HomeMy WebLinkAboutJune 4, 2019 Regular Meeting Agenda PacketJune 4, 2019 Dublin City Council Agenda Page 1 of 3
REGULAR MEETING
Tuesday, June 4, 2019
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. Dublin Pride Week 2019 Recognition and Report
The City Council will formally recognize the contributions made by various individuals and
organizations that helped make the 2019 Dublin Pride Week a successful community event.
The City Council will also recognize the winners of the Dublin Pride Week Poster Contest,
Essay Contest, and Photography Contest.
STAFF RECOMMENDATION:
Recognize the 2019 Dublin Pride Week sponsors, the poster contest, essay contest, and the
photography contest winners; and receive the Dublin Pride Week activities report.
3.2. Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. Approval of the May 21, 2019 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the May 21, 2019 Regular
meeting.
STAFF RECOMMENDATION:
Approve the minutes of the May 21, 2019 Regular City Council meeting.
4.2. Ordinance Adding Chapter 7.29 to the Dublin Municipal Code to Manage
Polychlorinated Biphenyls During Building Demolition Projects
The City Council will consider adopting an Ordinance adding Chapter 7.29 to the Dublin
Municipal Code to manage polychlorinated biphenyls (PCBs) during building demolition
projects. The Municipal Regional Stormwater National Pollutant Discharge Elimination
System Permit, of which the City of Dublin is a permittee, requires permittees to implement
June 4, 2019 Dublin City Council Agenda Page 2 of 3
PCBs management to reduce discharges of PCBs in stormwater runoff to the Bay. PCBs are
known to be found in building materials used from 1950-1980. The PCBs building
demolition ordinance will require testing and proper disposal of PCBs-containing materials
to prevent discharge to the storm drain system.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Adding Chapter 7.29 to the Dublin Municipal
Code to Manage Polychlorinated Biphenyls During Building Demolition Projects.
4.3. Agreement with Disability Access Consultants for ADA Transition Plan Services
The City Council will consider an agreement with Disability Access Consultants for
Americans with Disabilities Act (ADA) Transition Plan Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement with Disability Access
Consultants for Americans with Disabilities Act (ADA) Transition Plan Services.
4.4. Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care Homes)
(PLPA-2018-00030)
The City is initiating amendments to Chapter 8.66 of the Zoning Ordinance to bring greater
clarity and consistency to the regulation of Large Family Day Care Homes. The proposed
amendment allows administrative approval of a Zoning Clearance if the day care meets
established development standards, and a Minor Use Permit from the Community
Development Director if it does not meet those standards. On May 21, 2019, the City Council
waived the reading and introduced this Ordinance. Tonight, the City Council will consider
adopting the Ordinance amending Zoning Ordinance Chapter 8.66.
STAFF RECOMMENDATION:
Waive the reading, and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapter 8.66 (Large Family Day Care Homes) Effective City-Wide.
4.5. Administrative Numbering Correction to Ordinance Adding Dublin Municipal Code
Section 6.04.295 regarding Electric Vehicle Parking to the Dublin Traffic Code
The City Council will consider the correction of an administrative numbering error in the
Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electric Vehicle
Parking to the Dublin Traffic Code.
STAFF RECOMMENDATION:
Approve the new ordinance number for Ordinance No. 15-16 Adding Dublin Municipal
Code Section 6.04.295 regarding Electric Vehicle Parking to the Dublin Traffic Code.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING – NONE.
7. UNFINISHED BUSINESS
7.1. Consideration of an Outdoor Flag Display Policy
At the May 21, 2019 meeting, the City Council directed staff to bring an outdoor flag display
policy for City Council consideration. The City Council will consider a policy that provides
guidance and standards for the outdoor display of flags at City facilities, including
commemorative flags other than the United States, California, and City flags.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing the City of Dublin Outdoor Flag Display Policy.
June 4, 2019 Dublin City Council Agenda Page 3 of 3
8. NEW BUSINESS
8.1. Overview of the City’s Affordable Housing Programs
The City Council will receive a report on the City’s Affordable Housing Programs, methods
to finance affordable housing, and a presentation by Eden Housing about their organization
and the production of affordable housing through public/private partnerships.
STAFF RECOMMENDATION:
Receive the report.
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.
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STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Dublin Pride Week 2019 Recognition and Report
Prepared by: Anna Fessler, Environmental Services Fellow
EXECUTIVE SUMMARY:
The City Council will formally recognize the contributions made by various individuals
and organizations that helped make the 2019 Dublin Pride Week a successful
community event. The City Council will also recognize the winners o f the Dublin Pride
Week Poster Contest, Essay Contest, and Photography Contest.
STAFF RECOMMENDATION:
Recognize the 2019 Dublin Pride Week sponsors, the poster contest, essay contest,
and the photography contest winners; and receive the Dublin Pride Wee k activities
report.
FINANCIAL IMPACT:
Sufficient funds were included in the Fiscal Year 2018-2019 Budget for this event. In -
kind donations were provided by the following organizations: Alameda County
Supervisor Scott Haggerty’s Office, Amador Valley I ndustries, Bike East Bay, Cabot
Creamery, Dublin Lions Club, Dublin/San Ramon Women's Club, Dublin Senior
Foundation, Dublin Unified School District, Fix-It Clinic, Frito-Lay, Mike's Camera, Peet's
Coffee & Tea, Senior Support Services of the Tri-Valley, StopWaste, Taylor Farms,
UNICOR Recycling and Transfer Station, and Zone 7.
DESCRIPTION:
The 35th year of Dublin Pride Week was celebrated from Saturday, April 27 to Sunday,
May 5, 2019. The theme of this year's Dublin Pride Week was "Dublin Makes a
Difference." Numerous activities and projects were conducted and are summarized
below.
Dublin Pride Week Poster and Essay Contest
All students from public and private schools located in the City of Dublin were invited to
participate in this year's Dublin Pride Poster and Essay Contests. The theme of this
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year's poster contest was "Dublin Makes a Difference" and the essay question was:
“Please explain how ‘Dublin Makes a Difference’ in the actions you take to volunteer or
help in your community or to reduce your impact on the environment.”
The Dublin/San Ramon Women's Club coordinated the poster and essay contests,
which included distributing the materials, judging the posters and essays, and
distributing the certificates of participation.
Each of the Poster Contest and Essay Contest participants received a Certificate of
Merit. The City awards prizes to individuals from each of the following grade categories:
Kindergarten to 1st grade, 2nd grade to 3rd grade, 4th grade to 5th grade, 6th grade to
8th grade, and 9th grade to 12th grade, as well as an overall grand prize winner. The
grand prize winner will receive a $100 Target gift card, the first prize winners will each
receive a $25 Target gift card, and the second prize winners will each receive a $15
Target gift card. All prize-winning posters and essays were displayed in the lobby of the
Civic Center from May 8 to June 4. Additionally, a Classroom Award of $200 is given to
the teachers of the Grand Prize Winners of the Poster Contest and Essay Contest to
assist with their classroom activities.
The Poster Contest winners are as follows:
Overall Category
Grand Prize Winner:
Afifah Akthab 8th Grade Fallon Middle School
Classroom Award:
Mrs. Sharbach Teacher Fallon Middle School
Kindergarten to 1st Grade Category
First Prize Winner:
Adharv Kair Kindergarten Kolb Elementary School
Second Prize Winner:
Vihaan Singh Kindergarten Amador Elementary School
2nd to 3rd Grade Category
First Prize Winner:
Riddhiman Rana 3rd Grade Dougherty Elementary School
Second Prize Winner:
Kundana Valluri 3rd Grade Dougherty Elementary School
4th to 5th Grade Category
First Prize Winner:
Manvi Gadisetti 4th Grade Dougherty Elementary School
Second Prize Winner:
Mikaela Le 4th Grade Dougherty Elementary School
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6th to 8th Grade Category
First Prize Winner:
Aarushi Mupporti 7th Grade Fallon Middle School
Second Prize Winner:
Jayna Mendoza 7th Grade Wells Middle School
9th to 12th Grade Category
First Prize Winner:
Yena Lee 9th Grade Dublin High School
The Essay Contest winners are as follows:
Overall Category
Grand Prize Winner:
Mihika Sharma 11th Grade Dublin High School
Classroom Award:
Brad Vereen Teacher Dublin High School
Kindergarten to 1st Grade Category
First Prize Winner:
Elissa Ng 1st Grade Amador Elementary School
Second Prize Winner:
Dhriti Patel Kindergarten Kolb Elementary School
2nd Grade to 3rd Grade Category
First Prize Winner:
Riddhiman Rana 3rd Grade Dougherty Elementary School
Second Prize Winner:
Kabir Khanna 3rd Grade Dublin Elementary School
4th to 5th Grade Category
First Prize Winner:
Advaith Gurram 4th Grade Murray Elementary School
Second Prize Winner:
Divyansh Agrawal 5th Grade Dougherty Elementary
6th to 8th Grade Category
First Prize Winner:
Afifah Akthab 8th Grade Fallon Middle School
Second Prize Winner:
Fanklin Hu 6th Grade Wells Middle School
9th to 12th Grade Category
First Prize Winner:
Donna Prince 10th Grade Dublin High School
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Second Prize Winner:
Saivishnu Tugulu 10th Grade Dublin High School
Nature Photography Contest
This year, a new Dublin-based nature photography contest was added to the Dublin
Pride Week activities. The contest was called “Nature in Our Backyard” and was open
to amateur photographers. Submitted photographs were required to be taken in Dublin
within the last 12 months. The contest was open from April 11 to April 28 and the City
received 93 submissions. A committee of five members voted to select the top 10
photographs, which were then posted on the City’s website from May 7 through May 20
for the community to vote on. The top four photographers based on the public’s votes
will be awarded prizes and receive recognition from the City. The grand prize winner will
receive a $200 Mike's Camera gift card, the first prize winner will receive a $100 Mike's
Camera gift card, the second prize winner will receive a $50 Mike's Camera gift card,
and the third prize winner will receive a $25 Mike's Camera gift card. Mike’s Camera is
donating large prints of the prize-winning photographs that will be displayed in the Civic
Center lobby in June.
The Nature in Our Backyard Photography Contest winners are as follows:
Grand Prize Winner:
Jay Huang, "Barn at Sunset"
First Prize Winner:
Jay Huang, "Purple Flowers at Sunset"
Second Prize Winner:
Vanessa Thomas, "Cherry Blossom Spring at Dougherty"
Third Prize Winner:
Eric Hanson, "Gosling Playtime"
Special thanks and appreciation go to the following individuals for serving as a “Nature
in Our Backyard” Photography Contest judge and helping to make it a success:
Andy Lopusnak, Mike's Camera
Barbara Mallon, Livermore Valley Camera Club
Debbie Jeffery, Amador Valley Industries
Rebecca Parnes, City of Dublin Staff
Tegan McLane, City of Dublin Staff
Volunteer Day
Approximately 375 community volunteers donated their time and energy to community
cleanup and beautification projects on Volunteer Day, Saturday, April 27, 2019.
Volunteers met at 8:00 a.m. at Emerald Glen Park to receive instructions and supplies
for various projects throughout the community and for a light breakfast of pastries, fruit,
coffee and juice.
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At the completion of projects, all volunteers were invited to a free barbecue with hotdogs
provided by the Dublin Lion's Club, salads donated by Taylor Farms, chips donated by
Frito- Lay, and beverages donated by Alameda County Supervisor Scott Haggerty’s
Office. This year volunteers chose a thank you gift of either a small or large water bottle
and all volunteers received a reusable straw.
Volunteer Day consisted of the following projects:
Senior Assistance Projects
Approximately 65 volunteers assisted 17 seniors on home maintenance projects
ranging from cleaning to yard work. These projects were coordinated by the Senior
Support Program of the Tri-Valley, which helps the City find Dublin seniors who need
assistance with projects in their homes.
School Improvement Projects
Approximately 50 volunteers went to two Dublin schools to do weeding and cleaning.
These projects were conducted at Kolb Elementary School and Dublin High School.
Non- Profit Assistance Projects
Children's Emergency Food Bank: Approximately 10 volunteers solicited the public for
donations to the Children's Emergency Food Bank at the Safeway on Dublin Blvd and
the Safeway on Tassajara Rd. Volunteers collected 135 bags of donated food.
School of Imagination: Approximately 40 volunteers assisted the School of Imagination
with deep cleaning.
Valor Crossing, Eden Housing: Approximately 15 volunteers planted a small veggie
garden for veterans and families.
East Bay SPCA: Approximately 5 volunteers assisted the East Bay SPCA with deep
cleaning.
Parks Reserve Forces Training Area Project
Approximately 10 volunteers weeded around the Army Community Service B uilding.
City Creek Cleanup Projects
Approximately 70 volunteers cleaned three of the City' s creeks and waterways. Creek
cleanup projects occurred at Alamo Creek, Dublin Creek, and Tassajara Creek at
Emerald Glen. Representatives from Zone 7 led two of the cleanups.
City Parks Projects
Approximately 110 volunteers completed projects at seven City parks and facilities.
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Emerald Glen Park: Volunteers spread 15 cubic yards of recycled mulch in the
landscaped area next to the parking lot and rose garden beds and picked up litter
around the park.
Heritage Park and Museum: Volunteers weeded around the cemetery and existing
gardens, freshened up the historic building façades, prepared for a new Ohlone garden,
and cleaned up the creekside picnic area.
Passatempo Park: Volunteers spread 10 cubic yards of recycled mulch along the
vineyard and hillside and conducted park weed abatement.
Kolb Park: Volunteers spread 10 cubic yards of recycled mulch in the landscaped area
next to the playground.
Bray Commons Park: Volunteers spread 10 cubic yards of recycled mulch around the
landscaped areas in the park and conducted park weed abatement.
Volunteer Day Fair
A volunteer fair was held as part of Volunteer Day from 11:30 a.m. to 1:00 p.m. on the
basketball courts at Emerald Glen Park. Dublin Pride Day volunteers returning to the
park for the event barbecue along with members of the public were invited to learn
about ways to volunteer in the Tri-Valley all year long. The following organizations had
informational tables at the fair: Alameda County CASA, Blankets4Kids, Child Care
Links, City of Dublin Environmental Services Division, City of Dublin Parks and
Community Services Department, CityServe of the Tri-Valley, East Bay Community
Energy, Habitat for Humanity East Bay/Silicon Valley, Monthly Miracles, Pleasanton
Public Library, Stanford Health Care/Valley Care Hospital Auxiliary. CityServe of the Tri -
Valley coordinated the fair.
Waste Sorting Education for Kids
During the barbecue and volunteer fair, StopW aste and the UC Master Gardener
Program of Alameda County provided two different demonstrations for children on
waste sorting. StopWaste brought “Wiggly Worm” to do an educational waste sorting
activity for kids to learn about what items are put in the recycling, the compost, and the
garbage bin. In addition, the Master Gardeners provided a worm bin demonstration
where attendees could learn about how vermicomposting works and the benefits of
vermicomposting when gardening.
Drug Take Back, E-Waste Recycling, and Document Shredding Event
Dublin Police Services coordinated a drug take back and document shredding event on
April 27 from 10:00 a.m. to 2:00 p.m. at the Civic Center parking lot for residents to drop
off unwanted or expired medications and documents containing sensitive information.
Residents dropped off 35 boxes of pharmaceuticals and 18 crates of documents for
shredding and recycling. Residents were also invited to drop off electronic waste for
recycling. A total of 5,294 pounds of electronic waste was collected for recycling by
UNICOR Recycling and Transfer Station.
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Fix-It Clinic
This clinic was held on Sunday, April 28 from 1:00 p.m. to 4:00 p.m. at the Dublin
Library Community Room to provide guidance on repairing household broken items.
Ten residents brought broken items from home to the clinic. Volunteer fix-it coaches
guided residents through the assessment, disassembly and repair process. Tools were
also provided.
Bicycle Commuting Lunch and Learn
Bike East Bay led a workshop on the basics of bicycle commuting on April 30 from
12:00 pm to 1:00 pm in the Civic Center Regional Meeting Room. The workshop
covered outfitting a bike for commuting, proper helmet adjustment, personal safety, and
best practices for safely sharing the road with cars. Lunch was provided to all attendees
by the City of Dublin.
Energy Fair
The Energy Fair organized by StopWaste had 89 attendees participate on Sunday, May
4, from 10:00 a.m. to 1:00 p.m. at the Dublin Library. East Bay Community Energy gave
a presentation and tabled at the event and a StopWaste representative spoke about
energy efficiency programs sponsored by the Bay Area Regional Energy Network.
Attendees also had the opportunity to speak to representatives from Home Energy
Upgrade, Rising Sun, and Build It Green.
Lawn to Garden Party
On Sunday, May 5, the City of Dublin co-hosted a Lawn to Garden Party with
StopWaste and Zone 7 at a Dublin resident’s home from 9:30 am to 1:00 pm. Roughly
30 people participated in the workshop. StopWaste provided educational talks on the
sheet mulching process, benefits of using compost and Bay-Friendly plants, and proper
irrigation. Attendees converted the resident’s front lawn into a Bay-Friendly garden
through sheet mulching.
Household Hazardous Waste Collection
The City sponsored another successful household hazardous waste (HHW) drop off
event, which was managed by Amador Valley Industries and held at the MicroDental
parking lot on Arnold Road on Saturday, May 4 from 7:30 a.m. to 2:30 p.m. The Cit y' s
annual HHW event ensures that materials such as paint, used oil, batteries, pesticides
and other harmful chemicals are disposed of properly. In total, there were 593 residents
that participated dropping off 31,089 pounds of HHW. Additionally, 688 bags of compost
were given away to residents.
Dublin Pride Week Committee
At the forefront of this year's activities was the Dublin Pride Week Committee. The
Committee comes together each year to plan and organize Pride Week activities. This
year, the Committee was made up of two council members, various community
members and organizational representatives. Special thanks and appreciation go to the
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following individuals for serving on the Pride Week Committee and helping to make this
year's events a success:
Councilmember Jean Josey
Councilmember Shawn Kumagai
Al Edge, Dublin Senior Foundation
Bill Burnham, Dublin Lions Club
Bruce Bird, Dublin/Pleasanton LDS
Command Sergeant Major Johnson, Parks Reserve Forces Training Area
Debbie Jeffery, Amador Valley Industries
Diane Bonetti, Dublin Senior Foundation
Jersha Neff, Dublin/Pleasanton LDS
Ken Mano, Dublin/Pleasanton LDS
Kenneth Wheeler, Dublin Unified School District
Lorie Rohloff, Senior Support Program of the Tri-Valley
Marielle Evans, CityServe of the Tri-Valley
Miranda Crawford, Dublin Unified School District
Rick Snowden, Children' s Emergency Food Bank
Valerie Barnes, Dublin/San Ramon Women's Club
Dublin Pride Week Partners
The 2019 Dublin Pride Week events could not have been accomplished without t he
City's key partners:
Amador Valley Industries
Children's Emergency Food Bank
CityServe of the Tri-Valley
Dublin Lions Club
Dublin/San Ramon Women' s Club
Dublin Senior Foundation
Dublin Unified School District
Parks Reserve Forces Training Area
Senior Support Program of the Tri-Valley
These Dublin Pride partners, as well as the other major contributors previously
mentioned, will be recognized by the City Council with a Certificate of Appreciation.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of the May 21, 2019 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 May 21, 2019 Regular
meeting.
STAFF RECOMMENDATION:
Approve the minutes of the May 21, 2019 Regular City Council meeting.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
The City Council will consider approval of the minutes of the May 21, 2019 Regular City
Council meeting.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Draft Minutes of the May 21, 2019 Regular City Council Meeting
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REGULAR MEETING – MAY 21, 2019
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
MAY 21, 2019
Closed Session 6:30 P.M.
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
1 case
1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:00
p.m. by Mayor Haubert. The pledge was led by Dublin High School students and recited
by the City Council, Staff, and those present at the meeting.
Attendee Name Title Status
David Haubert Mayor Present
Melissa Hernandez Vice Mayor Present
Arun Goel Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Report on Closed Session – The Mayor stated that there was no reportable action.
3. Oral Communications
3.1. Annual Presentation by Youth Advisory Committee
Dawn Benson, Dublin resident, provided public comment.
The City Council received the presentation on the Youth Advisory Committee’s
activities and accomplishments during the 2018-19 term.
3.2. Appointments to Youth Advisory Committee and Student Representative to
Parks and Community Services Commission
The City Council confirmed the Mayor’s appointments of Divyansh Agrawal,
Moises Merino, Romal Mitr, Rithu Lakshman, Medha Gowda, Saanya Goel,
Hollis Carey, Harsimar Saini, Diya Vij, Steven Chan, Trishala Jain, Grace
Marnon, and Visvesh Jegadheesh to the Youth Advisory Committee for terms
commencing in June 2019 and expiring in May 2020; and Siri Phaneendra as
Student Representative to the Parks and Community Services Commission for
the term commencing in July 2019 and expiring in June 2020.
4.1.a
Packet Pg. 13 Attachment: 1. Draft Minutes of the May 21, 2019 Regular City Council Meeting (Draft Minutes of the May 21, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
MAY 21, 2019
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Shawn Kumagai, Councilmember
AYES: Shawn Kumagai, David Haubert, Melissa Hernandez
ABSTAIN: Arun Goel
3.3. Employee Introduction: Brice Kennedy
The City Council welcomed the new Dublin Staff member.
3.4. Public Comment
Mallika Pajjuri, Dublin resident, provided public comment.
Ekansh Agrawal, Dublin resident, provided public comment.
Audrey Kwan, Dublin resident, provided public comment.
Members from the Diversity Inclusion Alliance provided public comment.
4. Consent Calendar
Items 4.4, 4.5 and 4.14 were pulled for further discussion.
4.1. Approved the minutes of the May 7, 2019 Regular and Special City Council
meetings.
4.2. Adopted
RESOLUTION NO. 45 – 19
APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
DUBLIN AND ACTIVE NETWORK, LLC FOR ADDITIOAL RECREATION
MANAGEMENT SOFTWARE SERVICES AND PRODUCTS
4.3. Adopted
RESOLUTION NO. 46 – 19
APPROVING AMENDMENTS TO CONSULTING SERVICES AGREEMENTS WITH
ASSOCIATED ENGINEERING CONSULTANTS; BSK ASSOCIATES; CAL
ENGINEERING & GEOLOGY; CONSOLIDATED ENGINEERING LAB; COTTON,
SHIRES & ASSOCIATES; CSG CONSULTANTS, INC.; ENGEO; GEOCON; HILL
INTERNATIONAL; MNS ENGINEERS, INC.; SWINERTON MANAGEMENT &
CONSULTING; TRC COMPANIES, LLC
4.1.a
Packet Pg. 14 Attachment: 1. Draft Minutes of the May 21, 2019 Regular City Council Meeting (Draft Minutes of the May 21, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
MAY 21, 2019
4.6. Waived the second reading and adopted
ORDINANCE NO. 04 – 19
ADOPTING AMENDMENT NO. 1 TO THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF DUBLIN AND DUBLIN CROSSING, LLC RELATED
TO THE DUBLIN CROSSING PROJECT
PLPA-2018-00027 (HISTORICAL APNs 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND
986-0034-006-00)
4.7. Received the informational report of the City’s investments through the quarter
ending March 31, 2019.
4.8. Adopted
RESOLUTION NO. 47 – 19
APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT
TO FRANK AND SON, INCORPORATED, DBA EXPRESS SIGN AND NEON FOR
PARK WAYFINDING SIGNS CIP NO. PK0414 AND PK0215
4.9. Adopted
RESOLUTION NO. 48 – 19
ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2019-20
4.10. Adopted
RESOLUTION NO. 49 – 19
APPROVING A CONTRACTOR SERVICES AGREEMENT FOR TRASH CAPTURE DEVICE
MAINTENANCE SERVICES WITH REVEL ENVIRONMENTAL MANUFACTURING INC.
4.11. Waived the reading and INTRODUCED an Ordinance Adding Chapter 7.29
(Management of PCBs During Building Demolition Projects) to Title 7 (Public
Works) of the Dublin Municipal Code.
4.12. Received the Payment Issuance Report.
4.13. Conducted the public hearing, deliberated, waived the reading, and
INTRODUCED an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapter 8.66 (Large Family Day Care Homes) effective city-wide.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Shawn Kumagai, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.1.a
Packet Pg. 15 Attachment: 1. Draft Minutes of the May 21, 2019 Regular City Council Meeting (Draft Minutes of the May 21, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
MAY 21, 2019
4.4. Park Naming for Tassajara Hills Neighborhood Park
Shaina Goel provided public comment.
Selected the name Butterfly Knoll Park for the new neighborhood park located in
the Tassajara Hills residential housing development as recommended by the
Parks and Community Services Commission.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Arun Goel, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.5. Public Hearing - Outcome Reports on Economic Development Subsidies
Provided to Regency Village at Dublin, LLC and Pacific Catch, Inc.
