public Restroom Company for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105), and approve the budget change. FINANCIAL IMPACT: The total adopted budget for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105) which included design, inspection, administration, improvements, and other miscellaneous costs was $43,830,945. Inclusion of a concession building and the close-out of various construction items require the City Council’s approval of a budget increase of $1,300,000, from the Public Facility Fees Fund, Information Technology Fund, and Vehicle Registration Fee Fund. DESCRIPTION: On August 15, 2017, the City Council approved the addition of a concessions building to the Emerald Glen Recreation and Aquatic Complex. The design team has finalized the plans and specification for the 750 square-foot pre-manufactured structure and equipment for concessions building. Staff has worked with the Public Restroom 4.7 Packet Pg. 161 Page 2 of 3 Company to provide a pre-manufactured concession building that meets the project requirements and that can be constructed within the time allotted for the project. The Public Restroom Company, through a cooperative government purchasing program called BuyBoard, has provided a quoted price of $404,610, which includes an allowance of $15,000 for City requested modifications. Staff has reviewed the price provided, checked references and necessary licenses, and recommends that the City Council adopt the Resolution authorizing the City of Dublin to participate as member of BuyBoard and to procure the concessions building from the Public Restroom Company. There is no cost for the City to become a member of BuyBoard. The only requirement is to enter into a cooperative agreement. Section 2.36.100(B)(9) of the Dublin Municipal Code allows for exceptions to the typical public bidding process when the City is able to procure items from a competitive bid process administered by another public agency. Purchases made in this manner in excess of $45,000 still require City Council approval (Section 2.36.090). The Public Restroom Company offers its products to local government agencies through an agreement with BuyBoard. The BuyBoard agreement was submitted through a competitive proposal process which then can be utilized by various other public and state agencies. Concession Building Description The concessions building will be located off the pool deck between the outdoor sports pool and the main building. The building will provide three walkup windows, two for serving the water park and a third outside the park to serve events at the sports pool when slide portion of the park is closed. Attachment 4 provides a rendering of the building and a portion of the building plans. This structure will be equipped to provide a wide variety of meal options from prepackaged to prepared onsite hot food. The building can stand alone with onsite refrigeration and freezer space, type 1 hood with a flattop griddle and fryers, sandwich station, dry storage, beverage dispensers, and microwave to name a few. In total, the concession building is estimated to cost approximately $700,000, which includes the pre-manufactured building, site improvements, utilities, design, inspection, testing, and administration. The City design team is completing the plans and specifications for the site improvements, utilities, and building foundation. These improvements are needed before the City takes delivery of the pre-manufactured building. Bids for these improvements will be solicited in accordance with the City’s purchasing guidelines and the Public Contract Code. Staff believes, for a building of this type and size, the purchase of a pre-manufactured building will reduce construction duration and costs as compared to constructing the building in the field. The Wave – Construction Status Staff is working with the general contractor and other specialty contractors to complete and close out the improvements for the nearly 32,000 square-foot Emerald Glen Recreation and Aquatic Complex. As part of that close-out process, Staff has determined that an additional budget appropriation of $1,100,000 from Public Facility Fees will be required ($700,000 for concessions and $400,000 for close-out of the 4.7 Packet Pg. 162 Page 3 of 3 original improvements, which includes all of the add-alternate items that were requested by the City Council). The budget change (Attachment 5) also includes a $200,000 budget increase for a fiber network connection between the Civic Center and the facility, funded by the Information Technology Fund ($150,000) and the Vehicle Registration Fee Fund ($50,000). Staff recommends City Council approve the budget change of $1,300,000 and authorize the City Manager or designee to approve the Final Project Contract Change Order up to the available funds designated for Project No. PK0105. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Authorizing Membership with BuyBoard and the Purchase of a Concession Building from the Public Restroom Company 2. Exhibit A to the Resolution - National Purchasing Cooperative Interlocal Participation Agreement 3. Exhibit B to the Resolution – Agreement with Public Restroom Company 4. Floor Plan and Rendering of the Concessions Building 5. Budget Change Form 4.7 Packet Pg. 163 ATTACHMENT 1 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AUTHORIZING THE CITY OF DUBLIN TO BECOME A MEMBER OF BUYBOARD AND PURCHASE A CONCESSION BUILDING FROM THE PUBLIC RESTROOM COMPANY FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO. PK0105) WHEREAS, the City Council on August 15, 2017, expanded the project scope for the Emerald Glen Recreation and Aquatic Complex to include a Concessions Building; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby authorize the City of Dublin to become a member of BuyBoard and authorizes the City Manager to execute the National Purchasing Cooperative Interlocal Participation Agreement, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the purchase of a concessions building from the Public Restroom Company for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105). BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the Agreement for the purchase of the concessions building attached hereto as Exhibit B. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to approve the Final Project Contract Change Order based on the available funds designated for Project No. PK0105. PASSED, APPROVED AND ADOPTED this 21st day of November 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.7.a Packet Pg. 164 At t a c h m e n t : 1 . R e s o l u t i o n A u t h o r i z i n g M e m b e r s h i p w i t h B u y B o a r d a n d t h e P u r c h a s e o f a C o n c e s s i o n B u i l d i n g f r o m t h e P u b l i c R e s t r o o m Page 1 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). NATIONAL PURCHASING COOPERATIVE INTERLOCAL PARTICIPATION AGREEMENT This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated below by and between The National Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government ("Cooperative Member"). I. RECITALS WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, pursuant to MD. CODE ANN., STATE FIN. & PROC. § 13-110 (West 2009), and R.I.GEN.LAWS § 16-2-9.2 (2009); and WHEREAS, the purpose of this Agreement is to facilitate compliance with state procurement requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members; NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained herein, the undersigned Cooperative Member and the Cooperative agree as follows. II. TERMS AND CONDITIONS 1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated May 26, 2010, which agreement is incorporated herein by reference (and is available from the Cooperative upon request). The Organizational Interlocal Agreement established the Cooperative as an administrative agency of its collective participants, and Cooperative Member agrees to become a participant or additional party to that Organizational Interlocal Agreement. 2. Term. The initial term of this Agreement shall commence on the date it is executed by both parties and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. 3. Termination. (a) By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative, provided any amounts owed to any vendor have been fully paid. 4.7.b Packet Pg. 165 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Page 2 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). (b) By the Cooperative. The Cooperative may terminate this Agreement by: (1) Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member breaches this Agreement; or (2) Giving thirty (30) days notice by certified mail to the Cooperative Member with or without cause. (c) Termination Procedure. If the Cooperative Member terminates its participation under this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member, the Cooperative Member shall bear the full financial responsibility for all of its purchases made from vendors under or through this Agreement. The Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to a distribution which may occur after the Cooperative Member terminates from the Cooperative. 4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the bid invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring Cooperative Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative. Furthermore, the Cooperative Member is solely responsible for negotiating and securing ancillary agreements from the vendor on such other terms and conditions, including provisions relating to insurance or bonding, that the Cooperative Member deems necessary or desirable under federal, state or local law, local policy or rule, or within its business judgment. 5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors which are selected to provide goods, materials or services to Cooperative Members. Such payment (hereafter “Vendor Fees”) may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, endorsement, licensing, marketing, and other expenses involved in successfully operating a program of electronic commerce for the Cooperative Members. Further, Cooperative Member affirmatively disclaims any rights to such Vendor Fees, acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative Member be responsible for payment of Vendor Fees. 6. Distribution. From time to time, and at the sole discretion of the Cooperative Board of Directors, the Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases made by the Cooperative Member. 7. Administration. The Cooperative may enter into contracts with others, including non-profit associations, for the administration, operation and sponsorship of the purchasing program provided by this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member electronically or by 4.7.b Packet Pg. 166 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Page 3 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). mail. Cooperative Member will report purchase orders generated under this Agreement to the Cooperative or its designee, in accordance with instructions of the Cooperative. 8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic purchasing application (BuyBoard) during the term of this Agreement. Cooperative Member acknowledges and agrees that the BuyBoard electronic application and trade name are owned by the Texas Association of School Boards, Inc., and that neither the Cooperative nor the Cooperative Member has any proprietary rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the BuyBoard programs on the server or acquire the programming code. The Cooperative Member may not attempt to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the application. The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative (or its designee) and will discontinue use upon termination of participation in the Cooperative. The Cooperative Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own expense. III. GENERAL PROVISIONS 1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative before the expiration of said 60 days. 2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member represents that its governing body has duly authorized its participation in the Cooperative and that the Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods and services through its membership in the Cooperative. 3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all written policies and procedures established by the Cooperative. Notwithstanding the foregoing, the Cooperative shall provide written notice to the Cooperative Member of any amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is intended to be binding on the Cooperative Member. The Cooperative shall promptly notify all Cooperative Members in writing of any Bylaw amendment, policy or procedure change. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this provision shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. 4.7.b Packet Pg. 167 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Page 4 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). 6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the Bylaws. 9. Legal Authority. The Cooperative Member represents to the Cooperative the following: a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing, and specifically, the National Purchasing Cooperative. b) The Cooperative Member possesses the legal authority to enter into this Agreement and can allow this Agreement to automatically renew without subsequent action of its governing body. c) Purchases made under this Agreement will satisfy all procedural procurement requirements that the Cooperative Member must meet under all applicable local policy, regulation, or state law. d) All requirements––local or state–for a third party to approve, record or authorize the Agreement have been met. 10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, INCLUDING THE NATIONAL SCHOOL BOARDS ASSOCIATION (NSBA) AND THE TEXAS ASSOCIATION OF SCHOOL BOARDS, INC. (TASB), DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE COOPERATIVE, ITS ENDORSERS, SPONSORS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 11. Limitation of Liability. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties agree that: (a) Neither party waives any immunity from liability afforded under law; 4.7.b Packet Pg. 168 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Page 5 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). (b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement, neither party shall be liable to the other under any circumstance for special, incidental, consequential, or exemplary damages; (c) The maximum amount of damages recoverable will be limited to the amount of fees which the Cooperative received as a direct result of the Cooperative Member’s purchase activity, within 12 months of when the lawsuit or action was filed; and (d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover reasonable attorney’s fees. Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to limit the liability of the Cooperative’s Endorsers, Sponsors and Servicing Contractors (defined in Paragraph 11, above) up to the maximum amount each received from or through the Cooperative, as a direct result of the undersigned Cooperative Member’s purchase activity, within 12 months of the filing of any lawsuit or action. 12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended to confer upon any person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this Agreement. 13. Merger/Entirety. This Agreement, together with the Cooperative’s Bylaws and Organizational Interlocal Agreement, represents the complete understanding of the Cooperative and Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of prior agreements, the terms of this Agreement shall control and take precedence over all prior participation agreements. 14. Notice. Any written notice to the Cooperative may be given by e-mail to NSBA at BuyBoard@nsba.org; by U.S. mail, postage prepaid, and delivered to the National Purchasing Cooperative, 1680 Duke Street FL2, Alexandria, VA, 22314; or other mode of delivery typically used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by e-mail to the Cooperative Member’s Coordinator or other e-mail address of record provided by the Cooperative Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member’s Coordinator or chief executive officer (e.g., superintendent, city manager, county judge or mayor); or other mode of delivery typically used in commerce and accessible to the intended recipient. 15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any reason, the remaining portions shall continue in full force and effect. 16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature to the other party will not affect the validity, enforceability or binding effect of this Agreement because either party may rely upon an electronic or facsimile signature as if it were an original. Furthermore, this Agreement may be executed in several separate counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 17. Authority. By the execution and delivery of this Agreement, each undersigned individual represents that he or she is authorized to bind the entity that is a party to this Agreement. 4.7.b Packet Pg. 169 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Page 6 of 6 (Revised by the Cooperative Board of Directors on March 10, 2016). IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, accept this Agreement. TO BE COMPLETED BY THE NATIONAL PURCHASING COOPERATIVE: By: Date: Deputy Associate Executive Director, Member & Leadership Services National School Boards Association On behalf of the National Purchasing Cooperative TO BE COMPLETED BY COOPERATIVE MEMBER: ONLINE AT BUYBOARD.COM VIA ELECTRONIC SIGNATURE 4.7.b Packet Pg. 170 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - N a t i o n a l P u r c h a s i n g C o o p e r a t i v e I n t e r l o c a l P a r t i c i p a t i o n A g r e e m e n t ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 1 of 10 FINAL PROJECT BID: Emerald Glen Park Concession Building, Dublin, CA Bid Date: November 14, 2017 Project Ref #10289 Contractor License # 822966B Dealer License # DL1109895 Manufacturer License # MF1277003 DIR # 1000005303 Our Offer to Sell: 1. Wave Concession Building delivered to site @ $373,986 Public Restroom Company herein bids to furnish (building only per plans and specifications, delivered to site with all costs except installation including applicable taxes excluding retention.(Retention is not allowed as this is materials or a product fully assembled before shipment to the site and therefore not subject to retention.) Added to previous quote: a.) Mapes counter canopy over serving windows; one over dual windows and one over single serving window@$9,610. b.) Code compliant grease trap in maintenance closet under pultruded access grating floor opening cover @$3044. c.) Allowance for owner in project process modifications @$15,000. 2. Installation: Turnkey Installation of the Building above @ $30,624 with retention allowed. Public Restroom Company also includes in this two part quotation our turnkey installation package for this building. Our national factory authorized installation team will: a. Arrive onsite to confirm and verify the owner provided scope of work in preparation for installation including access to the site. b. Verify the building pad size, building corners, finished slab elevation, utility depth and location, meter size and distance from building, and compaction compliance. c. Excavate the utility trenches for placement of our prefabricated underground piping tree for plumbing and electrical, set the kit in place, provide the water test for inspection before backfilling, and then place the site adjacent coarse sand you provide to us alongside the building pad and screed it level for final building placement. We will need onsite water availability for wetting the sand bed before building placement to consolidate the pad. d. Set the building on the site pad. e. Connect the utility piping stub ups to the building piping stub down building points of connection for water, sewer, and electrical conduit to the building internal electrical panel. 3. Owner Final Tie In of Utilities and other site work: The exterior utility connections for water, sewer and electrical 6’ or less from the footprint of the building are by owner. Exhibit B 4.7.c Packet Pg. 171 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 2 of 10 4. Total Cost of building and installation @ $ 404,610 OWNER SCOPE OF WORK WITH FOOTINGS: Owner Scope of Work Background: Owner shall survey the site, establish survey for the building pad and prefabricated building slab elevation and front corners, excavate for building footings, locate footing sleeves for electrical, waste, and water, pour the footings DEAD LEVEL ON TOP, furnish nominal 2” coarse concrete sand base adjacent to subgrade pad, and provide location for utility POC’s nominally 6’ outside the foundation. Preparation of Building Pad: Owner is responsible for providing the building subgrade pad and footings to depth per local code or owner engineer recommendation and Public Restroom Company design specifications. ` Subgrade Pad/Foundation Requirements: 1. Owner shall survey the building site and provide a finished slab elevation for the prefabricated building. The building pad size we require is larger than the final actual building footprint. Provide building front corner stakes with 10’ offsets. 