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HomeMy WebLinkAboutDecember 6, 2016 Agenda December 6, 2016 Dublin City Council Agenda Page 1 of 5 SPECIAL MEETING Tuesday, December 6, 2016 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A  Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov)  Agendas may be picked up at the City Clerk’s Office for no charge, or to request information on being placed on the annual subscription list, please call 833-6650.  A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. SPECIAL MEETING 5:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Recognition of Bethany Zummo The City Council will recognize Bethany Zummo, Rio 2016 Paralympic Games Gold Medalist. STAFF RECOMMENDATION: Present the certificate of recognition. 3.2. Donation of Equipment and Software for an Electronic Plan Check Pilot Program The City Council will consider accepting a donation of computer monitors, software, and software licenses from Brookfield Residential, to be used by City Staff to in a pilot program to perform plan checks electronically for The Boulevard (Dublin Crossing) project. STAFF RECOMMENDATION: Formally accept the donation and recognize Brookfield Residential, and provide direction to Staff on the Electronic Plan Check Pilot Program. 3.3. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance wit h State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Minutes of the November 15, 2016 Regular City Council Meeting The City Council will consider approval of the minutes of the November 15, 2016 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the November 15, 2016 Regular City Council meeting. December 6, 2016 Dublin City Council Agenda Page 2 of 5 4.2. Adoption of Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program (Second Reading) The City Council will consider adopting an Uncodified Ordinance authorizing the implementation of a Community Choice Aggregation Program in Dublin. The first reading of this Uncodified Ordinance was held at the November 15, 2016 Regular City Council Meeting. STAFF RECOMMENDATION: Waive the reading and adopt the Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program. 4.3. Authorization to Bid Sean Diamond Park, CIP Project PK0216 The Capital Improvement Program (CIP) includes funding to design and construct Sean Diamond Park. The 5-acre park would provide a central gathering point with public art, playgrounds for ages 2-to-5 and 5-to-12, a tennis court, picnic area, informal lawn area, grass volleyball court, restroom building, and interior pathways for circulation and exercise. Staff is requesting City Council authorization to bid Sean Diamond Park, CIP No. PK0216. STAFF RECOMMENDATION: Authorize Staff to advertise Sean Diamond Park, CIP No. PK0216, for bids, including additive alternates for the shade structure at picnic area and additional lighting at the central garden. 4.4. Acceptance of Work – Contract No. ST0815A Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 The City Council will consider accepting the work for Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1, which provided for the construction of two mid-block crosswalks including curb extensions, median island refuge areas, and Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices. The project also included construction of a raised median island at the southern driveway in front of the Safeway property. These improvements increased pedestrian safety and improved traffic circulation in the Downtown area. STAFF RECOMMENDATION: Adopt the Resolution Accepting Improvements under Contract No. ST0815A for the Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Project and authorize the City to release retention after 35 days if there are no subcontractor claims. 4.5. Agreement for Participation in the Alameda County Operational Area Emergency Management Organization The City Council will consider adopting a Resolution approving continued participation in the Agreement for Participation in Alameda County Operational Area Emergency Management Organization, as it was approved by the Alameda County Board of Supervisors on May 10, 2016. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Agreement for Participation in Alameda County Operational Area Emergency Management Organization. 4.6. Agreement with West Corporation for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105) The City Council will consider approval of an agreement with West Corporation for access control and site security at the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105). STAFF RECOMMENDATION: Adopt the Resolution Approving the Consulting Services Agreement between the City of Dublin and West Corporation for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105). December 6, 2016 Dublin City Council Agenda Page 3 of 5 4.7. Task Order for the Metropolitan Planning Group The City Council will consider approving a Task Order for the Metropolitan Planning Group in the amount of $97,550. The Metropolitan Planning Group will assist the Planning Division Staff with processing the entitlements for the Boulevard project, and plan check services related to several approved development projects. The work will be performed in accordance with the terms of the recently approved Consulting Services Agreement with the firm to provide these types of services. STAFF RECOMMENDATION: Adopt the Resolution Approving Task Order #1 with the Metropolitan Planning Group to provide contract planning services. 4.8. Fiscal Year 2016-17 1st Quarter Financial Review, and Resolution Amending the Position Allocation Plan The City Council will receive a financial report through the first quarter for Fiscal Year 2016-17 and consider amendments to the Fiscal Year 2016-17 Budget via a budget change. The City Council will also consider approval of a resolution amending the City’s Position Allocation Plan to account for an increase by 0.25 in the full-time equivalent (FTE) position count. STAFF RECOMMENDATION: Approve the budget change and adopt the Resolution Amending the City of Dublin Position Allocation Plan for Fiscal Year 2016-17. 