Conducted the public hearing, deliberated, and accepted the Outcome Reports on
Economic Development Subsidies Provided to Regency Village at Dublin, LLC and
Pacific Catch, Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: David Haubert, Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.14. Second Reading of an Ordinance to Amend Chapter 2.12 (Planning
Commission) of the Dublin Municipal Code
Waived the reading and adopted
ORDINANCE NO. 05 – 19
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 2.12 (PLANNING COMMISSION) OF THE DUBLIN MUNICIPAL CODE
TO ADD ALTERNATE COMMISSIONER POSITIONS
RESULT: ADOPTED [3 TO 2]
MOVED BY: David Haubert, Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Kumagai, Haubert, Hernandez
NOES: Josey, Goel
4.1.a
Packet Pg. 16 Attachment: 1. Draft Minutes of the May 21, 2019 Regular City Council Meeting (Draft Minutes of the May 21, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
MAY 21, 2019
5. Written Communication – None.
6. Public Hearing
6.1. Fiscal Year 2019-20 Budget Update
The Mayor opened the public hearing.
No public comments were made.
The Mayor closed the public hearing.
Adopted
RESOLUTION NO. 50 – 19
ADOPTING A BUDGET FOR THE CITY OF DUBLIN FOR FISCAL YEAR 2019-20
RESOLUTION NO. 51 – 19
ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN
ACCORDANCE WITH THE PERSONNEL RULES
RESOLUTION NO. 52 – 19
ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT
FROM COMPETITIVE SERVICE
RESOLUTION NO. 53 – 19
AMENDING THE CLASSIFICATION PLAN
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
6.2. Approval of Annual Engineer's Reports for Landscape and Lighting District
1983-1; Landscape and Lighting District 1983-2; Landscape and Lighting
District 1986-1; Landscape and Lighting District 1997-1; and Landscape
and Lighting District 1999-1
The Mayor opened the public hearing.
No public comments were made.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 6
REGULAR MEETING
MAY 21, 2019
The Mayor closed the public hearing.
Adopted
RESOLUTION NO. 54 – 19
APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM AND
ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN
STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1983-1,
LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING
DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET
LIGHTING MAINTENANCE ASSESSMENT DISTRICT 1999-1
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
7. Unfinished Business – None.
8. New Business
8.1. LGBTQ Pride Month Proclamation and Flag Request
Paul Stone, Dublin resident, provided public comment on this item.
Jamil Batshon, Dublin resident, provided public comment on this item.
Ingrid Register, Dublin resident, provided public comment on this item.
Ramez Bahu, Dublin resident, provided public comment on this item.
Keith B., Dublin resident, provided public comment on this item.
Mike Grant, Dublin resident, provided public comment on this item.
Tamara Bryant provided public comment on this item.
Arati De La Roziere, Dublin resident, provided public comment on this item.
R. Jing Firmeza, Dublin resident, provided public comment on this item.
Stephen Wright, Dublin resident, provided public comment on this item.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 7
REGULAR MEETING
MAY 21, 2019
Robin Kusrits, Dublin resident, provided public comment on this item.
Brian Lotz, Dublin resident, provided public comment on this item.
Joshua Rodriguez, Dublin resident, provided public comment on this item.
Teresa Lotz, Dublin resident, provided written comment on this item.
The City Council proclaimed June 2019 as LGBTQ Pride Month in Dublin
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
A motion was made to fly the rainbow flag at City Hall on June 1, 2019.
RESULT: FAILED [2 TO 3]
MOVED BY: Shawn Kumagai, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Jean Josey, Shawn Kumagai
NAYS: Arun Goel, David Haubert, Melissa Hernandez
8.2. Consideration of General Plan Amendment Study Policy
The City Council received the report.
8.3. Appointment of Alternate Commissioners
The City Council confirmed the Mayor’s appointments; and asked Staff to
advertise for one Parks & Community Services Commission alternate vacancy
and two Senior Center Advisory Committee alternate vacancies.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
4.1.a
Packet Pg. 19 Attachment: 1. Draft Minutes of the May 21, 2019 Regular City Council Meeting (Draft Minutes of the May 21, 2019 Regular Meeting)
DUBLIN CITY COUNCIL MINUTES 8
REGULAR MEETING
MAY 21, 2019
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).
By consensus, the City Council agreed to look at developing a flag policy for the City.
By consensus, the City Council asked Staff to bring back an informational item
regarding the Heritage & Cultural Arts Center.
By consensus, the City Council asked Staff to invite the Diversity Inclusion Alliance and
allow for a discussion of what they can do to support diversity.
By consensus, the City Council asked Staff to agendize the Mayor's Council's request
for $1,000.
10. Adjournment
The meeting was adjourned at 11:04 p.m. in honor of Staff Sgt. Sean Diamond and all
of our fallen troops.
Mayor
ATTEST:
___________________________
City Clerk
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Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Ordinance Adding Chapter 7.29 to the Dublin Municipal Code to Manage
Polychlorinated Biphenyls During Building Demolition Projects
Prepared by: Shannan Young, Environmental Coordinator
EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance adding Chapter 7.29 to the Dublin
Municipal Code to manage polychlorinated biphenyls (PCBs) during building demolition
projects. The Municipal Regional Stormwater National Pollutant Discharge Elimination
System Permit, of which the City of Dublin is a permittee, requires permittees to
implement PCBs management to reduce discharges of PCBs in stormwater runoff to the
Bay. PCBs are known to be found in building materials used from 1950 -1980. The
PCBs building demolition ordinance will require testing and proper disposal of PCBs -
containing materials to prevent discharge to the storm drain system.
STAFF RECOMMENDATION:
Waive the reading and adopt an Ordinance Adding Chapter 7.29 to the Dublin
Municipal Code to Manage Polychlorinated Biphenyls During Building Demolition
Projects.
FINANCIAL IMPACT:
None. Costs associated with Staff review of demolition permits of regulated structures
will be recouped through fees in the Master Fee Schedule.
DESCRIPTION:
At the May 21, 2019 City Council meeting, City Council waived the reading and
introduced an Ordinance to add Chapter 7.29 (Management of PCBs Durin g Building
Demolition Projects) to Title 7 (Public Works) of the Dublin Municipal Code. In order to
adopt the ordinance, a second reading by the City Council is necessary.
The City of Dublin is required by the Municipal Regional Stormwater National Pollu tant
Discharge Elimination System Permit (MRP) to reduce polychlorinated biphenyls
(PCBs) discharges in stormwater runoff. This regulation targets priority building
materials that may contain relatively high levels of PCBs. Such building materials were
4.2
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Page 2 of 3
used primarily in buildings constructed between 1950 and 1980. The priority building
materials are caulking, thermal/fiberglass insulation, adhesive/mastic, and rubber
window gaskets. These priority building materials are targeted for regulation during total
building demolition to prevent the materials and associated PCBs from potentially being
released to the environment and transported to local creeks and to the San Francisco
Bay by stormwater runoff.
This regulation requires an assessment process for PCBs in building materials that is
analogous in some ways to the process currently implemented for asbestos -containing
materials. It requires that the City of Dublin initially notifies demolition permit applicants
about the new requirements. Applicants will ha ve to conduct a PCBs in a Priority
Building Materials Screening Assessment, which was developed in a coordinated,
regional effort by the Bay Area Stormwater Management Agencies Association
(BASMAA) to meet the mandates in the MRP. Applicants will be requi red follow the
directions provided in the PCBs in Priority Building Materials Screening Assessment
Applicant Package (Applicant Package, Attachment 1), which includes:
• An overview of the process and Applicant instructions in the main body of the
document
• A process flow, which is included in Appendix A
• A screening assessment form, which is provided in Appendix B
• The Protocol for Assessing Priority PCBs-Containing Materials before Building
Demolition, which is included in Appendix C and is described below
Applicable structures include buildings built between 1950 and 1980, except for wood -
frame buildings and single-family residential homes. Applicable structures must
undergo an assessment to determine whether PCBs are present at concentrations
greater than or equal to 50 parts-per million (≥ 50 ppm) prior to demolition. The
assessment can be made in one of two ways: 1) by using existing data on specific
product formulations (if available), or 2) by conducting representative sampling of the
priority building materials and having the samples analyzed for PCBs at a certified
analytical laboratory. The representative sampling and analysis are described in detail
in Appendix C of the Applicant Package, the Protocol for Assessing Priority PCBs -
Containing Materials before Building Demolition. Appendix C of the Applicant Package
(Attachment 1) also includes photographs of building materials that may contain PCBs.
When the PCBs in Priority Building Materials Screening Assessment identifies one or
more Priority Building Materials containing PCBs, the Applicant must comply with all
related applicable federal and state laws, including potential notification of the
appropriate regulatory agencies, including the Environmental Protection Agency, the
Regional Water Board, and/or the Department of Toxic Substances Control.
Staff has prepared a proposed ordinance to implement the requirement to manage
PCBs during building demolition. The focus of the ordinance (Attachment 2) is on PCBs
runoff prevention to protect water quality. Staff anticipates that this regulation will apply
to approximately one or two projects a year. The regulation does not:
• Ask for municipal oversight or enforcement of human health protection
standards.
4.2
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Page 3 of 3
• Ask for municipal oversight of PCBs abatement or remediation of materials or
lands contaminated by PCBs.
• Establish remediation standards.
At all demolition sites, routine construction controls, including erosion and sediment
controls, are also required to be implemented per the requirements of the MRP and the
statewide Construction General Permit issued by the California State Water Resources
Control Board.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Information on the proposed new ordinance is available at the permit cou nter and on the
Environmental Programs web page at the City of Dublin website.
ATTACHMENTS:
1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition
Projects) to the Dublin Municipal Code
4.2
Packet Pg. 23
Managing PCBs−Containing Building Materials
during Demolition:
Guidance, Tools, Outreach and Training
PCBs in Priority Building Materials:
Model Screening Assessment
Applicant Package
August 2018
4.2.a
Packet Pg. 24 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
i
This document is a deliverable of the Bay Area Stormwater Management Agencies Association
(BASMAA) project Managing PCBs−Containing Building Materials during Demolition: Guidance,
Tools, Outreach and Training. BASMAA developed guidance, tools, and outreach and training
materials to assist with San Francisco Bay Area municipal agencies’ efforts to address the
requirements of Provision C.12.f. of the Bay Area Municipal Regional Stormwater Permit
(referred to as the MRP). Provision C.12.f of the MRP requires Permittees to manage PCBs–
containing building materials during demolition.
We gratefully acknowledge the BASMAA Steering Committee for this project, which provided
overall project oversight, including during the development of this and other project deliverables:
Reid Bogert, Stormwater Program Specialist, San Mateo Countywide Water Pollution
Prevention Program (BASMAA Project Manager)
Amanda Booth, Environmental Program Analyst, City of San Pablo
Kevin Cullen, Program Manager, Fairfield-Suisun Urban Runoff Management Program
Matt Fabry, Program Manager, San Mateo Countywide Water Pollution Prevention
Program
Gary Faria, Supervisor, Inspection Services, Building Inspection Division, Contra Costa
County
Napp Fukuda, Deputy Director - Watershed Protection Division, City of San José
Ryan Pursley, Chief Building Official, Building Division, City of Concord
Pam Boyle Rodriguez, Manager, Environmental Control Programs – Stormwater, City of
Palo Alto
Jim Scanlin, Program Manager, Alameda Countywide Clean Water Program
Melody Tovar, Regulatory Programs Division Manager, City of Sunnyvale
We also gratefully acknowledge the project Technical Advisory Group, which provided feedback
from a variety of project stakeholders during development of selected project deliverables:
Stakeholder Group Representative(s)
Regulatory – stormwater/PCBs Luisa Valiela and Carmen Santos, U.S. EPA Region 9
Regulatory – stormwater/TMDL Jan O’Hara, San Francisco Bay Regional Water Quality
Control Board
Regulatory – experience with related
program (asbestos management)
Ron Carey and Richard Lew, Bay Area Air Quality
Management District
Industry – demolition contractors Avery Brown, Ferma Corporation
Industry – remediation consultants John Martinelli, Forensic Analytical Consulting
John Trenev, Bayview Environmental Services, Inc.
MRP Permittee – large municipality Patrick Hayes, City of Oakland
MRP Permittee – medium municipality Kim Springer, San Mateo County Office of Sustainability
MRP Permittee – small municipality Amanda Booth, City of San Pablo
4.2.a
Packet Pg. 25 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
ii
Prepared for:
BASMAA
P.O. Box 2385
Menlo Park, CA 94026
Prepared by:
EOA, Inc.
Larry Walker Associates
Geosyntec Consultants
Stephanie Hughes
David J. Powers & Associates, Inc.
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Packet Pg. 26 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
iii
PCBs in Priority Building Materials:
Model Screening Assessment Applicant Package
Contents
DISCLAIMER ....................................................................................................................... iv
Process Overview ...........................................................................................................................1
Applicant Instructions for Completing the PCBs Screening Assessment Form ......................2
Part 1. Owner and project information ................................................................................... 2
Part 2. Is building subject to the screening requirement based on type, use, and age of the
building? ................................................................................................................................. 2
Part 3. Report concentrations of PCBs in priority building materials .................................... 3
Part 4. Certification ................................................................................................................. 4
Notices to Applicants Regarding Federal and State PCBs Regulations ...................................5
Agency Contacts ..................................................................................................................... 6
Attachment A Process Flow Chart .......................................................................................... A-1
Attachment B PCBs in Priority Building Materials Screening Assessment Form ..............B-1
Attachment C Protocol for Evaluating Priority PCBs-Containing Materials
before Building Demolition ...................................................................................................... C-1
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iv
DISCLAIMER
Information contained in BASMAA products is to be considered general guidance and is not to
be construed as specific recommendations for specific cases. BASMAA is not responsible for
the use of any such information for a specific case or for any damages, costs, liabilities or
claims resulting from such use. Users of BASMAA products assume all liability directly or
indirectly arising from use of the products.
The material presented in this document is intended solely for the implementation of a municipal
regulatory program required by the San Francisco Bay Area Regional Water Quality Control
Board Municipal Regional Stormwater Permit for the protection of water quality under the Clean
Water Act.
BASMAA prepared the tools and guidance herein to assist MRP Permittees’ efforts to address
the requirements of Provision C.12.f. of the MRP. The project team received input from a variety
of stakeholders during development of the tools and guidance, including regulators (San
Francisco Bay Regional Water Quality Control Board, U.S. EPA, and Bay Area Air Quality
Management District staff), Bay Area municipal agency staff, and industry representatives.
This document does not address other environmental programs or regulations (e.g., PCBs
regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations
for hazardous material handling and hazardous waste disposal; health and safety practices to
mitigate human exposure to PCBs or other hazardous materials; recycling mandates; and
abatement at sites with PCBs (or other contaminants). The applicant is responsible for knowing
and complying with all relevant laws and regulations.
The mention of commercial products, their source, or their use in connection with information in
BASMAA products is not to be construed as an actual or implied approval, endorsement,
recommendation, or warranty of such product or its use in connection with the information
provided by BASMAA.
This disclaimer is applicable to all BASMAA products, whether information from the BASMAA
products is obtained in hard copy form, electronically, or downloaded from the Internet.
4.2.a
Packet Pg. 28 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
1
Process Overview
This document provides a model PCBs in Priority Building Materials Screening Assessment
process to be conducted by demolition project proponents (applicants). A flow chart illustrating
the above processes is provided in Attachment A.
Applicants proposing to demolish buildings must
conduct the PCBs screening assessment. Through
the PCBs screening assessment applicants will:
1) Determine whether the building proposed for
demolition is likely to have PCBs-containing
building materials (see discussion of
applicable structure); and
2) Determine whether PCBs are present at a
concentration equal to or greater than 50
parts per million (ppm) in building materials.
Use the PCBs Screening Assessment Form
(Attachment B) to summarize and certify the
information required by the municipality to issue the
demolition permit. The form is divided into four parts:
Part 1 provide applicant information and
project location.
Part 2 complete the questions to identify
whether the project involves an applicable
structure. If the demolition does not involve
an applicable structure, the form may be
certified and submitted without completing
Part 3.
Part 3 complete the questions to provide the concentrations of PCBs in any priority
building materials.
Part 4 certify the information being submitted.
Note that fluorescent light ballasts, polyurethane foam furniture, and Askarel fluid used in
transformers, all of which may contain PCBs, are typically managed during pre-demolition
activities under current regulations and programs that require removal of universal waste and
outdated transformers. For this process it is assumed that those materials will be evaluated and
managed under those existing programs.
This screening process is part of a program for water quality protection and was designed in accordance
with requirements in the MRP. 1 It does not address other environmental programs or regulations (e.g.,
PCBs regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations for
hazardous material handling and hazardous waste disposal; health and safety practices to mitigate
human exposure to PCBs or other hazardous materials; recycling mandates; or abatement at sites with
PCBs (or other contaminants). The applicant is responsible for complying with all relevant laws and
regulations. See the Notices to Applicants section for additional information.
1 A National Pollutant Discharge Elimination System (NPDES) permit, Order No. R2-2015-0049, issued to
municipalities in the counties of Alameda, Contra Costa, San Mateo, and Santa Clara, and the Cities of Fairfield,
Suisun City, and Vallejo.
Water quality within the San Francisco Bay
Region is regulated by the San Francisco
Bay Area Regional Water Quality Control
Board (Regional Water Board).
In 2015, the Regional Water Board
reissued the Municipal Regional Permit
(MRP)1 that regulates discharges of
stormwater runoff. The MRP includes
provisions for reducing discharges of
polychlorinated biphenyls (PCBs) in
stormwater runoff and requires
municipalities to develop a program to
manage priority PCBs–containing building
materials during demolition and implement
the program by July 1, 2019.
Existing federal and state regulations
create the framework for managing PCBs
in building materials once those PCBs are
identified through this program and for
disposing of wastes containing PCBs.
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Applicant Instructions for Completing the PCBs
Screening Assessment Form
Applicants for demolition permits or other permits
that involve the complete demolition of a building
must conduct an assessment to screen for PCBs in
priority building materials. Use the PCBs Screening
Assessment Form, to summarize and certify the
information needed by the municipality to issue a
demolition permit. The form is provided in
Attachment B. If the project includes the demolition
of multiple buildings complete one form for each
building to be demolished.
Part 1. Owner and project information
Complete the owner and consultant information and
the project location information.
For the Type of Construction select one of the
following options:
Wood Frame (Buildings constructed with
lumber or timbers, which make up the studs,
plates, joists, and rafters.)
Masonry Construction (Buildings
constructed with concrete blocks or bricks as
the load bearing walls typically with the floors
and ceilings constructed with wooden joists.)
Steel Frame Construction (Buildings
constructed with steel studs or steel columns
and steel joists or trusses to support floors
and roofs. Includes light gauge steel
construction and high-rise steel
construction.)
Concrete Frame (Buildings constructed with reinforced concrete columns, concrete
beams, and concrete slabs.)
Pre-Engineered (Buildings constructed with pre-engineered parts bolted together.)
Part 2. Is building subject to the screening requirement based on type, use, and
age of the building?
Part 2 documents the determination of whether the proposed demolition will affect an applicable
structure. If the demolition does not affect an applicable structure, then the assessment is
complete, and the form can be certified.
This determination screens out buildings that are a lower priority with regard PCBs-containing
materials and provides an off-ramp from the rest of the screening process.
Key Definitions
Demolition means the wrecking, razing, or
tearing down of any building. The definition
is intended to be consistent with the
demolition activities undertaken by
contractors with a C-21 Building
Moving/Demolition Contractor’s License.
Priority Building Materials are:
1. Caulk;
2. Thermal insulation;
3. Fiberglass insulation;
4. Adhesive mastics; and
5. Rubber window gaskets.
Buildings are structures with a roof and
walls standing more or less permanently in
one place. Buildings are intended for
human habitation or occupancy.
Applicable Structures are defined as
buildings constructed or remodeled
between January 1, 1950 and December
31, 1980. Wood framed buildings and
single-family residential buildings are not
applicable structure regardless of the age
of the building.
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Question 2.a: Is the building to be demolished wood framed and/or single family
residential?
If YES the PCBs Screening Assessment is complete, skip to the certification in Part 4.
If NO, continue to Question 2.b.
Question 2.b: Was the building to be demolished
constructed or remodeled between January 1, 1950 and
December 31, 1980?
If YES continue to Question 2.c.
If NO, the PCBs Screening Assessment is complete,
skip to the certification in Part 4.
Question 2.c: Is the proposed demolition a complete
demolition of the building (as defined in key definitions
of this document)?
If YES continue to Part 3.
If NO, the PCBs Screening Assessment is complete,
skip to the certification in Part 4.
Part 3. Report concentrations of PCBs in priority building materials
Part 3 documents the results of the assessment of PCBs concentrations in priority building
materials. Part 3 is only required for proposed demolition of an applicable structure, as
determined in Part 2. Check the option used.
Option 1 Conduct representative sampling and analysis of the priority building materials
per the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (August 2018) provided in Attachment C.
Option 2 Use existing sampling results of the priority building materials. Applicants who
have conducted sampling prior to the publication of the protocol may use that data
provided it is consistent with the protocol (e.g., analytical methods, sample collection
frequency, QA/QC). It is anticipated that prior sampling results will rarely be available
and that most Applicants will need to use Option1.
3.a Option 1 – Conduct representative sampling
Check this box if you conducted representative sampling and analysis of the priority building
materials per the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (August 2018) (Attachment C).
Complete the applicable tables for each priority building material.
Attach the contractor’s report2 documenting the evaluation results.
Attach (or include in the contractor’s report) the QA/QC checklist (see Attachment C,
Section 3.2.4).
Attach copies of the analytical data reports.
2 The contractor’s report of the findings of the PCBs building material evaluation. See section 3 of Protocol for
Evaluating Priority PCBs-Containing Materials before Building Demolition (Attachment C).
Studies have found the highest
concentrations of PCBs in
building materials in buildings
that were built or remodeled
from 1950 to 1980.
For this process, the date that
the building permit was issued
will be used to determine
applicability.
4.2.a
Packet Pg. 31 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
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3.a Option 2 – Use existing sampling records
In some cases, a property owner may have conducted sampling of the priority building materials
for PCBS. If such data exist, you may use these data to demonstrate the concentration of PCBs
in the priority building materials for the PCBs screening. However, if the sampling must be
consistent with the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition.
Complete the applicable tables for each priority building material.
Attach the contractor’s report/statement that the results are consistent with the Protocol
for Evaluating Priority PCBs-Containing Materials before Building Demolition.
Attach copies of the analytical data reports.
Part 3 Tables Summarize concentrations of PCBs in priority building materials
Use these tables to summarize the concentrations of PCBs in the priority building materials.
Each page of the table is for a different material. Duplicate the pages as needed to
report all concentration data.
A blank page is provided. Applicants have the option of submitting PCBs concentration
data on other materials in addition to the priority building materials.
Column 1: required for all priority building material PCBs concentrations
Use column 1 to report all PCBs concentrations in the priority building materials. Provide
short description of the sample location, concentration.
Column 2: only required for PCBs concentrations ≥50 ppm
Use column 2 to estimate the amount of material associated with each sample.
Part 4. Certification
Complete the certification. The certification must be signed by the property owner or the
owner’s agent or legal representatives and the consultant who complete the application
form.
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5
Notices to Applicants Regarding Federal and State
PCBs Regulations
Applicants that determine PCBs exist in priority building materials must follow applicable federal
and state laws. This may include reporting to U.S. Environmental Protection Agency (USEPA),
the San Francisco Bay Regional Water Quality Control Board, and the California Department of
Toxic Substances Control (DTSC). These agencies may require additional sampling and
abatement of PCBs.
Depending on the approach for sampling and removing building materials containing PCBs, you
may need to notify or seek advance approval from USEPA before building demolition. Even in
circumstances where advance notification to or approval from USEPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under Toxic Substances Control Act
(TSCA).
Additionally, the disposal of PCBs waste is subject to California Code of Regulations (CCR)
California Code of Regulations (CCR) Title 22, Section Division 4.5, Chapter 12, Standards
Applicable to Hazardous Waste Generators.
Building owners and employers need to consider worker and public safety during work involving
hazardous materials and wastes including PCBs.
Federal and State Regulations
Building materials containing PCBs at or above 50 ppm that were manufactured with PCBs (e.g., caulk,
joint sealants, paint) fall under the category of PCBs bulk product wastes. See 40 Code of Federal
Regulations (CFR) 761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick, metal contaminated with PCBs are PCBs remediation wastes
(e.g., concrete contaminated with PCBs from caulk that contains PCBs). 40 CFR 761.3 defines PCBs
remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as manifesting of the waste for
transportation and disposal. See 40 CFR 761 and 40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to materials containing PCBs at or above 50 ppm. There are
circumstances in which materials containing PCBs below 50 ppm are subject to regulation under TSCA.
See 40 CFR 761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR) Title 22, Section Division
4.5, Chapter 12, Standards Applicable to Hazardous Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the Soluble Threshold Limit
Concentration test and 50 ppm based on the Total Threshold Limit Concentration test, see CCR, Title 22,
Section 66261.24, Table III.
4.2.a
Packet Pg. 33 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
6
Agency Contacts
Applicants should contact the appropriate agencies and review the relevant guidance and
information about PCBs in building materials. Municipal staff are not able to advise you on the
requirements of the applicable federal and state laws.