2. Excavate the existing site to the depth of the required footings to local code if required. 3. Furnish coarse concrete sand adjacent to subgrade pad so PRC can cut the utility trenches, install underground utilities, and screed sand. Owner verification of site access to allow Building Delivery: 1. You certify to PRC that suitable delivery access to the proposed building site is available. Suitable access is defined as 14’ minimum width, 16’ minimum height, and sufficient turning radius for a crane and 70’ tractor-trailer. 2. Our cost is based upon the crane we provide being able to get within 35’ from the building center and for the delivery truck to be no more than 35’ from the crane center picking point. 3. If the path to the building site traverses curbs, underground utilities, landscaping, sidewalks, or other obstacles that could be damaged, it is the Owner’s responsibility for repair and all costs, if damage occurs. 4. If trench plating is required, it shall be the cost responsibility of the Owner. 5. If unseen obstacles are present when site installation begins, it is the Owner’s responsibility to properly mark them and verbally notify PRC before installation. 4.7.c Packet Pg. 172 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 3 of 10 Installation Notice and Site Availability: PRC will provide sufficient notice of delivery of the prefabricated building. The Owner shall make the site available during the delivery period. During the delivery period, on an improved site, Owner should stop site watering several days before delivery to minimize the impact on the soils for the heavy equipment needed for installation. Caution: If site is not ready for our field crew to perform their installation and if no notice of delay in readiness from Owner is received, PRC will provide a change order for re-mobilization on a daily basis until the site is ready for us. Ready means that the site pad is completed, the corner required survey stakes are in place, the slab elevation stakes are in place, the location of the front of the building is confirmed on site, and access to the site is available from an improved roadway. Owner shall sign the change order before we will continue delivery. Public Restroom Company will “turn-key” set the buildings including the hook up of utilities inside the building (only) when they are available. PRC will use its own factory trained staff for the installation. Utility Connections: 1. The Owner is responsible for flushing all water service lines at least 30 minutes to remove debris before final connection. 2. The Owner is responsible for the final exterior connections of water, sewer, and electrical at the exterior of building POC’s. 3. PRC provides a POC for water, a POC DWV waste line with a clean out your service connection, and an electrical schedule 80 PVC sleeve at an exterior POC. 4. PRC provides and connects the interior building utility connections and the Owner or their subcontractor makes the exterior connections to POC’s for services. Special Conditions, Permits, and Inspection Fees: Follow any published specifications governing local building procedures for applicable building permit fees, health department fees, all inspection fees, site concrete testing fees, and compaction tests, if required by Owner. PRC is responsible for all required State inspections and final State insignia certification of the building, if applicable. Jurisdiction for Off-site Work: Jurisdiction, for permitting and inspection of this building shall be either the State agency who manages prefabricated building compliance in the state or the local CBO (when the State does not provide certification.) If the responsibility for building inspection is the local CBO, we will 4.7.c Packet Pg. 173 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 4 of 10 provide a certified plan set, calculations, and a third party engineer inspection report for any and all closed work the local official cannot see. PUBLIC RESTROOM COMPANY SCOPE OF WORK: Our In Plant/Off-Site Construction Scheduling System: PRC has several off-site manufacturing centers in the United States, strategically located, with the proper equipment and trained staff to fabricate our custom buildings to our high quality fit and finish standards. PRC manages quality control in our off-site production facility to comply with the approved drawings and provides an inspection certification and photos as required. When proprietary materials, which we have designed and fabricated, are part of the project, PRC supplies the manufacturing centers with these proprietary PRC components. We then schedule the in plant construction process to coordinate with your delivery date through our Operations Division field staff. We guaranty on time at cost delivery weather permitting. Special Payment and Billing Terms: We will invoice for our design, engineering, and architectural plans upon our submittal to you. Then, we invoice on a monthly in plant percentage of completion supported by photographs, State third party inspection reports, and State certification and expect timely payment at least every 30 days. In the event of project stoppage, additional fees may be assessed for re-mobilization, storage, crane costs, etc. Our discounted project costs are based upon timely payments. Delays in payment could change delivery schedules and project costs. Delivery and Installation: Site Inspection: PRC staff, upon site arrival, will verify the required dimensions of the building pad and the corner locations/elevation. We will also verify the delivery path from an accessible road or street and install the underground utilities to the point of connection nominally 6’ from the exterior of the building. Installation: PRC will install the building turn-key, except for any exclusion (listed under “Exclusions,” herein.) Installation of Utilities under the Prefabricated Building: We fabricate off-site an underground utilities (water, and DWV piping and fittings) preassembled plumbing and electrical tree. Our site staff will set the underground tree in the 4.7.c Packet Pg. 174 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 5 of 10 excavated trench (excavation by owner to the proper depth per local code) into code depth excavated trenches and our staff will install the coarse concrete sand to bed the piping per our submitted drawing. Your utility POC’s start nominally 6’ from the building footprint where we pick up the task and connect your services to the building stub downs. We provide all the under slab piping (including the driven electrical ground rod or lightning rod, if applicable.) The owner brings utility services to within 6’ of the pad. Connection of Utilities Post Building Placement: After placement of the building on the pad by PRC, our field staff will tie in the water and sewer connection “inside” the building only and terminate at a point of connection (POC) outside the building clearly marked for each utility service. The Owner is responsible for final utility point of service connections at the nominal 6’ from building locations. Electrical: PRC provides the electrical conduit to the POC 6’ from the building. The Owner pulls the wire and ties it off on the electrical panel. Plumbing: PRC provides the POC up to 6’ from the building footprint and the Owner connects the water to our stub out location. Sewer: Some sites depending on the local jurisdiction will require an outside house trap which Owner shall install if needed. PRC will provide you with a sewer point of connection including a clean out to which Owner will terminate the site sewer service. Testing of Water, Sewer, and Electrical in Plant and Final Site Utility Connection: Before the building leaves the manufacturing center, PRC certifies a pressure water piping test, DWV, and the electrical connections for compliance with code. While the building is fully tested for leaks at the plant before shipment, road vibration may loosen some plumbing slip fittings and require tightening once the building services (water) is completed. Owner is responsible for minor fitting tightening to handle small slip fitting leaks caused by transportation. Time of Completion: PRC estimates a 120 day schedule to complete our scope of work from receipt of written notice to proceed together with signed approved architectural submittals from all authorities required to approve them. If we receive notice to proceed by 11-15-17 we can deliver end of February early March. 4.7.c Packet Pg. 175 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 6 of 10 INCLUDED COMPONENTS IN BID: 1. Exterior to follow architecture and finishes on drawings by Dahlin Group. 2. Mapes canopies over serving windows. 3. Coiling window shutters over serving windows. 4. Exterior lighting per Dahlin Group design, LED. 5. Serving window counters at 34” maximum above building interior floor with exterior sidewalk by others to meet 34” maximum height. 6. Interior tile floors Quarry style in color by Dahlin Group with two part black epoxy grout. 7. Interior tile base shall match floor with same grout. 8. HVAC shall be roof mounted blow down units to code. 9. Roof mounted electrical service box for step down transformer by other to connect to service panel in mechanical closet below. 10. Roof mounted service line for fiber line to TI closet. 11. Data IT service lines to cash register positions in kitchen serving area. 12. Furnish safe opening in floor of IT room for floor safe per owner specification. 13. Furnish 2-20 amp single duplex outlets and 2 double duplex outlets at locations by Dahlin Group. 14. Furnish door locks wired for card reader unit to be furnished by owner or others. 15. Exterior doors shall be 14 gauges metal door and jamb painted light color with panic hardware service and heavy duty door closer and air curtain with door jamb micro switch. 16. Serving self-closing windows shall comply with CFSC 216 square inches with tempered glazing. 17. Stainless serving counters per plan shall be commercial gauges to comply with CFSC. 18. Interior doors shall be vinyl surfaced solid core rehung with hardware per standard CBC requirements. 19. All plumbing shall be PVC/DWV and water service in PEX or copper per application with backflow prevention devices for ice maker and Soda dispenser. Floor sinks to code (2) shall be field installed post setting of building. 3 Compartment stainless code compliant scullery sink and prep sink shall be commercial grade with drain boards. 20. Interior lighting shall be LED wrap around covered. 21. Hood shall be custom fabricated dual wall with insulation to fire code with built in makeup air and roof exhaust. Ansul spray system shall be built in with interlock electrical outlets for all owner furnished high power cooking devices. 22. Electrical distribution panel shall be snap on breakers. 23. Interior wall finish shall be PVC panels for ease of cleaning. 24. Ceiling shall be James Hardie composite fiber cement panels painted two coats of 4 mil high gloss industrial paint. 25. Water Heater shall be 50 gallon 12 KW heater low boy in mechanical room. 4.7.c Packet Pg. 176 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 7 of 10 26. Mop Sink shall be floor mounted fiber stone with mop holder. 27. Dahlin Group shall review final plan submittals with cut sheets and approve before construction. NOT INCLUDED IN BID: 1. All other plan shown food service and restaurant equipment, stainless tables, storage shelving, lockers, pot racks, storage shelving above equipment, door hardware card reader lockset, exterior menu sign, transformer, telecommunications equipment including antenna, internal communication equipment if any, foundation, and final utility connections by others. Other Exclusions/Exceptions: 1. Access issues for delivery of the building when the owner has not provided a proper path to the final site. This exclusion covers sites whose access is limited by trees, inaccessible roadways, overhead power lines at location where crane will lift building, grade changes, berms, or uneven site grades, or when the path of travel is over improvements such as sidewalks, all of which are not within the scope of work by PRC. Any site soils damage or other site improvements if damaged during installation are by owner. 2. If weather on site causes site delivery issues the delivery may have to be diverted to an offsite location and the additional costs will be a change order to the bid. Our staff works with the owner in advance to make sure sound decisions for delivery are made to avoid this issue. But sometimes owners take risks for weather but this risk is clearly at the owner’s risk not PRC. 3. Any trench plates needed for protection of site soils, sidewalks, or site utilities. 4. Sidewalks outside the building footprint. 5. Survey, excavation, and installation of the building pad and footings, if required, per our plans previously sent. 6. Soil conditions not suitable for bearing 1500 psf. If no soils testing report is available before bid, owner must verify site supporting soils at a minimum of 1000 psf are the least we can place our structures on or owner or engineer of record must design a foundation system to meet the imposed loads of site placement. 7. Improper water pressure, an undersized meter, or improper water volume flow to the building may necessitate a change order for the structure to install a 30 gallon pressure tank to provide the minimum flow rate and pressure. Building water service chlorination, post installation, is by owner, not PRC. 8. Building permits, a site survey, special inspection fees, minor trash removal, final utility connections to the onsite water, sewer and electrical are by others and since the building is fully inspected and tested in plant, minor plumbing leaks (if water is not available when building site work installation is completed,) is by others. 4.7.c Packet Pg. 177 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 8 of 10 9. Our crane costs, which are included herein, are based on a maximum 35’ radius from the center pin of the crane to center point of the furthest building module roof. If additional distance requires a larger crane, additional costs may be assessed by the crane company and a change order will be sent to the owner. 10. The owner shall be responsible for minor shrink wrap trash for building delivery protection and minor site debris removal or a location for placement on site (nominally one pickup truck of shipping materials.) 11. Site Traffic Control: If applicable, shall be by Owner not PRC. Insurance and Prevailing Wage Certification: PRC shall comply with the required insurance requirements, wage reports, and safety requirements for the project, including OSHA regulations. Special Insurance to protect the Building before acceptance: As PRC requires payment for each month of off-site construction, and since the building is not on owner property where their insurance will cover the building, we provide a special policy that insures the property even when paid for off-site until the building is finally accepted by the owner. The policy provides the owner as additional insured during this period. PRC provides the Owner a policy rider to cover the building while it is being built off-site, while in transit to the job site, during and after it is installed on-site until final acceptance. This special policy covers the project up to $1,000,000. This exceeds the cost of our scope on this project. Errors and Omissions Insurance: Our firm employs licensed architects, engineers, and drafting staff to provide design of our buildings. Since these buildings are required to meet accessibility standards and building codes on site, and since we are the designer, we carry Errors and Omissions Insurance (E & O) to protect our clients from any errors. The policy covers a limit of up to $2,000,000 per occurrence and is more clearly explained in the insurance certificates we provide after receipt of a purchase order. WARRANTY PUBLIC RESTROOM COMPANY (Company) herein warrants that all work under this contract will be free from faulty materials and improper workmanship, except from proper and usual wear, and agrees to replace or repair, without cost to the Owner, all work found to be improper or imperfect, upon proper notice to the address stated below. Our Warranty is valid for 5 years from date of acceptance but shall be extended to 20 years for structural failure. Our extended warranties shall have no effect on any required Performance and Payment Bonds who’s Surety shall assume no liability to the Company, the Owner, or any third parties should 4.7.c Packet Pg. 178 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 9 of 10 the Company fail for any reason to deliver acceptable maintenance warranties beyond the one year period. The warranty extension is solely between the owner and PRC and not the owner, bonding company, or architect/engineer of record. Our warranty is enforceable only if all work performed by Company has been fully paid, including change orders, if applicable. Company has no responsibility for vandalism, neglect, abuse, or improper maintenance of the final completed building. The warranties expressed herein are exclusive, and are in lieu of all other warranties expressed or implied, including those of merchantability and fitness. There are no warranties which extend beyond those described on the face of this Warranty. The foregoing shall constitute the full liability of the Company and be the sole remedy to the Owner. Term of Offer to Sell and Owner’s Acceptance: This offer is valid for acceptance within 30 days, or when a part of a public bid for the applicable duration imposed within the Owner’s bid documents. Acceptance is by approving our post bid preliminary notice to begin drawings subject to final owner approval of our submittals and receipt of a contract or a purchase order/contract. Special Notice of Possible Project Cost Increases as a Result of Late Payments: In the event of delayed or late payment, PRC shall have the right to remedies including late charges, overall project total cost increases, and other damages as allowed by applicable law. The contract price quoted herein is a discounted price based upon our receipt of progress payments as invoiced on the agreed billing schedule of PRC. In the event of non-payment, PRC will provide a 5 day written notice to cure and if payment is still not received, the discounted price for the payment due may increase, to an undetermined amount, to cover work stoppage, remobilization, cancellation of materials and subsequent restocking charges, resale of the contracted building to another party, storage fees, additional crane fees, travel and per diem costs for field crews, and any other cost applicable to the project, as allowed by law. Interest if applicable to non-payment will be assessed at the maximum amount allowed by law or 18% whichever is greater. Venue for Contract Jurisdiction: Public Restroom Company requires all contracts accepted by our firm to hold that the venue for legal jurisdiction for this contract offer and acceptance shall be Douglas County, Nevada. In the event of your default, PRC shall be entitled to the full amount due including reasonable attorney fees, costs, storage, expenses of physical recovery, and statutory interest, as allowed by law. 4.7.c Packet Pg. 179 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) Emerald Glen Park Concession Building, Dublin, CA | 11/8/2017| Reference #:10289-10-25-2017-1 2587 Business Parkway | Minden, NV 89423 | www.PublicRestroomCompany.com | p: 888-888-2060 | f: 888-888-1448 10 of 10 No modifications to this offer shall be authorized unless confirmed in writing by the President of PRC. Offered by: Public Restroom Company by _________________________________ Charles E. Kaufman, President This provides conditional acceptance of this preliminary purchase order for this building subject to acceptance of the submittals, furnished by Public Restroom Company. Once you accept the preliminary submittals, this shall become a final purchase agreement or at your discretion the final purchase order or a contract may be substituted with this attached. Accepted by: _______________________________ _______________________________ Authorized Signature Date _______________________________ _______________________________ Printed Name Legal Entity Name and Address 4.7.c Packet Pg. 180 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n – A g r e e m e n t w i t h P u b l i c R e s t r o o m C o m p a n y ( S t r u c t u r e ) OVERVIEW FROM SEATING AREA 4.7.d Packet Pg. 181 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) VIEW FROM POOL DECK 4.7.d Packet Pg. 182 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) VIEW FROM COMMUNITY ROOM 4.7.d Packet Pg. 183 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) VIEW FROM PARKING LOT 4.7.d Packet Pg. 184 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) 0.49% B L D G . I N V 3 6 7 .0 0 6 "S S B L D G . I N V 3 6 7 .0 0 B L D G . I N V 3 6 7 .0 0 B L D G . I N V 3 6 9 . 