4.9. Notice of Pending Decision on Final Maps for Tract 8306, Tract 8307, and Tract 8308 In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is hereby notified of the City Engineer’s pending approval of the Final Maps for Tract 8306, Tract 8307, and Tract 8308, located at the Boulevard development on Camp Parks, within the Dublin Crossing Specific Plan Area. The City Engineer shall approve the Final Map within 10 days following this notification. STAFF RECOMMENDATION: Receive the notification. 4.10. Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code The City Council will consider adoption of an ordinance amending the City of Dublin Conflict of Interest Code. This is the second reading of this ordinance. STAFF RECOMMENDATION: Waive the reading, and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code. 4.11. City Council Chamber Renovations The City Council will consider approving a budget change to the Civic Center Modification Design & Construction Project (CIP No. GI4099) based on updated construction cost estimates for the City Council chamber renovations, approve a related amendment to the Swatt I Miers contract for design work, and authorize the City Manager to purchase equipment. STAFF RECOMMENDATION: Approve a budget change for the Civic Center Modification Design & Construction Project (CIP No. GI4099); adopt the Resolution Approving an Amendment to the Consulting Services Agreement with Swatt I Miers Architects for Design Services for the Civic Center Modification Design & Construction Project; and adopt the Resolution Authorizing the City Manager to Purchase Furniture for the Civic Center Modification Design & Construction Project. December 6, 2016 Dublin City Council Agenda Page 4 of 5 5. WRITTEN COMMUNICATION 5.1. Downtown Development Pool Implementation The City Council will consider options related to the implementation of the City's Downtown Development Pool. This item is being brought back to the City Council at their request. STAFF RECOMMENDATION: Consider the options presented and provide direction to Staff. 6. PUBLIC HEARING – NONE. 7. UNFINISHED BUSINESS 7.1. Approval of Appointments the Fiscal Sustainability Task Force The City Council will consider appointments, recommended by Staff, to the Fiscal Sustainability Task Force. The purpose of the Task Force to educate the public on city finance and the City of Dublin’s current and projected financial status and produce an advisory document with options for the City Council to consider in future budget cycles. Because the City received a significant response, Staff is recommending the appointment of the seven members and four alternates. STAFF RECOMMENDATION: Appoint seven members and four alternates to the Fiscal Sustainability Task Force, as recommended by Staff. 8. NEW BUSINESS 8.1. Certification of November 8, 2016 Election Results The City has received and will certify the November 8, 2016 election results for the Office of Mayor and two City Councilmembers from the Alameda County Registrar of Voters. STAFF RECOMMENDATION: Adopt the Resolution Reciting the Facts of the General Municipal Election held on November 8, 2016, Declaring the Results Thereof, and Such Other Matters as are provided by Law. 8.2. Presentation of Plaque to Outgoing Councilmembers Kevin Hart and Doreen Wehrenberg The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen Wehrenberg in appreciation of their dedicated service to the City. STAFF RECOMMENDATION: Present the plaques and receive comments from outgoing Councilmembers Hart and Wehrenberg. 8.3. Administration of Oath of Office to Newly Elected Mayor and City Councilmembers The Oath of Office will be administered to the re-elected Mayor and newly elected City Councilmembers. STAFF RECOMMENDATION: Administer the Oath of Office to the re-elected Mayor and newly elected City Councilmembers. 8.4. Selection of Vice Mayor The City Council’s policy is to select, in December of each year, a member of the City Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. STAFF RECOMMENDATION: Determine who shall serve as Vice Mayor for a one-year period. December 6, 2016 Dublin City Council Agenda Page 5 of 5 9. OTHER BUSINESS Brief INFORMATION ONLY reports from Council and/or Staff, including Committee Reports and Reports by Council related to Meetings Attended at City Expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Vision Dublin is a vibrant city committed to its citizens, natural resources and cultural heritage. As Dublin grows, it will balance history with progress, to sustain an enlightened, economically balanced and diverse community. Dublin is unified in its belief that an engaged and informed community encourages innovation in all aspects of City life, including programs to strengthen our economic vitality, and preserve our natural surroundings through environmental stewardship and sustainability. Dublin is dedicated to promoting an active and healthy lifestyle through the creation of first-class recreational opportunities, facilities and programs. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Recognition of Bethany Zummo Prepared by: Taryn Gavagan Bozzo, Executive Aide EXECUTIVE SUMMARY: The City Council will recognize Bethany Zummo, Rio 2016 Paralympic Games Gold Medalist. STAFF RECOMMENDATION: Present the certificate of recognition. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will recognize Bethany Zummo for her recent gold medal win at the Rio 2016 Paralympic Games, as part of the United Stated Women's Sitting Volleyball team. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None 3.1 Packet Pg. 6 1608 None Page 1 3.1.a Packet Pg. 7 At t a c h m e n t : N o n e ( 1 2 0 9 : Z u m m o R e c o g n i t i o n ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Donation of Equipment and Software for an Electronic Plan Check Pilot Program Prepared by: Tim Eisler, Information Systems Manager EXECUTIVE SUMMARY: The City Council will consider accepting a donation of computer monitors, software, and software licenses from Brookfield Residential, to be used by City Staff to in a pilot program to perform plan checks electronically for The Boulevard (Dublin Crossing) project. STAFF RECOMMENDATION: Formally accept the donation and recognize Brookfield Residential, and provide direction to Staff on the Electronic Plan Check Pilot Program. FINANCIAL IMPACT: The total value of the donation of monitors and software licenses for electronic plan review is estimated at $24,000. Should the pilot program prove successful, Staff would work on creating protocols for offering a permanent electronic plan submission options, which would include a fee structure for future applications, to cover the ongoing cost of software licenses, maintenance, and equipment replacement. DESCRIPTION: Under the City’s current practice, development applicants submit numerous sets of paper plans that City departments (Public Works and Community Development) review and mark up during the plan check process. Large scale projects can generate a great number of paper plan sets, which are typically transferred between Staff and applicants with hand-written notes as necessary. As the City continues to look for efficiencies in operations, and is always interested in methods of reducing waste, Staff would like to evaluate the feasibility of offering an 3.2 Packet Pg. 8 Page 2 of 2 electronic plan review process, whereby applicants submit electronic files (Portable Document Format, or pdf files) to the City instead of paper. Brookfield Residential, the developer of The Boulevard project (Dublin Crossing), has offered to make an initial donation of equipment and software that would enable the City to perform electronic plan review. Staff proposes to initially use this donation as a pilot program only for the plan review process related to The Boulevard project, during which time Staff would evaluate the utility of offering this option to future applicants. The proposed donation from Brookfield Residential includes: - 30 30-inch computer monitors to be used in 15 work stations (two monitors per station), estimated at $400 per monitor, for a total value of $12,000 . - Plan review software and two years’ of related software licenses for 15 users, estimated at $400 per user for a total value of $12,000. If the pilot program is successful, Staff would work on a formal procedure for accepting electronic plans from any applicant. Staff would also explore an ongoing fee structure related to electronic plan submission, in order to cover future ongoing software licenses, maintenance, and equipment replacement costs. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 3.2 Packet Pg. 9 Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Minutes of the November 15, 2016 Regular City Council Meeting Prepared by: Walfred Solorzano, Deputy City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the November 15, 2016 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the November 15, 2016 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the November 15, 2016 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the November 15, 2016 Regular City Council Meeting 4.1 Packet Pg. 10 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – NOVEMBER 15, 2016 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING NOVEMBER 15, 2016 A Regular Meeting of the Dublin City Council was held on Tuesday, November 15, 2016, in the City Council Chamber. The meeting was called to order at 6:30 PM., by Mayor Pro Tempore Gupta. Closed Session I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: Space on city-owned light pole on the west side of 6900 block of Regional Street Agency Negotiator: Chris Foss, City Manager Negotiating parties: Mobilite, LLC Under negotiation: Price and terms of payment 1. Call to Order and Pledge of Allegiance Attendee Name Title Status David Haubert Mayor Absent Abe Gupta Vice Mayor Present Kevin Hart Councilmember Present Don Biddle Councilmember Present Doreen Wehrenberg Councilmember Present 2. Report on Closed Session There was no reportable action. 3. Oral Communications 3.1. Recognition of 2016 Inside Dublin Participants The City Council recognized the participants. 3.2. Community Spotlight: Certificate of Recognition for CityServe of the Tri-Valley The City Council presented the certificate of recognition. 3.3. Valley Children's Museum Project Presentation 4.1.a Packet Pg. 11 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING NOVEMBER 15, 2016 Mayor Pro Tem Gupta moved this item to after Item 8.1. Dawn Benson, Valley Children's Museum Board Member, provided comment on this item. Patrick Constanza Jr., Valley Children's Museum Vice President, provided comment on this item. The item was recessed to discuss Item 8.2. Marian Thatch, Valley Children's Museum Board Member, provided public comment on this item. John Thatch provided public comment on this item. Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this item. Donna Kerger, Board of Director Valley Children's Museum Board Member, provided public comment on this item. By consensus, the City Council received the report and directed Staff to work with Valley Children's Museum to come up with a Memorandum of Understanding between the City and the Valley Children’s Museum. 3.4. Employee Introductions: Laurie Sucgang The City Council welcomed the new City of Dublin Staff member. 3.5. Public Comment Ramoncito Firmeza, Dublin resident, provided public comment. Susie Criscimagna, Eden Housing Project Developer, provided public comment. Georgean Vonheeder-Leopold, City Historian, provided public comment. 