Agency Contact Useful Links
US Environmental
Protection Agency
Steve Armann (415) 972-3352
armann.steve@epa.gov
https://www.epa.gov/pcbs (EPA PCB website)
https://www.epa.gov/pcbs/questions-and-answers-about-
polychlorinated-biphenyls-pcbs-building-materials (PCBs in
Building Materials Fact Sheet and Q/A Document)
https://www.epa.gov/pcbs/pcb-facility-approval-streamlining-
toolbox-fast-streamlining-cleanup-approval-process
(USEPA PCB Facility Approval Streamlining Toolbox (PCB
FAST))
https://www.epa.gov/pcbs/polychlorinated-biphenyls-pcbs-
building-materials#Test-Methods (See Information for
Contractors Working in Older Buildings that May Contain
PCBs)
San Francisco Bay
Regional Water
Quality Control Board
Jan O’Hara (510) 622-5681
Janet.O’Hara@waterboards.ca.gov
Cheryl Prowell (510) 622-2408
Cheryl.Prowell@waterboards.ca.gov
https://www.waterboards.ca.gov/sanfranciscobay/water_iss
ues/programs/TMDLs/sfbaypcbstmdl.shtml
https://www.waterboards.ca.gov/sanfranciscobay/water_iss
ues/programs/sitecleanupprogram.html
Department of Toxic
Substances Control
Regulatory Assistance Office
1-800-72TOXIC
RAO@dtsc.ca.gov
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/PU
B_SMP_Guide-to-Selecting-a-Consultant.pdf
California Division of
Occupational Safety
and Health (known as
Cal/OSHA)
CalOSHA Consultations Services
1-800-963-9424
https://www.dir.ca.gov/dosh/consultation.html
4.2.a
Packet Pg. 34 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
A-1
Attachment A
Process Flow Chart
4.2.a
Packet Pg. 35 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Yes
Yes
Yes
PCBs in Priority Building Materials
Screening Assessment Process
Do representative
sample results or records
show PCBs
concentrations ≥50 ppm
in one or more priority
materials?
Positive screening
Applicant submits screening form to
municipality. Municipality issues
demolition permit in accordance with
municipal procedures.
Applicant follows applicable federal
and state requirements for
notification and abatement. (See
Note 1 on reverse side.)
PCBs Screening Assessment is complete or did not identify PCBs concentrations ≥50 ppm in any priority
materials. (See Note 1 on reverse side.) Applicant submits screening form to Municipality and Municipality
issues demolition permit in accordance with municipal procedures.
No
Is the building to be
demolished wood framed
or a single family
residential building?
Was the building to be
demolished constructed or
remodeled between January
1, 1950 and December 31,
1980?
No
No
Applicant conducts representative sampling of priority
building materials consistent with the methods outlined in
Protocol for Evaluating Priority PCBs-Containing
Materials before Building Demolition (2018).
Applicant may also use available records specific to the
priority building materials found in the building to
determine PCBs concentrations.
Is the proposed
demolition a complete
demolition of the
building ?
No
Yes
4.2.a
Packet Pg. 36 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Note 1
Building materials containing PCBs at or above 50 ppm that were
manufactured with PCBs (e.g., caulk, joint sealants, paint) fall under the
category of PCBs bulk product wastes. See 40 Code of Federal Regulations
(CFR) 761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick or metal contaminated with PCBs
are PCBs remediation wastes (e.g., concrete contaminated with PCBs from
caulk that contains PCBs). 40 CFR 761.3 defines PCBs remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as
manifesting of the waste for transportation and disposal. See 40 CFR 761 and
40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to “materials containing PCBs at or
above “50 mg/kg.” There are circumstances in which materials containing
PCBs below 50 mg/kg are subject to regulation under TSCA. See 40 CFR
761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR)
Title 22, Section Division 4.5, Chapter 12, Standards Applicable to Hazardous
Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the
Soluble Threshold Limit Concentration test and 50 ppm based on the Total
Threshold Limit Concentration test, see CCR, Title 22, Section 66261.24,
Table III.
4.2.a
Packet Pg. 37 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-1
Attachment B
PCBs in Priority Building Materials Screening
Assessment Form
4.2.a
Packet Pg. 38 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
PCBs Screening Assessment Form
1
For Municipality Use Only
Date Received
File #
This screening process is part of a program for water quality protection and was designed in accordance with
requirements in the Bay Area regional municipal stormwater NPDES permit (referred to as the Municipal Regional
Permit). This process does not address other environmental programs or regulations (e.g., PCBs regulations under the
Toxic Substances Control Act (TSCA); federal, state, or local regulations for hazardous material handling and hazardous
waste disposal; health and safety practices to mitigate human exposure to PCBs or other hazardous materials; recycling
mandates; or abatement at sites with PCBs or other contaminants). The applicant is responsible for knowing and
complying with all relevant laws and regulations. See Notices to Applicants section in the Applicant Instructions
and at the end of this form.
Complete all applicable parts of the PCBs Screening Assessment Form and submit with your
demolition permit application.
All Applicants must complete Part 1 and Part 2.
Part 1. Owner/Consultant and project information
Owner Information
Name
Address
City State Zip
Contact (Agent)
Phone Email
Consultant Information
Firm Name
Address
City State Zip
Contact Person
Phone Email
Project Location
Address
City State CA Zip
APN (s)
Year Building was Built Type of Construction
Estimated Demolition Date
4.2.a
Packet Pg. 39 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
2
Part 2. Is building subject to the PCBs screening requirement based on type, use, and age of
the building?
2.a Is the building to be demolished wood framed and/or single family residential? Yes No
If the answer to question 2.a is Yes, the PCBs Screening Assessment is complete, skip to Part 4. If the answer is No,
continue to Question 2.b.
2.b Was the building to be demolished constructed or remodeled between January 1,
1950 and December 31, 1980? Yes No
If the answer to Question 2.b is No the PCBs Screening Assessment is complete, skip to Part 4. If the answer is
Yes, continue to Question 2.c.
2.c Is the proposed demolition a complete demolition of the building? Yes No
If the answer to Question 2.c is No the PCBs Screening Assessment is complete, skip to Part 4. If the answer is
Yes, complete Part 3.
All applications affecting applicable structures and demolitions must complete Part 3 and the Part 3 Tables.
Part 3. Report concentrations of PCBs in priority building materials
Option 1. Applicants conducted representative sampling and analysis of the priority building materials per the Protocol
for Evaluating Priority PCBs-Containing Materials before Building Demolition (2018) (Attachment C).
Option 2. Applicants possess existing sample results that are that are consistent with the Protocol for Evaluating Priority
PCBs-Containing Materials before Building Demolition (2018) (Attachment C).
3.a Select option and report PCBs concentrations in the priority building materials and the source of data for each of
the priority building materials. Provide the required supporting information
Option 1 Conduct Representative Sampling
Summarize results on Part 3 Tables; and
Provide the following supporting information:
□ Contractor’s report documenting the assessment
results;
□ QA/QC checklist (see Attachment C, section 3.2.4);
and
□ Copies of the analytical data reports.
Option 2 Use Existing Sampling Records
Summarize results on Part 3 Tables; and
Provide the following supporting
information:
□ Contractor’s report/statement that the
results are consistent with the Protocol
for Evaluating Priority PCBs-
Containing Materials before Building
Demolition.
□Copies of the analytical data reports.
All Applicants must complete Part 4.
Part 4. Certification
I certify that the information provided in this form is, to the best of my knowledge and belief, true, accurate, and complete. I
further certify that I understand my responsibility for knowing and complying with all relevant laws and regulations related
to reporting, abating, and handing and disposing of PCBs materials and wastes. I understand there are significant
penalties for submitting false information. I will retain a copy of this form and the supporting documentation for at least 5
years.
Signature: Date:
(Property Owner//Agent/Legal Representative)
Print/Type:
(Property Owner/Agent/Legal Representative Name)
Signature: Date:
(Consultant Completing Application Form)
Print/Type:
(Consultant Completing Application Form)
4.2.a
Packet Pg. 40 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Notices to Applicants Regarding Federal and State PCBs Regulations
3
Applicants that determine PCBs exist in building materials must follow applicable federal and state laws. This may
include reporting to U.S. Environmental Protection Agency (USEPA), the San Francisco Bay Regional Water
Quality Control Board, and the California Department of Toxic Substances Control (DTSC). These agencies may
require additional sampling and abatement of PCBs. Depending on the approach for sampling and removing
building materials containing PCBs, you may need to notify or seek advance approval from USEPA before building
demolition. Even in circumstances where advance notification to or approval from USEPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under TSCA and the California Code of Regulations.
(See Note 1)
Agency Contact Useful Links
US Environmental
Protection Agency
Steve Armann (415) 972-3352
armann.steve@epa.gov
https://www.epa.gov/pcbs (EPA PCBs website)
https://www.epa.gov/pcbs/questions-and-answers-about-polychlorinated-
biphenyls-pcbs-building-materials (PCBs in Building Materials Fact Sheet and
Q/A Document)
https://www.epa.gov/pcbs/pcb-facility-approval-streamlining-toolbox-fast-
streamlining-cleanup-approval-process (USEPA PCB Facility Approval
Streamlining Toolbox (PCB FAST))
https://www.epa.gov/pcbs/polychlorinated-biphenyls-pcbs-building-
materials#Test-Methods (See Information for Contractors Working in Older
Buildings that May Contain PCBs)
San Francisco Bay
Regional Water Quality
Control Board
Jan O’Hara (510) 622-5681
Janet.O’Hara@waterboards.ca.gov
Cheryl Prowell (510) 622-2408
Cheryl.Prowell@waterboards.ca.go
v
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TM
DLs/sfbaypcbstmdl.shtml
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/site
cleanupprogram.html
Department of Toxic
Substances Control
Regulatory Assistance Office
1-800-72TOXIC
RAO@dtsc.ca.gov
http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/PUB_SMP_Guide-to-
Selecting-a-Consultant.pdf
California Division of
Occupational Safety and
Health (Cal/OSHA)
CalOSHA Consultations Services
1-800-963-9424
https://www.dir.ca.gov/dosh/consultation.html
Note 1 - Federal and State Regulations
Building materials containing PCBs at or above 50 ppm that were manufactured with PCBs (e.g., caulk, joint
sealants, paint) fall under the category of PCBs bulk product wastes. See 40 Code of Federal Regulations (CFR)
761.3 for a definition of PCBs bulk product wastes.
Building materials such as concrete, brick, metal contaminated with PCBs are PCBs remediation wastes (e.g.,
concrete contaminated with PCBs from caulk that contains PCBs). 40 CFR 761.3 defines PCBs remediation wastes.
Disposal of PCBs wastes are subject to TSCA requirements such as manifesting of the waste for transportation and
disposal. See 40 CFR 761 and 40 CFR 761, Subpart K.
TSCA-regulated does not equate solely to materials containing PCBs at or above 50 ppm. There are circumstances
in which materials containing PCBs below 50 ppm are subject to regulation under TSCA. See 40 CFR
761.61(a)(5)(i)(B)(2)(ii).
Disposal of PCBs wastes are subject to California Code of Regulations (CCR) Title 22, Section Division 4.5, Chapter
12, Standards Applicable to Hazardous Waste Generators.
California hazardous waste regulatory levels for PCBs are 5 ppm based on the Soluble Threshold Limit
Concentration test and 50 ppm based on the Total Threshold Limit Concentration test, see CCR, Title 22, Section
66261.24, Table III.
4.2.a
Packet Pg. 41 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
4 Part 3 Caulk Applications Table Column 1. Report all PCBs concentrations for each homogenous area of caulking area (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 ppm Caulk Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Caulk Sample 1 320 48 Linear Feet 1. Linear Feet 2. Linear Feet 3. Linear Feet 4. Linear Feet 5. Linear Feet 6. Linear Feet 7. Linear Feet 8. Linear Feet 9. Linear Feet 10. Linear Feet Duplicate page if additional space is needed. 4.2.aPacket Pg. 42Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
5 Part 3 Fiberglass Insulation Applications Table Column 1. Report all PCBs concentrations for each homogenous area of fiberglass insulation (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Fiberglass Insulation Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Fiberglass Insulation Sample 1 78 86 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Square Feet 8. Square Feet 9. Square Feet 10. Square Feet To estimate the square footage of insulation wrapped around pipes use the formula to calculate the lateral area of a cylinder 2Πrh. Where r is the pipe radius and h is the pipe length. Duplicate page if additional space is needed.4.2.aPacket Pg. 43Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
6 Part 3 Thermal Insulation Applications Table Column 1. Report all PCBs concentrations for each homogenous area of thermal insulation (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Thermal Insulation Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Thermal Insulation Sample 1 20 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Linear Feet 8. Square Feet 9. Square Feet 10. Square Feet To estimate the square footage of insulation wrapped around pipes use the formula to calculate the lateral area of a cylinder 2Πrh. Where r is the pipe radius and h is the pipe length. Duplicate page if additional space is needed.4.2.aPacket Pg. 44Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
7 Part 3 Adhesive Mastic Applications Table Column 1. Report PCBs concentrations for each homogenous area of mastic (see Attachment C, Section 3.2.2. Use sample designators/descriptions from laboratory report.) Column 2. Complete for each concentration ≥ 50 mg/kg Adhesive Mastic Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Adhesive Mastic Sample 1 87.4 800 Square Feet 1. Square Feet 2. Square Feet 3. Square Feet 4. Square Feet 5. Square Feet 6. Square Feet 7. Linear Feet 8. Square Feet 9. Square Feet 10. Square Feet Duplicate page if additional space is needed. 4.2.aPacket Pg. 45Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
8 Part 3 Rubber Window Gasket Applications Table Column 1. Report PCBs concentrations for each gasket (see Attachment C, Section 3.2.2). Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Rubber Window Gasket Application Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Window Gasket Sample 1 70 75 Linear Feet 1. Linear Feet 2. Linear Feet 3. Linear Feet 4. Linear Feet 5. Linear Feet 6. Linear Feet 7. Linear Feet 8. Linear Feet 9. Linear Feet 10. Linear Feet Duplicate page if additional space is needed. 4.2.aPacket Pg. 46Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
9 Part 3 Other Materials Table Column 1. Optional: Use this form to report PCBs concentration data from materials other than priority building materials. Report PCBs concentrations for each material and homogeneous area. Use sample designators/descriptions from laboratory report. Column 2. Complete for each concentration ≥ 50 mg/kg Material Sample Description Concentration (mg/kg) Estimate Amount of Material Units Example: Wall paint Sample 1 228 1500 Square Feet 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Duplicate page if additional space is needed. 4.2.aPacket Pg. 47Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package
C-1
Attachment C
Protocol for Evaluating Priority PCBs-Containing
Materials before Building Demolition
4.2.a
Packet Pg. 48 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Managing PCBs−Containing Building Materials
during Demolition:
Guidance, Tools, Outreach and Training
Protocol for Evaluating Priority
PCBs-Containing Materials before
Building Demolition
August 2018
4.2.a
Packet Pg. 49 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
This document is a deliverable of the Bay Area Stormwater Management Agencies Association
(BASMAA) project Managing PCBs−Containing Building Materials during Demolition: Guidance, Tools,
Outreach and Training. BASMAA developed guidance, tools, and outreach and training materials to assist
with San Francisco Bay Area municipal agencies’ efforts to address the requirements of Provision C.12.f.
of the Bay Area Municipal Regional Stormwater Permit (referred to as the MRP). Provision C.12.f of the
MRP requires Permittees to manage PCBs–containing building materials during demolition.
We gratefully acknowledge the BASMAA Steering Committee for this project, which provided overall
project oversight, including during the development of this and other project deliverables:
• Reid Bogert, Stormwater Program Specialist, San Mateo Countywide Water Pollution Prevention
Program (BASMAA Project Manager)
• Amanda Booth, Environmental Program Analyst, City of San Pablo
• Kevin Cullen, Program Manager, Fairfield-Suisun Urban Runoff Management Program
• Matt Fabry, Program Manager, San Mateo Countywide Water Pollution Prevention Program
• Gary Faria, Supervisor, Inspection Services, Building Inspection Division, Contra Costa County
• Napp Fukuda, Deputy Director - Watershed Protection Division, City of San José
• Ryan Pursley, Chief Building Official, Building Division, City of Concord
• Pam Boyle Rodriguez, Manager, Environmental Control Programs – Stormwater, City of Palo Alto
• Jim Scanlin, Program Manager, Alameda Countywide Clean Water Program
• Melody Tovar, Regulatory Programs Division Manager, City of Sunnyvale
We also gratefully acknowledge the project Technical Advisory Group, which provided feedback from a
variety of project stakeholders during development of selected project deliverables:
Stakeholder Group Representative(s)
Regulatory – stormwater/PCBs Luisa Valiela and Carmen Santos, U.S. EPA Region 9
Regulatory – stormwater/TMDL Jan O’Hara, San Francisco Bay Regional Water Quality
Control Board
Regulatory – experience with related
program (asbestos management)
Ron Carey and Richard Lew, Bay Area Air Quality
Management District
Industry – demolition contractors Avery Brown, Ferma Corporation
Industry – remediation consultants John Martinelli, Forensic Analytical Consulting
John Trenev, Bayview Environmental Services, Inc.
MRP Permittee – large municipality Patrick Hayes, City of Oakland
MRP Permittee – medium municipality Kim Springer, San Mateo County Office of Sustainability
MRP Permittee – small municipality Amanda Booth, City of San Pablo
4.2.a
Packet Pg. 50 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Prepared for:
BASMAA
P.O. Box 2385
Menlo Park, CA 94026
Prepared by:
EOA, Inc.
Larry Walker Associates
Geosyntec Consultants
Stephanie Hughes
David J. Powers & Associates, Inc.
4.2.a
Packet Pg. 51 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
iii
TABLE OF CONTENTS
DISCLAIMER ........................................................................................... iv
1. INTRODUCTION ................................................................................................ 1
2. CURRENTLY ESTABLISHED BUILDING MATERIAL EVALUATION
PROTOCOLS ....................................................................................................... 3
2.1 Asbestos Containing Material Evaluation Procedures................................. 3
2.1.1 Asbestos-Containing Materials in Schools Rule ............................. 3
2.2 Lead-Based Paint (LBP) Evaluation Procedures ......................................... 7
2.2.1 LBP Sampling Procedures: Test Kits .............................................. 7
2.2.2 LBP Sampling Procedures: XRF Devices ....................................... 8
2.2.3 LBP Sampling Procedures: Laboratory Testing of Paint Chips .... 10
3. PCBS BUILDING MATERIAL EVALUATION PROTOCOL ........................ 13
3.1 Priority Building Materials to be Tested.................................................... 13
3.2 PCBs Sampling Procedures ....................................................................... 15
3.2.1 Sampling Equipment...................................................................... 16
3.2.2 Sample Collection Frequency ........................................................ 16
3.2.3 Sample Analysis and Preservation ................................................. 18
3.2.4 Quality Assurance and Quality Control ......................................... 19
3.3 Reporting and Notifications ....................................................................... 19
4. REFERENCES ................................................................................................... 21
LIST OF APPENDICES
Appendix A: PCBs Building Material Prioritization Worksheet
Appendix B: Priority Building Materials Photographic Log
4.2.a
Packet Pg. 52 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
iv
DISCLAIMER
Information contained in BASMAA products is to be considered general guidance and is not to be
construed as specific recommendations for specific cases. BASMAA is not responsible for the
use of any such information for a specific case or for any damages, costs, liabilities or claims
resulting from such use. Users of BASMAA products assume all liability directly or indirectly
arising from use of the products.
The material presented in this document is intended solely for the implementation of a municipal
regulatory program required by the San Francisco Bay Area Regional Water Quality Control
Board Municipal Regional Stormwater Permit for the protection of water quality under the Clean
Water Act.
BASMAA prepared the tools and guidance herein to assist MRP Permittees’ efforts to address
the requirements of Provision C.12.f. of the MRP. The project team received input from a variety
of stakeholders during development of the tools and guidance, including regulators (San
Francisco Bay Regional Water Quality Control Board, U.S. EPA, and Bay Area Air Quality
Management District staff), Bay Area municipal agency staff, and industry representatives.
This document does not address other environmental programs or regulations (e.g., PCBs
regulations under the Toxic Substances Control Act (TSCA); federal, state, or local regulations
for hazardous material handling and hazardous waste disposal; health and safety practices to
mitigate human exposure to PCBs or other hazardous materials; recycling mandates; and
abatement at sites with PCBs (or other contaminants). The applicant is responsible for knowing
and complying with all relevant laws and regulations.
The mention of commercial products, their source, or their use in connection with information in
BASMAA products is not to be construed as an actual or implied approval, endorsement,
recommendation, or warranty of such product or its use in connection with the information
provided by BASMAA.
This disclaimer is applicable to all BASMAA products, whether information from the BASMAA
products is obtained in hard copy form, electronically, or downloaded from the Internet
4.2.a
Packet Pg. 53 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
1
1.INTRODUCTION
The San Francisco Bay Region Municipal Regional Stormwater NPDES permit, referred to as the
Municipal Regional Permit (MRP)1, includes provisions that implement stormwater-related
aspects of the Total Maximum Daily Load (TMDL) for polychlorinated biphenyls (PCBs) in the
Bay. Provision C.12.f. requires that Permittees develop and implement or cause to be developed
and implemented an effective protocol for managing materials with PCBs concentrations of 50
milligrams per kilogram (mg/kg) (equivalent to parts-per-million, or ppm), the target management
level, or greater in applicable structures at the time such structures undergo demolition 2, so that
PCBs do not enter municipal storm drain systems. Applicable structures include, at a minimum,
non-residential structures constructed or remodeled between the years 1950 and 1980 with
building materials such as caulking and thermal insulation with PCBs concentrations of 50 ppm
or greater. Single-family residential and wood frame structures are exempt. Also, a Permittee is
exempt from this requirement if it provided evidence acceptable to the Executive Officer in its
2016/17 Annual Report that the only structures that existed pre-1980 within its jurisdiction were
single-family residential and/or wood-frame structures.3
Permittees are required to develop a protocol by June 30, 2019 that includes each of the following
components, at a minimum:
1.The necessary authority to ensure that PCBs do not enter municipal storm drains from
PCBs-containing materials in applicable structures at the time such structures undergo
demolition;
2.A method for identifying applicable structures prior to their demolition; and
3.Method(s) for ensuring PCBs are not discharged to the municipal storm drain from
demolition of applicable structures.
By July 1, 2019 and thereafter, Permittees are required to:
•Implement or cause to be implemented the PCBs management protocol for ensuring PCBs
are not discharged to municipal storm drains from demolition of applicable structures via
vehicle track-out, airborne releases, soil erosion, or stormwater runoff.
•Develop an evaluation methodology and data collection program to quantify in a
technically sound manner PCBs loads reduced through implementation of the protocol for
controlling PCBs during demolition of applicable structures.
1 The Municipal Regional Stormwater Permit, Order No. R2-2015-0049, was adopted November 19, 2015.
2 Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with
any related handling operations (40 CFR., Part 61, Subpart M).
3 The City of Clayton provided evidence to support an exemption from the requirement.
4.2.a
Packet Pg. 54 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
2
On behalf of MRP Permittees, the Bay Area Stormwater Management Agencies Association
(BASMAA) is conducting a regional project to assist MRP Permittees to achieve compliance with
Provision C.12.f. The regional project is developing guidance materials, tools, protocols and
training materials and conducting outreach. The goal is to assist Permittees to develop local
programs to prevent PCBs from being discharged to municipal storm drains due to demolition of
applicable buildings. Local agencies will need to tailor the BASMAA products for local use and
train local staff to implement the new program.
This document is the deliverable for Task 3 of the regional project, which is to develop a protocol
for the assessment of prioritized PCBs-containing building materials prior to demolition. The full
scope of work for the regional project is presented in the Project team’s Proposal for Tools,
Protocol, Outreach & Training Work Plan: PCBs Materials Management during Building
Demolition Project (dated January 31, 2017; revised March 2017). If materials are found or known
to contain PCBs, those materials must be managed appropriately and according to all applicable
local, state, and federal requirements. Management of PCBs-containing materials is beyond the
scope of this document.
To establishing the PCBs protocol, current established protocols were evaluated that are widely
accepted in the building demolition industry for other Federal- and State-regulated constituents of
concern. This document provides applicable examples of sampling and evaluation procedures for
building materials potentially contaminated with asbestos-containing material (ACM)4 and lead-
based paint (LBP)5, which are summarized and referenced to provide the foundation for the PCBs
protocol. These components include guidance on sampling frequencies, laboratory sample
analysis, quality assurance and quality control procedures, and reporting.
4 Asbestos-containing material (ACM) means any material or product which contains more than one percent asbestos.
5 Lead-based paint (LBP) is any paint, varnish, shellac, or other coating that contains lead equal to or greater than 1.0 mg/cm2 as
measured by XRF device or laboratory analysis, or 0.5 percent by weight (5,000 ppm or 5,000 mg/kg) as measured by laboratory
analysis.
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2. CURRENTLY ESTABLISHED BUILDING MATERIAL EVALUATION
PROTOCOLS
This section presents evaluation protocols for ACM and LBP, which provide a foundation for the
PCBs protocol summarized in Section 3. This section includes guidance on sampling frequencies,
laboratory sample analysis, quality assurance and quality control procedures derived from
regulatory procedures for ACM and LBP.
2.1 Asbestos Containing Material Evaluation Procedures
Asbestos bulk sampling procedures are specified in several Federal regulations, implemented
primarily by the United States Environmental Protection Agency (EPA) as well as the
Occupational Safety and Health Administration (OSHA). The Consumer Product Safety
Commission (CPSC) and the Mine Safety and Health Administration (MSHA) specify additional
regulations and procedures, but these are generally less applicable to evaluation procedures.