5 0 B L D G . I N V 3 6 7 . 0 0 BLDG. INV369.50 BLDG. INV366.67 9LF8"SS BLDG. INV363.67 INV364.42 2"W1 "W INV368.94 INV368.63 INV368.88 INV369.18 10"SD 95LF 10"SD @0.42% 15"SD INV365.50 TWO 10"SD INV368.50 INV368.50 (E) 15"HDPE INV370.75 INV370.75 INV373.46 INV371.10 INV370.61 INV368.80 INV368.11 INV369.12 INV367.07 INV366.59 INV368.60 I N V 3 6 8 . 6 2 G R @ F G C D - 4 0 7 I N V 3 6 8 . 8 7 INV368.97 INV366.61 GR @ FG INV366.52 INV369.00 CAP 4"PVC SS 20LF 4"PVC SS@12.40% INV366.25 GR @ FG INV365.13 CD-407 INV366.05 80LF 4"PVC SS @1.41% 3 0 L F 4 "P V C S S @ 1 .5 6 %98LF 4"PVC SS@1.96% 6LF 4"PVCSS@2.00% INV367.18 INV367.65 INV368.88 INV369.00 145LF 4"SD@1.02% 209LF 6"SD@1.00% I N V 36 3. 0 3 ( E ) 1 5 " I N V 3 62 . 4 2 ± 52LF 6"SS@0.90% 99LF 6"PVC SS @ 1.23% INV362.25 100LF 6"PV C SS @ 7.98 % INV369.50 INV369.50 INV369.50 INV369.50 INV369.50 INV369.50 I N V 3 6 9 . 2 0 8"WL INV368.72 #5 EVAULT. TOP @ FG 2"W 6"FIRE 6" 4 "C W 6 "F IR E INV370.93 I N V 3 6 5 .5 0 INV368.40 I N V 3 6 9 . 0 0 C/O @ FGINV366.64 INV366.48 C/O @ FGINV365.87 INV365.85 INV365.57 INV370.15 INV371.13 INV369.70 INV370.45 INV370.45 INV371.13 INV370.13 INV367.41 INV370.40 B L D G . I N V 3 6 8 . 7 1 INV365.75 INV368.78 BLDG. INV369.50 INV369.07 INV370.07 INV370.30 INV370.03 INV369.59 INV366.91INV366.90 INV366.89 INV366.48 I N V 3 6 6 .3 1 INV365.82 INV365.56 INV365.50 INV368.82 I N V 3 6 5 . 2 8 11LF 6"SD @0.91% 92LF 8"SD @2.95% 4 0 L F 8 "S D @ 1 .0 8 % 14LF 8"SD @0.86% 2 8 L F 4 " S D 2 7 L F 8 "S D @ 1 .2 2 % 10LF 8"SD @1.10%3 3 L F 8 "S D @ 1 .5 8 %1 8 L F 4 " S D 57LF 8"SD @0.79% 2 L F 4 " S D @ 6 . 5 0 % 54LF 6"SD @0.65% 14LF 8"SD @0.71% 29LF 4"SD @2.86% 27LF 8"SD @0.63% 7LF 8"SD @0.86% 19 LF 4"SD 39LF 8"SD @1.10% 3 9 L F 8 " S D @ 0 . 8 1 % 11LF 8"SD @0.83% 2 9 L F 4 "S D @ 0 .9 4 % 3LF 8"SD@0.77% 60LF 4"SD @0.82% 5 9 L F 4 " S D @ 0 . 8 1 % 1 9 8 L F 1 5 " S D @ 0 . 2 7 % 1 98LF 1 5"SD @0.75% 8 9 L F 6 "S D @ 1 .0 0 % 21LF 15"SD @0.76% 23LF 6"SD@4.87% 30LF 6"SD @2.30% 5 4 L F 1 0 "S D @ 1 .9 3 % @ 0 . 7 7 % 30LF 10"SD @3.40% 11LF 6"SD @4.91% 67LF 12"SD @ 0.33% 23LF 12"SD @0.33% 1 7 L F 1 2 "S D @ 0 .3 3 % 5 8 L F 1 2 "S D @ 0 .3 3 % 14LF 6"SD @0.79% 6 7 L F 6 " S D @ 0 . 6 1 % 2 6 L F 8 " S D @ 0 . 6 5 % 1 1 0 L F 8 " S D @ 0 . 4 5 % 5 2 L F (T ) 3 4 L F 8 "S D @ 1 .5 3 % 3 0 L F 4 "S D @ 5 .6 3 % 7 1 L F 4 "S D @ 0 .3 9 %1 7 L F 4 " S D @ 0 . 4 1 % 1 2 L F 4 "S D @ 1 .0 0 % 4 " S D @ 1 0 % 8LF 4"SD@31.88% INV366.41W-12 2 14 4 5 12 INV369.53 12"SDINV368.00 SSCO @ FG @2.00% 8"SS @2% INV366.67 SSCO @ FG 7LF 4"SS @41.43% 14LF 4"SD @38.43% INV363.77 69LF 4"SS @4.79%WYE INV366.61 SSCO @ FG I N V 3 6 6 . 9 0 1 0 L F 4 " S S @ 2 . 0 0 % S S C O @ F G I N V 3 6 7 . 5 9 2 0 L F 4 " S S @ 4 . 8 5 % 9 5 L F 4 "S S @ 2 .0 0 %S S C O @ F G I N V 3 7 0 .1 6 94LF 6"SS @ 5.61% INV366.75 SSCO @ 372.00 141LF 6"SS @1.00% INV366.22 INV366.55 SSCO @ 372.00 S S C O @ F G WYE INV365.18SD INV366.67 WYE INV364.76 S S C O @ F G I N V 3 6 4 .6 8 1 0 4 L F 6 " S S @ 1 . 0 0 % 8 67LF 4"SD @0.52% 8"WL8"W L 3"F IRE S-10 S-10 S-2S-5 S-10 S-10 S-10 W-2 W-2 W-2W-2 W-6 W-13W-1 W-8 W-13 W-1 W-13 W-1 W-6 S-10 S-10 S -1 0 S -1 0 S -1 0 W-13 W-1 TYP W-13W-1 W-6 S -1 0 S - 1 0 S-10 S - 1 0 W-6 S-10 S-10 W-19 I N V 3 6 8 .0 0 8 "W I N V 3 6 6 .2 0 CL200 PIPE W-8 2"X2"X1" TEE 2" INV368.00 2"TEEINV369.10 8"W INV366.20 TOP BURY 371.95 INV367.38 INV367.31 W-12 INV365.78 6"F INV366.28 8"W INV366.20 8"W INV366.20 6"F INV366.28 8"W INV366.20 INV369.20 SD INV368.80 S D I N V 3 6 8 . 7 8 8 " W T O P 3 6 6 . 8 7 4"SD INV368.71 15"SD TOP366.68 6"W INV366.28 8 " W I N V 3 6 6 . 2 0 6 " 4" INV368.61 W INV369.52 SD TOP369.20 SD INV368.95 SS TOP368.38 9 11 13 1 8 " W L 8 " WL 8"WL 6 " F I N V 3 6 7 . 7 0 8 " S D T O P 3 6 6 . 9 2 4 "W I N V 3 6 8 .1 7 6 "S S T O P 3 6 5 .0 5 4 " W I N V 3 6 8 . 2 4 ( 1 1 . 2 5 ° B E N D ) 6 " F I N V 3 6 4 . 2 4 ( 1 1 . 2 5 ° B E N D ) 4 " W I N V 3 6 8 . 2 4 ( C A P ) 6 " F I N V 3 6 4 . 2 4 ( C A P ) 16 17 18 @ 4 . 7 8 % @ 3 . 9 3 % @2.00% B L D G . I N V 3 6 7 .0 0 8"W TOP366.87 ASS. INV353.73 IRRIGATION POINT OF CONNECTION (E) IRR RWL NEW PG&E XFMR.SEE ELECTRICALPLANS (E1.1) INV366.75 INV366.05 INV364.85 INV366.59 S-10 S-10 S-10 S-12A 3"W 15LF 6"PVCSS@2.00% S-10 S-10 S-10 S S @ 1 . 2 3 % 85LF 6"PVC SS@ 1.23% 50LF 6"PVC PVC SS @ 1.23.% INV369.48 22LF 4"PVC SS@2.00% INV369.92 W-12 INV366.28 6"FIRE INV369.17 26LF 4"SD @1.00%I N V 3 6 8 .9 1 3"FIRE 118LF 15" HDPE SD @ 3.03% 130LF 36" HDPE SD @0.10% GR @ FG INV363.00 CD-407 GR @ FG INV363.20 CD-407 6" 45° BEND INV363.68 8" WL 45° BEND INV361.80 8" WL 8"WL TOP364.92 4"SS INV366.11 8"WLINV364.25 8"WL INV364.25 8"W INV366.20 4"SD INV369.36 8"W TOP366.87 6"F INV366.28 8"W INV366.20 8 "W L 20 W-1 2"W W-2 W-2 W-19 W-1 W-23 3" DBL DETECTOR CHECK ASSMBLY W-13 W-1 W-13 W-7 FUT. BLDG SPRINKLER LINE W-1 W-13 FUT. FIRE HYDRANT 3"FIRE FUT. DOMESTIC WATER.DO NOT INSTALL METER.FUT. BLDG SPRINKLER LINE INV364.25 8"W INV364.20 4"SD INV366.00 8"W TOP365.02 8"WL 8"WL 8"WL 15"SD INV362.0± 8"W TOP361.00 8"W INV362.13 6"SS TOP361.13 W-20AW-22 W-23 8"WL W-13 W-1 INV369.25 INV368.45 INV368.14 77LF 4"SD @1.05% 24LF 4"SD @1.05% 29LF 4"SD @1 .05% @1.05% THREE (3) 36" HDPE PIPES (601LF TOTAL, NOT PERFORATED) TO SERVE AS A DETENTION FACILITY. STRAIGHT GRADE EACH PIPE FROM ITS LOWER END TO ITS UPPER END. BACKFILL WITH PEA GRAVEL AT 90% COMPACTION TO 6" OVER THE PIPES, INSTALL MIRAFI 140N FILTER FABRIC, THEN CONTINUE BACKFILLING WITH NATIVE MATERIAL AT 90% COMPACTION. SEE SHEET C6.3 FOR ADDITIONAL DETAILS FOR THIS BIO-DETENTION BASIN SEE SHEET C6.1 FOR ADDITIONAL DETAILS FOR THIS BIO-DETENTION BASIN SEE SHEET C6.2 FOR ADDITIONAL DETAILS FOR THIS BIO-DETENTION BASIN W-20A INV366.52 INV368.45 4" SD INV367.17 8"W TOP365.95 SS TOP365.47 SS INV366.19 SD TOP365.78 BLDG. INV369.50 INV369.50 U/D COTG I N V 3 6 9 .5 0U/D C O T G CONNECT U/D's I N V 3 6 9 .5 0U/D C O T G I N V 3 6 9 . 5 0 U / D C O T G I N V 3 6 9 . 5 0 U / D C O T G I N V 3 6 9 .5 0U/D C O T G I N V 3 6 9 .5 0U/D C O T G C O N N E C T U /D 's I N V 3 6 9 .5 0U/D C O T G I N V 3 6 9 .5 0U/D C O T G INV369.50 U/D COTG INV369.50U/D COTG 21 7 6 L F 4 " S D @ 0 . 8 3 % 8 6 L F 6 " P V C INV369.16 INV369.64 INV369.75 66LF 4"SD @0.95% #4 #5 #5AB #5A #6 #6AB #6A #6B # 7 #8 #12 #13 #14 #14A #15 #16 #16A #17 #18 #22 #23 #24 #25 #26 #26A #27 #28 #28 #2 9 #30 #29A # 3 0 A #31 #32 #38 #39 #39A #40 #41 #42 #42A #43 #44A #45 #46 #4 5 D #45C #45CA #45B #45BA #4 5 A #4 5 C B #4 5 D A #47 #48 #49 #49A #49B 13LF 4"SD@1.23% #46 #50 #48A #3 #29B #52 7 3 L F 4 "S D @ 2 .4 1 % 2"W W-8 W-19 W-21 1 1 L F 8"W INV362.13 13LF 4"SD 9 4 L F 4 "S S @ 2 .0 0 % S S C O @ F G I N V 3 6 7 .8 3 S -1 0 6 6 L F 4 " S D 6" 10 C/O @ FG C /O @ F G U /D C O T G 6 6 L F 6 " S S @ 1 . 0 0 % PIV 2" 4" 5 .0 0 ' 5 .0 0 ' 5.00' R=392' R=392' R=592' R = 5 9 2 ' R = 3 5 2 ' R=352' R=492' R =4 9 2 ' 72° BEND 25° BEND R=200' R=362.25' 1" 2" 2" 2" W-13 W-13 1"W-19 1" FUT. DOMESTIC WATER. DO NOT INSTALL METER. W-1 2" 2"1" 1" 1"W-21 2" INV369.50 2" 2" S E E L A N D C A P E P L A N S 23 17LF 4"PVC SS @ 3.16% 43LF 4"PVC SS @ 3.16% 38LF 4"PVC SS @ 3.16% 5LF 4"PVC SS @ 3.16% D C B A INV369.76 C/O @ FG CAP GAS FORFUTURE USE CAP GAS FORFUTURE USE HDPE PIPE SHALL BE ADS, OR APPROVED EQUAL, AND CONFORM TO ASTM F2306. CONTRACTOR TO PROVIDE SHOP DRAWINGS FOR APPROVAL PRIOR TO INSTALLATION. 24 I N V 3 6 7 . 4 0 4 "CW IN V 36 8 .2 5 6 "F I R E I N V36 7 .1 2 25 4 2 L F 4 " S D @ 0 . 5 2 % THIS 4"SD UNDER DRIVEWAY TO BE SDR26 8"W INV362.5030"SD TOP361.50 26 2 C6.2 U/D COTG INV368.20 U/D COTGINV368.05 4 "S D I N V 3 6 6 .9 8 6 "S S T O P 3 6 5 .2 1 POTABLE POTABLE 2 0 ° B E N D NO JOINTS IN SS FOR 10' ON BOTH SIDES OF 8"W. USE CLASS 200 (DR14 PER AWWA C900) FOR SS, CENTERED OVER THE 8"W. 4"SS TO BE SLEEVED WITH 8"PVC SDR26, CENTERED OVER THE CROSSING; FILL SLEEVE WITH CONTROLLED DENSITY FILL. 8"W PIPE SEGMENT ALSO TO BE CENTERED ABOUT THE CROSSING. 69LF TWIN 10"SD @0.45% 15LF TWIN 10"SD @0.87% 8 1 LF 1 5 " S D @ 0 . 2 7 % 9 3 L F 1 2 " S D @ 0 . 6 5 % 94LF 10"SD @0.30% IRRIGATION IRRIGATION 40LF 6"SS @ 10.03 % B L D G . I N V 3 6 7 .0 0 W Y E I N V 3 6 5 .4 6 S -1 0 S S C O @ F G . 4 " S S 141LF 6"SS @1.00% S S C O @ F G WYE I NV365. 34 S - 1 0 W-1 W-13 8"WL 6"FIRE 8"WL W-22 WITH TRAFFICLOADING BOX AND R=500' 6"FIRE 45° BEND DOWN8"W INV362.50 45° BEND UP8"W INV361.08 45° BEND DOWN8"W INV 362.50 45° BEND UP8"W INV 358.50 90° BEND INV 361.08 8"INV 361.08 15"SD TOP 361.036"W INV 362.03 4"SS INV 365.066"W TOP 362.53 45° BEND DOWN 6"W INV 362.03 45° BEND UP 6"W INV 361.16 REMOVE (E) 24" HDPE STUBAND CONNECT NEW 15" SDTO (E) MH. INV 359.30±. 11 C2.2 3"CW 3 "C W MINIMUM 1' CLEARAT ALL CROSSINGS 3"CW INV363.706"W TOP 362.53 4" 2" METER 3" BFP 3"CW 15"SD TOP 361.303"CW INV 363.70 4"SS INV 365.513"CW TOP 364.18 30"SD TOP 361.713"CW INV 362.71 INV362.03 INV354.27 INSTALL SAMPLINGMANHOLE PER DSRSDDETAIL S-11 INV354.03; RIM AT FG CONNECT TO (E) 6"SS 12LF 6"PVCSS@2.00% THREE VALVES REMOVE TREES AS REQUIRED 58LF 4" PERF PIPE. MATCH INVERTS OF DETENTION PIPES. R = 7 4 5 ' L = 9 4 ' 25°± BEND 20°± BEND L=96' R=745' 4 " U / D ' s I NV 3 6 5 . 6 4 U /D C O T G I N V 3 6 5 .9 0 U / D C O T G INV366.25 U/D COTG 1 5 L F 8 " S D @ 1 . 0 8 % I N V 3 7 0 .3 2 6 3 L F 4 " S D @ 2 . 0 0 % INV 371.58 RISER 376.20 30LF 4"SD @ 1.12% INV 370.79 RISER 374.80 3 4 L F 8 " S D @ 0 . 8 1 % I N V 3 6 9 . 4 8 1 0 L F 4 " S D @ 2 . 0 0 % 2 3 L F 4 "S D @ 0 .5 2 % I N V 3 6 9 . 6 0 R I S E R 3 7 3 . 5 2 INV 369.68 RISER 374.10 4 "S D @ 3 .0 0 % I N V 3 6 8 .2 1 I N V 3 6 7 .7 1 @ 8 .1 4 %1 4 L F 4 "S D 3 I N L E T S A L L I N V 3 6 8 . 8 5 W Y E S I N T O S I N G L E L I N E . R I S E R S T O E L E V 3 7 3 . 3 5 @ 6 .3 3 %9 L F 4 "S D SEE ARCHITECTURAL PLANS FOR PLINTH INLET. PROVIDE RISER TO ELEVATION SHOWN; TO BE TRIMMED TO GRATE ELEVATION DURING PLINTH INSTALLATION. 1 1 1 1 1 INV 368.78 RISER 373.28 1 1 1" NEW 1" GAS LINE AT 1/4 LB PRESSURE BY CONTRACTOR FOR FIRE PIT STUB OUTS NEW 1" GAS LINE AT 1/4 LB PRESSURE BY CONTRACTOR FOR FIRE PIT STUB OUTS 3" 3" 3" 3" CAP GAS FOR FUTURE 3" 1" 1 " SD I N V 3 6 7 . 8 3 I N V 3 6 7 . 0 4 I N V 3 6 6 . 3 7 I N V 3 6 6 . 0 8 I N V 3 6 6 . 5 8 I N V 3 6 7 . 0 1 I N V 3 6 7 . 8 3 1 1 L F 4 " S D @ 6 . 1 1 % 1 1 L F 4 " S D @ 6 . 1 1 % 2 1 L F 4 " S D @ 3 . 8 9 % 1 1 L F 4 " S D @ 3 . 8 9 % 1 3 L F 4 " S D @ 3 . 8 9 % 1 0 L F 4 " S D @ 3 . 8 9 % 1 -S E E F O R D E T A I L S F O R T H I S P E R F O R A T E D S E C T I O N R E F E R T O 8 /S 1 .1 F O R P I P E A N D F O O T I N G C L E A R A N C E R E Q U I R E M E N T S T U D U D U D U D U D U D U D U D 2 "C W 2 " C W 4 "S S 369 2'-0" CLR. 6 " F I N V 3 6 7 . 0 0 ( C A P ) V A N NO PARKING N O PARKI NG NO PARKING VAN V P LE V VP VP VP LE V LEV LEV VP VP VP VP VP VP VP VP VP VP LEV LEV NOPARKING NO PARKING VP VP V P VP N O P A R K I N G LEV LEV LEV LEV LEV VP VP VP VP VP ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION ELECTRI C VEHICLE CHARGI NG STATION ELEC TRI C VE H ICLE CHARGI NG ST ATI ON ELECTRIC VEHICLE CHARGING STATION ELECTRIC VEHICLE CHARGING STATION LEV LEV LEV LEV LEV VAN NO PARKING VAN N O P A R K I N G ELECTRICVEHICLECHARGINGSTATIONNO PARKING NO PARKING BBBB B B B B 2 A B 1 C 2 A B 1 C GROUPBX GFI GFI GFI LP-31 LP-29 LP-27 GFI LP-25 LP-25 GFI GFI LP-31 LP-27 GFI GFI LP-29 GFI LP-27 GFI LP-25 J J J J J J J J J J J J J J J J J J J J J J J J J J J LS-5 PANEL 'LS' -SEE E5.1 LS-27 (#10) LS-29 (#10) LS-10(#10) LS-10 LS-10 LS-4,6 LS-2,4 LS-2,4 LS-4,6 LS-4,6 LS-2,4 LS-2,4 LS-8 (#10) LS-2,4 LS-18 55LB-55 (#10) 55 55 55 8 18 18 18 16 16 16 16 LS-16,18 (#10) 20 20 20 20 LS-20 (#10) GFI8 G FI 8 G FI8 GFI8 G FI8 J J J J J FIRE LANE (E) POOL STORAGE BUILDING (E) COMPETITION POOL (E) SLIDES (E) ACTIVITY POOL (E) AQUATICS CENTER BUILDING UTILITY SITE PLAN NOTES • CONTRACTOR TO VERIFY ALL UTILITY POINT OF CONNECTION LOCATIONS PRIOR TO BEGINNING WORK. CONTRACTOR TO NOTIFY OWNER AND DESIGN TEAM OF ANY CONFLICTS OF UTILITY LOCATIONS. SITE PLAN SYMBOLS SCOPE OF WORK BOUNDARY 1/4" 1/2" 1" 2" 1 4 8 16 SCALE: 1/8" = 1'-0"SCALE: 1 = 1 1 2 4 8 SCALE: 1/4" = 1'-0" 1 4 8 16 SCALE: 3/32" = 1'-0" 1 2 4 SCALE: 3/16" = 1'-0" 812 SCALE: 3/8" = 1'-0" 412 SCALE: 1/2" = 1'-0" 414816 SCALE: 1/16" = 1'-0" 32 TRUE NORTH PROJECT NORTH JOB NO. DRAWN CHECK SHEET 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 N O T F O R C O N S T R U C T I O N SEAL / SIGNATURE CONSULTANT 11/7/2017 5:34:50 PM A1.1 562.015 Author Checker REFERENCE SITE UTILITY PLAN EM E R A L D G L E N P A R K - C O N C E S S I O N B U I L D I N G 4201 CENTRAL PARKWAY DUBLIN, CA 94568 ISSUE SET 00.00.00 REVISIONS 1" = 30'-0" 1 REFERENCE SITE PLAN 4.7.d Packet Pg. 185 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) FLOOR PLAN GENERAL NOTES • WALL HEIGHTS TYPICAL TO BOTTOM OF FLOOR OR ROOF FRAMING EXCEPT WHERE INDICATED ON PRE- MANUFACTURED BUILDING DESIGN CONSULTANT DRAWINGS • ALL SHEATHING SURFACE PLANES TO BE CONTINUOUS. ALL GYPSUM BOARD PARTITIONS SHALL BE TAPED AND SANDED SMOOTH WITH NO VISIBLE JOINTS. THE CONTRACTOR SHALL PATCH AND REPAIR ALL SURFACES TO MATCH ADJACENT OR ADJOINING SURFACES WHEREVER REQUIRED. • PROTECT FROM FREEZING, INSULATE AND WRAP ALL PLUMBING AND FIRE SPRINKLER PIPES, FITTINGS AND OTHER ITEMS EXPOSED TO AN EXTERIOR WALL/ SOFFIT OR ROOF SURFACE. • PRE-MANUFACTURED BUILDING DESIGN CONSULTANT TO COORDINATE EXACT LOCATION AND DESIGN OF FLOORING AND EQUIPMENT LAYOUT WITH OWNER PRIOR TO INSTALLATION. • PROVIDE FIRE BLOCKING AND DRAFT STOPPING AT ALL UNSPRINKLERED COMBUSTIBLE CONSTRUCTION IN STUD WALLS, CONCEALED SPACES, FURRED AREAS (10'-0" MAX. HORIZONTAL AND VERTICAL INTERVALS) AT FLOOR / CEILING AND ROOF / CEILING AND OTHER LOCATIONS PER CBC 717.2 • FOR INTERIOR FINISHES, SEE FINISH SCHEDULE FE FLOOR PLAN SYMBOLS 5'-0" DIA. WHEELCHAIR CLEARANCE 30" X 48" WHEELCHAIR CLEARANCE WALL TYPE -SEE PARTITION SCHEDULE A9.2 101 WINDOW TYPE -SEE SCHEDULE A7.1 DOOR TYPE -SEE SCHEDULE A7.1 ROOM NUMBER 101 WALL FRAMING, SEE PARTITION SCHEDULE SEMI RECESSED FIRE EXTINGUISHER CABINET WITH CLASS K FIRE EXTINGUISHER. 1 W 6 A A CR CARD READER, SEE HARDWARE INFORMAITON AND SPECIFICAITONS 110 GFCI EXTERIOR OUTLET WITH LOCKABLE COVER, U.N.O. SLAB PLAN SYMBOLS HB WATER CONNECTION TYPICAL FLOOR SINK, SEE PRE- MANUFACTURED BUILDING DESIGN CONSULTANT HOLE IN SLAB FOR FLOOR SAFE, CONTRACTOR TO PROVIDE AND INSTALL FLOOR SAFE CURB, CMU BLOCK CUT TO 3" WITH 1/2" MORTAR BED SLAB PLAN GENERAL NOTES • FOR UNDERGROUND UTILITY LOCATIONS SEE SITE PLAN SHEET A1.1 • FOR ALL FINISH GRADES, S.L.D. • VERIFY LOCATION AND HEIGHTS OF HARDSCAPE SLABS WITH LANDSCAPE PRIOR TO SETTING BUILDING PAD. 1 1 A A B B C C 2 2 HB 28 ' - 0 " 6'- 0 " 5'-6 1/4" 5'-2" 14'-7 19/32" 29'-0" 14 ' - 0 " U.N.O. 7 5/8" TYP. CONTRACTOR TO PROVIDE AND INSTALL FLOOR SAFE, SEE EQUIPMENT SCHEDULE SHEET A2.3 A5.1 A5.1 A8.1 2C 4 2 1 1 A A A5.1 1 A5.13 2 A6.1 2 A6.1 3 A6.1 3 A6.1 2B 2A 2D B B C C 2 2 1 A6.1 1 A6.1 A8.1 1A 1B 1C 1D 2'-4"19'-7"6'-9" 1'- 9 " 9'- 9 " 2'- 6 " 14 ' - 0 " 28'-8" - W 6 A - W 4 A - W 6 A 9'- 9 " F.E.C. - W 4 A (E) FENCE, TYP. 125 101-2 125 101-1 125 101-3 1 2 CT-21 28'-8" 3 14 ' - 0 " 14 ' - 0 " 486 SF CONCESSIONS 101A CR 22.01 22.02 22.02 22.03 22.03 22.03 22.04 22.04 A7.1 2 A7.1 3 A9.2 25 W 6 A FINISH PLAN NOTES • SEE FLOOR PLAN AND INTERIOR ELEVATION FOR FINISH MATERIALS. • ALL FLOORS TO BE CT-21, U.O.N. • ALL CEILING TO BE FRC-1, U.O.N. • PAINT LAYERING: (1) PRIMER; (2) PAINT COLOR • PROVIDE PAINT BRUSHOUTS TO ARCHITECT FOR REVIEW PRIOR TO START OF WORK. • PROVIDE FINISH SAMPLES OF ALL TILE & GROUT TO ARCHITECT FOR REVIEW PROIR TO PURCHASE AND INSTALLATION. • ALL ELECTRICAL COVER PLATES ON ACCENT WALLS SHALL BE PAINTED TO MATCH ACCENT WALL • THROUGHOUT KITCHEN, SLOPE TILE FOR POSITIVE DRAINAGE TO FLOOR DRAINS, MIN. 1/16" PER FOOT • ALL RECESSED WALL CABINETS SHALL BE PAINTED TO MATCH ACCENT WALL. FINISH: SEMI-GLOSS • FOR WALL FINISH INFORMATION NOT SHOWN SEE INTERIOR ELEVATIONS • FOR CEILING FINISH INFORMATION SEE REFLECTED CEILING PLAN FINISH PLAN SYMBOLS INTERIOR FINISH MATERIAL, SEE A7.1CT-21 TRUE NORTH PROJECT NORTH JOB NO. DRAWN CHECK SHEET 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 N O T F O R C O N S T R U C T I O N SEAL / SIGNATURE 11/7/2017 5:34:54 PM A2.1 562.015 LM GM SLAB PLAN FLOOR PLAN EM E R A L D G L E N P A R K - C O N C E S S I O N B U I L D I N G 4201 CENTRAL PARKWAY DUBLIN, CA 94568 ISSUE SET 00.00.00 1/4" = 1'-0" 2 SLAB PLAN 0 8 164 0 8 164 REVISIONS 1/4" = 1'-0" 1 FLOOR PLAN KEYNOTE LEGEND 22.01EXTERIOR OUTLET WITH LOCKABLE COVER 22.02ELECTRICAL TO BLANK COVER PLATE 22.03COVER PLATE AT 5' ELEVATION ON WALL 22.04DOWNSPOUT PROVIDED BY PRE-MANUFACTURED BUILDING DESIGN CONSULTANT 4.7.d Packet Pg. 186 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) 1 1 A B C 2 2 14 ' - 0 " 14 ' - 0 " EQ - 21 EQ - 04 EQ - 02 EQ - 30 29 36 36 EQ - 28 EQ - 35 EQ - 01 EQ - 34 EQ - 03 EQ - 18 SINGLE HOOD ABOVE SERVING GRILL AND FRYERS EQ - 16 EQ - 22 EQ - 23 28 ' - 0 " EQ - 01 WINDOW A PICK-UP FOOD WINDOW B ORDER FOOD EQ - 20 WINDOW C ORDER AND PICK-UP FOOD EQ - 02 (E) FENCE, TYP. EQ - 25 EQ - 34 EQ - 34 EQ - 32 EQ - 31 EQ - 02 EQ - 11EQ - 07EQ - 05 EQ - 38 EQ - 12 EQ - 08 EQ - 15 EQ - 14 EQ - 13 EQ - 06 EQ - 19 EQ - 18 EQ - 26 EQ - 27 ON SHELF ABOVE COUNTER EQ - 09 5'-0" EQ - 39 5'-6" EQ - 14 EQ - 17 EQ - 10 EQ - 10 4'-0"4'-0"4'-11"4'-0"11'-9" EQ -10 EQ - 37 EQ - 37 40 EQ - 01 I.T. EQ - 41 MIN. 1'- 0 " UTILITY EQ - 42 EQ - 43 16 ' - 6 " 9'- 9 " 1'- 9 " EQ - 10 28'-8" EQ -24 ELECTRICAL PANEL, PROVIDED BY PRE-MANUFACTURED BUILDING DESIGN CONSULTANT EQUIPMENT PLAN NOTES • O.F.O.I. OWNER FURNISHED OWNER INSTALLED • V.F.V.I. PRE-MANUFACTURED BUILDING DESIGN CONSULTANT FURNISHED, PRE- MANUFACTURED BUILDING DESIGN CONSULTANT INSTALLED • C.F.C.I.CONTRACTOR FURNISHED CONTRACTOR INSTALLED 1 2 SCALE: 1/2" = 1'-0" 4 TRUE NORTH PROJECT NORTH JOB NO. DRAWN CHECK SHEET 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 N O T F O R C O N S T R U C T I O N SEAL / SIGNATURE CONSULTANT 11/7/2017 5:34:56 PM A2.3 562.015 LM GM EQUIPMENT PLAN AND SCHEDULE EM E R A L D G L E N P A R K - C O N C E S S I O N B U I L D I N G 4201 CENTRAL PARKWAY DUBLIN, CA 94568 ISSUE SET 00.00.00 1/2" = 1'-0" EQUIPMENT PLAN 0 8 164 PLUMBING FIXTURES TYPE MARKMANUFACTURERMODEL DESCRIPTION TYPE COMMENTSCOMMENTS 29 ADVANCE 9-0-20 AND K240 MOP SINK WITH MOP RACK K-242V.F.V.I. 36 WATTS FS-7128 Inch Square x 6 Inch Deep Sanitary Floor Sink V.F.V.I. 36 WATTS FS-7128 Inch Square x 6 Inch Deep Sanitary Floor Sink V.F.V.I. 40 ADVANCE 94-K6-54-18D CORNER TWO DRAIN BOARDS V.F.V.I. REVISIONS SPECIALTY EQUIPMENT TAG NO.DESCRIPTION MANUFACTURERMODEL NO.NOTES COMMENTS EQ - 01CASH REGISTER --PROVIDE POWER AND WIRED INTERNET CONNECTION O.F.O.I. EQ - 02TRASH CAN RUBBERMAIDFG354060GRAY23 GAL SLIM JIM, GRA C.F.C.I. EQ - 03PRETZEL HOLDER --J&J SNACKFOODS O.F.O.I EQ - 04COUNTER TOP SOFT SERVE MACHINE SPACEMAN6235AH O.F.O.I. EQ - 05COFFEE MACHINE BUNN SH-DUAL-DBC-00 00 C.F.C.I. EQ - 06CUSTOM SS COUNTER (NO BACKSPLASH) PEACH CULINARYCUSTOMCUSTOM 42" HIGH SS COUNTERTOP WITH SHELVES BELOW (NO BACKSPLASH C.F.C.I. EQ - 07PLASTIC UTENSILS, STRAWS, ETC DISPENSER ---O.F.O.I EQ - 08CUSTOM SS SERVING COUNTER PEACH CULINARYCUSTOM30" X 78" SS COUNTER WITH 1 SHELF BELOW AND 1 SHELF ABOV C.F.C.I. EQ - 09HEAT LAMP --C.F.C.I. EQ - 10WALL SHELVES JOHN BOOSEWS8-1296 V.F.V.I. EQ - 111 CU. FT. PROGRAMMABLE MICROWAVE AMANA RC22S2 C.F.C.I. EQ - 12CUSTOM SS COUNTERTOP (WITH BACKSPLASH) PEACH CULINARYCUSTOMCUSTOM LENGTH SS COUNTER C.F.C.I. EQ - 13FUNNEL CAKE FRYER PARAGON INTERNATIONAL PARAFRYER 4400 C.F.C.I. EQ - 14COUNTER TOP FRYERGLOBE PF16E C.F.C.I. EQ - 1536" ELECTRIC COUNTER TOP GRIDDLE GMCW EL1636 C.F.C.I. EQ - 16PANINI PRESS SIRMAN CORT LL O.F.O.I EQ - 17SANDWICH TABLE TURBO AIRMST-72 C.F.C.I. EQ - 18HAND SINK Advance Tabco7-PS-87-1X V.F.V.I. EQ - 19PRODIGY PLUS ICE MACHINE 356LB PRODUCTION SCOTSMANC0322 WITH MODULAR BIN B9485 (ALLOWS FOR FUTURE EXPANSION TO DOUBLE PRODUCTION) C.F.C.I. EQ - 20SODA TOWER -8V_KO MAY REQUIRE SS TABLE BELOW O.F.O.I EQ - 21BIB RACK --O.F.O.I EQ - 22WORK TABLE (WITH BACKSPLASH) 24" X 48" --C.F.C.I. EQ - 23PREP SINK WELDED ON WORK TABLE ADVANCE (1) TA-11B SINKS V.F.V.I. EQ - 24TYPE I HOOD V.F.V.I. EQ - 25UNDER SINK GREASE INTERCEPTOR --V.F.V.I. EQ - 26CUSTOM SS COUNTER--20" X 28" SS COUNTER WITH 1 SHELF BELOW C.F.C.I. EQ - 27WATER HEATER --V.F.V.I. EQ - 28CHEMICAL UNIT --O.F.O.I EQ - 30FLY FAN BERNER ASR-1-36 V.F.V.I. EQ - 313 DOOR FRIDGE TURBO AIRM3R72-3 C.F.C.I. EQ - 322 DOOR FREEZER TRUE T-49F C.F.C.I. EQ - 34DRY GOOD STORAGE NEXEL S1848Z 18x48 C.F.C.I. EQ - 35CO2 --O.F.O.I EQ - 37UNDER COUNTER FREEZERTRUE TUC - 60F - HC C.F.C.I. EQ - 38STAINLESS STEEL STORAGE CABINET ADVANCE TABCOHDRC-306 C.F.C.I. EQ - 39CUSTOM SS COUNTER ON ROLLERS --18" X 60" SS COUNTER WITH 1 SHELF BELOW C.F.C.I. EQ - 411 DOOR FRIDGE TRUE T-23-HC C.F.C.I. EQ - 42LARGE FLOOR SAFE PROTEX SAFE COIF-2500C C.F.C.I. EQ - 43IT RACK --C.F.C.I. 8 INCH SQUARE X 6 INCH DEEP SANITARY FLOOR SINK 8 INCH SQUARE X 6 INCH DEEP SANITARY FLOOR SINK ADVANCE EQ -# # 4.7.d Packet Pg. 187 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) ELEVATION GENERAL NOTES • SEE FINISH SCHEDULE FOR EXTERIOR FINISH MATERIALS • PAINT ALL EXPOSED MATERIAL SURFACES • ALL EXTERIOR FINISH TO BE U.O.N. • ALL EXTERIOR PAINT TO BE U.O.N. • ALL ROOFS TO BE U.O.N. • ALL GUTTER AND DOWNSPOUTS TO BE PAINTED TO MATCH ADJACENT SIDING • FOR FINISHES RELATED TO HARDSCAPE AND SITE ACCESSORIES S.L.D. • FOR ALL DOORS AND WINDOWS SEE SCHEDULE • FOR ALL T.O.R., T.O.W. AND T.O.P. HEIGHTS SEE ROOF PLAN • FOR TYPICAL PLASTER EXPANSION JOINTS, CENTER AT OPENINGS AND ALIGN WITH ARCHITECTURAL FRAMING. • ALL MECHANICAL VENT/LOUVERS ARE TO BE FLAME AND EMBER RESISTANT CP-1 PNT-1 RF-1 GROUND FLOOR 0" ROOF 9'-0" TOP OF PARAPET 12'-4" 1 3 A6.1 FCB-2 CP-1 PNT-1 TY P . 