4. Consent Calendar Councilmember Wehrenberg pulled Item 4.11 for further discussion. Mayor Pro Tem Gupta pulled Item 4.14 for further discussion. Councilmember Hart pulled Item 4.15 for further discussion. Councilmember Hart commented on Item 4.6. 4.1.a Packet Pg. 12 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING NOVEMBER 15, 2016 Councilmember Wehrenberg commented on Item 4.11. 4.1. Approved the minutes of the November 1, 2016 Regular City Council meeting. 4.2. Waived the reading and adopted the Ordinance Amending Dublin Municipal Code Section 2.08.020 and Providing for an Increase in the Salary for Members of the City Council. 4.3. Received the Payment Issuance Report and Electronic Fund Transfers. 4.4. Received the City Treasurer’s Informational Report of Investments for the Quarter Ending September 20, 2016 4.5. Waived the reading and adopted ORDINANCE NO. 11- 16 APPROVING A REZONING FROM THE M ZONING DISTRICT TO THE M-P ZONING DISTRICT FOR THE SIERRA BUSINESS CENTER 4.6. Authorized Staff to advertise the Public Safety Complex - Police Services Building, CIP Project No. GI0116 for bids, including a bid alternate for Zero Net Energy, Photovoltaic Power Generation. 4.7. Authorized the procurement as an exception to the requirement for competitive bidding; and adopt the Resolution approving agreement with MCE Corporation, Inc. for maintenance services. 4.8. Adopted RESOLUTION NO. 163 - 16 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBLIN AND PARKS RESERVE FORCES TRAINING AREA REGARDING JOINT OPERATIONS OF A HISTORY CENTER 4.9 Adopted RESOLUTION NO. 164 – 16 SUPPORTING A RAIL CONNECTION BETWEEN THE BAY AREA RAPID TRANSIT AND ALTAMONT CORRIDOR EXPRESS RAIL SYSTEMS IN THE TRI-VALLEY 4.10 Authorized the expenditure for an annual partnership with the Dublin Chamber of Commerce. 4.1.a Packet Pg. 13 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING NOVEMBER 15, 2016 4.12. Waived the reading and INTRODUCED an Ordinance Amending Chapter 2.24 of the Dublin Municipal Code, regarding the City's Conflict of Interest Code. 4.13. Approved the addition of the IT Infrastructure Improvements Project (CIP No. GI0117) to the Five-Year Capital Improvement Program; and approved the budget change. RESULT: ADOPTED [UNANIMOUS] MOVER: Don Biddle, Councilmember SECONDER: Abe Gupta, Vice Mayor AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert 4.11 On motion of Cm. Gupta, seconded by Cm. Hart and by unanimous vote, the City Council received the report. 4.14 Marlene Massetti, Dublin resident, provided public comment on this item. Jean Josey, Dublin resident, provided public comment on this item. Ramoncito Firmeza, Dublin resident, provided public comment on this item. Marie Marshall, Dublin resident, provided public comment on this item. Mohammad Javanbakht, applicant with Avesta Development Group LLC., provided public comment and responded to questions posed by the City Council. On motion of Cm. Biddle, seconded by Cm. Wehrenberg and by majority vote (Cm. Hart voting no, Mayor Haubert absent), the City Council adopted: RESOLUTION NO. 165 – 16 APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF DUBLIN AND AVESTA DEVELOPMENT GROUP 4.15 On motion of Cm. Gupta, seconded by Cm. Biddle and by majority vote (Cm. Hart voting no, Mayor Haubert absent) the City Council adopted: RESOLUTION NO. 166 – 16 SUMMARILY VACATING AN UNUSED 10-FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED AT 7601 AMADOR VALLEY BOULEVARD 5. Written Communication - None. 4.1.a Packet Pg. 14 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING NOVEMBER 15, 2016 6. Public Hearing 6.1. Updates to the City’s Construction and Fire Codes in Accordance with Requirements of State Law Mayor Pro Tem Gupta opened the public hearing. No comments were made on this item. Mayor Pro Tem Gupta closed the public hearing. RESULT: ADOPTED [UNANIMOUS] MOVER: Doreen Wehrenberg, Councilmember SECONDER: Don Biddle, Councilmember AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert RESOLUTION NO. 167 – 16 APPROVING FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS IN THE CALIFORNIA BUILDING STANDARDS CODE AS ADOPTED BY THE STATE OF CALIFORNIA, IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, TO BE ADOPTED BY REFERENCE IN THE DUBLIN MUNICIPAL CODE ORDINANCE NO. 12 – 16 REPEALING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; ADDING CHAPTERS 5.08 (FIRE CODE), 7.32 (BUILDING CODE), 7.34 (RESIDENTIAL CODE), 7.36 (ELECTRICAL CODE), 7.40 (PLUMBING CODE), CHAPTER 7.44 (MECHANICAL CODE), AND 7.94 (GREEN BUILDING CODE) OF THE DUBLIN MUNICIPAL CODE; AND AMENDING CHAPTER 7.28 (BUILDING REGULATION ADMINISTRATION) OF THE DUBLIN MUNICIPAL CODE IN ORDER TO ADOPT BY REFERENCE AND AMEND PROVISIONS OF THE 2016 EDITION OF THE CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, CALIFORNIA CODE OF REGULATIONS 4.1.a Packet Pg. 15 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 6 REGULAR MEETING NOVEMBER 15, 2016 7. Unfinished Business 7.1. Consideration of Community Choice Aggregation for the City of Dublin and Authorization to Form the East Bay Community Energy Authority, a Joint Powers Authority, and City of Dublin Membership in the Authority Bruce Jensen, Alameda County CDA, provided public comment on this item and responded to questions posed by the City Council. Eloise Hamann, Dublin resident, provided public comment on this item. Georgean Vonheeder-Leopold, Dublin resident, provided public comment on this item. RESULT: ADOPTED [UNANIMOUS] MOVER: Abe Gupta, Vice Mayor SECONDER: Doreen Wehrenberg, Councilmember AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert RESOLUTION NO. 168 – 16 AP PROVING AN AGREEMENT TO PARTICIPATE IN A JOINT POWERS AGENCY FOR COMMUNITY CHOICE AGGREGATION PROGRAM IN ALAMEDA COUNTY ORDINANCE NO. 13 – 16 AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM 8. New Business 8.1. Consideration of Appointments to 2016 Citizens/Organization of the Year Ad -Hoc Committee Appointed Vice Mayor Gupta and Councilmember Biddle to the 2016 Citizens/Organization of the Year