The foundational regulations pertaining to asbestos sampling in buildings are the Asbestos Hazard
Emergency Response Act (AHERA; Toxic Substances Control Act [TSCA] Title II) (15 U.S.C. §
2641-2656) as well as the Asbestos School Hazard Abatement Reauthorization Act (ASHARA).
EPA promulgated regulations under AHERA to require inspection of schools for asbestos-
containing building materials, and to perform resultant corrective actions. Furthermore, AHERA
tasked the EPA with developing a plan for accreditation of asbestos inspectors. ASHARA
extended funding for asbestos programs at schools and expanded accreditation requirements to
cover asbestos abatement at commercial buildings other than schools.
Pursuant to AHERA, the Asbestos-Containing Materials in Schools rule (40 CFR Part 763, Subpart
E) details specific requirements for building material inspections at schools, preparation of
asbestos management plans, and implementation of response actions. EPA regulation on asbestos
related to structure demolition is specified in subpart M of the National Emission Standards for
Hazardous Air Pollutants (NESHAP) regulations (40 CFR Part 61, Subpart M).
The following sections summarize the evaluation procedures specified in the Asbestos-Containing
Materials in Schools rule as well as the Asbestos NESHAP regulations. Both OSHA and EPA
worker protection requirements are also discussed.
2.1.1 Asbestos-Containing Materials in Schools Rule
The following sections summarize the inspection, re-inspection, sampling, analysis, and evaluation
procedures specified in the Asbestos-Containing Materials in Schools rule (40 CFR Part 763,
Subpart E).
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Evaluation
For each inspection and re-inspection of asbestos-containing building material (ACBM)6, the local
education agency shall have an accredited inspector provide a written evaluation of all friable
known or assumed ACBM. The evaluation shall consider the following:
•Location and amount of material, both in total quantity and as a percentage of the functional
space;
•Condition of the material, specifying:
o Type of damage or significant damage (e.g., flaking, blistering, water damage, or other
signs of physical damage);
o Severity of damage (e.g., major flaking, severely torn protective jackets, as opposed to
occasional flaking, minor tears to jackets);
o Extent or spread of damage over large areas or large percentages of the homogeneous7
area;
•Whether the material is accessible;
•The material’s potential for disturbance;
•Known or suspected causes of damage or significant damage (e.g., air erosion, vandalism,
vibration, water); and
•Preventive measures that could potentially eliminate the reasonable likelihood of
undamaged ACBM from becoming significantly damaged.
The inspector shall classify and give reasons in the written evaluation for classifying the ACBM
and suspected ACBM assumed to be ACM into one of the following categories:
1.Damaged or significantly damaged thermal system insulation ACM;
2.Damaged friable surfacing ACM;
3.Significantly damaged friable surfacing ACM;
4.Damaged or significantly damaged friable miscellaneous ACM;
5.ACBM with potential for damage;
6.ACBM with potential for significant damage; and
7.Any remaining friable ACBM or friable suspected ACBM.
6 Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is
found in or on interior structural members or other parts of a building.
7 Homogenous refers to a substance or area that is uniform in texture, color, and general physical appearance and properties.
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Inspection and Re-inspection
Inspect any building that is to be used as a school, prior to such use, by an accredited inspector. In
emergency situations, inspect the building within 30 days of commencement of such use.
For each area of the building, complete the following inspection procedure:
• Visually inspect the area to identify suspected ACBM;
• Touch suspected ACBM to determine friability (Friable material is material that may be
crumbled or pulverized by hand pressure alone. Note that thermal system insulation that
has retained its structural integrity and that has an undamaged protective jacket or wrap
that prevents fiber release shall be treated as non-friable.);
• Categorize all areas into homogenous areas of friable suspected ACBM and non-friable
suspected ACBM;
• Assume that some or all the homogeneous areas are ACBM, and for each homogeneous
area that is not assumed to be ACBM, collect and submit samples for bulk analysis. Do not
sample areas that an accredited inspector assumes to contain ACBM. For uncertain areas,
collect and bulk samples and submit for analysis (see Sampling below);
• Assess friable material in areas where samples are collected, in areas wh ere samples are
not collected but ACBM is assumed to be present, and in areas identified in previous
inspections;
• Record the following information and submit a copy for inclusion in an asbestos
management plan, within 30 days of the inspection:
o An inspection report including the signature, state of accreditation, and
accreditation number of each inspector, as well as the date of the inspection;
o A comprehensive inspection inventory, including the date and locations of samples,
locations of areas assumed to contain friable ACBM, and locations of areas
assumed to contain non-friable ACBM;
o A description of the manner used to determine sampling locations;
o A list of all categorized and identified homogenous areas into surfacing material,
thermal system insulation, or miscellaneous material; and
o Evaluations made of friable material.
Repeat this process as a re-inspection at least once every 3 years after a management plan is in
effect. Reassess the condition of friable known or assumed ACBM previously identified. Identify
any homogenous areas with material that has become friable since the last inspection or re-
inspection and collect and submit samples of the material.
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Sampling
Collect samples in a statistically random manner that is representative of each homogeneous area.
•For surfacing material, the number of samples to be collected is as follows:
o Collect at least three samples from each homogenous area less than 1,000 square
feet;
o Collect at least five samples from each homogenous area between 1,000 and 5,000
square feet; and
o Collect at least seven samples from each homogenous area greater than 5,000
square feet.
•For thermal system insulation:
o Collect at least one bulk sample from each homogeneous area that is not assumed
to be ACM;
o Collect at least one bulk sample from each homogeneous area of patched insulation
that is not assumed to be ACM, if the patched section is less than six linear or square
feet;
o Where cement or plaster is used on fittings such as tees, elbows or valves, collect
samples to determine if material is ACM or not;
o If the accredited inspector determines that the thermal system insulation is
fiberglass, foam glass, rubber, or other non-ACBM, samples are not required to be
collected;
•For miscellaneous material, collect bulk samples from each homogeneous area of friable
material that is not assumed to be ACM.
Analysis
Samples should be analyzed by laboratories accredited by the National Bureau of Standards
(NBS). The laboratories must have received interim accreditation for polarized light microscopy
(PLM) analysis under the EPA Interim Asbestos Bulk Sample Analysis Quality Assurance
Program until the NBS PLM laboratory accreditation program for PLM is operational.
Samples should be analyzed for asbestos content by PLM using the “Interim Method for the Bulk
Determination of Asbestos in Bulk Insulation Samples”, found at Appendix E to Subpart E of 40
CFR Part 763. Samples should not be composited.
A homogenous area is considered not to contain ACM only if the results of all samples fro m that
area show asbestos in concentrations of 1 percent or less. An area is considered to contain ACM
if at least one sample from the area shows asbestos in concentrations greater than 1 percent.
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Submit the name and address of each laboratory performing the analysis, the date of the analysis,
and the person performing the analysis for inclusion into the management plan within 30 days of
the analysis.
2.2 Lead-Based Paint (LBP) Evaluation Procedures
Lead-Based Paint (LBP) evaluation procedures are codified in various federal and state
regulations.
Title IV of the Toxic Substances Control Act (TSCA) as well as other authorities in the Residential
Lead-Based Paint Hazard Reduction Act of 1992 directs the EPA to regulate lead-based paint
hazards. The primary Federal regulations and guidelines related to LBP evaluation procedures
include:
•The Lead Renovation, Repair and Painting Program (RRP) Rule (40 CFR 745, Subpart E);
•The National Lead Laboratory Accreditation Program (TSCA Section 405(b)); and
•The Housing and Urban Development (HUD) Guidelines for the Evaluation and Control
of Lead-Based Paint Hazards in Housing (2012 Edition) (pursuant to Section 1017 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992, A.K.A. “Title X”)
Furthermore, the California Department of Public Health (CDPH) Title 17, California Code of
Regulations, Division 1, Chapter 8 “Accreditation, Certification, and Work Practices for Lead -
Based Paint and Lead Hazards,” specifies some LBP evaluation procedures as part of the
accreditation program.
The HUD Guidelines provide the most comprehensive procedures for LBP evaluations and are
referenced by many other regulations.
There are three primary methods of performing LBP evaluation: test kits, X-ray Fluorescence
(XRF) devices, and laboratory testing of paint chips. Sampling procedures for each method are
detailed in the following sections.
Under CDPH Title 17, certified Lead Inspector/Assessors are required to use XRF devices or
laboratory analysis, and not test kits.
2.2.1 LBP Sampling Procedures: Test Kits
In 2008, the EPA published the RRP rule, which, among other things, established criteria for lead
test kits for use in LBP evaluation. Lead test kits recognized by EPA before September 1, 2010,
must meet only the negative response criterion outlined in 40 CFR 745.88(c)(1):
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For paint containing lead at or above the regulated level, 1.0 mg/cm2 or 0.5% by weight,
a demonstrated probability (with 95% confidence) of a negative response less than or equal
to 5% of the time must be met.
Lead test kits recognized after September 1, 2010, must meet both the negative response and
positive response criteria outlined in 40 CFR 745.88(c)(1) and (2). The positive-response criterion
states:
For paint containing lead below the regulated level, 1.0 mg/cm2 or 0.5% by weight, a
demonstrated probability (with 95% confidence) of a positive response less than or equal
to 10% of the time must be met.
To date, no lead test kit has met both criteria8. However, three lead test kits recognized before
September 1, 2010, exist and are recognized by EPA:
• 3M™ LeadCheck™, manufactured by the 3M Company, for use on wood, ferrous metal,
drywall, and plaster surfaces;
• D-Lead®, manufactured by ESCA Tech, Inc., for use on wood, ferrous metal, drywall, and
plaster surfaces; and
• The Commonwealth of Massachusetts lead test kit, for use only on drywall and plaster
surfaces.
Test kits cannot determine the concentration of lead, only presence or absence at best. For this
reason, test kits are best used by homeowners or other non-professionals as a preliminary
evaluation before using an XRF device or laboratory analysis of paint chips.
There are currently no detailed sampling procedures for test kits that would be applicable to PCBs
evaluation. However, test kit technology may be a useful paradigm for PCBs evaluation if a kit
can be developed to test PCBs at an acceptable concentration that uses a repeatable methodology
to meet the data quality objectives.
2.2.2 LBP Sampling Procedures: XRF Devices
The following sections summarize LBP evaluation procedures for XRF devices, including
description of sampling equipment, collection techniques and frequency, sample analysis, and
quality assurance.
8 US EPA, Lead Test Kits, https://www.epa.gov/lead/lead-test-kits, accessed September 19, 2017.
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LBP Analyzers
According to the HUD Guidelines, portable XRF devices are the most common primary analytical
method for inspections in housing because of their versatility in analyzing a wide variety of surface
types, non-destructive measurement, high speed, and low cost per sample. Each XRF device must
have a HUD-issued XRF Performance Characteristic Sheet (PCS), which contains information
about XRF readings taken on specific surface types, calibration check tolerances, and
interpretation of XRF readings.
Collection Techniques and Frequency
HUD Guidelines provide separate sampling techniques for single- and multi-family housing.
However, the general approach to sampling is the following seven-step procedure:
•List all testing combinations of building components and substrates (e.g., wood doors,
metal doors, plaster walls, concrete walls);
•Select testing combinations. A numbering system, floor plan, sketch or other system may
be used to document which testing combinations were tested;
•Perform XRF testing, including calibration;
•Collect and analyze paint-chip samples as needed;
•Classify XRF and paint-chip results;
•Evaluate the work and results to ensure the quality of the inspection; and
•Document the findings in a summary and in a complete technical report.
Because of the large surfaces and quantities of paint involved, and the potential for spatial
variation, HUD Guidelines recommend taking at least four readings per room, with special
attention paid to surfaces that clearly have different painting history. The selection of test locations
should be representative of locations most likely to be coated with old paint or other lead -based
coatings, such as areas with thick paint; areas with worn or scraped off paint should be avoided.
For large buildings with many similar units, HUD Guidelines recommend testing a designated
sample of units to provide 95% confidence that most units are below the lead standard. The sample
size should be carefully chosen using statistical techniques (see HUD Guidelines, Table 7.3).
Sample Analysis
Portable XRF devices expose a surface to X-ray or gamma radiation and measure the emission of
characteristic X-rays from each element in the analyzed surface. The XRF reading is compared
with a range specified in the PCS for the specific XRF device being used and the specific substrate
beneath the painted surface.
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When discrepancies exist between the PCS, HUD Guidelines, and the XRF device’s
manufacturer’s instructions, the most stringent guideline should be followed.
Quality Assurance
HUD Guidelines provide several techniques for evaluation of inspection quality.
A knowledgeable observer independent of the inspection firm should be present for as much XRF
testing as possible, especially if they have knowledge of LBP evaluation and/or the paint history
of the facility.
The client should ask the inspector to provide copies of the results as soon as possible, or daily,
allowing for immediate review.
Data from HUD’s private housing lead-based paint hazard control program show that it is possible
to successfully retest painted surfaces without knowing the exact spot which was tested. Therefore,
the client may consider selecting 10 testing combinations for retesting at random from the already
compiled list of all testing combinations, using the XRF device used for the original measurements,
if possible. The average of the 10 repeat XRF results should not differ from the 10 original XRF
results by more than the retest tolerance limit. The procedure for calculating the retest tolerance
limit is specified in the PCS. If the limit is exceeded, the procedure should be repeated using 10
different testing combinations. If the retest tolerance limit is exceeded again, the original
inspection is considered deficient.
Currently XRF technology and methods are not applicable to PCBs building material evaluation,
as the precision is not adequate to provide a concentration that could be relied upon for this
program.
2.2.3 LBP Sampling Procedures: Laboratory Testing of Paint Chips
The following sections summarize LBP evaluation procedures for XRF devices, including the
description of sampling equipment, collection techniques and frequency, sample analysis, and
quality assurance.
Laboratory analysis of paint chip samples is only recommended by HUD for inaccessible areas or
building components with irregular (non-flat) surfaces that cannot be tested using XRF devices,
for confirmation of inconclusive XRF results, or for additional confirmation of conclusive XRF
results.
Unlike XRF analysis, paint chip collection techniques may be more directly applicable to potential
PCBs collection techniques.
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Sampling Equipment
Common hand tools can be used to scrape paint chips from a surface; specialized equipment is not
necessary. However, HUD Guidelines recommend that samples should be collected in sealable
rigid containers rather than plastic bags, which generate static electricity and make laboratory
transfer difficult.
Collection Techniques
HUD Guidelines, which are consistent with ASTM E1729, Standard Practice for Field Collection
of Dried Paint Samples for Subsequent Lead Determination, recommend that only one paint chip
needs to be taken for each testing combination, although additional samples are recommended for
quality control.
The paint chip sample should be taken from a representative area that is at least 4 square inches in
size. The dimensions of the surface area must be accurately measured to the nearest 1/16 th of an
inch so that laboratory results can be reported in units of mg/cm2. Paint chip collection should
include collection of all the paint layers from the substrate, but collection of actual substrate should
be minimized. Any amount of substrate included in the sample may cause imprecise results.
Sample Analysis
A laboratory used for LBP analysis must be recognized under EPA’s National Lead Laboratory
Accreditation Program (NLLAP) for the analysis of lead paint; however, States or Tribes may
operate an EPA-authorized lead-based paint inspection certification program with different
requirements.
There are several standard laboratory techniques to quantify lead in paint chip samples, including
Atomic Absorption Spectroscopy, Inductively Coupled Plasma-Atomic Emission Spectroscopy
(ICP-AES), Anodic Stripping Voltammetry, and Potentiometric Stripping Analysis.
For analytical methods that require sample digestion, samples should be pulverized so there is
adequate surface area to dissolve the sample before laboratory instrument measurement. In some
cases, the amount of paint collected from a 4-square-inch area may exceed the amount of paint
that can be analyzed successfully. It is important that the actual sample mass analyzed not exceed
the maximum mass the laboratory has successfully tested using the specified method. If
subsampling is required to meet analytical method specifications, the laboratory must homogenize
the paint chip sample (unless the entire sample will eventually be analyzed, and the results of the
subsamples combined). Without homogenization, subsampling would likely result in biased,
inaccurate lead results. If the sample is properly homogenized and substrate inclusion is negligible,
the result can be reported as a loading, in milligrams per square centimeter (mg/cm2), the preferred
unit, or as percent by weight, or both.
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Quality Assurance
Laboratory reference materials processed with the paint chip samples for quality assurance
purposes should have close to the same mass as those used for paint-chip samples (refer to ASTM
methods E1645, E1613, E2051, and E1775).
Reporting
The laboratory report for analysis of paint chip samples should include at a minimum, the
information outlined in the EPA National Lead Laboratory Accreditation Program Laboratory
Quality System Requirements, Revision 3.0, section 5.10.2, Test Reports9. In addition to those
minimum requirements, test reports containing the results of sampling must include specified
sampling information, if available.
9 National Lead Laboratory Accreditation Program: Laboratory Quality System Requirements
https://www.epa.gov/sites/production/files/documents/lqsr3.pdf, accessed September 20, 2017.
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3.PCBS BUILDING MATERIAL EVALUATION PROTOCOL
This section presents the evaluation protocol for identifying building materials in structures
constructed or remodeled between the years 1950 and 198010 that may contain a significant mass
of PCBs. Once identified as containing PCBs at concentrations exceeding 50 ppm, these materials
should be properly managed prior to building demolition, to ensure PCBs are not discharged to the
municipal storm drain system.
This protocol is not intended to address all PCBs-containing materials that may disturbed during
building demolition. Additional sampling is likely to be required to comply with EPA and
Cal/OSHA regulations pertaining to the management, removal and disposal of PCBs-containing
materials.
For this program, it is assumed that organizations and staff qualified to sample, test, remediate,
and dispose of PCBs at the building site will coordinate processes for other hazardous building
materials at the building site, to ensure proper sampling, testing, remediation, and disposal or all
statutorily-required hazardous materials handling.
3.1 Priority Building Materials to be Tested
A prioritized list of PCBs-containing materials is provided in Appendix A. Building materials were
evaluated based upon the following criteria:
•Source Material – Does the building material contain PCBs through the original
product manufacturing process or was the building material contaminated (impregnated)
with PCBs from an adjacent building material that already contained PCBs? For the
evaluation, building materials originally manufactured with PCBs at or above 50 mg/kg
were prioritized.
•Concentration – Building materials were evaluated based on readily available existing
data regarding ranges of PCBs concentrations identified in the materials.
•Prevalence – A prevalence factor was assigned based upon best professional judgement
of the prevalence of occurrence of the PCBs-containing materials in buildings, which
ranged from highly prevalent to low prevalence.
•Ease of Removal – Building materials were evaluated based on their attachment to the
building, which ranged from “very easily removed” to “difficult to remove,” under the
assumption that higher ease of removal results in higher feasibility and lower costs for
removing a material before demolition.
10 Single-family residential and wood frame structures are exempt.
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•Flaking/Crumbling – Building materials were evaluated based on their tendency to
flake or crumble during disturbance or demolition, which could lead to a higher
likelihood of entering stormwater as a result of building demolition.
•PCBs Removed by Other Waste Program – This factor addresses materials that are
removed from buildings because of other waste management programs (e.g., Universal
Waste Rule). Fluorescent light ballasts11, polyurethane foam furniture, and Askarel fluid
used in transformers, all of which may contain PCBs, are typically managed during pre-
demolition activities under current regulations and programs that require removal of
universal waste and outdated transformers. For this program it is assumed that those
materials will be evaluated and managed under those existing programs.
Material prioritization was conducted by assigning a score on a scale of 1 to 5 (low to high) for
each criterion. The final score for each material type was calculated as the average of the scores
assigned to the six criteria. The materials given the highest scores through the prioritization
analysis are shown below, along with their typical locations in a building. For this evaluation,
thermal insulation and fiberglass insulation were grouped together as they tend to be co-located
and are typically managed together. The materials listed below (along with typical locations where
they are found) are the materials that should be sampled using the protocols described in Section
3.2.
1.Caulks and Sealants:
a.Around windows or window frames;
b.Around door frames; and
c.Expansion joints between concrete sections (e.g., floor segments).
2.Thermal/Fiberglass Insulation and Other Insulating Materials:
a.Around HVAC systems,
b.Around heaters,
c.Around boilers,
d.Around heated transfer piping, and
e.Inside walls or crawls spaces.
3.Adhesive/Mastic:
a.Below carpet and floor tiles;
11 Fluorescent light ballasts that contain PCBs are not required to be managed under the Universal Waste Rule Program
but are recommended by the EPA to be identified in a pre -demolition survey of a structure and to be managed with
the removal of other required wastes in the abatement process.
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b. On, under, or between roofing materials and flashing.
4. Rubber Window Seals/Gaskets:
a. Around windows or window frames.
Examples of the prioritized PCBs-containing building materials and what they may look like in a
building planned for demolition are provided in Appendix B.
3.2 PCBs Sampling Procedures
Many building materials may contain PCBs. The building owner is responsible for identifying and
handling all hazardous materials in accordance with all applicable laws, including all materials
with 50 ppm or more PCBs. For purposes of obtaining a demolition permit, the City requires a
building owner to sample the limited number of materials shown below:
1. Caulks and Sealants:
a. Around windows or window frames;
b. Around door frames; and
c. Expansion joints between concrete sections (e.g., floor segments).
2. Thermal/Fiberglass Insulation and Other Insulating Materials:
a. Around HVAC systems,
b. Around heaters,
c. Around boilers,
d. Around heated transfer piping, and
e. Inside walls or crawls spaces.
3. Adhesive/Mastic:
a. Below carpet and floor tiles;
b. On, under, or between roofing materials and flashing.
4. Rubber Window Seals/Gaskets:
a. Around windows or window frames.
It should be noted that some materials that are being evaluated for PCBs in this protocol may also
be associated with asbestos, lead, or other hazardous substances. Since this protocol follows pre-
established asbestos management program guidelines and procedures, the sampling frequency,
types of building materials, and surveying techniques overlap with the PCBs survey protocol. If a
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material has been determined to contain asbestos, lead or other hazardous substances and will be
abated under an associated waste program, that material need not be sampled for PCBs under this
program.
3.2.1 Sampling Equipment
Building materials that are planned to be collected for laboratory analysis should be placed in
laboratory-supplied glass jars with Teflon-sealed lids. Samples should be collected with either
factory-sealed or decontaminated equipment that will be used to remove a representative building
material sample (i.e., scissors, tweezers, pliers, spoons, or putty knife).
For sampling equipment (i.e., scissors, tweezers, pliers, spoons, putty knife, etc.) that will be
decontaminated, the following three bucket wash procedure should be performed, which is in
general accordance with standard decontamination procedures defined in SESDPROC-205-R3
(EPA, 2015):
• In the first bucket, mix a residue free cleaning detergent (e.g., Alconox®), with distilled
water to generate the recommended detergent concentration specified in the product
directions;
• Fill the second bucket with distilled water;
• Fill the third bucket with distilled water;
• Clean the equipment in the first bucket with the cleaning detergent, then rinse in the second
and then the third bucket. If the second bucket becomes slightly discolored during the rinse,
change the contents of the second bucket with distilled water. Change the third bucket, if
any dirt or material is observed in the water, since the third bucket needs to stay clean as it
is the final rinse; and
• At the end of cleaning, let the equipment air dry in a clean area before use in sample
collection. The rinse water should then be drummed and sampled for disposal. The planned
disposal facility should be contacted to determine the required sample analysis for the rinse
water characterization and profiling and that the disposal procedures comply with state and
federal regulations.
If disposable sampling tools are used, the above decontamination procedures do not apply.
3.2.2 Sample Collection Frequency
For the four prioritized building materials, the following collection techniques and frequency
should be followed.
Caulking
Three different types of caulking should be evaluated:
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Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
17
1.Window caulking;
2.Door frame caulking; and
3.Floor and expansion joint caulking.
For each type of caulking material identified, the following number of samples should be collected:
•Collect at least one sample from each homogenous area that contains less than 50 linear
feet of caulking;
•Collect at least three samples from each homogenous area that contains between 50 and
250 linear feet of caulking;
•Collect at least five samples from each homogenous area that contains between 250 and
1,000 linear feet of caulking;
•Collect at least seven samples from each homogenous area that contains between 1,000
and 2,500 linear feet of caulking; and
•Collect at least nine samples from each homogenous area that contains greater than 2,500
linear feet of caulking.
If homogenous caulking material is found throughout the building, samples should be spatially
distributed so as to not collect the required number of samples from one area. In addition, the
width or cross-sectional area of the caulking bead is not relevant for determining the linear footage
to be sampled. It is also recommended that the sampler performing the evaluation inspect the
entire building prior to sample collection to insure proper distribution is performed.
Thermal/Fiberglass Insulation
For thermal/fiberglass insulation:
•Collect at least one bulk sample from each homogeneous area.
Adhesive/Mastic
For each type of adhesive/mastic material identified, the following number of samples should be
collected:
•Collect at least three samples from each homogenous area less than 1,000 square feet;
•Collect at least five samples from each homogenous area between 1,000 and 5,000 square
feet; and
•Collect at least seven samples from each homogenous area greater than 5,000 square feet.