4'- 0 " 2 PNT-3 FCB-2 FCB-2 CP-2 PNT-4 1'- 0 " 8'- 8 1 / 2 " 3 1 / 2 " 2 A9.2 11 A9.2 SIM TYP. 2" GROUND FLOOR 0" ROOF 9'-0" TOP OF PARAPET 12'-4" 1 3 A6.1 FCB-1 CP-1 PNT-1 TY P . 4'- 0 " 2 CP-1 PNT-2 FCB-1 FCB-1 FCB-1 GROUND FLOOR 0" ROOF 9'-0" TOP OF PARAPET 12'-4" A2 A6.1 FCB-1 CP-1 PNT-1 BC1 A6.1 FCB-2 FCB-2FCB-2 CP-1 PNT-4 1'- 0 " 8'- 1 0 " GROUND FLOOR 0" ROOF 9'-0" TOP OF PARAPET 12'-4" A 2 A6.1 FCB-1 CP-1 PNT-1 FCB-2 TY P . 4'- 0 " B C 1 A6.1 PNT-2 FCB-2FCB-2 1 4 8 16 SCALE: 1/8" = 1'-0"PROJECT NORTH JOB NO. DRAWN CHECK SHEET 5865 Owens Drive Pleasanton, CA 94588 925-251-7200 N O T F O R C O N S T R U C T I O N SEAL / SIGNATURE CONSULTANT 11/7/2017 5:34:56 PM A5.1 562.015 LM GM EXTERIOR ELEVATIONS EM E R A L D G L E N P A R K - C O N C E S S I O N B U I L D I N G 4201 CENTRAL PARKWAY DUBLIN, CA 94568 ISSUE SET 00.00.00 1/4" = 1'-0" 1 NORTH 1/4" = 1'-0" 2 SOUTH 1/4" = 1'-0" 3 EAST 1/4" = 1'-0" 4 WEST 0 8 164 0 8 164 0 8 164 0 8 164 REVISIONS 4.7.d Packet Pg. 188 At t a c h m e n t : 4 . F l o o r P l a n a n d R e n d e r i n g o f t h e C o n c e s s i o n s B u i l d i n g ( S t r u c t u r e ) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount pk0105.9400.9402 - Improvements $1,300,000 3500.9501.49999 (Transfers In)$1,300,000 pk0105.4105 (4105.9501.89101) - PFF - Community Buildings - Transfers Out $1,100,000 pk0105.6605 (6605.9501.89101) - IT Fund- Transfers Out $150,000 pk0105.2212 (2212.9501.89101) -ACTC Vehicle Registration Fee - Transfers Out $50,000 11/21/2017 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Purchase of a pre-manufactured concessions building and closeout of the original improvements are funded by Public Facilities Fund; fiber network connection between the Civic Center and the Wave is funded by the Information Technology Fund and ACTC - Vehicle Registration Fee Fund. REASON FOR BUDGET CHANGE FISCAL YEAR 2017-18 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT City Council's Approval Required EXP: Emerald Glen Recreation and Aquatic Complex - Improvements \\cc-uem\users\carolines\appdata\roaming\iqm2\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\2701 2701 4.7.e Packet Pg. 189 At t a c h m e n t : 5 . B u d g e t C h a n g e F o r m ( S t r u c t u r e ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Schaefer Ranch Lot 70 General Plan Amendment, Conditional Use Permit to Amend the Planned Development Zoning, Site Development Review Permit and Lot Line Adjustment (PLPA-2017-00024) Prepared by: Martha Battaglia, Associate Planner EXECUTIVE SUMMARY: The City Council will consider a request by Schaefer Ranch Holdings LLC (Discovery Builders) for entitlements to increase the size of the undeveloped lot 70 located at 7931 Ridgeline Place. The proposal is to convert 0.35 acres of adjacent land currently designated as Open Space to Single-Family Residential. Lot 70 is planned to continue to have only one single-family home. The application includes a General Plan Amendment, a Conditional Use Permit to amend the Planned Development Zoning, Site Development Review Permit, and a Lot Line Adjustment. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and adopt the following Resolutions: 1) Approving a General Plan Amendment for approximately 0.35 acres located within Schaefer Ranch; 2) Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District for Schaefer Ranch; and 3) Approving a Site Development Review Permit to Allow for Site Improvements within Schaefer Ranch. FINANCIAL IMPACT: No financial impact to the City. All costs associated with this request are borne by the Applicant. DESCRIPTION: Schaefer Ranch is an area of approximately 500 acres located generally at the westerly boundary of the city limits north of the Interstate 580 and south of the unincorporated area of Alameda County, near the intersection of Schaefer Ranch Road and Dublin Boulevard as shown on the vicinity map below. Schaefer Ranch is generally bounded by hillside open space to the north, east and west, some of which is owned by 6.1 Packet Pg. 190 Page 2 of 4 the Schaefer Ranch Geologic Hazard Abatement District (GHAD), has been dedicated to the East Bay Regional Parks District or placed in permanent conservation easements. All of the homes within Schaefer Ranch have been completed except for the 18 homes in Unit 3 (at the terminus of Dublin Boulevard) and lot 70, which is the subject of this Staff Report. Vicinity Map Discovery Builders is requesting approval to increase the size of undeveloped lot 70 located at 7931 Ridgeline Place by 0.35 acres. The proposal is to convert 0.35 acres of adjacent land currently designated as Open Space to Single-Family Residential as shown below. This open space area adjacent to lot 70 is currently owned by the Schaefer Ranch GHAD. If the proposed project is approved, the Applicant will acquire the land from the Schaefer Ranch GHAD and combine it with lot 70. Lot 70 would continue to include only one single-family residence. The Applicant Existing Configuration Proposed Configuration 6.1 Packet Pg. 191 Page 3 of 4 anticipates constructing their single-story “Early Californian” (Plan B1) on lot 70 in accordance with the approved Site Development Review Permit for this neighborhood. The following is a brief overview of the requested entitlements. Please refer to the Planning Commission Staff Report (Attachment 1) for a complete analysis of the project. • General Plan Amendment – To change approximately 0.35 acres from Open Space to Single-Family Residential (Attachment 2). • Conditional Use Permit – To make a minor amendment to the Planned Development Zoning District to change the zoning of approximately 0.35 acres from Open Space to Single-Family Residential and corresponding changes to the Stage 2 Development Plan (Attachment 3). • Site Development Review – To allow improvements to the project site and adjacent open space parcel, which include creating and landscaping a 12’ wide all weather access, front yard landscaping, and constructing rear yard f encing (Attachment 5). • Lot Line Adjustment – To adjust the boundaries of lot 70 to incorporate the 0.35 acres of vacant land. PLANNING COMMISSION REVIEW: The Planning Commission held a Public Hearing on October 24, 2017, to review the proposed project. The Planning Commission recommended that the City Council deny the project based on concerns about the loss of public open space; no evidence of public benefit resulting from action; and concern that the approval could set a precedent for other homeowners to increase their lot size by incorporating adjacent open space (Attachments 7 and 8). Prior to the Planning Commission Meeting, the City received a letter of opposition to project from the resident of Lot 71 located at 7928 Ridgeline Place (Attachment 9). PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project. 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. ENVIRONMENTAL REVIEW: The impacts of the Schaefer Ranch project were analyzed in an environmental impact report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and subsequent addendums approved in 2008 and 2016. The EIR assumed 474 dwelling units. The addendum approved by the City Council in 2016 anticipated the Schaefer Ranch 6.1 Packet Pg. 192 Page 4 of 4 Unit 3 project as well as the proposed General Plan Amendment to convert the subject 0.35 acres of Open Space to Single-Family Residential to increase the area of lot 70. No further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR for the Schaefer Ranch project, and the subsequent addendums. ATTACHMENTS: 1. Planning Commission Staff Report dated October 24, 2017 without attachments 2. City Council Resolution Approving a General Plan Amendment for Approximately 0.35 acres Located within Schaefer Ranch 3. City Council Resolution Approving a Conditional Use Permit for a Minor Amendment to the Planned Development Zoning District 4. Exhibit A to Attachment 3 5. City Council Resolution Approving a Site Development Review Permit to Allow for Site Improvements within Schaefer Ranch 6. Exhibit A to Attachment 5 7. Draft Planning Commission Minutes dated October 24, 2017 8. Planning Commission Resolution 17-11 Recommending that the City Council Deny the Project 9. Letter of Opposition from the Resident at 7928 Ridgeline Place 6.1 Packet Pg. 193 STAFF REPORT PLANNING COMMISSION DATE: October 24, 2017 TO: Planning Commission SUBJECT: Schaefer Ranch Lot 70 General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning, Site Development Review Permit and Lot Line Adjustment (PLPA-2017-00024) Report prepared by Martha Battaglia, Associate Planner EXECUTIVE SUMMARY: The Applicant, Schaefer Ranch Holdings LLC (Discovery Builders) is requesting approval to increase the size of the undeveloped lot 70 (7931 Ridgeline Place) by approximately 0.35 acres. The proposal is to convert 0.35 acres of adjacent land currently designated as open space to Single-Family Residential. Lot 70 is planned to continue to have only one single-family home. The application includes amendments to the General Plan, Planned Development Zoning and Site Development Review Permit, and a Lot Line Adjustment. RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt the following Resolutions: a) Recommending that the City Council approve a General Plan Amendment for approximately 0.35 acres located within Schaefer Ranch; b) Recommending that the City Council approve a Conditional Use Permit for a minor amendment to the Planned Development Zoning District (Ordinance No. 11-06) for Schaefer Ranch; and c) Recommending that the City Council approve the Site Development Review Permit to allow for site improvements within Schaefer Ranch including a 12 foot wide roadway, landscaping and fencing. PROJECT DESCRIPTION: Schaefer Ranch is an area of approximately 500 acres located generally at the westerly boundary of the city limits north of the Interstate 580 and south of the unincorporated area of Alameda County, near the intersection of Schaefer Ranch Road and Dublin Boulevard as shown on the vicinity map below. Schaefer Ranch is generally bounded by hillside open space to the north, east and west, some of which has been dedicated to the East Bay Regional Parks District or placed in permanent conservation easements. 6.1.a Packet Pg. 194 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) Vicinity Map Planning for the Schaefer Ranch project area was initially addressed in the Western Extended Planning Area Amendment to the General Plan adopted in 1992 and annexation to the City in 1996. The original Schaefer Ranch project approvals anticipated 474 single-family homes. The area has gone through a series of amendments and refinements since the initial approvals. In 2006, Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 11-06) and Site Development Review (Resolution No. 06-17) were approved including the layout and site plan for four neighborhoods. In 2008, portions of Schaefer Ranch located south of Dublin Boulevard were amended, revising the Development Regulations and reconfiguring the subdivision. Subsequently in 2016, Schaefer Ranch Unit 3, located at the western terminus of Dublin Boulevard, was amended to allow 18 single-family detached homes. The resulting approvals for Schaefer Ranch now allow 418 homes. All of these homes have been constructed except for the 18 homes in Unit 3 and lot 70, which is the subject of this Staff Report. Current Request Discovery Builders is requesting approval to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by 0.35 acres. The proposal is to convert 0.35 acres of adjacent land currently designated as Open Space to Single-Family Residential. The open space areas adjacent to lot 70 are owned by the Schaefer Ranch Geologic Hazard Abatement District (GHAD), including the 0.35 acres that is proposed to be combined with lot 70. If the proposed project is approved, the Applicant will acquire the land from the Schaefer Ranch GHAD and combine it with lot 70. Lot 70 would continue to include only one single-family residence. The Applicant anticipates constructing the Early Californian (Plan B1) on lot 70 per the approved SDR. The current request for the proposed project includes the following entitlements: 6.1.a Packet Pg. 195 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) • General Plan Amendment – To change approximately 0.35 acres from Open Space to Single-Family Residential (0.9 to 6 units per acre). • Conditional Use Permit – To make a minor amendment to the Planned Development Zoning District to change the zoning of approximately 0.35 acres from Open Space to Single-Family Residential and corresponding changes to the Stage 2 Development Plan. • Site Development Review – To allow improvements to the project site and adjacent open space parcel, which include creating and landscaping a 12’ wide all weather access, front yard landscaping, and constructing rear yard fencing. • Lot Line Adjustment – To adjust the boundaries of lot 70 to incorporate the 0.35 acres of vacant land. ANALYSIS: General Plan Amendment The Applicant proposes to amend the General Plan to change the land use designation of approximately 0.35 acres from Open Space to Single-Family Residential in order to increase the size of lot 70. Lot 70 would continue to be allowed to have only one single- family home. The proposed General Plan Amendment would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, or 0.51 acres. The proposed lot size is within the PD Single-Family Residential land use designation (.9 – 6 dwelling units per acre). 5.1 EXISTING LAND USE PROPOSED LAND USE A Resolution recommending City Council approval of a General Plan Amendment as proposed is included as Attachment 1 with the draft City Council Resolution included as Exhibit A. Conditional Use Permit – PD Amendment The Applicant proposes to change the Planned Development Zoning (Ordinance 11-06) of the 0.35 acres from PD-Open Space to PD-Single-Family Residential to ensure consistency with the proposed General Plan land use designation. In addition, corresponding modifications to the Stage 2 Development Plan, including the Site Plan, 6.1.a Packet Pg. 196 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) Fencing Master Plan, and Front Yard Plan are proposed to be consistent with the change in parcel configuration. Minor amendments to PD zoning, such as those proposed for this project, may be approved by means of a Conditional Use Permit if it can be found that the amendment substantially complies with and does not materially change the provisions or intent of the Planned Development Zoning. The Applicant is requesting approval of a Conditional Use Permit for the proposed amendments to the Planned Development Zoning District. A Resolution recommending that the City Council approve the amendments to the Planned Development Zoning District is included as Attachment 2 with the draft City Council Resolution included as Exhibit A. Site Development Review As proposed, lot 70 will have an expanded front yard and backyard landscape areas. Front yard landscaping will be installed by Discovery Builders when the single-family residence is constructed. The approved landscape plan for this neighborhood included approved plantings for typical lots. The reconfigured lot 70 does not match any of the typical lots; therefore, the Applicant has prepared a landscape plan for lot 70 as part of the amended SDR. The landscaping proposed for the front yard is consistent with the plant palate previously approved for this neighborhood in the original SDR. The Schaefer Ranch GHAD reviewed the proposed project and is requiring an access road adjacent GHAD parcel. The access road will be 12 feet wide of all-weather surface with 4 f eet of landscaping on each side. A 20-foot wide strip located between lot 70 and lot 71 will be maintained to provide access to the GHAD parcel. A Condition of Approval requires the Applicant to construct a 12-foot wide all-weather surface access road and four feet of landscaping on both sides of this access road. The plants that will be installed adjacent to the access road include Coast Rosemary and Indian Hawthorn, which is consistent with the existing plant palate for Neighborhood B. The fences for lot 70 will match the previously approved good neighbor fence between the private property and a view fences between private property and open space areas. The location of the fences will be changed to be consistent with the revised lot 70 configuration. A Resolution recommending that the City Council approve the Site Development Review is included as Attachment 3 with the draft City Council Resolution attached as Exhibit A. The landscape plan is attached to the City Council Resolution. Lot Line Adjustment If the proposed project is approved, the Applicant will file an application for a Lot Line Adjustment (LLA) with the Community Development Director. The LLA will be reviewed for conformance with City regulations, including the Subdivision Map Act, General Plan and zoning as amended. If the LLA is found to be in conformance, the LLA will be approved by the Community Development Director. CONSISTENCY WITH GENERAL PLAN & ZONING ORDINANCE: The proposed amendment to the General Plan and Planned Development Zoning reflect land uses that are compatible with the existing neighborhood character. The 5.1 6.1.a Packet Pg. 197 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) proposed project will not result in any additional residential units within Schaefer Ranch. The minor amendments to the Planned Development zoning and Site Development Revie w are consistent with the requested land use amendments. The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project has been designed to be compatible with adjacent and surrounding development. REVIEW BY APPLICAB LE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies are included in the Resolution approving Site Development Review (Attachment 3, Exhibit A). PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners a nd occupants within 300 feet of the proposed project. A public notice also was published in the East Bay Times and posted at several locations throughout the City. The letter is included as Attachment 4. A copy of this Staff Report has been provided to t he Applicant. The City received a letter in opposition of the project from the resident at 7928 Ridgeline Place (lot 71). ENVIRONMENTAL REVIEW: The impacts of the Schaefer Ranch project were analyzed in an environmental impact report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and subsequent addendums approved in 2008 and 2016. The EIR assumed 474 dwelling units. The addendum approved by the City Council in 2016 anticipated the Schaefer Ranch Unit 3 project as well as the proposed General Plan Amendment to convert the subject 0.35 acres of Open Space to Single-Family Residential to increase the area of lot 70. No further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR for Schaefer Ranch project, and the subsequent addendums. ATTACHMENTS: 1. Planning Commission Resolution Recommending City Council Approval of a General Plan Amendment 1a. Exhibit A to Att 1 Draft City Council Resolution Approving a General Plan Amendment 2. Planning Commission Resolution Recommending City Council Approval of a Conditional Use Permit 2a. Exhibit A to Att 2 Draft City Council Resolution Approving a Conditional Use Permit 5.1 6.1.a Packet Pg. 198 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) Page 6 of 6 2b. Exhibit A to Draft City Council Resolution Approving a Conditional Use Permit 3. Planning Commission Resolution Recommending City Council Approval of a Site Development Review Permit 3a. Exhibit A to Att 3 Draft City Council Resolution Approving a Site Development Review Permit 3b. Exhibit A to Draft City Council Resolution Approving a Site Development Review Permit 4. Letter from Resident at 7928 Ridgeline Place 6.1.a Packet Pg. 199 At t a c h m e n t : 1 . P l a n n i n g C o m m i s s i o n S t a f f R e p o r t d a t e d O c t o b e r 2 4 , 2 0 1 7 w i t h o u t a t t a c h m e n t s ( S c h a e f e r R a n c h L o t 7 0 ) ` Page 1 of 3 RESOLUTION NO. xx - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING A GENERAL PLAN AMENDMENT FOR APPROXIMATELY 0.35 ACRES LOCATED WITHIN SCHAEFER RANCH (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11-06) and Site Development Review, and approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, consistent with California Government Code Section 65352.3, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The impacts of the Schaefer Ranch project were analyzed in an Environmental Impact Report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”)) and in subsequent Addendums in 2008 and 2016; and WHEREAS, in 2016, the City Council approved an Addendum to the 1996 EIR for properties in Unit 3 and a 1.14-acre area at the end of Ridgeline Place (Unit 1), which included the 0.35 acres proposed to be combined with lot 70 . The 2016 Addendum was approved by the City Council on June 7, 2016; and WHEREAS, no further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR and subsequent Addendums prepared for the Schaefer Ranch project; and 6.1.b Packet Pg. 200 At t a c h m e n t : 2 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a G e n e r a l P l a n A m e n d m e n t f o r A p p r o x i m a t e l y 0 . 