Ad-Hoc Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Doreen Wehrenberg, Councilmember SECONDER: Kevin Hart, Councilmember AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert 4.1.a Packet Pg. 16 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y DUBLIN CITY COUNCIL MINUTES 7 REGULAR MEETING NOVEMBER 15, 2016 8.2. Dublin Crossing Community Park Master Plan Chris Hardy, SWA Group, provided comment. Steve Minnear, Dublin resident, provided public comment on this item. Approved the Dublin Crossing Community Park Master Plan. RESULT: ADOPTED [UNANIMOUS] MOVER: Don Biddle, Councilmember SECONDER: Kevin Hart, Councilmember AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert 8.3. City Operations of the Dublin Swim Center Authorized the ceasing of City operations at the Dublin Swim Center at Dublin High School, effective December 31, 2016 and direct Staff to amend the Agreement with Dublin Unified School District. RESULT: ADOPTED [UNANIMOUS] MOVER: Doreen Wehrenberg, Councilmember SECONDER: Kevin Hart, Councilmember AYES: Gupta, Hart, Biddle, Wehrenberg ABSENT: Haubert 9. Other Business Brief information only reports were provided by the City Council and/or Staff, including Committee Reports and Reports by City Council related to meetings attended at City expense (AB1234).. 10. Adjournment The meeting was adjourned at 10:35 p.m. in honor of Staff Sgt. Sean Diamond, and all of our fallen troops. Mayor Pro Tempore ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 17 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y C o u n c i l M e e t i n g ( 1 2 4 5 : M i n u t e s o f t h e N o v e m b e r 1 5 , 2 0 1 6 R e g u l a r C i t y Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Adoption of Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program (Second Reading) Prepared by: Shannan Young, Environmental Coordinator EXECUTIVE SUMMARY: The City Council will consider adopting an Uncodified Ordinance authorizing the implementation of a Community Choice Aggregation Program in Dublin. The first reading of this Uncodified Ordinance was held at the November 15, 2016 Regular City Council Meeting. STAFF RECOMMENDATION: Waive the reading and adopt the Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program. FINANCIAL IMPACT: Member cities assume no obligations for the debts and liabilities of the Joint Powers Authority, unless such liability is expressly assumed by its governing body. There is no impact to the General Fund. DESCRIPTION: Authorized by California law in 2002, Community Choice Aggregation (CCA) enables cities and county governments to pool the electricity demand within their jurisdictions in order to procure or generate electrical power supplies on behalf of the residents and businesses in their communities. CCAs work in partnership with the region’s existing utility (in the case of Alameda County, Pacific Gas & Electric Company, or “PG&E”). Under the partnership, the CCA procures and/or generates electricity on behalf of its customers, while PG&E continues to deliver power to homes and businesses, handles customer billing, and maintains the grid. On October 4, 2016, the Alameda County Board of Supervisors approved a Joint Powers Agreement for the East Bay Community Energy Authority, which will, upon 4.2 Packet Pg. 18 Page 2 of 2 approval of at least three initial participating jurisdictions, establish a CCA for Alameda County. The City Council, at their November 15, 2016 meeting, adopted a Resolution approving an agreement to participate in the Joint Powers Agency for Community Choice Aggregation Program in Alameda County and introduced an Uncodified Ordinance authorizing the implementation of a Community Choice Aggregation Program. Please refer to the City Council Staff Report dated November 15, 2016 for a complete discussion of the program (Attachment 1). Staff recommends that the City Council waive the second reading and adopt the Uncodified Ordinance authorizing the implementation of a Community Choice Aggregation Program. The Uncodified Ordinance is included as Attachment 2 of this report. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: 1. November 15, 2016 City Council Staff Report 2. Uncodified Ordinance Authorizing the Implementation of a Community Choice Aggregation Program 4.2 Packet Pg. 19 Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: November 15, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, CityManager SUBJECT: Consideration of Community Choice Aggregation for theCityof Dublin and Authorization to FormtheEastBayCommunityEnergyAuthority, a Joint PowersAuthority, andCity of Dublin Membership in theAuthority. Prepared by: Shannan Young, EnvironmentalCoordinator EXECUTIVE SUMMARY: At theNovember 1, 2016meeting, theCityCouncilreceived a report from Alameda Countystaff and consultants onthe technical findings for the Community Choice Aggregation (CCA) Programand received an update onthe statusof the East Bay CommunityEnergy AuthorityJoint Powers Agreement. CCAwould provide an alternative to PG&E suppliedelectricpowerwithinCity of Dublin, as well asthe other citiesin AlamedaCounty. TheCityCouncil will considerjoiningtheCCA, approvingof the East Bay Community Choice Energy Joint Powers Agreement (“JPA”) and introducing the relatedOrdinance. STAFF RECOMMENDATION: ApprovetheEastBayCommunityEnergyAuthority Joint Powers Agreement inorder to participate in a CCAJPA for East Bay municipalities, adopt the Resolution Approving anAgreementtoParticipate In a Joint PowersAgency for Community Choice AggregationProgram in AlamedaCounty, and INTRODUCE an UncodifiedOrdinance Authorizing the Implementation of a CommunityChoice Aggregation Program. FINANCIALIMPACT: There isno impacttothe General Fund. However, if the City were to laterwithdraw fromthe JPA, the Citypotentially incur liability in unknownamounts. DESCRIPTION: Background CommunityChoice Aggregation (“CCA”) enablescities and county governments to pool