If homogenous adhesive/mastic material is found throughout the building, samples should be
spatially distributed so as to not collect the required number of samples from one area. It is
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Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
18
recommended that the sampler performing the evaluation inspect the entire building prior to
sample collection to insure proper distribution is performed.
Rubber Window Seals/Gaskets
For rubber window seals/gaskets identified, the following number of samples should be collected:
•Collect at least one sample from each homogenous area that contains less than 50 linear
feet of caulking (of any width or cross-sectional are of bead);
•Collect at least three samples from each homogenous area that contains between 50 and
250 linear feet of caulking;
•Collect at least five samples from each homogenous area that contains between 250 and
1,000 linear feet of caulking;
•Collect at least seven samples from each homogenous area that contains between 1,000
and 2,500 linear feet of caulking; and
•Collect at least nine samples from each homogenous area that contains greater than 2,500
linear feet of caulking.
If homogenous rubber window seals/gaskets are found throughout the building, samples should be
spatially distributed so as to not collect the required number of samples from one area. It is also
recommended that the sampler performing the evaluation inspect the entire building prior to
sample collection to insure proper distribution is performed.
3.2.3 Sample Analysis and Preservation
Samples collected to evaluate building materials for PCBs should be analyzed for Aroclors by
EPA Method 8082/8082A12 by an accredited analytical laboratory. The minimum reporting limit
should be 50 micrograms per kilogram (µg/kg) and the laboratory should be contacted before
sampling to confirm minimum material volume required to meet the reporting limit objectives. A
sample reporting limit of 50 µg/kg is well below the target management level of 50 mg/kg.
Samples should immediately be chilled in an ice cooler and then kept at 4 degrees Celsius (39.2
degrees Fahrenheit) or colder during storage and transportation to the laboratory. Proper chain-of-
custody13 procedures should be followed from the time the samples are collected until they are
delivered to the laboratory for analysis. Holding times for EPA Method 8082/8082A are sample
extraction within 14 days of sample collection and analysis of the extract within 40 days of
12 Provision C.12.f. requires that Permittees develop and implement or cause to be developed and implemented an
effective protocol for managing materials with PCBs concentrations of 50 ppm. EPA Method 8082/8082A is an
acceptable method to quantify PCBs. Analysis of PCBs congeners is not required to meet the permit requirement.
13 Chain-of-custody is the procedure to document, label, store, and transfer samples to personnel and laboratories. For
a detailed list of procedures, refer to the Sample and Evidence Management, Operating Procedure (SESDPROC-005-
R2), January 29, 2013
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Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
19
extraction. However, PCBs are very stable in a variety of matrices and holding times may be
extended to as long as one year. Once extracted, analysis of the extract should take place within
40 days.
3.2.4 Quality Assurance and Quality Control
For this program, general quality assurance and quality control (QA/QC) procedures will be
utilized. The following checklist should be used by the contractor performing the evaluation:
•QA/QC Checklist:
o Proper specified sampling equipment was used (pre-cleaned or other, stainless
steel);
o Proper decontamination procedures were followed;
o Sampling collection spatial frequency was met;
o A National Environmental Laboratory Accreditation Program (NELAP) laboratory
was utilized;
o Samples were received by the laboratory within proper temperature range;
o Samples were extracted and analyzed within the method holding time for EPA
Method 8082/8082A; and
o Sample reporting limit met data quality objectives.
3.3 Reporting and Notifications
The following considerations are applicable to reporting and notification:
•Assessment results must be submitted to the applicable Permitting Authority by the project
applicant;
•Applicants that determine PCBs exist in priority building materials must follow applicable
federal and state laws. This may include reporting to USEPA, the San Francisco Bay
Regional Water Quality Control Board, and the California Department of Toxic Substances
Control (DTSC). These agencies may require additional sampling and abatement of PCBs.
•Depending on the approach for sampling and removing building materials containing
PCBs, applicants may need to notify or seek advance approval from USEPA before
building demolition. Even in circumstances where advance notification to or approval from
USEPA is not required before the demolition activity, the disposal of PCBs waste is
regulated under TSCA.
•The disposal of PCBs waste is subject to California Code of Regulations (CCR) Title 22,
Section Division 4.5, Chapter 12, Standards Applicable to Hazardous Waste Generators.
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Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition
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•Building owners and employers need to consider worker and public safety during work
involving hazardous materials and wastes including PCBs.
For further information, applicants should refer to the PCBs in Priority Building Materials
Screening Assessment Applicant Package, BASMAA, July 2018.
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21
4.REFERENCES
Guidelines for Asbestos Sampling:
o https://www.epa.gov/asbestos/asbestos-laws-and-regulations
Guidelines for Lead-Based Paint Evaluations:
o Environmental Protection Agency (EPA) - Created the Renovation, Repair, and Painting
(RRP) Rule which requires training and certification for anyone working for
compensation in pre-1978 residential structures, day care centers, and schools where
known or assumed lead-based paint is impacted. The EPA website with complete
information on this regulation is https://www.epa.gov/lead/renovation-repair-and-
painting-program.
o California Department of Public Health (CDPH) - Created "Title 17" which includes lead
testing and abatement provisions in residential and public structures in California.
Several important definitions are contained in Title 17 including Abatement, Clearance
Inspection, Containment, Lead-Based Paint.
o Lead Contaminated Dust and Soil, Lead Hazard, and Lead Hazard Evaluation. Title 17
establishes that lead testing be performed using XRF equipment or by paint chip sample
analysis in California. Lead test kits are not accepted. It also establishes testing in
California be performed by a State certified lead inspector/assessor if the testing is related
to a project involving compensation.
o Department of Housing and Urban Development (HUD) - Created the HUD Guidelines
which contain protocols for lead testing and abatement.
EPA Method 8082A – Polychlorinated Biphenyls (PCBs) by Gas Chromatography
o https://www.epa.gov/sites/production/files/2015-07/documents/8082a.pdf
SESDPROC-205-R3, Field Equipment Cleaning and Decontamination, replaces SESDPROC-
205-R2. December 18, 2015
o https://www.epa.gov/sites/production/files/2016-
01/documents/field_equipment_cleaning_and_decontamination205_af.r3.pdf
SESDPROC-005-R2, Sample and Evidence Management, Operating Procedure, January 29, 2013
o https://www.epa.gov/sites/production/files/2015-06/documents/Sample-and-Evidence-
Management.pdf
4.2.a
Packet Pg. 74 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
APPENDIX A
PCBs Building Material Prioritization
Worksheet
4.2.a
Packet Pg. 75 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Appendix A - PCBs Building Materials PrioritizationCaulking (sealant, plaster)Caulk/sealant/tape/glue0.001 752,0005553554.67Thermal insulationInsulation73,0005554454.67Fiberglass insulationInsulation39,1585454454.50Adhesives/masticCaulk/sealant/tape/glue3,1005353554.33Rubber gasketsGaskets/Rubber84,0005533454.17Wool felt gaskets Gaskets/Rubber688,4985533454.17Cloth/paper insulating material Insulation12,0005434454.17Foam rubber insulation Insulation13,1005434454.17Ceiling tiles coated w/flame resistant sealant Internal nonstructural surface53 110,0005553254.17Backer rodCaulk/sealant/tape/glue99,0001553554.00Roofing/siding materialExternal nonstructural surface030,0005453254.00Paint (complete removal) Paint/pigment/coatings0.00197,0005551354.00Insulating materials in electric cable Electrical0 280,0005534153.83Adhesive tapeCaulk/sealant/tape/glue1,4005313553.67Surface coatingPaint/pigment/coatings2555351353.67Coal-tar enamel coatings Paint/pigment/coatings1,2645351353.67GroutCaulk/sealant/tape/glue9,1005412553.67Cove baseInternal nonstructural surface1705334253.67Plastics/plasticizersElectrical13,0005433153.50GE siliconesCaulk/sealant/tape/glue<1.901.85132553.50GlazingCaulk/sealant/tape/glueUp to 100% liquid PCBs515233353.50Flooring and floor wax/sealantInternal nonstructural surface Maximum likely >50 515233253.33Light ballastLight ballastsMinimum likely <50 49 1,200,0005535113.33Anti-fouling compounds Paint/pigment/coatings59,0005411353.17Polyurethane foam (furniture) Caulk/sealant/tape/glue505215513.17Askarel fluid/cutting oils/hydraulic fluidOils/dielectric fluids450,0005515213.17Fire retardant coatings Paint/pigment/coatings59,0005411353.17Waterproofing compounds Paint/pigment/coatings59,0005411353.17Electrical wiringElectrical145134153.17ConcreteConcrete/stone2.50.00117,0001431453.00Foam rubberGaskets/Rubber1,0921313452.83Soil/sediment/sandSoil/dust0.150.0015811312552.83Brick/mortar/cinder block Concrete/stone1,1001331452.83WoodWood3801333252.83Door frameInternal nonstructural surface1021234252.83Metals surfaces in contact with caulk/sealant Metal surfaces448514481312452.67MaterialMaterial ClassMedian/Average/Single Reported Concentration(ppm)Minimum(ppm)Maximum(ppm)PCBs Removed by Other Waste Program?(Rating values: not removed by other = 5, or removed = 1)Prioritization ScorePCBs Source Material?(Rating values: source = 5, or not source = 1)Concentration (Rating values: 1 to 5, higher value means higher concentration)Prevalence of PCBs Containing Material in Buildings(Rating values: high = 5, medium = 3, or low = 1)Ease of Removal (Rating values: 1 to 5, higher value means easier to remove)Flaking/ Crumbling(Rating values: 1 to 5, higher value means more likely to flake/crumble)August 20184.2.aPacket Pg. 76Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Appendix A - PCBs Building Materials PrioritizationMaterialMaterial ClassMedian/Average/Single Reported Concentration(ppm)Minimum(ppm)Maximum(ppm)PCBs Removed by Other Waste Program?(Rating values: not removed by other = 5, or removed = 1)Prioritization ScorePCBs Source Material?(Rating values: source = 5, or not source = 1)Concentration (Rating values: 1 to 5, higher value means higher concentration)Prevalence of PCBs Containing Material in Buildings(Rating values: high = 5, medium = 3, or low = 1)Ease of Removal (Rating values: 1 to 5, higher value means easier to remove)Flaking/ Crumbling(Rating values: 1 to 5, higher value means more likely to flake/crumble)AsphaltConcrete/stone1401212452.50CarpetInternal nonstructural surface0.469.71115252.50Stone (granite, limestone, marble, etc.)Concrete/stone1301211452.33Air handling systemAir system0.469.71113152.00August 20184.2.aPacket Pg. 77Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
APPENDIX B
Priority Building Materials
Photographic Log
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Packet Pg. 78 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-1 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 1
Window Caulking:
Damaged caulking
around a window.
Photograph 2
Window Caulking:
Worn and
potentially friable
caulking around a
window.
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Packet Pg. 79 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-2 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 3
Door Frame Caulking:
Damaged, friable
caulking on an interior
door frame.
Photograph 4
Floor and Expansion
Joint Caulking:
Joint compound between
flooring segments.
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Packet Pg. 80 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-3 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 5
Thermal Insulation:
Foam insulation
material in an attic.
Photograph 6
Thermal Insulation:
Damaged floor foam
insulation.
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Packet Pg. 81 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-4 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 7
Thermal Insulation:
Damaged pipe foam
insulation.
Photograph 8
Thermal Insulation:
Exposed/damaged
pipe insulation.
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Packet Pg. 82 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-5 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 9
Thermal Insulation:
Damaged pipe
insulation.
Photograph 10
Thermal Insulation:
Exposed pipe
insulation.
4.2.a
Packet Pg. 83 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-6 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 11
Adhesive / Mastic:
Friable adhesive on a
cement surface.
Photograph 12
Adhesive / Mastic:
Adhesive beneath a
carpet.
4.2.a
Packet Pg. 84 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-7 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 13
Adhesive / Mastic:
Adhesive remnants on
flooring.
Photograph 14
Adhesive / Mastic:
Exposed adhesive on
roofing.
4.2.a
Packet Pg. 85 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
B-8 August 2018
Appendix B
Priority Building Materials to be Tested for PCBs
Photograph 15
Rubber Window
Seal/Gasket:
Grey rubber window
seal/gasket in a wood
type frame.
Photograph 16
Rubber Window
Seal/Gasket:
Off white rubber
window seal/gasket in
an aluminum type
frame.
4.2.a
Packet Pg. 86 Attachment: 1. PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Polychlorinated Biphenyls Building
Dublin PCB Demolition Ordinance 1
ORDINANCE NO. __ - 19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
ADDING CHAPTER 7.29 (MANAGEMENT OF PCBS DURING BUILDING
DEMOLITION PROJECTS) TO TITLE 7 (PUBLIC WORKS) OF THE DUBLIN
MUNICIPAL CODE
WHEREAS, building demolition is a significant source of polychlorinated biphenyls
(“PCBs”) in urban stormwater; and
WHEREAS, stormwater is the largest identified source of PCBs flowing into the
San Francisco Bay; and
WHEREAS, the Municipal Regional Stormwater National Pollution Discharge
Elimination System permit (“NPDES permit”) requires permitees to manage PCB -
containing materials during building demolition; and
WHEREAS, Bay Area Stormwater Management Agencies Association
(BASMAA) developed a model ordinance (“Model Ordinance” or “Ordinance”) to assist
permitees in managing PCBs during building demolition and to effectuate a significant
PCB load reduction; and
WHEREAS, the Ordinance targets priority building materials that may contain
relatively high levels of PCBs, especially in buildings constructed between 1950 and
1980; and
WHEREAS, the priority building materials are caulking, thermal/fiberglass
insulation, adhesive/mastic, and rubber window gaskets; and
WHEREAS, adoption of the Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to the provisions of Section 15308 of CEQA
Guidelines which exempts actions taken by regulatory agencies, as authorized by state
or local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment; and
WHEREAS, the City Council desires to adopt and implement the Ordinance in
order to reduce PCBs in stormwater runoff originating in the City.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
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Packet Pg. 87 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 2
Section 1. Amendments.
The City Council hereby makes the findings contained in this Ordinance and adds
Chapter 7.29 (Management of PCBs During Building Demolition Projects) to Title 7
(PUBLIC WORKS) to the Municipal Code to read as follows. Sections and subsections
that are not included in this Ordinance are unaffected by this Ordinance and shall remain
in full force and effect.
Chapter 7.29 Management of PCBs During Building Demolition Projects
Section 7.29.010. Purpose
Section 7.29.020. Definitions
Section 7.29.030. Applicability
Section 7.29.040. Exemptions
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Section 7.29.060. Agency Notification, Abatement, and Disposal for Identified
PCBs
Section 7.29.070. Compliance with California and Federal PCBs Laws and
Regulations
Section 7.29.080. Information Submission and Applicant Certification
Section 7.29.090. Recordkeeping
Section 7.29.100. Obligation to Notify City of Dublin of Changes
Section 7.29.110. Liability
Section 7.29.120. Enforcement
Section 7.29.130. Fees
Section 7.29.140. City Sponsored Projects
Section 7.29.150. Effective Date
Section 7.29.010. Purpose
(a) The provisions of this Chapter shall be construed to accomplish the following
purposes:
1. Require building demolition permit applicants (Applicants) to conduct a PCBs
in Priority Building Materials Screening Assessment and submit information
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Packet Pg. 88 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 3
documenting the results of the screening. Such documentation to include: (1)
the results of a determination whether the building proposed for demolition is
high priority for PCBs-containing building materials based on the structure
age, use, and construction; (2) the concentration of PCBs in each Priority
Building Material present and; (3) for each Priority Building Material present
with a PCBs concentration equal to or greater than 50 ppm, the approximate
amount (linear feet or square feet) of that material in the building.
2. Inform Applicants with PCBs present in one or more of the Priority Building
Materials (based on the above screening assessment) that they must comply
with all related applicable federal and state laws. This may include reporting
to the U.S. Environmental Protection Agency (EPA), the San Francisco Bay
Regional Water Quality Control Board (Regional Water Board), and/or the
California Department of Toxic Substances Control (DTSC). Additional
sampling for and abatement of PCBs may be required.
3. Meet the requirements of the Federal Clean Water Act, the California Porter -
Cologne Water Quality Control Act, and the Municipal Regional Stormwater
Permit Order No. R2-2015-0049.
(b) The requirements of this ordinance do not replace or supplant the requirements of
California or Federal law, including but not limited to the Toxic Substances Control
Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of
Regulations (CCR) Title 22.
Section 7.29.020. Definitions
In addition to the general definitions applicable to this Code, whenever used in this
Chapter, the following terms shall have the meanings set forth below:
(a) “Applicable Structure” means buildings constructed or remodeled from January 1,
1950 to December 31, 1980. Remodeling, partial building, wood framed structure,
and single-family residence demolition projects are exempt.
(b) “Applicant” means a person applying for a building demolition permit as required by
Chapter 7.28.
(c) “Appropriate Authority” means the Building Official or designee of the City of Dublin.
(d) “Building” means a structure with a roof and walls standing more or less permanently
in one place. Buildings are intended for human habitation or occupancy.
(e) “Demolition” means the wrecking, razing, or tearing down of any structure. This
definition is intended to be consistent with the demolition activities undertaken by
contractors with a C-21 Building Moving/Demolition Contractor’s License.
(f) “DTSC” means the State of California Department of Toxic Substances Control.
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Packet Pg. 89 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 4
(g) “EPA” means the United States Environmental Protection Agency.
(h) “PCBs” means polychlorinated biphenyls.
(i) “PCBs in Priority Building Materials Screening Assessment” means the two-step
process used to: 1) determine whether the building proposed for demolition is high
priority for PCBs-containing building materials based on the structure age, use, and
construction; and if so, 2) determine the concentrations (if any) of PCBs in Priority
Building Materials revealed through existing information or representative sampling
and chemical analysis of the Priority Building Materials in the building. Directions for
this process are provided in the Priority Building Materials Screening Assessment
Applicant Package.
(j) “Priority Building Materials” means the following:
a. Caulking: e.g., around windows and doors, at structure/walkway interfaces,
and in expansion joints;
b. Thermal/Fiberglass Insulation: e.g., around HVAC systems, around heaters,
around boilers, around heated transfer piping, and inside walls or crawls
spaces;
c. Adhesive/Mastic: e.g., below carpet and floor tiles, under roofing materials,
and under flashing; and
d. Rubber Window Gaskets: e.g., used in lieu of caulking to seal around
windows in steel-framed buildings.
(k) “Priority Building Materials Screening Assessment Applicant Package” (Applicant
Package) means a document package that includes an overview of the screening
process, Applicant instructions, a process flow chart, a screening assessment form,
and the Protocol for Evaluating Priority PCBs-Containing Materials before Building
Demolition (BASMAA 2018, prepared for the Bay Area Stormwater Management
Agencies Association, August 2018).
(l) “Regional Water Board” means the California Regional Water Quality Control Board,
San Francisco Bay Region.
(m)“Remodel” means to make significant finish and/or structural changes that increase
utility and appeal through complete replacement and/or expansion. A removed area
reflects fundamental changes that include multiple alterations. These alterations may
include some or all of the following: replacement of a major component (cabinet(s),
bathtub, or bathroom tile); relocation of plumbing/gas fixtures/appliances; or
significant structural alterations (relocating walls, and/or the addition of square
footage).
Section 7.29.030. Applicability
4.2.b
Packet Pg. 90 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 5
This Chapter applies to Applicants for buildings constructed or remodeled from January
1, 1950 to December 31, 1980.
Section 7.29.040. Exemptions
Applications for remodeling, partial building, wood framed structure, and single-family
residence demolition projects are exempt.
Section 7.29.050. PCBs in Priority Building Materials Screening Assessment
Every Applicant for a building demolition permit shall conduct a PCBs in Priority Building
Materials Screening Assessment, which is a two-step process used to:
1. Determine whether the building proposed for demolition is high priority for PCBs-
containing building materials based on the structure age, use, and construction
(i.e., whether the building is an Applicable Structure); and if so,
2. Demonstrate the presence or absence and concentration of PCBs in Priority
Building Materials through existing information or representative sampling and
chemical analysis of the Priority Building Materials in the building.
Applicants shall follow the directions provided in the PCBs in Priority Building Materials
Screening Assessment Applicant Package (Applicant Package), which includes an
overview of the process, Applicant instructions, a process flow chart, a screening
assessment form, and the Protocol for Assessing Priority PCBs-Containing Materials
before Building Demolition. Per the Applicant Package, for certain types of buildings
built within a specified date range, the Applicant must conduct further assessment to
determine whether or not PCBs are present at concentrations ≥ 50 parts-per million.
This determination is made via existing data on specific product formulations (if
available), or more likely, via conducting representative sampling of the priority building
materials and analyzing the samples for PCBs at a certified analytical laboratory. Any
representative sampling and analysis must be conducted in accordance with the
Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition.
The Applicant Package provides additional details.
Section 7.29.060. Agency Notification, Abatement, and Disposal for Identified
PCBs
When the PCBs in Priority Building Materials Screening Assessment identifies one or
more Priority Building Materials with PCBs, the Applicant must comply with all related
applicable federal and state laws, including potential notification of the appropriate
regulatory agencies, including the EPA, the Regional Water Board, and/or the DTSC.
Agency contacts are provided in the Applicant Package. Additional sampling for and
abatement of PCBs may be required. Depending on the approach for sampling and
removing building materials containing PCBs, the Applicant may need to notify or seek
advance approval from the EPA before building demolition. Even in circumstances
4.2.b
Packet Pg. 91 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 6
where advance notification to or approval from the EPA is not required before the
demolition activity, the disposal of PCBs waste is regulated under Toxic Substances
Control Act. Additionally, the disposal of PCBs waste is subject to California Code of
Regulations (CCR) Title 22 Section 66262.
Section 7.29.070. Compliance with California and Federal PCBs Laws and
Regulations
Applicants must comply with all Federal and California laws and regulations, including
but not limited to health, safety, and environmental laws and regulations, that relate to
management and cleanup of any and all PCBs, including but not limited to PCBs in
Priority Building Materials, other PCBs-contaminated materials, PCBs-contaminated
liquids, and PCBs waste.
Section 7.29.080. Information Submission and Applicant Certification
(a) The Applicant shall conduct a PCBs in Priority Building Materials Screening
Assessment and submit the associated information and results as part of the
building demolition permit application, including the following:
1. Owner and project information, including location, year building was built,
description of building construction type, and anticipated demolition date.
2. Determination of whether the building proposed for demolition is high priority
for PCBs-containing building materials based on the structure age, use, and
construction.
3. If high priority for PCBs-containing building materials based on the structure
age, use, and construction, the concentration of PCBs in each Priority
Building Material present. If PCBs concentrations are determined via
representative sampling and analysis, include a contractor’s report
documenting the assessment which includes the completed Quality
Assurance/Quality Control checklist from the Protocol for Assessing Priority
PCBs-Containing Materials before Building Demolition and the analytical
laboratory reports.
4. For each Priority Building Material present with a PCBs concentration equal to
or greater than 50 parts-per million, the approximate amount (linear feet or
square feet) of that material in the building.
5. Applicant’s certification of the accuracy of the information submitted.
(b) The Appropriate Authority may specify a format or guidance for the submission of
the information.
4.2.b
Packet Pg. 92 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 7
Section 7.29.090. Recordkeeping
Those Applicants conducting a building demolition project must maintain documentation
of the results of the PCBs in Priority Building Materials Screening Assessment for a
minimum of five years after submittal.
Section 7.29.100. Obligation to Notify City of Dublin of Changes
The Applicant shall submit written notifications documenting any changes in the
information submitted in compliance with this Chapter.
The Applicant shall submit the revised information to the Appropriate Authority when
changes in project conditions affect the information submitted with the permit
application.
Section 7.29.110. Liability
The Applicant is responsible for safely and legally complying with the requirements of
this Chapter. Neither the issuance of a permit under the requirements of Chapter 7.28,
nor the compliance with the requirements of this Chapter or with any condition imposed
by the issuing authority, shall relieve any person from responsibility for damage to
persons or property resulting there from, or as otherwise imposed by law, nor impose
any liability upon the City of Dublin for damages to persons or property.
Section 7.29.120. Enforcement
Failure to submit the information required in this Chapter or submittal of false
information will result in enforcement under Section 1.04.030.
Section 7.29.130. Fees
In addition to the fees required under Chapter 7.28, all Applicants subject to this
Chapter shall deposit funds with the City of Dublin, and pay a fee based upon the fee
schedule in effect at the time of the issuance of the demolition permit.
Section 7.29.140. City Projects
City of Dublin departments shall comply with all the requirements of this Chapter except
they shall not be required to obtain permits and approvals under this Chapter for work
performed within City of Dublin-owned properties and areas, such as right-of-ways.
Section 2. Severability. The provisions of this Ordinance are severable and if any
provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional,
or inapplicable to any person or circumstances, such illegality, invalidity,
unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their
applicability to other persons or circumstances.
4.2.b
Packet Pg. 93 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Dublin PCB Demolition Ordinance 8
Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be published or posted as required in Section 36933 of the Government Code of the
State of California.