3 5 a c r e s L o c a t e d w i t h i n S c h a e f e r R a n c h ` Page 2 of 3 WHEREAS, on October 24, 2017, the Planning Commission adopted Resolution 17-11 (incorporated herein by reference) recommending that the City Council deny the project approvals which include the General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan and Site Development Review Permit for Schaefer Ranch Lot 70 based on the following: 1) Loss of public open space; 2) no evidence of public benefit resulting from action; and 3) Concern that the approval could set a precedent for other homeowners to increase their lot size by incorporating adjacent open space; and WHEREAS, on November 21, 2017, the City Council held a properly noticed public hearing to consider the Project, including the proposed General Plan amendment, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated November 21, 2017, and incorporated herein by reference described and analyzed the project for the City Council and recommended approval of the General Plan amendment for the Project; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth prior to taking any action on the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council hereby approves the proposed amendment to the General Plan to change the land use designation of 0.35 acres from Open Space to Single-Family Residential and amend the Land Use Map (Figure 1-1) based on findings that the amendments are in the public interest and that the General Plan as so amended will remain internally consistent. Existing Land Uses Proposed Land Uses 6.1.b Packet Pg. 201 At t a c h m e n t : 2 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a G e n e r a l P l a n A m e n d m e n t f o r A p p r o x i m a t e l y 0 . 3 5 a c r e s L o c a t e d w i t h i n S c h a e f e r R a n c h ` Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 21st day of November, 2017 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\CC Hearing 11.21.17\CC Attchmnts\Att 2 City Council Resolution Approving a General Plan Amendment for approximately 0.35 acres located within Schaefer Ranch.doc 6.1.b Packet Pg. 202 At t a c h m e n t : 2 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a G e n e r a l P l a n A m e n d m e n t f o r A p p r o x i m a t e l y 0 . 3 5 a c r e s L o c a t e d w i t h i n S c h a e f e r R a n c h ` Page 1 of 4 RESOLUTION NO. xx - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT FOR SCHAEFER RANCH (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11-06) and Site Development Review, and approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, the proposal to amend the Planned Development Zoning Stage 2 Development Plan includes changing the zoning of the subject 0.35-acre area from PD-Open Space to PD-Single-Family Residential, and corresponding changes to the Overall Site Plan (Sheet S.2), Neighborhood B Site Plan (Sheet SB.11), Fencing Master Plan (Sheet LB.2) and Cul-de-sac Enlargement (Sheet LB.4) as shown in Exhibit A; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The impacts of the Schaefer Ranch project were analyzed in an Environmental Impact Report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and in subsequent Addendums in 2008 and 2016; and WHEREAS, in 2016, the City Council approved an Addendum to the 1996 EIR for properties in Unit 3 and a 1.14-acre area at the end of Ridgeline Place (Unit 1), which included the 0.35 acres proposed to be combined with lot 70 . The 2016 Addendum was approved by the City Council on June 7, 2016; and WHEREAS, no further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR and subsequent Addendums prepared for the Schaefer Ranch project; and 6.1.c Packet Pg. 203 At t a c h m e n t : 3 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a C o n d i t i o n a l U s e P e r m i t f o r a M i n o r A m e n d m e n t t o t h e P l a n n e d D e v e l o p m e n t Z o n i n g D i s t r i c t ` Page 2 of 4 WHEREAS, on October 24, 2017, the Planning Commission adopted Resolution 17-11 (incorporated herein by reference) recommending that the City Council deny the project approvals which include the General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan and Site Development Review Permit for Schaefer Ranch Lot 70 based on the following: 1) Loss of public open space; 2) no evidence of public benefit resulting from action; and 3) Concern that the approval could set a preceden t for other homeowners to increase their lot size by incorporating adjacent open space; and WHEREAS, on November 21, 2017 the City Council held a properly noticed public hearing to consider the Project, including the proposed Conditional Use Permit, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated November 21, 2017 and incorporated herein by reference described and analyzed the project for the City Council and recommended approval of the Conditional Use Permit for the Project; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth prior to taking any action on the project. WHEREAS, on November 21, 2017, following a public hearing the City Council adopted Resolution xx-17 approving a General Plan Amendment to change the land use designation of approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the City Council does hereby find, regarding the Conditional Use Permit for minor amendment to the Planned Development Stage 2 Development Plan that: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that 1) the proposed project would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, which is within the Single-Family Residential land use designation; and 2) the proposed project is allowed under the permitted use for the site as PD Single-Family residential as outlined in Ordinance No. 11-06. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that 1) the proposed development will meet all of the standards within the PD-Single-Family Residential zoning district; 2) lot 70 is planned to continue to only have one single- family home; and 3) access will continue to be maintained to the parcels by the Schaefer Ranch Geologic Hazard Abatement District. C. The proposed amendment will not be injurious to property or improvements in the neighborhood in that: 1) the proposed development will meet all of the standards within the PD-Single-Family Residential Zoning District; and 2) the project includes a 6.1.c Packet Pg. 204 At t a c h m e n t : 3 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a C o n d i t i o n a l U s e P e r m i t f o r a M i n o r A m e n d m e n t t o t h e P l a n n e d D e v e l o p m e n t Z o n i n g D i s t r i c t ` Page 3 of 4 roadway to provide access to the adjacent Schaefer Ranch Geologic Hazard Abatement District parcel. D. The proposed amendment will allow adequate provisions for public access, water, sanitation, and public utilities to ensure that the proposed use and related structure(s) will not be detrimental to the public health, safety, and welfare in that: 1) all infrastructure needed to serve the project site has already been constructed; and 2) access will continue to be maintained to the parcels by the Schaefer Ranch Geologic Hazard Abatement District. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the proposed modifications to the Planned Development Zoning District do not change the residential use, physical character, or intensity of development approved by PA 06-031; and 2) lot 70 will continue to have one single-family residence that is consistent with the surrounding neighborhood. F. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for PA 06-031 and Related Planned Development Plan in that: 1) the project will meet the intent and be subject to the development regulations and the performance standards adopted with the Stage 2 Planned Development zoning ordinance (Ordinance 11-06). G. The proposed amendment is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the proposed project would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, which is consistent with the Single-Family Residential land use designation. H. In accordance with Chapter 8.32.080, a finding is hereby made that the requested amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. BE IT FURTHER RESOLVED, that the Dublin City Council does hereby approve the Conditional Use Permit for a minor amendment to the Planned Development Zoning District (Ordinance 11-06) Stage 2 Development Plan for Schaefer Ranch to change the zoning of the subject 0.35 acre area from PD-Open Space to PD-Single Family Residential, and corresponding changes to the Overall Site Plan (Sheet S.2), Neighborhood B Site Plan (Sheet SB.11), Fencing Master Plan (Sheet LB.2) and Cul-de-sac Enlargement (Sheet LB.4) as shown in Exhibit A of this Resolution. 6.1.c Packet Pg. 205 At t a c h m e n t : 3 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a C o n d i t i o n a l U s e P e r m i t f o r a M i n o r A m e n d m e n t t o t h e P l a n n e d D e v e l o p m e n t Z o n i n g D i s t r i c t ` Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 21st day of November, 2017 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\CC Hearing 11.21.17\CC Attchmnts\Att 3. City Council Resolution Approving a Conditional Use Permit for a minor amendment to the Planned Development Zoning District.doc 6.1.c Packet Pg. 206 At t a c h m e n t : 3 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a C o n d i t i o n a l U s e P e r m i t f o r a M i n o r A m e n d m e n t t o t h e P l a n n e d D e v e l o p m e n t Z o n i n g D i s t r i c t TRACT 6765 - SCHAEFER RANCH 1 inch = ft. ( IN FEET ) GRAPHIC SCALE LEGEND ABBREVIATIONS RIDGELINE PLACE 7931 RIDGELINE PLACE LOT 70 PLAN B1- 3,155 SF LOT SF - 21,016 SF NOTES: LANDSCAPE AREA :3,012 SF LOT COVERAGE:18.8% GROUND FLOOR AREA: 3,952 SF APN: 941-2834-34 6.1.d Packet Pg. 207 At t a c h m e n t : 4 . E x h i b i t A t o A t t a c h m e n t 3 ( S c h a e f e r R a n c h L o t 7 0 ) Page 1 of 11 RESOLUTION NO. xx-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A SITE DEVELOPMENT REVIEW PERMIT TO ALLOW FOR SITE IMPROVEMENTS WITHIN SCHAEFER RANCH (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11-06) and Site Development Review Permit, and approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Site Development Review Permit includes improvements to lot 70 and the adjacent open space parcel. The improvements include a 12’ wide all-weather access, landscaping and changes to the fence locations; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, the applicant proposes to construct and landscape a 12-foot-wide access roadway, front yard landscaping, and fencing as shown on plans prepared by MD Fotheringham & Associates received September 21, 2017 (attached as Exhibit A); and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The impacts of the Schaefer Ranch project were analyzed in an Environmental Impact Report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”)) and in subsequent Addendums in 2008 and 2016; and WHEREAS, in 2016, the City Council approved an Addendum to the 1996 EIR for properties in Unit 3 and a 1.14-acre area at the end of Ridgeline Place (Unit 1), which included the 0.35 acres proposed to be combined with lot 70 . The 2016 Addendum was approved by the City Council on June 7, 2016; and WHEREAS, no further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR and subsequent Addendums prepared for the Schaefer Ranch project; and 6.1.e Packet Pg. 208 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 2 of 11 WHEREAS, a Staff Report dated October 24, 2017 was submitted to the City of Dublin Planning Commission recommending City Council approval of the Project, including the Site Development Review; and WHEREAS, on October 24, 2017, the Planning Commission adopted Resolution 17-11 (incorporated herein by reference) recommending that the City Council deny the project approvals which include the General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan and Site Development Review Permit for Schaefer Ranch Lot 70 based on the following: 1) Loss of public open space; 2) no evidence of public benefit resulting from action; and 3) Concern that the approval could set a precedent for other homeowners to increase their lot size by incorporating adjacent open space; and WHEREAS, a Staff Report dated November 21, 2017 and incorporated herein by reference, described and analyzed the Project, including the proposed Site Development Review Permit, for the City Council; and WHEREAS, on November 21, 2017, the City Council held a duly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council did hear and use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth before approving the Project. WHEREAS, following the public hearing, the City Council adopted Resolution xx-17 approving an amendment to the General Plan and adopted Resolution xx-17 approving a Conditional Use Permit to approve a minor Amendment to the Planned Development Zoning District. The above resolutions are incorporated herein by reference and are available for review at City Hall during normal business hours; and NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes the following findings and determinations regarding the proposed Site Development Review for improvements to lot 70 and the adjacent Open Space parcel. Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and any applicable Specific Plans and design guidelines because: 1) the project will be consistent with the architectural character and scale of development in the area; 2) the project is consistent with the General Plan land use designations of Single- Family Residential; and 3) the project complies with the development standards established in the Planned Development ordinance for the Project. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to orderly, attractive, and harmonious site and structural development compatible with the intended use, proposed subdivision, and the surrounding properties. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project completes the established 6.1.e Packet Pg. 209 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 3 of 11 neighborhood as originally intended; and 2) the project will contribute to housing opportunities as a complement to the surrounding neighborhoods. D. The subject site is suitable for the type and intensity of the approved development because: 1) the Project development envelope is tailored to protect the hillsides which are designated for open space and provide proper drainage; 2) the Project will implement all applicable prior adopted mitigation measures; and 3) the project site is fully served by public services and existing roadways. E. Impacts to existing slopes and topographic features are addressed because : 1) the Project is required to comply with all previously adopted mitigation measures designed to ensure slope stability; 2) grading on the site will ensure that the site drains away from any structures and complies with the Regional Water Quality Control Board requirements. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the Project provides a high degree of design and landscaping to complement existing uses in the area. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the proposed landscape palate is consistent with the su rrounding properties; 2) landscaping is being added adjacent to the GHAD access road; and 3) the project will conform to the Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) project site is served by existing roadways and no changes are proposed; 2) bicyclists and pedestrians will retain property circulation through the surrounding homes; and 3) the project will provide access to the adjacent GHAD parcel. BE IT FURTHER RESOLVED that the Dublin City Council hereby approves the Site Development Review Permit for site improvements within Schaefer Ranch lot 70 and on the adjacent Open Space parcel. The improvements include a 12-foot-wide roadway, landscaping and fencing as shown on plans prepared by MD Fotheringham & Associates received September 21, 2017, attached as Exhibit A, and subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. 6.1.e Packet Pg. 210 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 4 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: GENERAL – SITE DEVELOPMENT REVIEW 1. Approval. This Site Development Review approval is for Schaefer Ranch lot 70 and adjacent GHAD access area, PLPA-2017-00024. The improvements include a 12’ wide all weather road to provide access to the adjacent GHAD parcel, landscaping of the access area and front yard of lot 70 and fencing. This Site Development Review shall generally conform to the project plans submitted by Apex Civil Engineering & Land Surveying dated September 28, 2017 and the project plans submitted by MD Fotheringham Landscape Architects dated September 21, 2017, on file in the Community Development Department, and other plans, text, and diagrams relating to this application, unless modified by the Conditions of Approval contained herein. This approval is subject to approval of the companion General Plan Amendment and related Conditional Use Permit to amend the Planned Development Zoning. PL On-going 2. Permit Expiration. Approval of this Site Development Review Permit shall be valid for one year from the effective date. Construction shall commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. PL One Year After Effective Date 3. Time Extension. The original approving decision-maker may, upon the Applicant’s written request for an extension of approval prior to expiration, upon the determination that all Conditions of Approval remain adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. PL Prior to Expiration Date 4. Compliance. The Applicant/Property Owner shall operate this use in compliance with the Conditions of Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance and Grading Ordinance and all building and fire codes in effect at the time of building permit . Any violation of the terms or conditions specified may be subject to enforcement action. PL, PW On-going 5. Revocation of Permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 6. Requirements and Standard Conditions. The Applicant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Various Building Permit Issuance 6.1.e Packet Pg. 211 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 5 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Division, indicating that all applicable conditions required have been or will be met. 7. Required Permits. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Building Permit Issuance 8. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Flood Control and Water Connection fees; or any other fee that may be adopted and applicable. Various Building Permit Issuance 9. Indemnification. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/ Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. ADM On-going 10. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. Various On-going 11. Clean-up. The Applicant/Developer shall be responsible for clean- up and disposal of project related trash to maintain a safe, clean and litter-free site. PL On-going 12. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. PL On-going 6.1.e Packet Pg. 212 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 6 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 13. Security Requirements. The Applicant/Developer shall comply with all applicable City of Dublin Non-Residential Security requirements. PL Building Permit Issuance & On-going LANDSCAPING 14. Final Landscape and Irrigation Plan. A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. PL Building Permit Issuance 15. Root Barriers and Tree Staking. The landscape plans shall provide details showing root barriers for street trees and tree staking will be installed which meet current City specifications. PL Building Permit Issuance 16. Plant Clearances. All trees planted shall meet the following clearances: a. 6' from the face of building walls or roof eaves. b. 7’ from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains. d. 15' from stop signs, street or curb sign returns 20’ from either side of a streetlight. PL Building Permit Issuance 17. Irrigation System Warranty. The Applicant/Developer shall warranty the irrigation system and planting for a period of one year from the date of installation. The Applicant/Developer shall submit for the Dublin Community Development Department approval, a landscape maintenance plan for the Common Area landscape including a reasonable estimate of expenses for the first five years. PL Building Permit Issuance 18. Shrubs. All shrubs shall be continuously maintained including pruning and regular watering. If at any time the shrubs throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Community Development Director. PL On-going 19. Trees. The property owner shall continually maintain all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this project shall show normal growth to the reasonable satisfaction of the Community Development Director. If the trees have not shown normal growth, the property owner shall replace the trees to the reasonable satisfaction of the Community Development Director. PL On-going 20. Water Efficient Landscaping Ordinance. Water Efficient Landscaping Regulations. The Applicant/Developer shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. The Applicant/Developer shall submit written documentation to the Community Development Director (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City’s Water Efficient Landscaping Ordinance. PL Occupancy 6.1.e Packet Pg. 213 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 7 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: BUILDING & SAFETY 21. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B Through Completion 22. Retaining Walls. All retaining walls over 30 inches in height and in a walkway shall be provided with guardrails. All retaining walls with a surcharge or 36 inches without a surcharge shall obtain permits and inspections from the Building & Safety Division. B Through Completion 23. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. B Building Permit Issuance 24. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Building Permit Issuance 25. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public review with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the PD text. B Occupancy 26. Temporary Fencing. Temporary construction fencing shall be installed along the perimeter of all exterior work under construction. B Through Completion 27. Addressing. a. Addresses will be required on the front of the dwelling. b. Address signage shall be provided as per the Dublin Residential Security Code. c. Exterior address numbers shall be backlight and be posted in such a way that they may be seen from the street. B Prior to Occupancy 28. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Scheduling the Final Frame Inspection 29. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Building Permit Issuance 6.1.e Packet Pg. 214 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 8 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: 30. Green Building. Prior to final, the project shall submit a completed checklist with appropriate verification that all Green Building Code requirements have been installed. Homeowner Manual – if Applicant takes advantage of this point the Manual shall be submitted to the Green Building Official for review or a third party reviewer with the results submitted to the City. Landscape plans shall be submitted to the Green Building Official for review. Developer may choose self-certification or certification by a third party as permitted by the Dublin Municipal Code. Applicant shall inform the Green Building Official of method of certification prior to release of the first permit in each subdivision / neighborhood. B Building Permit Issuance 31. Solar Zone – CA Energy Code. Show the location of the Solar Zone on the site plan. Detail the orientation of the Solar Zone. This information shall be shown in the plan check on the site plan and roof plan. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion 32. Wildlife Management. The project is located in a W ildfire Management area and shall meet those additional code requirements. B Through Completion PUBLIC WORKS – GENERAL 33. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. PW Approval of Improvement Plans 34. Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. PW Approval of Improvement Plans 35. Damage/Repairs. Applicant/Developer shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with development of the project. PW Occupancy 36. Site Plan. On-site improvements shall be designed in accordance with the approved site plan, entitled “7931 Ridgeline Place Lot 70 (Plan B1 3,010 SF) Tract 6765 – Schaefer Ranch” by Apex Civil Engineering & Land Surveying (dated September 28, 2017, and landscape plans entitled “Schaefer Ranch Lot 70” by MD Fotheringham Landscape Architects dated September 21, 2017, and these Conditions of Approval. The following notes shall be added to the plans: a. Add a “CALL BEFORE YOU DIG! Contact Underground Service Alert (USA) at 1-800-227-2600 at least 2 working days before PW Building Permit Issuance 6.1.e Packet Pg. 215 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 9 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: excavating.” b. Unless otherwise noted on the plans, finished ground surfaces shall be graded to drain the finished site properly within 10-feet of any building foundation with a slope of 5% away from any building or structure. All exterior hardscape within 10-feet of a building foundation shall be installed with a 2% minimum slope away from any building or structure. Drainage swales shall be a 1.5% minimum slope. All graded slopes shall have a maximum slope of 3H to 1V (33%), unless shown otherwise on the plans. c. Lot grading shall conform at the property lines and shall not slope toward property lines in a manner which would cause storm water to flow onto neighboring property. Historic drainage patterns shall not be altered in a manner to cause drainage problems to neighboring property. d. New rainwater downspouts shall direct runoff to a landscaped area or as recommended by the Soils Engineer. Downspouts may be connected to a pop-up drainage emitter in the landscaped area or may drain to splash blocks or cobblestones that direct water away from the building. e. Contractor to field verify existing drainage. If the existing drainage system is damaged during excavation, contractor shall repair and/or reroute drainage system and connect to existing drainage facility as necessary. f. Existing public improvements that are damaged by the project construction shall be repaired or replaced. Existing damaged public improvements within the project limits shall be repaired or replaced, even if the damaged occurred prior to the start of construction. 37. Grading/Sitework Permit. The Applicant /Developer shall obtain a Grading/Sitework Permit from Public Works Department for all site improvement or grading work. The Grading/Sitework Permit will be based on the final approved set of Civil plans and will not be issued until all plan check comments have been resolved. A copy of the Grading/Sitework Permit application may be found on the City’s website at: http://www.ci.dublin.ca.us/DocumentCenter/View/12218 The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. PW Issuance of Grading/ Sitework Permit & During Construction 38. Storm Drain Easement. A 10-foot wide Storm Drain Easement that follows the alignment of the existing 18” Storm Drain line within the proposed lot 70 parcel has been previously recorded. Landscaping improvements and other hardscape improvements may be permitted over the Storm Drain Easement with City Engineer approval. PW Building Permit Issuance 39. GHAD Parcel Access. A 12-foot wide all-weather surface access road with a structural section designed to support HS20 loading and 4-foot wide landscaping on either side of the access road will be provided to the GHAD parcel will be provided in the 20-foot wide strip located between lot 70 and lot 71. a. A 10-foot wide driveway approach that meets current ADA requirement shall be constructed at the beginning of the GHAD PW Building Permit Issuance 6.1.e Packet Pg. 216 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 10 of 11 CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Access on Ridgeline Place. b. 16-foot wide gate shall be installed into the existing barbed-wire fencing at the western terminus of the access road. PUBLIC WORKS – CONSTRUCTION 40. Erosion Control During Construction. Applicant/Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City’s NPDES permit between October 1st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. PW Issuance of Grading/ Sitework Permit & During Construction 41. Construction Hours. Construction and grading operations shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:00 p.m. The Applicant Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for Saturday and/or holiday work. PW During Construction 42. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. PW During Construction & Occupancy 43. Construction Noise Management Plan. Applicant/Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes, and identify a noise monitor. Specific noise management measures shall be included in project plans and specifications. PW During Construction & Grading Activities 6.1.e Packet Pg. 217 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h Page 11 of 11 PASSED, APPROVED, AND ADOPTED this 21st day of November, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\CC Hearing 11.21.17\CC Attchmnts\Att 5. City Council Resolution Approving a Site Developmet Review Permit to allow for site improvements within Schaefer Ranch.doc 6.1.e Packet Pg. 218 At t a c h m e n t : 5 . C i t y C o u n c i l R e s o l u t i o n A p p r o v i n g a S i t e D e v e l o p m e n t R e v i e w P e r m i t t o A l l o w f o r S i t e I m p r o v e m e n t s w i t h i n S c h a e f e r R a n c h 6.1.f Packet Pg. 219Attachment: 6. Exhibit A to Attachment 5 (Schaefer Ranch Lot 70) PLANNING COMMISSION MINUTES Tuesday, October 24, 2017 Planning Commission October 24, 2017 Regular Meeting Page | 1 A Regular Meeting of the Dublin Planning Commission was held on Tuesday, October 24, 2017, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Commission Vice Chair Bhuthimethee. 1. Call to Order and Pledge of Allegiance At tendee Name Title Status Scott Mittan Commission Chair Absent T ara Bhuthim ethee Commission Vice Chair Present Am it Kothari Planning Comm issioner Present Sam ir Qureshi Planning Comm issioner Present Stephen W right Planning Comm issioner Present 2. Oral Communications 2.1. Public Comment No public comments were made. 3. Consent Calendar 3.1. Approve the Minutes of the September 26, 2017 Planning Commission Meeting. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Stephen Wright, Planning Commissioner SECOND: Samir Qureshi, Planning Commissioner AYES: Bhuthimethee, Kothari, Qureshi, Wright ABSENT: Scott Mittan, Commission Chair 3. Written Communication - None. 6.1.g Packet Pg. 220 At t a c h m e n t : 7 . D r a f t P l a n n i n g C o m m i s s i o n M i n u t e s d a t e d O c t o b e r 2 4 , 2 0 1 7 ( S c h a e f e r R a n c h L o t 7 0 ) Planning Commission October 24, 2017 Regular Meeting Page | 2 4. Public Hearing 5.1. Schaefer Ranch Lot 70 General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning, Site Development Review Permit and Lot Line Adjustment (PLPA-2017-00024) Martha Battaglia, Associate Planner, made a presentation and responded to questions posed by the Commission. Commission Vice Chair Bhuthimethee opened the public h earing. Noelle Ortland, Applicant Representative from Discovery Builders, made a presentation and responded to questions posed by the Commission. Commission Chair Bhuthimethee closed the public hearing. The Planning Commission provided comments on the p roject. The Commissioners expressed concern about the loss of public open space, no evidence of a community benefit resulting from this action, and concern that an approval could set a precedent for other homeowners to increase their lot size by incorporating adjacent open space. On motion of Commissioner Wright, Seconded by Commissioner Qureshi, and by unanimous vote (Commissioner Chair Mittan being absent), the Commission adopted: RESOLUTION NO. 17 - 11 RECOMMENDING THAT THE CITY COUNCIL DENY THE PROPOSED GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT FOR SCHAEFER RANCH LOT 70 (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 5. Unfinished Business - None. 6. New Business - None. 8. 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). 6.1.g Packet Pg. 221 At t a c h m e n t : 7 . D r a f t P l a n n i n g C o m m i s s i o n M i n u t e s d a t e d O c t o b e r 2 4 , 2 0 1 7 ( S c h a e f e r R a n c h L o t 7 0 ) Planning Commission October 24, 2017 Regular Meeting Page | 3 Jeff Baker, Assistant Community Development Director, informed the Commission that the next Planning Commission Meeting will be held on November 14, 2017. 9. Adjournment The meeting was adjourned by Commission Vice Chair Bhuthimethee at 7:49 p.m. Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director 6.1.g Packet Pg. 222 At t a c h m e n t : 7 . D r a f t P l a n n i n g C o m m i s s i o n M i n u t e s d a t e d O c t o b e r 2 4 , 2 0 1 7 ( S c h a e f e r R a n c h L o t 7 0 ) RESOLUTION NO. 17 - 11 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL DENY THE PROPOSED GENERAL PLAN AMENDMENT, CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT FOR SCHAEFER RANCH LOT 70 (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11-06) and Site Development Review Permit, and staff level approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, a Planning Commission Staff Report, dated October 24, 2017 and incorporated herein by reference, described and analyzed the; and WHEREAS, the Planning Commission reviewed the Staff Report at a noticed public hearing on October 24, 2017, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use its independent judgement and considered all said reports, recommendations, and testimony hereinabove set forth prior to making a recommendation on the project; and WHEREAS, projects that are denied are exempt from environmental review pursuant to Section 15061 (b)(4) of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the above recitals are true and correct and made part of this resolution; and BE IT FURTHER RESOLVED that the Dublin Planning Commission hereby recommends that the City Council deny the project approvals which include the General Plan Amendment, Conditional Use Permit to amend the Planned Development Zoning Stage 2 Development Plan and Site Development Review Permit for Schaefer Ranch Lot 70 based on the following: 1) Loss of public open space; 2) no evidence of public benefit resulting from action; and 3) Concern that 6.1.h Packet Pg. 223 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 1 1 R e c o m m e n d i n g t h a t t h e C i t y C o u n c i l D e n y t h e P r o j e c t ( S c h a e f e r R a n c h L o t 7 0 ) Page 2 of 2 the approval could set a precedent for other homeowners to increase their lot size by incorporating adjacent open space. PASSED, APPROVED AND ADOPTED this 24th day of October 2017 by the following vote: AYES: Bhuthimethee, Kothari, Qureshi, Wright NOES: ABSENT: Mittan ABSTAIN: Planning Commission Chair ATTEST: ________ Assistant Community Development Director G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\PC Hearing.10.24.17\PC Reso Rec Denial Schaefer Lot 70.DOC 6.1.h Packet Pg. 224 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n 1 7 - 1 1 R e c o m m e n d i n g t h a t t h e C i t y C o u n c i l D e n y t h e P r o j e c t ( S c h a e f e r R a n c h L o t 7 0 ) 6.1.i Packet Pg. 225 At t a c h m e n t : 9 . L e t t e r o f O p p o s i t i o n f r o m t h e R e s i d e n t a t 7 9 2 8 R i d g e l i n e P l a c e ( S c h a e f e r R a n c h L o t 7 0 ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Automated License Plate Recognition System Update and Video Technology Overview Prepared by: Victor Fox, Lieutenant Dublin Police Services EXECUTIVE SUMMARY: The City Council will receive a report on the status of Automated License Plate Recognition (ALPR) systems which were purchased by Dublin Police Services (DPS) in 2016. The City Council will also receive an overview of additional video surveillance technologies to further assist Dublin Police Services with investigations and situational awareness. STAFF RECOMMENDATION: Receive the report on the status of the current ALPR system. FINANCIAL IMPACT: No financial impact at this time. Funding is available in the General Fund Reserve for Innovations and New Opportunities to purchase additional video surveillance technologies once Staff identifies a product which will best meet the needs of the City. DESCRIPTION: On June 21, 2016, the City Council passed resolution 118-16, which authorized Dublin Police Services to procure and install six vehicle-mounted Automated License Plate Recognition (ALPR) systems, two radar trailer-mounted ALPR systems, and six fixed pole-mounted ALPR systems from Vigilant Solutions. This project has since been completed with a total cost of $309,376. The ALPR technology uses optical character recognition on images to read vehicle registration plates. Once the license plate image is captured it is stored and categorized by timestamp and location of the obtained image. The ALPR system has the ability to automatically run license plates through law enforcement databases to determine if the vehicle is stolen, whether there is a subject associated to the vehicle who has an arrest warrant, is on probation, or reported as missing. The ALPR software runs concurrent with a program called Target Alert Service (TAS), which notifies the 7.1 Packet Pg. 226 Page 2 of 4 officer(s) who can take appropriate action if the vehicle is located. The first phase of this project was the installation of ALPR systems in six Dublin Police Services patrol vehicles and two mobile radar trailers. Each patrol vehicle is equipped with two forward facing and one rear facing ALPR camera. This gives the system the ability to read vehicle license plates in multiple lanes of traffic, as well as vehicles which are parked or are driving in the opposite direction as the patrol unit. The six patrol units are assigned to specific staff members who are assigned to both day and night shift seven days a week. The radar trailer-mounted ALPR systems are each equipped with two ALPR cameras which enable the system to monitor multiple lanes of traffic. The Dublin Police Services Traffic Unit is responsible for moving the trailers to predetermined areas of the City to conduct speed surveys for traffic enforcement. The trailers can also be moved to major ingress and egress routes within the City for investigative purposes. The final phase of this project was the installation of six fixed pole-mounted ALPR systems within the City. The six locations for these systems are located in areas with high traffic volume, including major intersections and at an ingress point for a commercial shopping area. These are single camera locations which can only monitor one lane of traffic. As of October 2017, the vehicle and trailer-mounted ALPR systems have detected and scanned approximately 1.8 million license plates. Of these detections, approximately 140 of the vehicles were identified by law enforcement databases as being stolen. Since the installation of the fixed ALPR camera