theelectricitydemand within their jurisdictions in ordertoprocure or generateelectrical powersupplies on behalf of the residents and businesses in their communities. Primary 4.2.a Packet Pg. 20 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) Page 2 of 5 reasons for pursuing a CCAprogram include: 1) the abilityto achieve ClimateAction Plangoalsthroughsignificant reductions in greenhouse gas emissions, 2) offering customers an energy choiceand competitive electricalrates, and 3) local economic developmentbenefitsincluding jobs creationassociatedwith the development of local power andnew energyprograms in theregion. The CCA procuresand/or generateselectricity on behalf of its customers while PG&E continues to deliver powertohomesand businesses, handles customer billing, and maintains thegrid. CCAs can enhance consumer choice by givingcustomers the right to opt out. Customers may switchback to PG&E at any time, therefore theycan choosebetweenelectricity providers and gain the ability to compare rates andenergy sources. In June2014, theAlamedaCountyBoard of Supervisors voted unanimously to allocate 1.3 million to explorethecreationof a CCA program, andformulated a Joint Powers Agreement (“JPA”) forthe EastBayCommunityEnergyAuthority (“Authority”). On October 4, 2016, theAlamedaCountyBoard of Supervisorsapproved the JPA, which will, upon approval of at least threeinitial participating jurisdictions, establishthe Authority. The JPAdocument is included in Attachment1. At theNovember 1, 2016 City Councilmeeting, Supervisor Scott Haggerty alongwith AlamedaCountystaff and consultantspresented to CityCouncilfindingsfromafinal TechnicalFeasibility Study on theproposed CCAprogram. City Councilthendirected Staff to prepare an ordinance and resolution for adoption of theJPA for CityCouncil consideration. Operation of the Joint PowersAuthority The proposed Authoritywould be governed by a Board of Directors, comprisingone elected representative from eachcityand countyparticipating in theprogram. Final decisionsregardingthespecificlevelof renewable energy to be procured, prioritization of local renewable energy and job development, andothergovernanceissueswill be determined bythe Board of Directors, as specified in theJPA. Once the CCAProgram is implemented, theAuthoritywillenter into agreements with electricpowersuppliers andotherserviceprovidersand, baseduponthoseagreements, work to provide electricalpower to residents andbusinesses at competitive rates. TheAuthority will have the power to enterinto long term power purchaseagreements, acquire property, build energy-generating facilities, and issue revenue bonds. The Joint Powers Agreement provides that all AuthorityBoardvotesareinitially one -jurisdiction- one-vote, but following an affirmative vote anythreerepresentatives may requesta votingsharesvote” in whichcase a secondvote is taken weighted based on each member's energyusage. Both must passfor a particularmotion to pass. (JPA, § 4.12.2.) During the first two years, the votingsharesarebased on total energyusage within the jurisdiction, and theyareadjustedtoreflect CCA customerannualusage thereafter. 4.2.a Packet Pg. 21 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) Page 3 of 5 A proposed agreementtitled “EastBayCommunityEnergyAuthority - Joint Powers Agreement” was prepared bythe OfficeoftheCountyCounsel and has been extensivelyreviewed by cityattorneys in AlamedaCounty. Thedraft is based on similar JPAAgreements for CCA programs in the BayArea, and it createsalegalandfinancial separation oftheassets and liabilities of the JPA and its memberagencies. TheDraft JPA Agreement includes a complete set ofoperatingprinciples for the participatingmembers and the roles/responsibilitiesof each member. The following is a summaryofthe key provisions in the Agreement: a. Separate Legal Entity. TheJPA Agreementestablishes theEastBay CommunityEnergyAuthority as a separate legal entity; theCounty and the membercitiesassume no obligations (except in narrow circumstances provided forinthe JPA Agreement) for thedebts and liabilities of the Authority. b. Board of Directors. The Board ofDirectors of the Authority shall be made up of a representative fromeachmemberagency and an alternate directorfrom eachmemberagency, bothofwhom must be membersof the Board of Supervisors or respective city councils. c. Community Advisory Committee. The JPA shall establish a community advisory committee consisting of nine members to advise the JPA Board on mattersrelating to the operation ofthe Authority. The chairperson of the advisory committeeshall be a non-voting memberoftheBoard of Directors, and the vice-chairperson of the advisory committeeshall be a non-voting alternate on theBoardofDirectors. d. Withdrawal. The JPA agreementprovides a processformemberentitiesto withdraw and provides that, inthe event of a complete withdrawal of both municipaland all constituentaccounts, the memberagencieswillreimburse the JPA for any stranded costs incurred as a result of serving thewithdrawing agency andall of its community’s customers. Potential Liabilities for the City Akeyconcern for theCity could be whether its GeneralFundcouldbecome responsible for the Authority’s liabilities. The JPA eliminates this general concern by insulatingfrom liability each memberparty, unless such liability is expresslyassumed by aParty’s governing body (i.e., CityCouncil). The Parties may be asked to expresslyassumetheAuthority’s debts or liabilities. Such a requestmayoccur if the CCA issues debt for construction of generatingfacilities or for favorablepricing in a long-termpowerpurchaseagreement. TheAuthority may request that the Parties providesomeformof credit support, either in the form of a guarantee or otherwise. This is becausetheAuthority onlyhas customer revenues to pledge; it has no assets, nor (at the outset) anycredit. It may find that it canobtain betterinterest rates when borrowing ifit requestsParties to lend