PASSED, APPROVED AND ADOPTED this 4th day of June 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
3222460.1
4.2.b
Packet Pg. 94 Attachment: 2. Ordinance Adding Chapter 7.29 (Management of PCBs During Building Demolition Projects) to the Dublin Municipal Code
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Agreement with Disability Access Consultants for ADA Transition Plan
Services
Prepared by: Nancy Nelson, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider an agreement with Disability Access Consultants for
Americans with Disabilities Act (ADA) Transition Plan Services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Consulting Services Agreement with Disability
Access Consultants for Americans with Disabilities Act (ADA) Transition Plan Services.
FINANCIAL IMPACT:
As approved in the 2018-2023 Capital Improvement Program, the available General
Fund budget for the Citywide Bicycle and Pedestrian Improvements, Project No.
ST0517, is $324,000. The total cost of services to be performed by Disability Access
Consultants will not exceed $230,000. Sufficient funds are a vailable within the project
budget to cover the cost of the consultant services agreement.
DESCRIPTION:
As part of Title II of the Americans with Disabilities Act (ADA) of 1990, the City of Dublin
conducted an evaluation of its facilities, parks and public rights -of-way, and developed a
transition plan that outlines in detail how the organization would ensure safe access to
all of its facilities for all individuals. Since the last Transition Plan Update in 2006, the
City has acquired new property and built new facilities. A comprehensive update to the
City’s Transition Plan will ensure that City facilities remain accessible to the public. The
ADA Transition Plan Update will include a self -evaluation and identification of potential
barriers which may limit accessibility in City buildings, parks and public rig hts-of-way.
The Plan will also include descriptions and methods to remove identified barriers; a
schedule for barrier removal; and a planning-level budget for barrier removal. Findings
will be compared with the ADA Accessibility Guidelines (ADAAG) and Cal ifornia Access
Codes to determine compliance with State and Federal accessibility standards.
4.3
Packet Pg. 95
Page 2 of 2
Staff prepared and initiated an open and competitive Request for Proposals (RFP)
process for ADA Transition Plan services. Four submissions were received, as follows:
Clampett Industries, LLC dba EMG
Disability Access Consultants
Interwest Group
MIG
After reviewing all proposals, Staff determined Disability Access Consultants (DAC) was
the most responsive firm in terms of experience, location and project plan. DAC has an
extensive client list, including the cities of Benicia, Elk Grove, Fremont, Modesto, San
Jose, and Vallejo.
Staff evaluated submissions using the following criteria: experience with the Americans
with Disabilities Act of 1990; understanding of government facilities; management
approach; and experiences of similar scope. Staff found DAC to be the most qualified
to provide ADA Transition Plan services.
Staff recommends approval of a consulting services agreement with DAC for a term
through June 30, 2020.
STRATEGIC PLAN INITIATIVE:
N/A.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None
ATTACHMENTS:
1. Resolution Approving Consulting Services Agreement with DAC
2. Exhibit A to Resolution - Consulting Services Agreement with DAC
4.3
Packet Pg. 96
RESOLUTION NO. XX- 19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING A CONSULTING SERVICES AGREEMENT WITH DISABILITY
ACCESS CONSULTANTS FOR AMERICANS WITH DISABILITIES ACT (ADA)
TRANSITION PLAN SERVICES
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for
Americans with Disabilities (ADA) Transition Plan services; and
WHEREAS, Staff reviewed and selected the most qualified firm; and
WHERAS, City wishes to enter into an agreement with Disability Access
Consultants for a term to end on June 30, 2020.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve a Consulting Services Agreement with Disability Access
Consultants, as attached hereto as Exhibit “A” to this Resolution; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement, attached hereto, and make any necessary, non-substantive changes to
carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of June, 2019, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Mayor
ATTEST:
_______________________________________
4.3.a
Packet Pg. 97 Attachment: 1. Resolution Approving Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
City Clerk
4.3.a
Packet Pg. 98 Attachment: 1. Resolution Approving Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 1 of 14
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
DISABILITY ACCESS CONSULTANTS
FOR
ADA TRANSITION PLAN SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Disability Access Consultants (“Consultant”) (together sometimes referred to as the “Parties”) as of June 4,
2019 (the “Effective Date”).
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 Effective Date and shall
end on June 30, 2020, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall 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.
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 Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed TWO
HUNDRED THIRTY THOUSAND DOLLARS ($230,000), notwithstanding any contrary indications that may
be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under
this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attac hed as
4.3.b
Packet Pg. 99 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 2 of 14
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, 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. Cons equently, 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 emplo yees, 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 Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period;
▪ A 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;
▪ A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
▪ The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
▪ The Consultant’s signature;
▪ Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12 -month period under this
4.3.b
Packet Pg. 100 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 3 of 14
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 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 shal l 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.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 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 to verify costs incurred to that date.
2.9 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.
4.3.b
Packet Pg. 101 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 4 of 14
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 fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below 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. Consistent with the following provisions, 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, and that such insurance is in effect prior to beginning work.
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 or proposal. 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 to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. 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 $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
4.3.b
Packet Pg. 102 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 5 of 14
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 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 th is
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 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
4.3.b
Packet Pg. 103 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 6 of 14
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. 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 $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is 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 5 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 shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.b
Packet Pg. 104 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 7 of 14
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
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 complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
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
4.3.b
Packet Pg. 105 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 8 of 14
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. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement .
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 Subsection 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 Not an 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 and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
4.3.b
Packet Pg. 106 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and 5/1/2019
Disability Access Consultants for ADA Transition Plan Services Page 9 of 14
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), 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 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
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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.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the sub contractors 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 include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design doc uments, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
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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 Consultan t agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 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 Subsection 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 $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 3 years after final paymen t 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 an y
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 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 12 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 California Government Code
Section 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 California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
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 Contra ct
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Disability Access Consultants (DAC)
Barbara Thorpe, President
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Consulting Services Agreement between City of Dublin and 5/1/2019
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2243 Feather River Boulevard
Oroville, CA 95965
Any written notice to City shall be sent to:
City of Dublin
Andy Russell, Public Works Director
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitu te one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Cod e, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN DISABILITY ACCESS CONSULTANTS
Christopher L. Foss, City Manager Barbara Thorpe, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Caroline Soto, City Clerk
Approved as to Form:
City Attorney
3070368.1
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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EXHIBIT A
SCOPE OF SERVICES
Disability Access Consultants shall perform the following tasks to complete an update to the City of Dublin’s
ADA Transition Plan.
TASK ONE: KICKOFF MEETING WITH CITY STAFF
Complete a kickoff meeting with City staff to create a workplan for the ADA Transition Plan update
process. (Within two weeks of contract award).
TASK TWO: AUDIT
Conduct an audit, including inventory, analysis and make recommendations on the following:
review of all necessary documents and materials required to prepare for a survey of City
infrastructure, including facilities; public right-of-way, and parks; review of grievance policy and
procedures related to accessibility; review of City website minimum WCAG 2.0 AA; review of
current Standard Plan. (To begin in July)
TASK THREE: SELF-EVALUATION PROCESS
ADA Self Evaluation process will be customized to City by Consultant, to include the development
of forms and procedures. This will result in Consultant drafting and creating a final Self-Evaluation
Report. (To be completed end of July)
TASK FOUR: CONDITION ASSESSMENT
Conduct a condition assessment of the City of Dublin’s facilities, sidewalks, streets and parks, in
order to identify all necessary ADA upgrades required by law. (To be completed by end of August)
• Consultant shall conduct inspections of all facilities, parks and rights-of-way as listed in this
Exhibit, and as provided by Dublin via the City’s GIS system. Reports generated following
inspections will include information regarding noncompliant findings including location,
actual measurements, a photograph of the element, applicable Federal and State co de
references, recommendation of a method to remove the barrier and associated costing
information for barrier removal. Site inspections shall be completed under the direction of a
Certified Access Specialist (CASp).
• Consultant shall develop multiple styles of facility reports for each building site and park. All
report styles will identify items that limit accessibility. The reports will be made available to
the City through use of DACTrak Accessibility Management online software.
• When available, reports will include diagrams of the facility for use in the ADA transition plan.
• Consultant shall survey the City’s inventory of sidewalks, crosswalks, pathways and curb
ramps in the public right-of-way for ADA compliance.
• The DACTrak system will allow for multiple options for applying ratings to barrier assessment
findings by impact and assign ratings based upon priority for remediation. Tools to assign
and modify ratings are included in the DACTrak software and City shall receive one staff
training and training guide. Reports from DACTrak can be generated and exported in Excel
and will include cost estimates for all necessary and/or recommended improvements.
• Final Reports will be reviewed and prepared under the direction of a Certified Access
Specialist (CASp) and will be completed in accordance with the Construction-Related
Accessibility Standards Compliance Act.
4.3.b
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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TASK FIVE: COMMUNITY AND PUBLIC PARTICIPATION AND OUTREACH
• Community and public Participation and outreach will include any public outreach plan
updates as required by law. Outreach shall include coordination of a community meeting(s),
requesting feedback and involvement from advocacy groups, and encouragement of
participation from the public.
• Development and administering of workshops, including program materials, surveys made
available in multiple formats, and conducting targeted mailings.
TASK SIX: COMPREHENSIVE TRANSITION PLAN UPDATE
• Consultant shall prepare a comprehensive ADA Transition Plan that will include, but not be
limited to:
▪ The methodology for evaluation of barriers and prioritization of barrier
remediation.
▪ A summary of costs for remediation. Using DACTrak this can be generated in
many options including overall, by facility or by category, for example.
▪ A flexible implementation schedule with prioritization that can be modified as
needed by the City using the DACTrak software.
▪ Prioritization recommendations for barrier removal that can be customized by
the City as needed through the lifecycle of the City’s Transition Plan.
▪ Recommendations for procedures and forms for monitoring implementation by
the ADA Coordinator.
▪ Recommendations for procedures and forms for performing evaluations of
additional potential barriers.
▪ Recommendations for procedures and forms for filing Requests for
Accommodation and tracking accommodations provided.
▪ Standard drawings or descriptions for remediation methods.
• The transition plan will be contained in the DACTrak software which gives the City the options
to run general summary or comprehensive reports f or each facility, which include
recommendations for barrier removal and estimated costs to meet compliance requirements.
In addition, the plan will be initially prioritized, based upon the ratings completed, and list
next steps for addressing items which are not in compliance. Using DACTrak, the City will
have tools to update the priorities as needed to implement the transition plan.
FACILITIES EST. SQ
FT
YEAR BUILT REN
DATE
AMENITIES
Civic Center - Admin 32,633 SF 1989 2003 Clock Tower,
Paved Plaza,
fountain
Civic Center - Police 20,054 SF 1989 2003 Security, Fire
alarm, Burglar
alarm, Smoke
alarm,
Audible/Visual
Library 38,215 SF 2001 2003 collection of over
145,700 materials
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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Shannon Center 19,700 SF 2007 preschool
Senior Center 15,500 SF 2005 single use toilets,
covered drop-off
canopy
Heritage Center -
Schoolhouse
2,900 SF 1856 2006 theatrical &
special events
venue
Heritage Center - Old
St. Raymond's Church
1,550 SF 1859 2006 historical
dwelling, use for
weddings,
baptisms,
funerals
Heritage Center - Kolb
House
2,304 SF 1910 visitor room,
archive room,
back porch gift
shop
Fire Station 16 8,815 SF 1992 2009 reception area,
offices, kitchen,
bathroom/lockers,
mezzanine
storage
Fire Station 17 11,540 SF 2002 reception area,
offices, kitchen,
bathroom/lockers,
mezzanine
storage
Fire Station 18 8,900 SF 2003 reception area,
offices, kitchen,
bathroom/lockers,
mezzanine
storage
EGRAC - The Wave 31,000 SF 2017 pools, water play
area, waterslides,
lockers/restrooms
PSC-Admin
Offices/Warehouse
40,347 SF 2012
County Fire Station
Corp Yard-
Offices/Warehouse
18,020 SF 2015 Warehouse &
Offices,
Mezzanine for
storage,
restrooms,
meeting rooms
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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PARKS FACILITIES ACREAGE AMENITIES (RAMPS,
ELEVATOR, ETC.
YEAR
BUILT
DETAILS
Dublin Sports Grounds
22.77
1 restroom, 1
restroom/concession, 1 play
area, 2 softball, 4 little league
fields, 1 90' baseball field, 1
designated soccer field, 6-8
overlay soccer fields, picnic
area, 1 parking area, scattered
picnic tables
1970'S 2003 play area
Dublin Historic
Park/Museums
7.78
2 parking areas, concrete
pathways, 1 restroom, 1 open
turf area, 1 picnic area,
scattered picnic tables
HISTORIC
2010 Major
expansion of
facility
Emerald Glen Park 49.14
Phase I
3 little league fields, 1 soccer
field, 1-2 overlay soccer fields,
1 restroom/concession, 1
destination play area including
splash pad, 1 parking lot, 2
basketball courts, 4 tennis
courts, 1 skate park
1999
Phase II
1 fountain/plaza, City
Corporation Yard 2004
Phase III
2 bocce courts, group picnic
area, 1 play area by group
picnic, 1 restroom by group
picnic, 2 soccer fields, 1 over
lay cricket pitch, 1 parking area
2006
Fallon Sports Park
Phase I
27.2
2 little league fields, 2 softball
fields, 1 BMX course, 1 parking
area, 4 tennis courts, 4
basketball courts, 2
restroom/concessions, 1
restroom, 2 soccer fields, 3
picnic/plaza areas
2010
Shannon Park
9.67
1 play area, 1 restroom, 1
splash pad, 1 picnic/plaza
area, several single picnic
tables
1989
Park furniture
2006, Play area
renovation 2004,
Splash Pad 2014
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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Alamo Creek Park
5.26
1 restroom, 1 picnic area, 1
play area, 1 basketball court, 1
parking lot
1990
Park furniture
2006, Play
equipment
replacement
2007
Bray Commons
4.78
1 small dog park, 1 play area,
1 picnic area, 1 basketball
court, 1 grass volleyball court,
1 restroom
2004
Devany Square
1.91 1 play area, 1 splash pad,
picnic tables 2008
Dolan Park
4.85 1 basketball court, 1 play area,
1 picnic area, par course 1988
Park furniture
2006, Playground
Renovation 2005
Dougherty Hills Dog
Park
1.43 1 parking area, benches 2007
Kolb Park
4.86
1 play area, 1 picnic area,
several scattered picnic tables,
par course, 1 restroom, 2
tennis courts
1987
Playground
Renovation 2003,
Park furniture
replacement
2006
Mape Memorial Park
2.68 1 play area, 1 restroom, 1
volleyball court 1987
Passatempo Park 5.01 1 restroom, 1 picnic area, 1
play area 2014
Piazza Sorrento 2 1 picnic area, 1 play area 2008
Positano Hills Park
4.6 2 picnic areas, 1 restroom, 1
play area, 1 basketball court, 2013
Schaefer Ranch Park
10.55
horseshoe court, 1 tennis
court, 1 basketball court, 1
restroom, 1 play area, 1
picnic/plaza area
2013
Stagecoach
0.82 1 play area, scattered picnic
tables 1989
Park furniture
2006, Play
equipment 2008
Ted Fairfield
6.97
1 volleyball court, 1 restroom,
1 play area, 1 little league field,
1-2 soccer overlay fields
2002
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Consulting Services Agreement between City of Dublin and Last revised 5/1/2019
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STREET INFRASTRUCTURE INVENTORY
Right-of-Way Approximately 120 miles of
centerline road
Sidewalk Approximately 230 miles
Curb Ramps Approximately 2,900 ramps
Traffic Signals Approximately 100 signals
DAC staff shall work with the Public Works Management Analyst, or their designee, during the duration of
this project. All sitework shall be scheduled and staff shall check in and check out with City each day.
Any changes to the scope of work, facilities, or the timeline shall be approved by the Public Works
Management Analyst, or their designee, in writing prior to taking effect.
4.3.b
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Consulting Services Agreement between City of Dublin and Last revised 5/1/19
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Contract total not-to-exceed shall total $230,000 to include an approximate 10% contingency for any
additional tasks or changes to scope, as approved by the Public Works Management Analyst, or their
designee.
Rates will remain in effect through June 30, 2020.
Please note, reimbursable expenses are built into rates as identified above.
Invoices shall be submitted electronically to: pwinvoices@dublin.ca.gov no more than once monthly and as work is
completed.
4.3.b
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Consulting Services Agreement between City of Dublin and Last revised 5/1/19
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EXHIBIT C
INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and a ll liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligatio ns contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “constructio n contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Cons ultant’s
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be co nsidered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
4.3.b
Packet Pg. 120 Attachment: 2. Exhibit A to Resolution - Consulting Services Agreement with DAC (Agreement with DAC for ADA Transition Plan Services)
Consulting Services Agreement between City of Dublin and Last revised 5/1/19
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EXHIBIT D
CONFLICT OF INTEREST
Consultant confirms the ability to meet the City of Dublin’s Conflict of Interest requirements as specified in
the City’s RFP.
Disability Access Consultants (DAC) is not aware of any recent, current or anticipated contractual obligations
which will pose a potential conflict of interest with the work on this project. DAC agrees that, for the term of
this agreement, no member, officer or employee of the City of Dublin, or a public body within Alameda County
or member of delegate to the Congress of the United States, during his/her tenure of for one year thereafter,
shall have any direct interest in the contacts or any direct or material benefit arising therefrom.
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Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care
Homes) (PLPA-2018-00030)
Prepared by: Jeff Baker, Community Development Director
EXECUTIVE SUMMARY:
The City is initiating amendments to Chapter 8.66 of the Zoning Ordinance to bring
greater clarity and consistency to the regulation of Large Family Day Care Homes. The
proposed amendment allows administrative approval of a Zoning Clearance if the day
care meets established development standards, and a Minor Use Permit from the
Community Development Director if it does not meet those standards. On May 21,
2019, the City Council waived the reading and introduced this Ordinance. Tonight, the
City Council will consider adopting the Ordinance amending Zoning Ordinance Chapter
8.66.
STAFF RECOMMENDATION:
Waive the reading, and adopt an Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapter 8.66 (Large Family Day Care Homes) Effective City-W ide.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On January 8, 2019, the City Council adopted a streamlined permitting process for
Large Family Day Care Homes which provide care for up to 14 children. The intent of
the amendment was to require that such a use obtain an administratively approved
Zoning Clearance if it meets established development standards, and a Minor Use
Permit from the Community Development Director if it does not meet those st andards
(instead of a Conditional Use Permit as previously required). Surrounding residents
would continue to be notified of such application in the same manner as required under
the Conditional Use Permit process. This streamlined permitted process was
implemented by way of an amendment to Chapter 8.12 of the Zoning Ordinance.
4.4
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The City Council is currently being requested to similarly amend Chapter 8.66 of the
Zoning Ordinance to be consistent with the streamlined permitting process adopted for
Chapter 8.12. This change would correct an oversight and implement the prior intent to
streamline the permitting process for new Large Family Day Care Homes to help meet
the ongoing childcare needs within the community. Attachment 2 provides the Zoning
Ordinance Amendment language shown in underline/strikethrough format. Attachment 3
provides the proposed Ordinance necessary to amend the Zoning Code.
On May 21, 2019, the City Council waived the first reading and introduced an Ordinance
approving the proposed amendments to Chapter 8.66 of the Zoning Ordinance. The
City Council is being asked to waive the second reading and adopt the proposed Zoning
Ordinance provided as Attachment 3.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State CEQA Guidelines
and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Staff is
recommending that the proposed Ordinance be found exempt from CEQA per CEQA
Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to
those projects that may have the potential to cause a significant effect on the
environment. The Ordinance does not allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be
followed if and when a use is proposed to be established, or a building or structure is
proposed to be constructed, or a site is proposed to be developed. This Ordinance,
therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
ATTACHMENTS:
1. City Council Staff Report dated May 21, 2019 without Attachments
2. Zoning Ordinance Amendments in Underline Strikethrough Format
3. Ordinance Approving Amendments to Zoning Ordinance Chapter 8.66
4.4
Packet Pg. 123
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: May 21, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Zoning Ordinance Amendments to Chapter 8.66 (Large Family Day Care
Homes) (PLPA-2018-00030)
Prepared by: Winston Rhodes AICP, Planning Manager
EXECUTIVE SUMMARY:
On January 8, 2019, the City Council adopted several amendments to the Zoning
Ordinance, including a streamlined permitting process for Large Family Day Care
Homes. The Zoning Ordinance Amendments included a change to Chapter 8.12
(Zoning Districts and Permitted Uses of Land) allowing administrative approval of a
Zoning Clearance if the day care meets established development standards, and a
Minor Use Permit from the Community Development Director if it does not meet those
standards. Subsequently, Staff recognized that directly related text within Zoning
Ordinance Chapter 8.66 requires the same amendment to provide internal consistency
with Chapter 8.12 and meet the intent of the January 8 City Council action.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, waive the reading, and INTRODUCE an
Ordinance Approving Amendments to Dublin Zoning Ordinance Chapter 8.66 (Large
Family Day Care Homes) effective city-wide.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On January 8, 2019, the City Council adopted a streamlined permitting process for
Large Family Day Care Homes which provide care for up to 14 children (Attachment 1).
The intent of the amendment was to require that such a use obtain an administratively
approved Zoning Clearance if it meets established development standards, and a Minor
Use Permit from the Community Development Director if it does not meet those
standards (instead of a Conditional Use Permit from the Planning Commission, as
previously required). Surrounding residents would continue to be notified of such
application in the same manner as required under the Conditional Use Permit process.
4.4.a
Packet Pg. 124 Attachment: 1. City Council Staff Report dated May 21, 2019 without Attachments (Zoning Ordinance Amendments to Chapter 8.66 (Large
Page 2 of 3
This streamlined permitted process was implemented by way of an amendment to
Chapter 8.12 of the Zoning Ordinance.
The City Council is now being asked to similarly amend Chapter 8.66 of the Zoning
Ordinance to be consistent with the streamlined permitting process adopted for Chapter
8.12. This change would correct an oversight and implement the prior intent to
streamline the permitting process for new Large Family Day Care Homes to help meet
the ongoing childcare needs within the community. Attachment 2 provides the Zoning
Ordinance Amendment language shown in underline/strikethrough format. Attachment 3
provides the Ordinance necessary to amend the Zoning Code.
The proposed changes to Chapter 8.66 are consistent with the previous Planning
Commission review of the ordinance change to Chapter 8.12 and their previous action
adopting Resolution 18-27 (Attachment 4).
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General
Plan and all applicable Specific Plans by bringing greater clarity and consistency to
existing zoning regulations for large family day care homes which help implement the
General Plan and Specific Plans.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a notice regarding this Zoning Code Amendment w as
published in the East Bay Times and posted at several locations throughout the City.
The Staff Report for this public hearing was also available on the City’s website.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together wi th State CEQA Guidelines
and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Staff is
recommending that the proposed Ordinance be found exempt from CEQA per C EQA
Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to
those projects that may have the potential to cause a significant effect on the
environment. The Ordinance does not allow the establishment of any use or the
construction of any building or structure, but sets forth the regulations that shall be
followed if and when a use is proposed to be established, or a building or structure is
proposed to be constructed, or a site is proposed to be developed. This Ordinance,
therefore, has no potential for resulting in significant physical change in the
environment, directly or ultimately.
ATTACHMENTS:
1. Ordinance 01-19 Approving Amendments to Dublin Zoning Ordinance
2. Proposed Zoning Ordinance Amendments in Underline Strikethrough Format
3. Ordinance Approving Zoning Code Amendments to Chapter 8.66
4. Planning Commission Resolution 18-27
4.4.a
Packet Pg. 125 Attachment: 1. City Council Staff Report dated May 21, 2019 without Attachments (Zoning Ordinance Amendments to Chapter 8.66 (Large
Page 3 of 3
4.4.a
Packet Pg. 126 Attachment: 1. City Council Staff Report dated May 21, 2019 without Attachments (Zoning Ordinance Amendments to Chapter 8.66 (Large
1 of 1 Attachment 2
ATTACHMENT 2
Large Family Day Care Homes
Chapter 8.66
EXCERPT
8.66.020 Permitting Procedure.
A. Any proposed Large Family Day Care Home shall conform to the Development
Standards and Regulations contained in this Chapter (Section 8.66.030) and shall be
subject to a Zoning Clearance to be reviewed by the Community Development Director
as described in Chapter 8.116 (Zoning Clearance).