systems, approximately 4.3 million license plates have been detected, including 207 vehicles reported stolen in the DOJ database. DPS patrol and investigations units have made twelve (12) arrests for stolen vehicle possession as a direct result of the ALPR alerts system. DPS has also recovered six (6) unoccupied stolen vehicles which were generally located in parking stalls of commercial shopping areas or residential parking lots. The ALPR system has also been instrumental in helping solve several felony criminal cases related to grand theft and robbery. The ALPR systems have been a successful investigative tool to identify criminal suspects and their associated vehicle(s). Investigators and patrol officers not only have the ability to research a vehicle based on the data collected by DPS, but from other agencies who utilize Vigilant Solutions as well. DPS also has access to the Northern California Regional Intelligence Center (NCRIC), which maintains a database of license plate images which have been collected by ALPR systems throughout Northern California. This sort of information sharing, allows patrol officers and investigators to research suspect license plates for vehicle descriptions, as well as the geographical areas in Northern California that it has been located. All images are time-stamped and pinpointed on Google Maps for reference. For auditing and security purposes, all user activity in the ALPR system is tracked and requires a case number or justification to view stored data. 7.1 Packet Pg. 227 Page 3 of 4 Although the current ALPR cameras have been successful in numerous criminal cases, DPS has found the system has certain limitations. Research indicates that the most advantageous locations to place fixed pole-mounted ALPR systems are on major intersections as well as ingress/egress locations throughout the City. Through research and experience with the current system, each ALPR camera only has the capacity to consistently capture license plates from a single lane of traffic. Therefore, should the City wish to monitor a major intersection, such as Dublin Boulevard and Dougherty Road, a total of 28 ALPR cameras would need to be installed to capture all lanes, including turn lanes at that intersection. Each camera would have an approximate purchase/installation cost of $25,000 in addition to an ongoing annual maintenance cost. In addition to coverage limitations, DPS has seen an increase in crimes being committed in vehicles with either dealership paper plates or no plates at all. The ALPR systems do not recognize dealership paper plates, and although they will recognize rental vehicles, often times these vehicles are rented under fraudulent means and the renter cannot be identified. Although California law requires license plates to be displayed on the front of the vehicle, not all vehicle owners adhere to the law. DPS staff believes that another technological resource which should be explored is the utilization of high-resolution, Situation Awareness cameras (Sitcams). Staff has seen cameras operating at a level of 1080p (“p” for progressive scanning) or greater, which have the capability of capturing license plates on moving vehicles in both day and nighttime conditions. Staff has also seen cameras that can zoom or enhance the recording area to record license plate numbers and faces of the vehicle occupants. The use of these cameras at major intersections and other key ingress/egress locations could lessen the amount of ALPR’s needed in these areas as they are able to record a much larger area with more information and less fiscal impact. The Sitcams capture real-time footage to allow an intersection to be reviewed for vehicles traveling in all lanes of traffic, not just those with an ALPR system. DPS staff is working with potential vendors to identify and evaluate potential options for the procurement of Sitcams as a tool to further crime prevention efforts and supplement our existing ALPR system. The costs of Sitcams is dependent upon many variables to include area topography, data storage, technological infrastructure, installation costs, and recurring annual fees for licensing and storage. DPS staff has currently identified sixteen (16) intersections in the City as potential locations for Sitcams. These include a majority of all ingress/egress routes as well as residential areas located off main thoroughfares. Staff also believes adding six (6) additional ALPR’s in key locations which are not currently covered will complement the current system. Funding for these purchases has been identified in the General Fund Reserve for Innovations and New Opportunities. Staff will continued to work with vendors to identify video technology which best meets the needs of the City. Once identified, Staff will return to the City Council with a full report of system abilities as well as costs and a procurement recommendation. 7.1 Packet Pg. 228 Page 4 of 4 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 7.1 Packet Pg. 229 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Downtown Dublin Specific Plan Progress Report Prepared by: Amy Million, Principal Planner EXECUTIVE SUMMARY: The City Council will receive a progress report on the implementation of the Downtown Dublin Specific Plan since its adoption in 2011. The presentation will include an overview of the Specific Plan, a discussion of the existing conditions and obstacles to Downtown development, and a discussion regarding future improvements and private investment in the area. This item was originally scheduled for the October 17, 2017, Regular City Council meeting and was moved by the City Council to a future meeting. STAFF RECOMMENDATION: Receive the presentation and provide feedback and direction as appropriate on the topics discussed. FINANCIAL IMPACT: None. DESCRIPTION: The Downtown Dublin Specific Plan (DDSP) was originally adopted by the City Council in 2011. This planning document provides a vision for reinvestment and improvements to the Downtown area. The DDSP consists of a comprehensive set of guiding principles, standards, and design guidelines that will implement the vision for future development in Downtown Dublin over a 20-year period. The City Council will receive a progress report on the implementation of the Specific Plan. At this meeting, Staff will make a presentation to the City Council that will cover the following topic areas: 1. Specific Plan Overview: Discuss the development of the DDSP, review the vision and goals of the document, and review the community benefit program and development pool. 8.1 Packet Pg. 230 Page 2 of 2 2. Existing Conditions and Implementation: Review property ownership patterns in Downtown Dublin, review the changing retail environment, and discuss input received from retail and redevelopment experts, including the Urban Land Institute Technical Advisory Panel. 3. Development Successes: Highlight the improvements that have been completed since the Plan was adopted. 4. Public and Private Investment: Discuss actions to further improve the Downtown over the next five years. This includes City-sponsored programs and incentives, public investment, re-tenanting existing buildings, and identification of key opportunity sites for new private development. 5. City Council Feedback and Discussion: At the July 18 and September 19, 2017 City Council meeting, Dublin residents requested that the City Council consider the formation of a citizen committee to evaluate the DDSP. The City Council, at its July meeting, requested that any discussion regarding the DDSP also leave open the option to discuss the formation of a committee. On September 15, 2017, the Urban Land Institute reached out to the City's Economic Development staff and offered to convene another Technical Assistance Panel to evaluate the DDSP progress and make further recommendations as needed. Staff is seeking direction from the City Council about this proposed evaluation. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not Applicable. ATTACHMENTS: None. 8.1 Packet Pg. 231 Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Potential Large Dog Park Discussion Prepared by: James M Rodems, Parks and Community Services Director EXECUTIVE SUMMARY: The City Council will discuss the potential of establishing a large dog park location in east Dublin, as a follow up to a request made at the July 18, 2017 City Council meeting. STAFF RECOMMENDATION: Receive report and provide further direction. FINANCIAL IMPACT: There is no financial impact associated with this discussion item. Costs associated with the construction of a large dog park would be budgeted into the overall project costs of new park development. DESCRIPTION: At the July 18, 2017 City Council meeting, Staff was directed to look into potential sites for a new large dog park, preferably on the east side of Dublin that could be accommodated in a new park project. Staff researched previous discussions on the topic of a large dog park and identified a report brought to City Council on August 20, 2013 (Attachment 1). This report cites survey results from 625 respondents regarding the quality of parks and park amenities and included a specific section regarding dog parks. At the time of the 2013 report, it was suggested that a new dog park be located within the Jordan Ranch Community Park. This action was agreed upon by City Council consensus with no vote taken. Since this report, the Community Park evolved into a school/park site making the addition of a dog park at this location infeasible. 8.2 Packet Pg. 232 Page 2 of 2 Following the July 18, 2017 City Council meeting, Parks and Community Services Staff worked with the Facilities Development Staff to identify potential sites that could accommodate a two-acre dog park and required adjacent infrastructure. After evaluating all possible sites and related constraints, Staff believes that the most feasible location for a large dog park would be the future community park at Wallis Ranch. The site includes three separate parkland areas and one of these areas could serve, in part, as a large dog park location. If the City Council were to agree with the location proposed by Staff, the large dog park concept would be factored into the overall planning process and development of the park. Currently, the City’s Capital Improvement Program anticipates work to begin on this park in Fiscal Year 2020-21. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. August 20, 2013 City Council Staff Report 8.2 Packet Pg. 233 STAFF REPORT CITYCLERK File #290-30CITYCOUNCIL DATE:August20, 2013 TO: HonorableMayorandCityCouncilmembers FROM: JoniPattillo, CityManager SUBJECT: Community ParkSurveyandDogParkRecommendations PreparedbyPaulMcCreary, ParksandCommunityServicesDirectorandJacqui Diaz, SpecialProjectsManager EXECUTIVESUMMARY: TheParks andCommunityServicesDepartment conducteda “CommunityParksSurvey” during JanuaryandFebruary2013. Thesurveyincludedquestionsabout thequalityofparksandthe Department’sservices, inquiriesastoparkamenitiesdesired, andaspecificsectiondedicated todogparksandamenitiesforthefuture. Therewere625respondentstothesurvey. Staffwill provideasummaryoftheresultsandrecommendationsonafuturedogparkineasternDublin. FINANCIAL IMPACT: Theestimatedthecosttodevelopa2.0-acredogparkwithinthecommunity parkis $1.1million, andthecostofthoseimprovementswouldbefundedusingPublicFacilitiesFees, notthe GeneralFund. RECOMMENDATION: StaffrecommendstheCityCouncilreceivethereportanddetermine whethertoconstruct anotherdogpark, andifso, select JordanRanchCommunityParkasthepreferredpotential developmentsiteforafuturedogpark SubmittedBy ReviewedBy DirectorofParks and AssistantCityManager Community Services DESCRIPTION: TheParks andCommunityServicesDepartment conducteda “CommunityParksSurvey” during JanuaryandFebruary2013. Thesurveyincludedquestionsofthequalityofparksandthe Department’sservices, inquiries as topark amenitiesdesired, andaspecificsectiondedicated todogparks andamenitiesforthefuture. TheonlinesurveywasavailablethroughtheCity’s websiteandwaspublicized through thelocalmediaaswellasplacedintheannualCityReport ITEM NO. 8.2Page1of6 8.2.a Packet Pg. 234 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) andtheSpringActivityGuide. Signsadvertising thesurveywerepostedinallparksand includedaQuickResponse (QR) Codesothatvisitorscouldeasilytakethesurveyfroma smartphone. Previousclassparticipantswerealsoemailedthesurveytoobtaintheiropinions. Therewere625respondentstothesurvey. Thesurveyaskedfortherespondent’szipcode; therewere531respondents tothisquestionresultinginthevastmajoritybeingDublinresidents and1.6% asnon-residents. Overalltheparksarevaluedandconsidered ofgoodqualitybytherespondentswith91% being extremely ormoderately satisfied withtheirexperiencevisitingDublin parks. Thisincludes the qualityofsportsfields, generalcleanliness, andsafetybothintheCityparksandontrailsandin openspaceareas. ThemajorityofrespondentsindicatedtheyhavevisitedaCityparkover20 timesduringthepastyear. Thesurveyaskedrespondentstoratebyimportance alistofpark typesoramenitiesasbeing essential, veryimportant, somewhatimportantornotatallimportant. Multiple usetrails, lighted fields andcourts, shadestructures, anddedicatedareasfordogswerestatisticallyidentifiedas essential. Passiveareas/openspace, grouppicnicareas, avarietyofsportsfields, outdoor exerciseequipment, andcommunitygardenswereidentified asbeingveryimportant. Interpretive naturepanels, publicart, allweather turffields, formalgardens, community orchards, concessionstands, andavarietyofsports (bocce/volleyballcourts, lacrosse/softball/cricket/footballfields, andbattingcages) wereidentifiedasbeingsomewhat important. Therewerenoamenitiesthatrosetobeidentified ashavingnoimportance, but somewere statistically closetothoselistedassomewhatimportant. Respondentswereaskediftheywouldsupport afuturedogpark. Therewere602respondents tothisquestion with55% insupport and45% notsupportiveof anewdogpark. Aninteresting resultwasfound inthat 55% oftherespondents were notdogowners. Anotherinteresting response wasthat446 (73%) respondents indicated thattheydonot usethedog parksin Dublin and374 (62%) ofrespondents answeredthatthey never visitdogparkswithin theTri- Valley area. Inshort, aslight majority ofrespondents wantadogparkbutrarelyorneveruse theonesinthearea. Respondents alsoranked amenitiesforboth dogsandowners, should a dogparkbebuiltin thefuture. Overallthemajority ofrespondentsrankedtheirsatisfactionwith theparks asbeingextremely satisfied (47.5%) ormoderately satisfied (44%). Respondents hadseveral suggestions, providedclarifying datatotheiranswer, orcommentstohelpshapethefutureofparks. The ParksandCommunity Servicesstaffwillincorporate thisinformation intotheParksand Recreation MasterPlanforthecommunity, aswellastheupdate totheDepartment Strategic Plan. SurveyResults Analysis ofGeneral ParkandAmenityQuestions Surveyrespondentswereasked toratethefollowingaspects ofthe parks: qualityofparks; qualityofCitysportsfields; maintenance andcleanliness ofparklandscapes; cleanliness of restrooms; safety in Cityparks; andsafetyontrails andinopen spaceareas. Theyratedthe aspectsasbeingexcellent, good, fair, poor, or didn’tknow. 94% oftherespondents rated the overallquality ofparksasexcellent orgood. Thequality oftheCity’ssports fieldswereratedas excellentorgood by71% ofrespondents. Landscaped areas received over 91% ratingasbeing excellent orgood. Restroomcleanliness rated58% asbeing excellent orgood. Almost54% of therespondentsindicated thattheyhavevisitedaCityparkover20timesinthatlasttwelve months, whichindicates that theparks arevaluedand wellutilized. Therewere37responses Page 2of 6 8.2.a Packet Pg. 235 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) indicatingthattheyhadnevervisitedaparkinDublin; over48% baseditonnothavingenough timetovisit. Thesurveyaskedrespondentstoratebyimportance alistofpark typesoramenitiesasbeing essential, veryimportant, somewhatimportant ornotatallimportant. Followingisasummaryof theamenitiesthat wererated asbeingessential orveryimportantwiththehighestpriorities at thetop: ESSENTIAL OR VERY PARKAMENITIES IMPORTANT Multiple-usetrails (biking, hiking, walking, 92.3% running) Shade structures 84.4% Lightedsports fieldsandcourts 80.3% Grouppicnicareas 78.8% Passiveareas/lakes/openspacemeadows 73.1% Waterplayfeatures 69.6% Soccerfields 68.7% Basketballcourts 64.4% Tenniscourts 62.5% Baseballfields 61.4% Community gardens 61.2% Dedicatedareasfordogstorunandplay 55.5% Softballfields 54.8% Outdoorexerciseequipment/ParCourse 51.4% Thehighestnumberofvotesasbeing essential amenitiesincludedmultipleusetrails (57.2%), shadestructures (48.5%), andlightedsportsfields (43.6%). Intermsofadedicatedareafor dogs, therewereclosetoanequal numberofvotes asbeing bothessential (30.3%) aswellas onlysomewhatimportant (30%). Interpretive naturepanels, public art, allweatherturffields, formalgardens, community orchards, concessions, andavarietyofsports (bocce/volleyball courts, lacrosse/softball/cricket/footballfields, batting cages) were identifiedasbeing only somewhat important. There wereno amenities onthelistthat wasspecifically identified as havingnoimportance, butsomewere statisticallyclosetothoselisted assomewhat important. For example, formalgardens wereranked 24.8% asbeingveryimportant whilealsobeing ranked20.9% asnotimportant. AnalysisofDogParkQuestions During thepastyear, theCityCouncildirected Stafftoresearch thepotentialinterestin building anew dogpark inthecommunityand identifypotentialsitesineastern Dublinshouldthere be support. Aspartoftheparkssurvey, asegment ofquestionsaddressedthis topic. Atotalof 602respondents answeredthequestionoftheirsupport foranother dogpark inDublin; 55.5% of therespondents wereinsupport, and44.5% werenotinsupport. Thenextquestion addressed dogownership and, interestingly, therewere609respondents tothequestionand 55.5% ofthosewerenotdogowners. Currentlytherearetwo dogparkslocatedwithinDublin, andseveralthroughouttheTri-Valley region. When asked iftheycurrently usetheDublindog parks, ofthe respondentswhoare dog owners, 43% (116) stated thatthey didnotvisitDublin’sdogparks. Whendogownerswere Page 3of 6 8.2.a Packet Pg. 236 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) askedhowoftentheyvisitdogparkswithintheTri-Valleyarea, over27% (73) statedthatthey nevervisittheregion’sdogparks. Thenextsetofquestionsaddressedlocation, transportandamenitiesofafuturedogpark, shoulditbeconsidered. Thesurveyasked ifadogparkweretobedeveloped, wouldthey prefer itlocated nearoradjacent toa residentialareaorapark/openspace. Therewereatotal of508respondents tothequestion; 75% favorednearapark/openspaceand25% preferred neararesidential area. Inreviewingtheopenendedcommentsfromthisquestion, itis apparentthattherewasapreferencetowardopenspaceareas, awayfromactivecommunity parks. Many respondentsexpressed concernsaboutfearofdogsandsafety ofparkusers, and thatadogparkshouldbeinaseparateareafromparksandresidential neighborhoods. The surveyalsofoundthatover70% ofdogownerswhousedogparkstendtodrivetothepark. Twoofthequestionsaskedrespondentstoprioritizedogparkamenitiesforbothdogsand owners. Whenaskedabout amenitiesfordogsthetopamenitieswerewater, gatesand separateareasforsmallandlargedogs. Thetopamenitiesforpeoplewere shade, waterand benches. DogParkSiteSelectionCriteria Basedonthefeedbackfromrespondents andbestpracticesidentifiedbysurveyingother communitiesStaffhasdraftedthefollowingsiteselectioncriteriaforafuturedogpark. 1. Thedogparkshouldbeinasafe, accessiblelocationwithinanopenspaceareaor potentiallyadjacenttoacommunity parkwithgoodaccessfrommajorroads. 2. Thesizeofthedogpark shouldbeaslargeaspossible, withupto3.0-acresbutatleast 2.0-acrestoaccommodate sufficient spaceforseparaterunareasforlargeandsmall dog; enablinglargedogownerstoallowtheirpetstorunmorefreely, whileprotecting smallerdogsthatmaynotbesuitedtotheenthusiastic playoflargerbreeds. Therealso needstobesufficientacreageforcirculation, setbacks fromotheruses (particularly youth activitiesandamenities ifadjacenttoacommunitypark), dogrunentryandparking. Developingalargersizeddogparkislessexpensiveandeasiertomaintainthan developing ahighnumberofsmalldogparks. Thelargerthegrassareais, theeasieritis tomaintain, asthereislessconcentrated use. Thelarger sizealsoenablessegmenting off-leashareastoallowrotationofuseforlawn surfaces. 