their credit, or it may 4.2.a Packet Pg. 22 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) Page 4 of 5 find that counter partiestopowerpurchaseagreements request creditenhancements fromthememberagencies. While theCitywould not beobligatedby the JPA toprovide such credit enhancement or guarantees or to accept any liability, theremay be a benefit to the Authority if electricratescouldbelowered by member guarantees. Withdrawal fromthe JPA In the event theCitydecides to withdraw fromtheJPA, it could face liabilities, despite the absence ofa writtenassumption of responsibility. Section 7.2 of the JPAprovides that a withdrawing Partyremains liable for those matters incurred prior to its withdrawal andthat the Authority “…may require the Party to deposit sufficientfunds with the Authority as reasonablydetermined bythe Authority, tocover the Party’s liability for the costsdescribedabove.” The withdrawing Partywillremain responsible for “paying its fairshareof costs incurred bythe Authority resultingfrom the Party’s withdrawal, including costsfrom the resaleofpower contracts bythe Authority to serve the Party’s load andany similar costs directly attributable to the Party’s withdrawal.” However, suchcostswould be “limited to thosecontractsexecutedwhile the withdrawing Party was a member, and administrative costsassociated thereto.” Furthermore, those costs would “notconstitute a debtof the withdrawing Party, accruing interest, or having a maturity date.” (JPA, § 7.2.) Benefits of JoiningNow Although the City could opt to join the CCAat a laterdate, therearesomefinancial benefitstoadoptingtheordinance bythe December 31, 2016deadlineandjoining as anInitialParticipant. Parties seeking to join after this deadline may berequiredtomake additionalmembershippayments. Furthermore, the CCA is overseeingandcoveringcosts for community outreach, marketing and customer notification. IftheCitywere to opt to join in at a laterdate, the City may be requestedtocoverthecosts for and overseeing its owncommunity outreachactivities. Timeline TheCounty and cities thatelect toparticipate inthe East Bay CommunityEnergy Authority must dosoby approvingtheexecution of the Joint Powers Agreement and adopting an ordinance electing to implement a CCA program. Citieselecting to join the CCA must dosoby adoptingtheordinancebyDecember31, 2016. TheCounty is expectedtoconduct its secondreadingandtake finalsteps to formalize the JPA following consideration by the cities, in eitherDecember2016 or January 2017. Ifthe Authority is formed, theplan is to provideelectricity to the first phaseof customers by fall 2017. NOTICINGREQUIREMENTS/PUBLIC OUTREACH: Nonerequired. 4.2.a Packet Pg. 23 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) Page 5 of 5 ATTACHMENTS: 1. EastBay Community EnergyJointPowers Authority Agreement 2. Resolution Approving anAgreement to Participate In aJoint Powers Agencyfor Community Choice Aggregation Program in AlamedaCounty 3. An Uncodified Ordinance Authorizing the Implementation of a CommunityChoice AggregationProgram 4.2.a Packet Pg. 24 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement East Bay Community Energy Authority Joint Powers Agreement – Effective _____________ Among The Following Parties: 4.2.a Packet Pg. 25 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 1- EAST BAY COMMUNITY ENERGY AUTHORITY JOINT POWERS AGREEMENT This Joint Powers Agreement (“Agreement”), effective as of _________, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section6500 et seq.) of the California Government Code relating to the joint exercise of powersamongthe parties set forth in Exhibit A (“Parties”). The term “Parties” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1. RECITALS 1. The Parties are either incorporated municipalities or countiessharing various powers under California law, including butnot limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants. 2. In 2006, the State Legislature adopted AB 32, the GlobalWarming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels. The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse gas emissions. 3. The purposes for the Initial Participants (as such term is defined in Section 1.1.16 below) entering into this Agreement include securing electrical energy supply for customers in participating jurisdictions, addressing climate change by reducing energy related greenhouse gas emissions, promoting electrical rate price stability, and fostering local economic benefits such as jobs creation, community energy programs and local power development. It is the intent of this Agreement to promote the development and use of a wide range of renewableenergy sources and energy efficiency programs, including but not limited to State, regional and local solar and wind energy production. 4. The Partiesdesire to establish a separate public agency, known as the East Bay Community Energy Authority (“Authority”), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs. 5. The Initial Participants have each adopted an ordinance electing to implement through the Authority a Community Choice Aggregation program pursuant to California Public Utilities Code Section366.2 (“CCA Program”). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. 