B. Any proposed Large Family Day Care Home that does not meet the Development
Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject
to a Minor Conditional Use Permit to be reviewed by the Community Development
Director Planning Commission as described in Chapter 8.1002 (Minor Conditional Use
Permit). Rev. Ord. 3-10 (February 2010)
8.66.040 Zoning Clearance.
A Zoning Clearance shall document the compliance of the Large Family Day Care Home
with the above requirements and shall be kept on file in the Community Development
Department for the duration of the operation of the Large Family Day Care Home. If it is
determined at any time that the Large Family Day Care Home does not meet all of the
Development Standards and Regulations in Section 8.66.030, a Minor Conditional Use
Permit for the Large Family Day Care Home shall be required. Rev. Ord. 3-10 (February
2010)
4.4.b
Packet Pg. 127 Attachment: 2. Zoning Ordinance Amendments in Underline Strikethrough Format (Zoning Ordinance Amendments to Chapter 8.66 (Large
1 of 3 Attachment 3
ATTACHMENT 3
ORDINANCE NO. XX-19
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.66
(LARGE FAMILY DAY CARE HOMES) EFFECTIVE CITY-WIDE
PLPA-2018-00030
WHEREAS, the City occasionally initiates amendments to the Zoning Ordinance to
clarify, add or amend certain provisions to ensure that the Zoning Ordinance remains internally
consistent, simple to understand and implement, and relevant to changes occurring in the
community; and
WHEREAS, the City Council approved amendments to Chapter 8.12 (Zoning Districts
and Permitted Uses of Land) on January 8, 2019 allowing review of large family day care homes
subject to a Zoning Clearance or a Minor Use Permit; and
WHEREAS, amendments to Chapter 8.66 (Large Family Day Care Homes) are now
required to be consistent with Chapter 8.12 and reflect the intent of the amendments to Chapter
8.12 approved by the City Council on January 8, 2019; and
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City Environmental Regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the CEQA, Staff is recommending that the City Council find
this project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be
seen with certainty that the amendments to Chapter 8.66 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments to Chapter 8.66; and
WHEREAS, the City Council held a public hearing on the proposing Zoning
Ordinance Amendments on May 21, 2019, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, proper notice of said hearing was given in all respects a s required by
law; and
4.4.c
Packet Pg. 128 Attachment: 3. Ordinance Approving Amendments to Zoning Ordinance Chapter 8.66 (Zoning Ordinance Amendments to Chapter 8.66 (Large
2 of 3 Attachment 3
WHEREAS, the City Council did hear and consider all said reports,
recommendations and testimony herein above set forth and used its independent judgment to
evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that
the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable
Specific Plans in that the Amendments are necessary to comply with State law and are consistent
with applicable land use regulations and development policies.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City
Environmental Regulations require that certain projects b e reviewed for environmental impacts
and that environmental documents be prepared. Pursuant to the CEQA, the City Council hereby
finds the project exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that the amendments to Chapter 8.66 of the Dublin Municipal Code (Zoning
Ordinance) will not have a significant effect on the environment. The adoption of the proposed
Ordinance does not, in itself, allow the establishment of any use or the construction of any buil ding
or structure, but sets forth the regulations that shall be followed if and when a use is proposed to
be established, or a building or structure is proposed to be constructed, or a site is proposed to
be developed. This Ordinance of itself, therefore, has no potential for resulting in significant
physical change in the environment, directly or ultimately.
SECTION 3:
Section 8.66.020 B. of the City of Dublin Municipal Code is hereby amended to read as follows:
B. Any proposed Large Family Day Care Home that does not meet the Development
Standards and Regulations contained in this Chapter (Section 8.66.030), shall be subject
to a Minor Use Permit to be reviewed by the Community Development Director as
described in Chapter 8.102 (Minor Use Permit).
SECTION 4:
Section 8.66.040 of the City of Dublin Municipal Code is hereby amended to read as follows:
A Zoning Clearance shall document the compliance of the Large Family Day Care Home with
the above requirements and shall be kept on file in the Community Development Department
for the duration of the operation of the Large Family Day Care Home. If it is determined at any
time that the Large Family Day Care Home does not meet all of the Development Standards
and Regulations in Section 8.66.030, a Minor Use Permit for the Large Family Day Care Home
shall be required.
4.4.c
Packet Pg. 129 Attachment: 3. Ordinance Approving Amendments to Zoning Ordinance Chapter 8.66 (Zoning Ordinance Amendments to Chapter 8.66 (Large
3 of 3 Attachment 3
SECTION 5:
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or
part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances,
such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the
remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or
their applicability to other persons or circumstances.
SECTION 6: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 39633 of the Government
Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 4th day
of June 2019, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
4.4.c
Packet Pg. 130 Attachment: 3. Ordinance Approving Amendments to Zoning Ordinance Chapter 8.66 (Zoning Ordinance Amendments to Chapter 8.66 (Large
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Administrative Numbering Correction to Ordinance Adding Dublin
Municipal Code Section 6.04.295 regarding Electric Vehicle Parking to the
Dublin Traffic Code
Prepared by: Caroline P. Soto, City Clerk/Records Manager
EXECUTIVE SUMMARY:
The City Council will consider the correction of an administrative numbering error in the
Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electric Vehicle
Parking to the Dublin Traffic Code.
STAFF RECOMMENDATION:
Approve the new ordinance number for Ordinance No. 15 -16 Adding Dublin Municipal
Code Section 6.04.295 regarding Electric Vehicle Parking to the Dublin Traffic Code.
FINANCIAL IMPACT:
N/A
DESCRIPTION:
At its August 16, 2016 City Council meeting, the City Council adopted Ordinance No.
07-16 adding Dublin Municipal Code Section 6.04.295 regarding Electric Vehicle
Parking to the Dublin Traffic Code (Attachment 1). Due to an administrative error,
Ordinance No. 07-16 was subsequently also assigned to the Ordinance Amending the
Zoning Map and Approving a Planned Development Zoning District with a Related
Stage 1 Development Plan for the Whole Project Site and a Stage 2 Development
Plan For Phase 1A of the Kaiser Dublin Medical Center Project PA 08-50 and PLPA
2016-00007 (APNS 985-0061-005-00 And 985-0027-009-02) (Attachment 2). Staff is
now asking for the City Council’s approval to renumber the Ordinance Adding Dublin
Municipal Code Section 6.04.295 regarding Electric Vehicle Parking to the Dublin
Traffic Code to Ordinance No. 15-16. All other sections of the ordinance remain the
same and valid.
4.5
Packet Pg. 131
Page 2 of 2
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electic Vehicle
Parking to the Dublin Traffic Code
2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan
3. August 16, 2019 Regular City Council Meeting Adopted Minutes
4.5
Packet Pg. 132
Z:\ENVIRONMENTAL SERVICES\_Energy\EV Charge Stations\Ordinance 6.29 EV Charging Stations.doc
ORDINANCE NO. ________16
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
ADDING DUBLIN MUNICIPAL CODE SECTION 6.04.295 REGARDING ELECTRIC VEHICLE
PARKING TO THE DUBLIN TRAFFIC CODE
The Dublin City Council does ordain as follows:
Section 1: Section 6.04.295 is added to Title 6, Chapter 6.04 of the Dublin Municipal Code
as follows:
6.04.295 Electric Vehicle Parking
A. Authority.
This section is enacted pursuant to Sections 22511 and 22511.1 of the California Vehicle Code.
B. Purpose.
The electric vehicle parking standards established in this chapter are intended to promote
sustainable and alternative transportation practices; manage the availability of off -street
parking, particularly in areas that will maximize the use of electric vehicles; and thereby improve
traffic and parking circulation.
C. Definitions.
As used in this chapter, unless otherwise apparent from the context, the following words and
phrases shall have the following meanings:
“Electric vehicle” means a vehicle that operates, either partially or exclusively, on electrical
energy from the electrical grid, or an off grid source, that is stored on board for motive
purposes.
“Electric vehicle charging station” means equipment that has as its primary purp ose the transfer
of electric energy to a battery or other energy storage device on an electric vehicle.
D. Designation of electric vehicle parking spaces.
(a) Designation of parking spaces. The director of public works, or designee, is
authorized in accordance with the purposes of this chapter to designate spaces in off -street
public parking facilities for the exclusive parking of electric vehicles that are connected to
electric vehicle charging stations for the purpose of transfer of electricity to the b attery or other
energy storage device of an electric vehicle.
(b) Signs or markings. Upon designation of a parking space or spaces for the
exclusive use of electric vehicles pursuant to subsection (a), the public works department shall
place signs or markings giving adequate notice that the parking space or spaces are restricted
4.5.a
Packet Pg. 133 Attachment: 1. Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electic Vehicle Parking to the Dublin Traffic Code
Z:\ENVIRONMENTAL SERVICES\_Energy\EV Charge Stations\Ordinance 6.29 EV Charging Stations.doc
and to be used only for such electric vehicles. The signs or markings shall be in compliance with
Section 22511 of the California Vehicle Code indicating that vehicles left standing in violation of
the restriction may be removed. The parking restriction shall not apply to the designated parking
spaces until the sign or markings have been placed.
E. Electric vehicle parking restriction.
(a) Where a sign designating a parking space for the exclusive use of charging
electric vehicles is posted, no person shall park in that space any nonelectric vehicle, electric
vehicle that is not connected to the electric vehicle charging station, electric vehicle that is not
charging, or electric vehicle that has been charging for more than four hours.
(b) The police department is authorized to cite and/or remove or cause the removal of
vehicles parked in violation of this section in accordance with Section 22511 of the California
Vehicle Code.
SECTION 2. CEQA
This Ordinance is exempt from CEQA per CEQA Guidelines Section 15061(b)(3). Section
15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a
significant effect on the environment. The adoption of this Or dinance is exempt from CEQA
because the Ordinance does not, in itself, allow the construction of any building or structure, but
it sets forth the regulations for parking electric vehicles within the City. This Ordinance itself,
therefore, has no potential for resulting in significant physical change in the environment,
directly or ultimately.
SECTION 3. EFFECTIVE DATE
This ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 4. POSTING
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of
the State of California.
4.5.a
Packet Pg. 134 Attachment: 1. Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electic Vehicle Parking to the Dublin Traffic Code
Z:\ENVIRONMENTAL SERVICES\_Energy\EV Charge Stations\Ordinance 6.29 EV Charging Stations.doc
PASSED, APPROVED AND ADOPTED this 16th day of August, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Mayor
ATTEST:
___________________________________
City Clerk
4.5.a
Packet Pg. 135 Attachment: 1. Ordinance Adding Dublin Municipal Code Section 6.04.295 regarding Electic Vehicle Parking to the Dublin Traffic Code
ORDINANCE NO. 7 — 16
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DUBLIN
AMENDING THE ZONING MAP AND APPROVING A PLANNED DEVELOPMENT ZONING
DISTRICT WITH A RELATED STAGE 1 DEVELOPMENT PLAN FOR THE WHOLE PROJECT
SITE AND A STAGE 2 DEVELOPMENT PLAN FOR PHASE 1A
OF THE KAISER DUBLIN MEDICAL CENTER PROJECT
PA08-50 and PLPA 2016-00007
APNs 985-0061-005-00 and 985-0027-009-02)
The Dublin City Council does ordain as follows:
SECTION 1:, Findings
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows.
1. The Kaiser Dublin Medical Center Project ("the Project") PD-Planned Development
zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive
development plan that creates a desirable use of land that is sensitive to surrounding
land uses by virtue of the layout and design of the site plan.
2. Development of Kaiser Dublin Medical Center Project under the PD-Planned
Development zoning will be harmonious and compatible with existing and future
development in the surrounding area in that the site will provide new retail, restaurant,
and personal services to residents in an area that has similar uses nearby and is also
adjacent to existing and future workplaces and residential neighborhoods.
B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as
follows.
1. The PD-Planned Development zoning for Kaiser Dublin Medical Center Project will be
harmonious and compatible with existing and potential development in the surrounding
area in that the proposed Site Plan has taken into account sensitive adjacencies and will
provide a wide range of amenities to the surrounding neighborhoods.
2. The project site conditions were documented in the Environmental Impact Report
EIR) that has been prepared, and the environmental impacts that have been identified will
be mitigated to the greatest degree possible. There are no site challenges that were
identified in the EIR that will present an impediment to utilization of the site for the
intended purposes. There are no major physical or topographic constraints and thus the site
is physically suitable for the type and intensity of the retail commercial center
approved through the PD zoning.
3. The PD-Planned Development zoning 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 the project will comply with all applicable development regulations and
standards and will implement all adopted mitigation measures.
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 1 of 8
4.5.b
Packet Pg. 136 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
4. The PD-Planned Development zoning is consistent with and in conformance with the
Dublin General Plan, as amended, in that the proposed use as a medical campus and
adjacent commercial shopping center is consistent with the proposed Medical Campus
and Medical Campus/Commercial land use designations for the site.
C. Pursuant to the California Environmental Quality Act, the City Council adopted a Final EIR
via Resolution 151-16 on September 20, 2016, prior to approving the Project.
SECTION 2:
Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning
Map is amended to rezone the property described below to a Planned Development Zoning
District:
58 acres south of Dublin Blvd. between Grafton Station and Fallon Gateway. Interstate
580 forms the southern boundary of the site. (Assessor Parcel Numbers 985-0061-005-
00 and 985-0027-009-02) ("the Property").
A map of the rezoning area with a related Stage 1 Development Plan is shown below (entire
project site and outlined in red):
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A map of the rezoning area with a related Stage 2 Development Plan for Phase 1A only is
shown below:
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 2 of 8
4.5.b
Packet Pg. 137 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
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SECTION 3.
The regulations for the use, development, improvement, and maintenance of the Property are
set forth in the following Stage 1 Development Plan for the entire 58 acre Project area, which is
hereby approved. Any amendments to the Stage 1 Development Plan shall be in accordance
with section 8.32.080 of the Dublin Municipal Code or its successors.
Stage 1 and Stage 2 Development Plan for the Kaiser Dublin Medical Center Project
This is a Stage 1 and Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning
Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2
Development Plan and is adopted as part of the PD-Planned Development rezoning for the
Kaiser Dublin Medical Center Project, PA 08-50 and PLPA-2016-00007.
The PD-Planned Development District and this Stage 1/Stage 2 Development Plan provides
flexibility to encourage innovative development while ensuring that the goals, policies, and
action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance
are satisfied.
The following Stage 1 Development Plan applies to the entire 58-acre project site and the
Zoning District for the project site is PD-Planned Development (PA 08-050).
1. Statement of Permitted Uses.
Permitted Uses (as defined by the Zoning Ordinance) for the Medical Campus (identified
as Phases 1A, 2, and 3):
Health Services/Clinics-including, without limitation, a comprehensive range of
outpatient primary and specialty care services, urgent care, radiation/oncology
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 3 of 8
4.5.b
Packet Pg. 138 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
services, outpatient surgery, diagnostic services including radiology and telemedicine,
women's services, inpatient care, including diagnostic and treatment services,
surgical services and emergency care, and supporting ancillary health care services
such as optical, pharmacy, laboratory, education and training
Medical Offices and Medical Office Buildings
High-Acuity Medical Centers/Hospitals (including full service High-Acuity Medical
Centers/Hospitals with 24-hour operations)
Central Utility Plants, including renewable energy facilities, and ancillary structures to
serve the project site
Parking Structures ancillary to medical uses
Skilled Nursing, Assisted Living, or Licensed Care Facilities
Day Care Facilities
Permitted Uses (as defined by the Zoning Ordinance) for the Commercial parcel
identified as Phase 1B):
Hotel or resort
Eating and drinking establishments)
Entertainment (including movie theater, performance venue, or similar)
Automotive sales (outdoor display/storage area limited to 10% of the subject parcel)
The following retail uses:
o Home Furnishings
o Clothing/Fashion
o Office Supplies
o Home Appliance/Electronics
o Hardware
o Jewelry
o Bookstore
o Sporting Goods
o Grocery
o Other retail establishments determined by the Community Development Director to
be similar (in terms of City revenue generation and use type) to the
foregoing3
Conditionally Permitted Uses for the Commercial parcel (identified as Phase 1 B)
Membership-based warehouse retail store`'
Professional and Administrative Offices
Research and Development
Automotive sales (outdoor display/storage area more than 10% of the subject parcel)
Fitness/Health Club2
Notes:
1. Up to a maximum of 20% of the total building square footage on the commercial parcel. Drive-through
or traditional fast-food chain restaurants shall not be permitted.
2. Up to a maximum of 30% of the total building square footage on the commercial parcel
3. Tobacco Retail uses shall not be permitted.
4. CUP analysis will require a trip generation assessment/site plan review and potentially a supplemental
analysis to determine if the use generates traffic more than what was assumed in the EIR
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 4 of 8
4.5.b
Packet Pg. 139 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
r M.
2. Staae 1 Site Plan.
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3. Site area. proposed densities. and development regulations.
Maximum Building Height: 90 feet
Signage Pursuant to an approved Master Sign Program
Minimum Lot Size None
Maximum lot coverage None
Maximum Building Area 1.2 million square feet
Maximum Floor Area 80
Ratio
Parking Stall Dimensions Per Chapter 8.76 Off-Street Parking And Loading Regulations of
Standards the Dublin Zoning Ordinance
Minimum Setbacks None
Parking Spaces Required: Per Chapter 8.76 Off-Street Parking And Loading Regulations of
the Dublin Zoning Ordinance
4. Phasing Plan.
Building/Use Size (SF) Estimated
construction
timeframe
Phase 1A The Hub" medical office building 220,000 2016-2020
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 5 of 8
4.5.b
Packet Pg. 140 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
Phase 18 Commercial parcel 250,000 2016-2020
Phase 2 High-Acuity Medical Services building 400,000 2025-2035
possibly a hospital)
Phase 2 Energy Center 50,000 2025-2035
Phase 3 2"0
Medical Office Building 280,000 2035-2040
Phase 3 Parking Structure 2035-2040
Total Project Size 1,200,000 SF
5. Concept Landscape Plan. The landscape design concept is being established with the
detailed designs for Phase 1A, which are included in the Project Plans associated with
the Phase 1A SDR application. The same plant palette and design vocabulary approved
for Phase 1A shall continue through the remainder of the project site.
6. Consistency with General Plan and any applicable Specific Plan. The proposed
project is consistent with the General Plan and Eastern Dublin Specific Plan (as
amended).
7. Inclusionary Zonina Regulations. The Inclusionary Zoning Regulations do not regulate
non-residential projects, so therefore this is not applicable.
8. Aerial Photo. An aerial photo is on file with the Community Development Department.
The following Stage 2 Development Plan applies to Phase 1A only. The Zoning District for the
project site is PD-Planned Development (PLPA-2016-00007).
1. Statement of Compatibility with Stage 1 Development Plan. The Phase 1A portion of
the Kaiser Dublin Medical Center Project is wholly consistent with the Stage 1
Development Plan.
2. Statement of Permitted Uses. Same as Stage 1 Development Plan.
3. Stage 2 Site Plan
iej
9 lit
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Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 6 of 8
4.5.b
Packet Pg. 141 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
4. Site area, proposed densities
a. Gross area: 22.2 acres
b. Net area: 22.1 acres
5. Development Regulations
Maximum Building Height: 60 feet
Signage Pursuant to an approved Master Sign Program
Minimum Lot Size None
Maximum lot coverage None
Maximum Building Area 220,000 square feet
Maximum Floor Area 80
Ratio
Parking Stall Dimensions Per Chapter 8.76 Off-Street Parking And Loading Regulations of
Standards the Dublin Zoning Ordinance
Minimum Setbacks None
Parking Spaces Required: Per Chapter 8.76 Off-Street Parking And Loading Regulations of
the Dublin Zoning Ordinance
6. Architectural Standards. The conceptual architectural design of the project shall reflect
the following standards as illustrated in the Project Plans. The architectural design shall:
Employ a variety of materials, textures and colors to provide visual interest in the
project and to complement its surroundings.
Use diversity of colors and textures in the building finishes to provide a varied and
interesting base form for the buildings.
Incorporate features such as different wall planes, heights, wall textures, roof elements,
storefront designs, awnings, canopies, trellises, base treatments, signs, light fixtures
and landscaping to contribute layers of detail at the pedestrian level.
Provide functional outdoor plazas where people will gather and socialize, with
landscaping, outdoor seating, enhanced paving treatment, and other features to
provide an appropriate urban scale for the center.
7. Preliminary Landscaping Plan.
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 7 of 8
4.5.b
Packet Pg. 142 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
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8. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with
all applicable action programs and mitigation measures of the Eastern Dublin Specific
Plan and General Plan Amendment EIR and the Kaiser Dublin Medical Center Project EIR.
SECTION 4.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933 of the Government Code of the
State of California.
SECTION 5.
This ordinance shall take effect and be enforced thirty (30) days from and after its passage.
PASSED, APPROVED AND ADOPTED this 4th
day of October 2016 by the following vote:
AYES: Councilmembers Biddle, Hart and Mayor Haubert
NOES:
ABSENT:
ABSTAIN: Councilmembers Gupta a d Wehrenberg
r fid--iL
Mayor
ATTEST:
Z.7?. .ccer
City Clerk
Ord No. 7-16, Adopted 10/4/2016, Item No. 4.4 Page 8 of 8
4.5.b
Packet Pg. 143 Attachment: 2. Ord 07-16 Kaiser Stage 1 and 2 Development Plan (Numbering Correction to Ord No. 15-16)
ORAL COMMUNICATIONS
Employee Introductions:
Emily Determan, Jeff Dybdal, Jim Rodems, Lt. Matt Farruggia, and Sgt. Dan McNaughton
7:05 p.m. 3.1
The City Council welcomed the Dublin Staff members and congratulated Tim Eisler on his
recent promotion.
AO-
Public Comment
7:17 p.m. 3.4
Steve Minniear, Dublin resident, provided public comment.
Bruce Fiedler, Dublin resident, provided public comment.
Jing Firmeza, Dublin resident, provided public comment.
CONSENT CALENDAR
7:24 p.m. Items 4.1 through 4.19
Staff pulled Item 4.18 for further discussion.
On motion of Mayor Haubert, seconded by Vm. Gupta and by unanimous vote, the City Council
took the following actions:
Approved (4.1) the minutes of the July 19, 2016 Regular City Council meeting.
Waived the reading (4.2) and adopted
ORDINANCE NO. 7-16
ADDING DUBLIN MUNICIPAL CODE SECTION 6.04.295 REGARDING ELECTRIC VEHICLE
PARKING TO THE DUBLIN TRAFFIC CODE
DUBLIN CITY COUNCIL MINUTES 2
VOLUME 35Lx
REGULAR MEETING
AUGUST 16, 2016
4.5.c
Packet Pg. 144 Attachment: 3. August 16, 2019 Regular City Council Meeting Adopted Minutes (Numbering Correction to Ord No. 15-16)
Page 1 of 2
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Consideration of an Outdoor Flag Display Policy
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:
At the May 21, 2019 meeting, the City Council directed staff to bring an outdoor flag
display policy for City Council consideration. The City Council will consider a policy that
provides guidance and standards for the outdoor display of flags at City facilities,
including commemorative flags other than the United States, California, and City flags.
STAFF RECOMMENDATION:
Adopt the Resolution Establishing the City of Dublin Outdoor Flag Display Policy.
FINANCIAL IMPACT:
There is no fiscal impact associated with the adoption of the Outdoor Flag Display
Policy.
DESCRIPTION:
Historically, the City of Dublin has displayed the United States Flag, the California State
Flag, and the City of Dublin Flag at the Dublin Civic Center. However, the City does not
have a policy regarding the display of such flags or the display of any commemorative
flags.
The display of commemorative flags at City facilities can raise First Amendment Free
Speech issues, depending on whether the flag is treated as govern ment speech or
private speech on public property. If the City allowed third -party requests to display
commemorative flags, the City could be subject to First Amendment scrutiny for
allowing private speech on public property. If a flagpole was deemed to be “limited
public forum” under the First Amendment, the City could not pick and choose what
commemorative flags to fly, except on a content -neutral basis. However, under the
government speech doctrine, the City may advance its own speech without requiring
viewpoint neutrality when the government itself is the speaker, so long as the City does
not show religious preference or encourage a certain vote in an election. The proposed
7.1
Packet Pg. 145
Page 2 of 2
policy is structured to ensure that any commemorative flags flown at the Civic Ce nter
flag poles would be considered City speech.
Staff has prepared a resolution for the City Council’s consideration. The resolution
adopts a City Council Policy outlining the standards and procedures for the display of
flags at City facilities. The policy reflects state and federal laws and the City’s practices
and customs, and is structured in a manner that treats commemorative flags as
government speech. The policy prohibits third-party requests for commemorative flag
displays, and only allows for the display of commemorative flags when the request is
brought forth by a City Council member and then authorized by the City Council as an
expression of the Council’s official sentiments.
STRATEGIC PLAN INITIATIVE:
N/A
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
N/A
ATTACHMENTS:
1. Resolution Establishing the City of Dublin Outdoor Flag Display Policy
2. Exhibit A to the Resolution - Outdoor Flag Policy
7.1
Packet Pg. 146
RESOLUTION NO. XX-19
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
ESTABLISHING THE CITY OF DUBLIN OUTDOOR FLAG DISPLAY POLICY
WHEREAS, the City of Dublin displays the United States Flag, the California State
Flag, and the City of Dublin Flag at the Dublin Civic Center; and
WHEREAS, the City of Dublin does not have a policy regarding the display of such
flags or the display of any commemorative flags; and
WHEREAS, at its May 21, 2019 meeting, the City Council directed Staff to bring a
flag display policy for City Council consideration; and
WHEREAS, the City Council desires to establish a policy that provides guidance and
standards for the outdoor display of flags at City facilities, including commemorative
flags other than the United States, California, and City flags.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin
hereby adopts the Outdoor Flag Display Policy attached hereto as Exhibit A.
PASSED, APPROVED, AND ADOPTED this 4th day of June 2019 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
________________________________
City Clerk
7.1.a
Packet Pg. 147 Attachment: 1. Resolution Establishing the City of Dublin Outdoor Flag Display Policy (Flag Policy)
EXHIBIT A
CITY OF DUBLIN
OUTDOOR FLAG DISPLAY POLICY
Background:
The Dublin City Council desires to establish a policy regarding: (1) the outdoor display of the
United States Flag, the California State Flag, and the City of Dublin Flag at City facilities; and
(2) the outdoor display of commemorative flags at the Dublin Civic Center.