3. Thedogparkshouldnotbedirectlyadjacenttoresidential propertylinestohelpdecrease thechanceofactualandperceivedproblems withnoiseorothernuisances. However, the parkshouldbecloseenoughtoaresidentialareathatdogownerswilltaketheir dogsto theparkandnotallowthemoff-leashelsewhere. Staffshouldconsiderutilizingalternate ornontraditional locationsintheOpenSpace, tohelpdecreasethechanceforconflict withotherneighborsandotherparkusers. PotentialSitesforFutureDogParkinDublin Asdirected byCityCouncil, StaffreviewedpotentialsitesineasternDublinforafuturedogpark usingthecriterialistedabove. StaffalsoconsideredsitesinwesternDublintoprovidemore alternatives. Basedonthecommunity inputfromtheonlinesurvey, neighborhoodparks were excludedfromthesiteselectionprocess. Sincetherewasapreference inthesurveytolocate thedogparkinanopenspacearea, away fromresidentialdevelopment andactiveparkuses, Staffidentifiedtwoopenspaceareasowned byEastBayRegionalParkDistrict (EBRPD) ineasternDublinaspotential sitesfordogruns. TheseincludedthestagingareafortheTassajaraCreekRegionalParkonTassajaraRoad, and Page4of6 8.2.a Packet Pg. 237 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) thefuture RegionalParkthatwillbeadjacenttoMoellerRanch. Staffdiscussedtheconcept withstafffromEBRPDwhoindicatednointerestinallowingadogparkincurrentorfuture regional parks in Dublin. Staff consideredCityownedopenspaceareasincludingMartinCanyonCreekTrailand DoughertyHillsOpen Space. Staffwouldnotrecommend eitheroftheseareas foradogpark. MartinCanyon Creek Trailissurrounded byresidentialdevelopment andhasverylittleflat usablespaces. Additionally thereareparkingandaccess constraintswiththissite. Dougherty HillsOpen Spacealreadyhasadogpark andtherearenootherareas inthatopenspace that would allowforaccesstoanotherflat usablespace. Staffalsoevaluatedcurrent community parksforapotential dogpark includingEmeraldGlen Park, Fallon Sports Park, DublinSportsGroundsandShannonCommunityPark. EmeraldGlen Parkwillbeanactiveparkatbuild-outwithmanyusesincluding sports, grouppicnics, large communityevents, largechildren’splaygrounds, skateboarding, basketball, walkingpaths and numerous activitiesattheRecreationandAquaticComplex. Duetotheintensityoftheuses StaffdoesnotrecommendaddingadogparktothefinalphaseofEmeraldGlen. TheDublinSportsGroundsandFallonSportsParkwouldnotbeappropriatesitesforadog parkduetothehighintensityofyouthactivities, andlackofadditionalspaceinthoseparks. ShannonParkalsohasahighintensityofuseswithfacilityrentals, classes, thewaterplayarea andpicnicking. InadditionSt. Raymond’sCatholicChurchislocatedacrossShannonAvenue andwhentherearecompeting eventsparkingspillsintotheneighborhood. ThereforeStaff doesnotrecommend addingadogparktoShannonCommunityPark. Currentlythereisonemorecommunity parkplannedforeasternDublin, whichwillbelocatedin theJordanRanchdevelopment. This18-acresiteissouthofCentralParkwayandjusteastof FallonRoad. Theparktopographywillfeaturethreerollinghillswithbreathtaking360-degree viewsofDublin, PleasantonandLivermorefromthetopofthehills. Thereisnoconceptualplan fortheparkyet; however, theParksandRecreation MasterPlanidentifiedtheparkwillneedto generallyincludethefollowingamenities; twobaseball/softballdiamonds; twosoccerfields; six tenniscourts; playgroundandgrouppicnicfacilities; and, naturalareasandtrails. Althoughthe parkis18-acres, whichis4.0-acressmallerthantheDublinSportsGrounds, itisnotalevelsite andtherefore willbe challengingtofittheamenitiesenvisionedaswellasadogpark. Therefore, ifadogparkwasincludedintheJordanRanchCommunity ParkConceptualPlan, it islikelythatoneormoreofthesportsfieldswouldnotbeincluded, andbelocatedineastern Dublinneighborhood parksinstead. Althoughnotanentitledproject, thereisaconceptualplanforalargecommunityparkinthe proposedDublinCrossingprojectatCampParks. Howevertheparkwouldeventuallybecome thehomeofa50,000squarefootChildren’sMuseum, whichwillbearegionaldrawand increasetheintensityofthepark. Recommended Site Usingtheselectioncriteriatoevaluatepotentialsitesforafuturedogpark, Staffrecommends selectingJordanRanchCommunityParkasthepreferredpotentialdogparkdevelopmentsite. Itisanaccessible siteoffofCentralParkwaywhichisamajorarterialroad. Itissurroundedby openspaceonwestandsouthsides, withhousingdirectlyadjacenttotheeast, andacross CentralParkwayto thenorth. Thereforethedogparkcouldbelocatedawayfromresidential properties, whilestillbeingcloseenoughtoaresidentialareathatdogownerscantaketheir Page5of6 8.2.a Packet Pg. 238 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) dogstotheparkandnotallowthemoff-leashelsewhere. Thehillsonthesitewillcreate a uniqueopportunity toblendthedogparkwiththeopenspaceareasandkeepitawayfromother parkusesandchildren’splayareas. Theparkwillbelargeenoughtoaccommodate atleasta 2.0-acresitefortwodogrunsandthenecessary amenitiesandparking. Ifthissitewasselectedthedogparkwouldbeonparklandthatwillbededicatedbythe developerandincludedinthePublicFacilitiesFeeprogram, sotheCitywouldnotneedto expendfundstoacquireadditional parklandforthedogpark. Theestimatedthecosttodevelop a2.0-acredogparkwithin thecommunityparkis $1.1million, andthecostofthose improvements wouldbefundedusingPublicFacilitiesFees, nottheGeneralFund. Additionally allnecessary utilityconnectionsand metersforthedogparkwouldbeincludedinthe development oftheoverallpark. Thetimingofthefirstphaseoftheparkisunknownatthistime. Gradingoftheparksiteand surroundingresidentialareasinJordanRanchbeganthisspring, andinfrastructure willbe constructedoverthenextyearwithresidentialdevelopmentfollowingsoonafter. Thetimingof developmentofthefirstphaseoftheparkiscurrentlyoutsideofthefive-yearCIPandwillbe dependent onthepaceofgrowthineasternDublinandsubsequentcollectionofimpactfees. Recommendation fromParksandCommunityServicesCommission TheParksandCommunityServicesCommissionconsideredtheStaffreportand recommendation at theMay 20, 2013meeting. TheCommission byavoteof4-0-0withtwo Commissioners absent, theCommission votedto recommend toCity Counciltoconstruct anotherdogparkandrecommendJordanRanchCommunityParkasthepreferredpotential development sitefor afuturedogpark. Conclusion The 2013Community ParksSurveywasasuccessfultoolinobtaining asolidnumberof residentswhoresponded tothequestions. Respondents weregenerallyverysatisfiedwiththe existing parks andamenities, andprovided a largebasisof feedback fordeveloping futureparks and amenities. Thereweremanycomments providedtohelpStaffimproveconditionsof existingparks (e.g. specific restroom issues, geeseatthesportspark). Theconcept ofanew dogparkisonethatwillneed further discussion bytheCommission andCityCouncil. The trendsshowed interestindeveloping onenearopenspace andintheeastern Dublin area. However, equally vocalwerethoserespondentswhosaidthattheywere notinsupport ofmore dog parksinthecommunity, andconcerns withlocating themwithinactiveparks. Basedonthe inputreceived, the ParksandRecreation MasterPlan, andbestpractices identified inother communities, andtherecommendation ofCommission, Staff recommends identifyingJordanRanch Community Parkasapreferredpotentialdevelopment siteforafuture dogpark. NOTICING REQUIREMENTS/PUBLICOUTREACH: Ameetingnoticewassent toresidentswho spoke atprior publicmeetingsonthematter. ATTACHMENTS: 1. Mapshowinglocation ofproposed futureDog Park 2. 2013CommunityParks SurveySummary Page 6of 6 8.2.a Packet Pg. 239 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) DUBLIN GENERAL PLAN Figure3-1) DUBLIN PARKS AND OPEN SPACE February 2013 PUBLIC PARKS Pl. Future Park P26 Ware Park P2 Down Park P27 FuturePark P3 Shannon Park and Community Center p28Future Pork P4 Mape Memorial Park C I [ I) 11 R a III , Il PS Dubin Historic Park P29 Future Park ONTV P30 Fuafe Park CO P6 Dublin Heritage Center p31 Future Park COST P u N t V P7 KOIbPark O$796 a C O P8 Dublin Community Swim Center C ^ H E O 1,,../•. P9 Stagecoach Park I 41. A t LLL i P10 Dougherty HkH Dog Park tv '!:: Parka Reserve Forces Training Area 'pP11AlamoCreekParkCampParka) braDublinSpornGroundsa P13 Future Park T.Oli . ?4,. 1 L .. 7 so- ^/,;a• P34 Emerald Glen Park j fitt\\ ta-r i (I •I \ iv `-S'1' 3 P15 Ware Park ll P16 Future Park a t. ry 1' cwmr er'''"*" ate if P17 Ted Fairfield Park fie!`aa Af/`• r .1..i.fi..wrno.ir , I t II- L is I•fI` P18 FuturePark S C 9 C?\ r 2 kV74I VA:IA pru . t • P19 Ware Park 3y 1111:=1, 1, lti 1 j'may. ` ` P20 FuturePark 1•. 1 +""1`4 4, CV . i' E Mill.- 1 P22 &aynSporhE a,` + )/ \ r ) 1 f. I s i Q`r,; P22 Bray Comoro Pork i t1" \'.' i". _ N''tri*.gr Mill. g P23 Ware Park 1 1 i l • P24 Ware Park l ak—I nP25WareParkl l . ace I_ ,'! t!I as Liiy Q L nr mru n•4 a I..Preferred Pottentia e i.7_4. Eastern Extended Planning Area Boundary II City of Dublin e– Existing Bike Lane Existing Trail Trailhead D Primary Planning Area Boundary I I Sphere of Influence Proposed Bike Lane Planned Trail Parks D Western Extended Planning Area Boundary MI Streets ATTACHMENT 1 8.2.a Packet Pg. 240 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 2013CommunityParksSurvey 1. Please rateeach ofthe followingaspects of Dublin's parks. Don'tRatingExcellentGoodFairPoorKnowCount Overall qualityof parksinDublin39.9% (246)6.0% (37)0.2% (1)0.5% (3)61753.5% (330) QualityofCityofDublinsports 28.2% (173)7.8% (48)0.7% (4)20.2% (124)61443.2% (265) fields Maintenanceandcleanlinessofthe 38.8% (238)7.3% (45)0.8% (5)0.7% (4)61352.4% (321) parklandscapeareas Cleanlinessoftherestrooms15.2% (93)20.2% (124)3.3% (20)18.6% (114)61342.7% (262) SafetyinCityofDublinparks31.0% (190)8.8% (54)1.0% (6)5.5% (34)61353.7% (329) Safetyontrailsandinopenspace 23.5% (141)10.3% (62)0.8% (5)15.5% (93)60149.9% (300) areas Additionalcomment, ifneeded 109 answeredquestion618 skippedquestion7 park ? (select one) ResponseResponse PercentCount 1to4times9.4%58 5to12times22.2%137 13to20times14.4%89 Over20times53.9%332 answeredquestion616 skippedquestion9 1of 13 8.2.a Packet Pg. 241 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 3. Ifyounevervisiteda park, which ofthe followingdescribes ResponseResponse PercentCount Toobusyornotenoughtimeto 48.6%18useanyparksinDublin Inevervisitanyparks, even 2.7%1outsideofDublin parksdonothavefeaturesor 40.5%15amenitiesthatappealtome Locationsoftheparksare 27.0%10inconvenient IrecentlymovedtoDublin8.1%3 Lackoftransportationtogettothe 2.7%1parks Physicallyunabletousethepark 0.0%0areas Other (pleasespecify) 8 answeredquestion37 skippedquestion588 2of 13 8.2.a Packet Pg. 242 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 4. Pleaseratehowimportant youthinkitis fortheCityofDub typesof parks orparkamenities listedbelow. SomewhatNotatall RatingEssentialVeryImportantImportantImportantCount Multiple-usetrails (biking, hiking, 35.2% (216)7.5% (46)0.2% (1)61457.2% (351) walking, running) Passiveareas/lakes/openspace 33.7% (203)22.1% (133)4.8% (29)60339.5% (238) meadows Interpretive panelsregarding the 11.4% (68)22.8% (136)16.8% (100)59649.0% (292) naturalenvironment Lightedsportsfieldsandcourts36.7% (224)16.6% (101)3.1% (19)61043.6% (266) Shade structures35.9% (218)13.8% (84)1.8% (11)60848.5% (295) Dedicatedareasfordogstorun 25.2% (153)30.0% (182)14.5% (88)60730.3% (184) andplay Grouppicnicareas32.0% (193)20.4% (123)0.8% (5)60446.9% (283) Baseballfields26.1% (157)31.8% (191)6.8% (41)60135.3% (212) Soccerfields32.1% (193)27.1% (163)4.2% (25)60136.6% (220) Tenniscourts25.7% (155)32.7% (197)4.8% (29)60236.7% (221) Waterplayfeatures30.7% (186)23.9% (145)6.4% (39)60638.9% (236) Softballfields20.3% (121)34.5% (205)8.6% (51)59536.6% (218) Battingcages10.6% (62)27.2% (159)17.9% (105)58544.3% (259) Communitygardens24.0% (144)29.6% (178)9.2% (55)60137.3% (224) Communityorchards16.8% (100)28.6% (170)16.3% (97)59538.3% (228) Allweather/synthetic turffields21.3% (127)23.8% (142)19.1% (114)59735.8% (214) Basketballcourts25.5% (151)29.3% (174)6.2% (37)59339.0% (231) Formalgardens10.1% (60)24.8% (147)20.9% (124)59344.2% (262) Amphitheaters12.8% (76)27.5% (163)17.4% (103)59342.3% (251) PublicArt12.7% (76)26.2% (157)20.0% (120)59941.1% (246) 3of 13 8.2.a Packet Pg. 243 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) Bocceballcourts11.2% (66)26.6% (157)22.0% (130)59140.3% (238) Volleyballcourts11.9% (71)31.9% (190)13.4% (80)59542.7% (254) Cricketfields7.3% (43)14.2% (84)35.1% (208)59343.5% (258) Lacrossefields7.0% (41)17.0% (99)32.9% (192)58343.1% (251) Outdoorexerciseequipment/Par 16.3% (98)34.3% (206)14.3% (86)60135.1% (211) Course Footballfields11.5% (68)28.5% (169)20.8% (123)59239.2% (232) Foodandbeverageconcession 12.9% (77)26.1% (156)23.2% (139)59837.8% (226) stands answered question619 skippedquestion6 4 of 13 8.2.a Packet Pg. 244 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 5. Nowplease rankyourtopTHREE (3) parkamenitites thatyou tr 12345678910 Multiple-usetrails (biking, hiking, 21.4%11.0%14.6%4.3%1.5%1.1%1.1%0.8%0.7% 42.6% walking, running)(131)(67)(89)(26)(9)(7)(7)(5)(4) 260) Passive areas/lakes/openspace 6.4%15.5%17.2%16.0%4.6%2.3%1.8%1.1%1.3% 27.5% meadows(39)(95)(105)(98)(28)(14)(11)(7)(8) 168) Interpretivepanelsregardingnatural 0.5%1.3%3.9%19.0%17.3%4.6%2.8%1.5%2.9% 26.8% environment(3)(8)(24)(116)(106)(28)(17)(9)(18) 164) 5.1%11.0%10.3%7.9%20.6%11.0%2.5%2.9%1.0% 21.6% Lightedsportsfieldsandcourts 31)(67)(63)(48)(126)(67)(15)(18)(6) 132) 10.5%9.7%10.5%5.4%9.8%18.2%5.7%1.8%1.5% 22.7% Shadestructures 64)(59)(64)(33)(60)(111)(35)(11)(9) 139) Dedicatedareasfordogsto10.0%6.9%4.9%2.1%2.8%11.9%16.2%5.6%1.8% 22.1% run/play(61)(42)(30)(13)(17)(73)(99)(34)(11) 135) 1.6%6.7%10.1%4.9%4.7%5.2%21.1%12.6%4.4% 21.9% Grouppicnicareas 10)(41)(62)(30)(29)(32)(129)(77)(27) 134) 1.0%2.5%1.1%1.0%1.1%1.5%4.7%25.0%13.4% 29.1% Baseballfields 6)(15)(7)(6)(7)(9)(29)(153)(82) 178) 4.1%2.5%2.8%2.6%1.0%1.1%1.6%5.4%24.1% 29.8% Soccerfields 25)(15)(17)(16)(6)(7)(10)(33)(147) 182) 3.4%2.5%1.8%0.8%0.5%1.0%1.0%1.6%4.7% 32.1% Tenniscourts 21)(15)(11)(5)(3)(6)(6)(10)(29) 196) 5.2%5.1%6.1%3.3%1.8%2.1%2.1%2.0%1.8%3.6% Waterplayfeatures 32)(31)(37)(20)(11)(13)(13)(12)(11)(22) 0.0%0.5%0.5%0.2%0.3%0.5%0.8%0.7%1.1%1.8% Softballfields 0)(3)(3)(1)(2)(3)(5)(4)(7)(11) 0.0%0.2%0.8%0.3%0.0%0.3%0.2%0.5%0.5%0.7% Battingcages 0)(1)(5)(2)(0)(2)(1)(3)(3)(4) 1.1%2.5%4.1%3.4%2.3%1.5%1.6%1.3%1.3%1.5% Community gardens 7)(15)(25)(21)(14)(9)(10)(8)(8)(9) 0.0%0.3%1.0%0.3%1.6%0.7%0.7%0.5%0.8%1.1% Community orchards 0)(2)(6)(2)(10)(4)(4)(3)(5)(7) 5 of 13 8.2.a Packet Pg. 245 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 2.8%2.3%1.6%1.3%0.5%0.7%0.3%0.7%0.8%0.7% Allweather/syntheticturffields 17)(14)(10)(8)(3)(4)(2)(4)(5)(4) 0.3%0.7%1.6%0.3%1.0%1.1%0.5%1.8%1.5%1.6% Basketballcourts 2)(4)(10)(2)(6)(7)(3)(11)(9)(10) 0.2%0.2%1.8%0.8%0.7%1.0%0.7%0.3%1.5%0.3% Formalgardens 1)(1)(11)(5)(4)(6)(4)(2)(9)(2) 0.3%1.6%1.0%0.8%1.0%0.7%0.3%1.0%1.1%1.6% Amphitheaters 2)(10)(6)(5)(6)(4)(2)(6)(7)(10) 0.3%0.2%1.1%0.3%0.8%0.5%0.3%0.8%0.5%0.7% PublicArt 2)(1)(7)(2)(5)(3)(2)(5)(3)(4) 0.7%0.8%0.8%0.0%0.5%0.2%0.3%0.5%0.2%0.5% Bocceballcourts 4)(5)(5)(0)(3)(1)(2)(3)(1)(3) 0.0%0.8%0.5%0.5%0.2%0.5%0.7%0.7%0.5%0.3% Volleyball courts 0)(5)(3)(3)(1)(3)(4)(4)(3)(2) 0.3%0.2%0.3%0.0%0.0%0.2%0.2%0.3%0.0%0.0% Cricketfields 2)(1)(2)(0)(0)(1)(1)(2)(0)(0) 0.3%0.0%0.0%0.2%0.0%0.3%0.2%0.0%0.0%0.0% Lacrossefields 2)(0)(0)(1)(0)(2)(1)(0)(0)(0) Outdoorexercise equipment/Par 1.0%2.6%2.1%1.3%0.8%0.7%2.0%1.0%0.7%1.1% Course(6)(16)(13)(8)(5)(4)(12)(6)(4)(7) 0.2%0.2%0.2%0.3%0.2%0.0%0.3%0.3%0.7%0.3% Football fields 1)(1)(1)(2)(1)(0)(2)(2)(4)(2) Foodand beverageconcession 0.0%0.5%1.3%0.7%0.5%0.3%0.3%0.2%1.1%0.8% stands(0)(3)(8)(4)(3)(2)(2)(1)(7)(5) 2.1%1.6%1.5%0.2%0.2%0.3%0.0%0.2%0.0%0.2% Other 13)(10)(9)(1)(1)(2)(0)(1)(0)(1) 6 of 13 8.2.a Packet Pg. 246 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 6. If youanswered "other" inthelastranking question, what parkamenitydo youfeelisa priority and was not listed? Response Count 79 answeredquestion79 skippedquestion546 7. Would you supportfuturedevelopment ofanother dogparkin D ResponseResponse PercentCount 55.5%334 No44.5%268 answeredquestion602 skippedquestion23 8. Are youadogowner? ResponseResponse PercentCount Yes44.5%271 No55.5%338 answeredquestion609 skippedquestion16 7of 13 8.2.a Packet Pg. 247 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) ResponseResponse PercentCount Yes26.6%162 No73.4%446 answeredquestion608 skippedquestion17 10. Howoftendoyouvisitdogparksin theTri-Valley area? ResponseResponse PercentCount 1ormoretimes/week14.5%87 1time/month7.3%44 4times/year5.2%31 2times/year4.8%29 1time/year6.0%36 Never62.2%374 answeredquestion601 skippedquestion24 8 of 13 8.2.a Packet Pg. 248 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 11. Ifanewdog parkwere tobebuilt inDublin, wouldyoupref ResponseResponse PercentCount Residentialarea25.0%127 Parkoropenspace75.0%381 Other (pleasespecify) 61 answeredquestion508 skippedquestion117 12. Doyouwalk ordrivetothedogparksthat youfrequent? ResponseResponse PercentCount Walk37.2%97 Drive62.8%164 Other (pleasespecify) 74 answeredquestion261 skippedquestion364 9of 13 8.2.a Packet Pg. 249 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 13. Isparking a factorwhen youvisita dogpark? ResponseResponse PercentCount Yes46.8%156 No53.2%177 Additional comment (pleasespecify) 54 answeredquestion333 skipped question292 14. What physical features do you thinkare important ator near Please rank thefollowing by importance with "1" being most important, and soon. RatingRating12345AverageCount 31.8%19.1%13.6% 32.3% Water3.2% (14)2.24434138)(83)(59) 140) 20.0%25.1%15.2% 31.3% Shade8.3% (36)3.1943487)(109)(66) 136) Separationbysize (large/small 15.2%21.2%22.6%17.3% 23.7% 2.94434dogs)(66)(92)(98)(75) 103) 21.9%18.2%15.4%15.4% 29.0% Gates2.9843495)(79)(67)(67) 126) 14.3%14.3%12.9% 48.7% Wastebags9.7% (42)3.6443362)(62)(56) 211) answeredquestion434 skippedquestion191 10 of13 8.2.a Packet Pg. 250 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 15. Whatfeatures doyouthink areimportantatornearadog park forOWNERS? Please rankin order of importance, with "1" beingmostimportant, and RatingRating123456AverageCount 19.6%15.1%20.3%13.6%6.4% 25.0% Water3.0340479)(61)(82)(55)(26) 101) 21.8%24.3%15.9%7.9%5.2% 24.8% Shade2.7940388)(98)(64)(32)(21) 100) 14.1%22.8%22.0%10.1%3.2% 27.7% Benches3.0140457)(92)(89)(41)(13) 112) 16.8%10.6%12.6%24.5%9.7% 25.7% Parking3.6140468)(43)(51)(99)(39) 104) 20.3%11.1%10.1%9.2%16.8% 32.4% Bags andreceptacles3.7340482)(45)(41)(37)(68) 131) 7.4%6.2%9.7%8.2%10.1% 58.4% Restroom access4.8340430)(25)(39)(33)(41) 236) answered question404 skipped question221 16. Are there any other features that you think are important fo dog park, thatwere not mentioned in the previous questions? Response Count 115 answeredquestion115 skipped question510 11 of 13 8.2.a Packet Pg. 251 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 17. Whatdogpark useissues shouldbeconsidered or addressed ( restrictions, dogsize, behavior, safety, hours ofoperation, im other)? Response Count 200 answeredquestion200 skippedquestion425 18. What isyourzipcode? Response Count 535 answeredquestion535 skippedquestion90 19. Ingeneral, isthereanythingelseyouwouldlike totell us for ourparks, facilities, eventsorclasses providedbythe Cit Community ServicesDepartment? Response Count 248 answeredquestion248 skippedquestion377 12 of13 8.2.a Packet Pg. 252 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) 20. Overall, how satisfiedareyouwithwithyour experience vis ResponseResponse PercentCount Extremelysatisfied47.5%291 Moderately satisfied44.0%269 Slightlysatisfied4.7%29 Neither satisfiednordissatisfied2.1%13 Slightlydissatisfied0.8%5 Moderately dissatisfied0.7%4 Extremely dissatisfied0.2%1 answeredquestion612 skippedquestion13 13 of 13 8.2.a Packet Pg. 253 At t a c h m e n t : 1 . A u g u s t 2 0 , 2 0 1 3 C i t y C o u n c i l S t a f f R e p o r t ( L a r g e D o g P a r k U p d a t e ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: November 21, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Consideration of Communications Protocols with Dublin Unified School District Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: The City Council will discuss the concept of establishing communications protocols with the Dublin Unified School District. This item was originally scheduled for the October 17, 2017, Regular City Council meeting and was moved by the City Council to a future meeting. STAFF RECOMMENDATION: Discuss the matter and provide Staff direction. FINANCIAL IMPACT: None. DESCRIPTION: At the August 15 and August 29, 2017 meetings of the City of Dublin/Dublin Unified School District Liaison Committee, the Committee discussed the communications protocols adopted by the Dublin Unified School District for communications with the City of Dublin. The Dublin Unified School District discussed the protocols at its July 24, 2017 meeting. The communications protocol adopted by the Dublin Unified School District are included in a letter to Mayor Haubert dated July 24, 2017 (Attachment 1). The City’s representatives on the Liaison Committee asked that matter be brought to the entire City Council for discussion. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. 8.3 Packet Pg. 254 Page 2 of 2 ATTACHMENTS: 1. Letter from Dublin Unified School District to Mayor Haubert dated July 24, 2017 8.3 Packet Pg. 255 8.3.a Packet Pg. 256 At t a c h m e n t : 1 . L e t t e r f r o m D u b l i n U n i f i e d S c h o o l D i s t r i c t t o M a y o r H a u b e r t d a t e d J u l y 2 4 , 2 0 1 7 ( D U S D C o m m u n i c a t i o n P r o t o c o l )