In adopting this policy, the City Council declares that the City of Dublin’s flagpoles are not
intended to serve as a forum for free expression of the public, but rather for the display of
Federal, State, and City Flags, and any commemorative flag as may be authorized by the City
Council as an expression of the City Council’s official sentiments.
Purpose:
The purpose of this policy is to provide procedural guidance for the outdoor display of flags at
City facilities. Nothing in this policy is intended to control the City’s indoor display of flags,
including commemorative flags, within City facilities.
Policy:
I. Standards
Flags shall be displayed in accordance with Federal and State statutes, including, but not limited
to, Title 4, Chapter 1 of the United States Code and Sections 430 through 439 of the California
Government Code, and this policy.
II. Procedure
A. United States Flag, California State Flag, and City of Dublin Flag
1. No other flag shall be placed above the United States Flag and no other
flag shall be larger than the United States Flag. Other flags may be flown
at the same height and in the same size, in accordance with this policy.
Where both the United State Flag and the California State Flags are flown,
they shall be of the same size.
2. Flags should be hoisted briskly and lowered ceremoniously. The United
States Flag should be hoisted first and lowered last.
3. Flags shall be displayed during operating hours on all days on which the
City is open for business, and on national and state holidays. Flags may
be displayed twenty-four (24) hours a day as long as they are illuminated
during darkness.
7.1.b
Packet Pg. 148 Attachment: 2. Exhibit A to the Resolution - Outdoor Flag Policy (Flag Policy)
EXHIBIT A
4. Flags shall not be displayed during inclement weather. However, all-
weather flags may be displayed twenty-four (24) hours a day as long as
they are illuminated during darkness.
5. When flags are displayed on a single pole, the order from top to bottom
shall be: the United States Flag, the California State Flag, and if displayed,
the City of Dublin Flag.
6. When the flags are flown from adjacent flag poles, the United States Flag
shall be flown at the highest point of honor, which is the furthest point to
the left from the standpoint of the observer (“the flag’s right”). The
California State Flag shall be placed in the second position of honor. The
City of Dublin Flag, if displayed, shall be placed in the third position of
honor.
7. The United States Flag, the State of California Flag and the City of Dublin
Flag shall be flown at the Dublin Civic Center.
B. Commemorative Flags
1. The City’s flagpoles are not intended to serve as a forum for free
expression by the public. The City shall display commemorative flags
only if authorized by the City Council as an expression of the City’s
official sentiments. Any such authorization shall be given at a duly noticed
meeting of the City Council.
(a) The City Council shall only consider a request to display a
commemorative flag if the request is made by a member of the
Dublin City Council.
2. Commemorative flags shall be displayed for a period of time that is
reasonable or customary for the subject that is to be commemorated, but
no longer than thirty-one (31) continuous days.
3. Commemorative flags shall be displayed exclusively at the Dublin Civic
Center. Such flags may be displayed on the Civic Center flag poles or on
one or more buildings at the Civic Center.
4. Commemorative flags displayed on the Dublin Civic Center flagpoles
shall be displayed in the last position of honor beneath the City of Dublin
Flag, unless otherwise directed by the City Council and to the extent such
display does not conflict with federal law, state law, or this policy.
3229102.3
7.1.b
Packet Pg. 149 Attachment: 2. Exhibit A to the Resolution - Outdoor Flag Policy (Flag Policy)
Page 1 of 9
STAFF REPORT
CITY COUNCIL
DATE: June 4, 2019
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Overview of the City’s Affordable Housing Programs
Prepared by: Jim Bergdoll, Senior Planner - Housing
EXECUTIVE SUMMARY:
The City Council will receive a report on the City’s Affordable Housing Programs,
methods to finance affordable housing, and a presentation by Eden Housing about their
organization and the production of affordable housing through public/private
partnerships.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report.
DESCRIPTION:
On April 16, 2019, the City Council requested that Staff provide an overview of the
City’s affordable housing programs, methods to finance affordable housing
developments, and a presentation by Eden Housing about their organization and the
production of affordable housing through public/private partnerships.
Housing Affordability
Housing is typically defined as affordable when a household pays no more than 30% of
its gross income on housing expenses. Every year, the State of California Housing and
Community Development Department (HCD) issues annual area median incomes (AMI)
and corresponding income limits that are used to calculate the maximum affordable
rental and sales prices for all affordable housing units in the City. These affordable units
within Dublin are each restricted towards certain income categories: very low, low, or
moderate income. Table 1 below illustrates the City of Dublin’s 2019 income limits for
those categories.
8.1
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Page 2 of 9
Table 1: 2019 Income Limits for Alameda County
Income
Category
% of
Area
Median
Income
(AMI)
Household Size
1 2 3 4 5 6 7
Very Low 50% $43,400 $49,600 $ 55,800 $ 61,950 $ 66,950 $ 71,900 $ 76,850
Low 80% $69,000 $78,850 $88,700 $98,550 $106,450 $114,350 $122,250
Moderate 120% 93,850 $107,250 120,650 $134,050 144,750 155,500 $166,200
Source: California Department of Housing and Community Development, 2019
These income limits are then used to calculate the amount of rent that a household in
each income category can afford. Please refer to Table 2 below for the amount of rent
that a household in each of the income category can afford.
Table 2: 2019 Rent Limits for Alameda County
Number of
Bedrooms
Number of
Persons in
Household
Maximum Allowable Rents by Income
Category
Very Low
(<50% AMI)
Low
(<80% AMI)
Moderate
(<120% AMI)
Studio 1-2 $1,085 $1,725 $2,151
1 1-2 $1,240 $1,971 $2,457
2 2-3 $1,395 $2,218 $2,765
3 3-4 $1,549 $2,464 $3,072
4 4-5 $1,674 $2,661 $3,318
Source: City of Dublin Housing Division, 2019
The City’s housing programs focus on creating and preserving ownership and rental
housing opportunities that are affordable to all income categories. These programs are
managed by the City’s Housing Division within the Community Development
Department. The following programs and policies discussed below are ways the City
creates and preserves affordable housing.
Inclusionary Zoning Ordinance
The City of Dublin’s Inclusionary Zoning Ordinance (IZO) was adopted in 2002, and
serves to enhance the public welfare and assure that further housing development
contributes to the attainment of the City’s Housing Element goals by increasing the
production of residential units affordable by households of very low, low, and moderate
incomes. In addition, the IZO assures that the limited remaining developable land in the
City is utilized in a manner consistent with the City’s housing policies and needs.
The Inclusionary Zoning Regulations are briefly described below:
All new residential development projects of 20 units or more shall construct
12.5% of the total number of dwelling units within the development as affordable
8.1
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Page 3 of 9
deed restricted units.
The affordability level of the required number of deed restricted units shall be
consistent with the City’s ordinance.
o Rental developments require 50% moderate income, 20% low income,
and 30% very low income units.
o Ownership developments require 60% moderate income and 40% low
income units.
An Affordable Housing Agreement shall be recorded on the property title prior to
issuing a building permit.
Payment of a fee in-lieu for constructing up to forty percent of the required
inclusionary units is an option available to developers, at the discretion of City
Council, and is paid at the time of building permit. The current in-lieu fee rate is
$190,527 per required affordable unit and adjusted annually based on the larger
of the increases in either the HUD Fair Market Rent Limits for the Oakland -
Fremont Metropolitan Area, or the change in the Bay Area Urban Consumer
Price Index.
Affordable Housing Inventory
As of May 17, 2019, a total of 1,383 affordable units currently exist which are reserved
for households making less than 120% AMI. These include the categories below:
Figure 1: BMR Affordable Housing Inventory
8.1
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Figure 2: Income Distributions of all BMR units
The City’s inclusionary housing program is designed to provide a balance of housing
types to satisfy the housing needs of the community. The number and type of units in
the City’s current stock of affordable housing units and the qualifying household income
categories are illustrated in Figures 1 and 2 above. Rental units make up the largest
portion of the affordable housing stock. The majority of these rental units are available
to low and very low income households, while the ownership units are predominantly
available to moderate income households. Affordable housing for lower income
households require significant subsidies, and there are more funding sources available
to produce rental housing in this income category. Additionally, rental units are often
better suited for lower income households tha t may not have the financial resources to
produce a down payment, or to pay property taxes, homeowner’s association fees, and
the cost of ongoing maintenance associated with homeownership.
Ownership (164 units)
The sales price for deed restricted affordable ownership units is established using
current incomes based on unit size and family size from the chart above. Of these 164
affordable ownership units, 146 are condominiums/townhomes and 18 are single -family
detached homes. 94% of the units are restricted to moderate income households
earning less than 120% AMI, 3% are restricted to low income households earning less
than 80% AMI, and 3% are restricted to very low income households earning less than
50% AMI. Each affordable ownership unit is deed restricted to a specific income
category for between 30 and 55 years, depending on the Affordable Housing
Agreement. City staff monitors these units annually to be sure that they are owner
occupied and compliant with any refinancing or resale requirements. Each new
purchaser of an affordable ownership unit goes through a homebuyer education course
at the time of purchase.
Rental (1,097 units)
The affordable rental unit stock in Dublin totals 1,097 units. All affordable rental units
8.1
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are managed by a community m anager and/or non-profit organization -- the City does
not own or manage any units. The City monitors rental units annually to ensure
compliance with the community’s Affordable Housing Agreement. This includes a review
of tenant income certification, rent prices, and waitlist procedures. The largest share
(43%) of these affordable rental units are deed restricted for households categorized as
very low income making less than 50% AMI. The rest of these units are split between
low income households earning less than 80% AMI, and moderate income housdholds
earning less than 120% AMI. Please refer to Attachment 1 for a list of all the rental
communities with affordable rental units.
Since 2002, most privately constructed rental projects include a mix of market rate and
affordable units. The 100% affordable rental communities have been built by non -profit
developers with a combination of government funding sources, including money
allocated from the City’s Affordable Housing Fund and tax credit financing (as discussed
later in this report), and often with the contribution of land. Local Dublin and Alameda
County funding sources are summarized below. Please refer to Attachment 2 for
federal and state funding descriptions.
Second Units (122 units)
Certain developments have satisfied their affordable housing requirement through the
production of deed restricted Secondary Units or “Accessory Dwelling Units” that can be
rented to qualified very low, low or moderate income households. There are a total 122
deed restricted secondary units that satisfy affordable housing requirements (18% very
low income, 71% low income, and 11% moderate income). These units are located in
Positano, Schaefer Ranch, and Tassajara Hills neighborhoods (32 additional units are
anticipated at buildout of Tassajara Hills). If homeowners were to rent one of these units
(not mandated), tenants’ rent and income levels are restricted to a level prescribed in
the Affordable Housing Agreement for that development.
First Time Homebuyer Loan Program
The City of Dublin offers a first time homebuyer loan program (”FTHLP”) to households
earning less than 120% AMI. The City allocates up to $100,000 in Housing Funds per
fiscal year for new loans. All FTHLP loans have a 30-year deferred payment loan term
and a 3.5 percent simple interest rate; deferred principal and interest are due in full at
time of sale or after 30 years, whichever is earlier. Households may pay off the loan at
any time without penalties. Households must be first time homebuyers or no t have
owned property in the last three years to qualify for the loan.
Eligible households purchasing a qualified BMR home can apply for a loan up to 15
percent of the purchase price with a maximum loan amount of $40,000. Eligible
households purchasing a market rate home can apply for a loan up to 10 percent of the
total purchase price, with a maximum loan amount of $40,000.
Since 2006 when the program was established, over $2.8 million in loans have been
awarded to 59 households. Twenty-six of those loans have been paid off in full due to
sale or refinance of the home, leaving 33 loans in our portfolio. In the last five years, five
homebuyers have taken utilized this loan program.
8.1
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Figure 3: FTHLP Homeowners by Income Category
Local Funding Sources for Affordable Housing Development
The development of 100% affordable housing projects requires a significant amount of
government subsidy which often comes from a combination of local, regional, state and
federal sources. Local and regional sources include the City of Dublin’s Affordable
Housing Fund, and the Alameda County Measure A1 bond. Additionally, affordable
housing projects typically rely on federal and state programs such as tax credits, bond
money, and money allocated to facilitate development of housing for special needs
populations. The following is a brief overview of local and regional funding. Please refer
to Attachment 2 for information regarding a variety of federal and state programs.
Dublin Affordable Housing Fund
The City’s IZO provides developers with the option to pay a fee in lieu of developing up
to 40% of their inclusionary housing requirement, or even more at the City Council’s
discretion. These in lieu fee payments are collected in the City’s Inclusionary Zoning In -
Lieu Fees Fund also known as the Housing Fund. The City also has a Commercial
Linkage Fee program that is charged to non-residential development at permit issuance
based on the building type and size. These f unds are also deposited into the Housing
Fund. Currently, the Housing Fund balance is approximately $12 million.
The majority of the funds in the City’s Housing Fund are used to award loans to non-
profit affordable housing developers to build or preserve affordable housing; these City
funds are crucial towards leveraging millions of dollars in low income housing tax credits
and other federal funding sources. These funds are also used to administer the City’s
affordable housing program and fund the First Time Homebuyer Loan Program.
Since the City’s Inclusionary Housing Program was established in 2002, the City has
awarded over $15 million in grants and loans, in addition to facilitating land acquisition,
to create new affordable housing. Money from this fund helped facilitate development of
306 affordable rental units in the following projects: Wicklow Square, Carlow Court and
Wexford Way at Emerald Vista, and Valor Crossing.
Alameda County Measure A1 Funds
Measure A1, a $580 million countywide housing bond , was passed in November 2016.
The bond has five main components, with two programs already underway to increase
the affordable rental housing inventory. The two existing programs are discussed
8.1
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Page 7 of 9
below.
Regional Pool
$200 million of the bond is allocated to specific regions for the development of
affordable rental housing (“Regional Pool”).
Funds within this Regional Pool are distributed geographically, with Dublin being
part of the East County Regional Pool (along with Livermore and Pleasanton)
and an allocation of $27.3 million.
Funds in this category will be awarded to developers with City-approved
development projects through a competitive application process administered by
Alameda County Housing and Community Development. There has been no
East County Regional Pool application process developed to date, but HCD
hopes to award all Regional Pool funds by December 2023.
Unspent funds in regions will eventually be moved to regions with feasible
projects requesting funds.
Most of the A1 Awards to the most recent North-County and Mid-County
Regional Pool allocation are between $2 million and $10 million per project.
• Greater local city financial contribution toward the project will increase a project’s
ranking in this competitive selection process through HCD.
Base City Allocation
$225 million is allocated among each Alameda County city for new affordable
housing projects (“Base City Allocation”);
Dublin’s Base City Allocation is $7,948,319, which will be awarded for specific
development projects in Dublin as they prepare to commence construction.
City allocations were determined based on a formula which incorporates
population and percentage of assessed property value.
The City must commit these A1 funds by December 31, 2021 and those projects
must start construction within three years of their funding commitment date.
Any uncommitted funds by each city on January 1, 2022 will be moved into the
Regional Pool.
Additional Housing Resources
Mortgage Credit Certificates
Alameda County Department of Housing and Community Development (County HCD)
oversees the Mortgage Credit Certificate (MCC) program which is funded by the State
of California. MCC provides income eligible first-time home buyers with an opportunity
to receive a tax credit on the first 20% of their annual mortgage interest payments. The
home buyer may either adjust their federal income tax withholdings and increase their
income available to pay the mortgage or receive a lump sum tax credit each year.
Approximately $15 million is usually available for the MCC program annually.
Alameda County AC Boost
AC Boost is a $50 million Down Payment Assistance loan program available to first -time
homebuyers and funded through the A1 Bond. The program that is projected to expend
the initial funds over the next seven years. Similar to Dublin’s FTHLP, when a
homeowner sells the home in the future, any sale proceeds return to the fund which
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extends the life of the program. Dublin residents have access to these funds with
educators and first responders being given priority to access this program.
Renew Alameda County (Renew AC) Low-Income Home Repair/Rehab
This program was also launched in March 2019 with County A1 Bond funds totaling $45
Million reserved over eight years for housing preservation. Renew AC helps low income
homeowners, like seniors and those with disabilities, to access affordable, low-interest
deferred payment loans for home improvement projects that maintain safe housing,
increase accessibility, and ultimately prevent homeowner displacement. Dublin’s low
income homeowners are now able to access this funding, and information is on the
City’s website.
Community Development Block Grant (CDBG)
The County HCD administers a home repair and improvement program for the City
using CDBG Capital Improvement funds. This program is being phased out and
replaced by the Renew AC program (described above). In 2018/2019 year to date within
Dublin, seven Minor Home Repair cases have been completed, two new cases were
started, and all remaining or new home repair/rehab cases are being referred to the new
Renew AC program administration.
HUD Section 8 (Housing Choice Voucher Rental Assistance)
The Housing Choice Voucher Program (commonly referred to as Section 8), extends
rental subsidies to extremely low and very low income households, including families,
seniors, and the disabled. The program offers a voucher that pays the difference
between the current fair market rent (FMR) as established by the U.S. Department of
Housing and Urban Development (HUD) and what a tenant can afford to pay (i.e. 30
percent of household income). The Housing Authority of the County of Alameda
administers the program in Dublin. A total of 404 vouchers are currently being used in
rental properties in Dublin. Most of these are awarded to individual households by the
Housing Authority and used as part of rent payment at the discretion of the rental units’
owners. Some vouchers are “Project-based vouchers” that were assigned to three of
Dublin’s affordable rental projects (Carlow Court, Wexford Way, and Valor Cro ssing) at
the time of development to assist with the financing of the project.
Efforts to Facilitate Affordable Housing
Over the course of the next year, Staff will be working on initiatives to further efforts to
produce affordable housing in Dublin, updating policies to comply with recent changes
to State law and enhancing existing programs. This includes placing a priority on
creating a public/private partnership with a non-profit housing developer and leveraging
local funds to produce an affordable housing development for a special needs
population. Staff will return to the City Council with additional information on this effort
and seek direction from the City Council by late summer or early fall.
Additionally, Staff is also looking at ways to help facilitate the private development of
accessory dwelling units through a variety of different means. The City Council will
receive a report this summer on this effort and be asked to provide feedback and
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direction to help guide this effort.
Staff will also be evaluating the City’s First Time Homebuyer Loan Program for ways to
improve the program and to better coordinate this funding with other sources such as
the Alameda County loan programs and State programs. Staff is also updating the
City’s Density Bonus Ordinance to comply with State law, reviewing the Emergency
Shelter Ordinance and the Transitional Housing Ordinance to ensure that they comply
with State Law, and monitoring proposed legislation that could be impactful to Dublin.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Affordable Rental Projects in Dublin
2. Federal and State Affordable Housing Funding Sources
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Attachment 1
Affordable Rental Projects in Dublin
As of 5/2019
Community Name
Year of
Agreement/
Effective Date
Year
Restrictions
Expire
Total
Affordable
Units
Total
Units Property Manager
Mixed Income Projects with both Market Rate and Affordable Rental Units:
Park Sierra* 1999 2029 57 283 Shea Properties
Avana (Archstone)
Apartments 2001 2031 2 177 Greystar
Dublin Ranch Pine Grove
Senior + Oak Grove
Family (Fairway)
2006 2061 535 626 FPI Management
Dublin Station by
Windsor
(aka Avalon Eclipse -
5300 Iron Horse)
2007 2062 30 305
Windsor Property
Management
Company
Tralee Village 2011 + 55 16 130 Bell Partners Inc.
Avalon at Dublin Station
(5200 Iron Horse) 2013 2068 50 505 AvalonBay
Communities, Inc.
Subtotal: 690 2,026
100% Affordable Rental Unit Projects by Non-Profit Developers with Funding and Land Dedication by the City:
Wicklow Square 2006 2061 53 54 Eden Housing
Camellia Place 2007 2062 111 112 EAH Housing
Wexford Way 2012 2067 129 130 Eden Housing
Carlow Court 2012 2067 49 50 Eden Housing
Valor Crossing 2016 2071 65 66 Eden Housing
Subtotal: 407 412
Grand Total 1,097 2,438
*At Park Sierra, 14 of the affordable units are very low income units required & funded by other sources.
8.1.a
Packet Pg. 159 Attachment: 1. Affordable Rental Projects in Dublin (Overview of the City’s Affordable Housing Programs)
1 of 2 Attachment 2
Federal and State Affordable Housing Funding Sources
Federal and State Tax Credits:
The low-income housing tax credit (LIHTC) program is one of the federal and state
governments’ primary policy tools for encouraging the development and rehabilitation of
affordable rental housing. A number of the 100% affordable rental developments in Dublin
have received tax credits, such as Wicklow Square, The Groves at Dublin Ranch, and Valor
Crossing. These nonrefundable federal housing tax credits are awarded to developers of
qualified rental projects via a competitive application process administered by state housing
finance authorities. Developers typically sell their tax credits to outside investors in exchange for
equity in the project. Selling the tax credits reduces the debt developers would otherwise have
to incur and the equity they would otherwise have to contribute. With lower financing costs, tax
credit properties can potentially offer lower, more affordable ren ts. Tax credits often finance 50-
75 percent of a project’s permanent costs.
State of CA --Other Funds:
Affordable Housing and Sustainable Communities (AHSC “Cap and Trade”):
Administered by the Strategic Growth Council and implemented by the Departmen t of Housing
and Community Development (HCD), the AHSC Program funds land-use, housing,
transportation, and land preservation projects to support infill and compact development that
reduce greenhouse gas ("GHG") emissions. Funding for the AHSC Program is provided (with a
competitive RFP annually) from the Greenhouse Gas Reduction Fund (GGRF), an account
established to receive Cap-and-Trade auction proceeds. Fifty (50) percent of the available
funds are set aside for Affordable Housing Developments, and 50 percent of the available funds
are set aside for projects benefitting Disadvantaged Communities. In the last annual round,
HCD awarded seven projects between $10 Million and $20 Million each.
“No Place Like Home” (NPLH)
Started in 2018 with $2 billion in dedicated bond proceeds to invest in the development of
permanent supportive housing for persons who are in need of mental health services and are
experiencing homelessness, chronic homelessness, or who are at risk of chr onic
homelessness. The bonds are repaid by funding from the Menta l Health Services Act (MHSA).
The eligible uses of the funds are to acquire, design, construct, rehabilitate, or preserve
permanent supportive housing for persons who are experiencing homeles sness, chronic
homelessness or who are at risk of chronic homelessness, and who are in need of mental
health services. Populations served include: adults with serious mental illness, or children with
severe emotional disorders and their families , and persons who require or are at risk of
requiring acute psychiatric inpatient care, residential treatment, or outpatient crisis intervention
because of a mental disorder with symptoms of psychosis, suicidality or violence and who are
homeless, chronically homeless, or at risk of chronic homelessness.
Veterans Housing and Homeless Prevention Program (VHHP)
HCD anticipates awarding approximately $300 million in subsequent years funding rounds.
2018 Round awarded 15 projects between $2 Million and $10 Million each. Eligible uses
include: Acquisition, construction, rehabilitation, and preservation of affordable multifamily
housing for veterans and their families to allow veterans to access and maintain housing
8.1.b
Packet Pg. 160 Attachment: 2. Federal and State Affordable Housing Funding Sources (Overview of the City’s Affordable Housing Programs)
2 of 2 Attachment 2
stability. At least 50 percent of the funds awarded shal l serve veteran households with
extremely low incomes. Of those units targeted to extremely low-income veteran housing, 60
percent shall be supportive housing units.
Permanent Local Housing Allocation (PLHA)
This is a new funding source authorized by SB2 in 2017 that creates a dedicat ed revenue
source for the Building Homes and Jobs Trust Fund. 70% of the estimated $250-300 Million
collected starting in 2019 to be distributed to local governments mostly using the federal CDBG
allocation formula within California. Eligible uses of the se funds include: affordable housing
development as well as necessary operating subsidies; affordable “workforce” rental or
ownership housing for incomes up to 150% AMI in high co st areas; provision of rapid rehousing,
rental assistance, navigation centers, emergency shelters. 20% of this new Trust Fund is
required to be expended for affordable owner-occupied workforce housing. Note that HCD is
currently preparing guidelines for implementation of this program.
Multifamily Housing Program (MHP) and Supportive Housing Multifamily (SHMHP)
The purpose of this State program is to provide low-interest loans to developers of permanent
affordable rental housing that contain supportive housing units. SHMHP funds are for
permanent financing only, and may be used for new construction or rehabilitation of a
multifamily rental housing development, or conversion of a nonresidential structure to a
multifamily rental housing development. Eligible use of funds may include, but are not limited to,
real property acquisition, refinancing to retain affordable rents, necessary on-site and off-site
improvements, reasonable fees and consulting costs, capitalized reserves, facilities for
childcare, after-school care, and social service facilities integrally linked to the restricted
supportive housing units. A minimum of 40 percent of total units must be supportive housing
units, whichever is greater, and must have associated supportive services for the intended
target population living in the restricted units . In 2018 California HCD awarded approximately
$77 Million for this program to housing developers.
8.1.b
Packet Pg. 161 Attachment: 2. Federal and State Affordable Housing Funding Sources (Overview of the City’s Affordable Housing Programs)