6. By establishing the Authority, the Parties seek to: a) Provide electricity rates that are lower or competitive with those offered by PG&E for similar products; 4.2.a Packet Pg. 26 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 2- b) Offer differentiated energy options (e.g. 33% or 50% qualified renewable) for default service, and a 100% renewable content option in which customers may “opt-up” and voluntarily participate; c) Develop an electricsupply portfolio with a lower greenhouse gas (GHG) intensity thanPG&E, andone that supports the achievement of the parties’ greenhouse gas reduction goalsand thecomparable goals of all participatingjurisdictions; d) Establish an energy portfolio that prioritizes the use and development of local renewable resources and minimizes the use of unbundled renewable energycredits; e) Promote an energy portfolio that incorporates energy efficiency and demand response programs and has aggressivereduced consumption goals; f) Demonstrate quantifiable economicbenefits to the region (e.g. union and prevailing wage jobs, local workforce development, new energy programs, andincreased local energyinvestments); g) Recognizethe value of workers in existing jobsthat support the energy infrastructure of Alameda County and Northern California. The Authority, as a leader in the shift to a clean energy, commits to ensuring it will take steps to minimize any adverse impacts to these workers to ensurea “just transition” to the new clean energy economy; h) Deliver clean energy programs and projects using a stable, skilled workforce through such mechanisms as projectlabor agreements, or other workforce programs that are cost effective, designed to avoid work stoppages, and ensure quality; i) Promote personaland community ownership of renewable resources, spurring equitable economic development andincreased resilience, especially inlow income communities; j) Provide and manage lower cost energy supplies in a manner that provides cost savings to low-income households and promotes public health in areas impacted by energy production; and k) Create an administering agency that is financially sustainable, responsive to regional priorities, well managed, and a leader in fair and equitable treatment of employees through adoptingappropriate best practices employment policies, including, butnot limited to, promoting efficient consideration of petitions to unionize, and providing appropriate wages and benefits. 4.2.a Packet Pg. 27 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 3- AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1 CONTRACT DOCUMENTS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise. 1.1.1 “AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA. 1.1.2 “Act” means the Joint Exercise of Powers Act of the State of California Government Code Section6500 et seq.) 1.1.3 “Agreement” means this Joint Powers Agreement. 1.1.4 “Annual Energy Use” has the meaning given in Section 1.1.23. 1.1.5 “Authority” means the East BayCommunity Energy Authority established pursuant to this Joint Powers Agreement. 1.1.6 “Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including butnot limited to the Operating Rules and Regulations, the annualbudget, and plans and policies. 1.1.7 “Board” means the Board of Directors of the Authority. 1.1.8 “Community Choice Aggregation” or “CCA” means an electric service option available tocities and counties pursuant to Public Utilities Code Section 366.2. 1.1.9 “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.4 and 5.1. 1.1.10 “Days” shall mean calendar days unless otherwisespecified by this Agreement. 1.1.11 “Director” means a member of the Board of Directors representing a Party, including an alternate Director. 1.1.12 “Effective Date” means the date on which this Agreement shall become effective and the East BayCommunity Energy Authority shallexist as a separate public agency, as further described in Section 2.1. 4.2.a Packet Pg. 28 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 4- 1.1.13 “Ex Officio Board Member” means a non-voting member of the Board of Directors as described in Section 4.2.2. The Ex Officio Board Member maynot serve on the ExecutiveCommittee of the Board or participate in closed session meetings of the Board. 1.1.14 “Implementation Plan” means the plangenerally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program. 1.1.15 “Initial Costs” means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of a Chief Executive Officer and any administrative staff, anyrequired accounting, administrative, technical and legal services in support of the Authority’s initial formationactivities or in support of the negotiation, preparation and approval of power purchaseagreements. The Boardshall determine the termination date for Initial Costs. 1.1.16 “Initial Participants” means, for the purpose of this Agreement the County of Alameda, the Cities of Albany, Berkeley, Emeryville, Oakland, Piedmont, San Leandro, Hayward, Union City, Newark, Fremont, Dublin, Pleasanton and Livermore. 1.1.17 “Operating Rules and Regulations” means the rules, regulations, policies, bylaws andprocedures governing the operation of the Authority. 1.1.18 “Parties” means, collectively, the signatories to this Agreementthat have satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. 1.1.19 “Party” means, singularly, a signatory to this Agreementthat has satisfied the conditions in Sections 2.2 or 3.1 such that it is considered a member of the Authority. 1.1.20 “Percentage Vote” means a vote taken by the Board pursuant to Section 4.12.1 that is based on each Party having one equal vote. 1.1.21 “TotalAnnual Energy” has the meaning given in Section 1.1.23. 1.1.22 “Voting Shares Vote” meansa vote taken by the Board pursuant to Section 4.12.2 that is based on the voting shares of each Party described in Section 1.1.23 and set forth in Exhibit C to this Agreement. A Voting Shares vote cannottakeplace on a matter unless the matter first receives an affirmativeor tie Percentage Vote in the manner required by Section 4.12.1 andthree or more Directors immediately thereafter requestsuch vote. 4.2.a Packet Pg. 29 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 5- 1.1.23 “Voting Shares Formula” means the weight applied to a Voting Shares Vote and is determined by the following formula: Annual Energy Use/Total Annual Energy) multiplied by 100, where (a) Annual Energy Use” means (i) with respect to the first two years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWh”), within the Party’s respective jurisdiction and (ii) with respect to the period after the second anniversary of the Effective Date, theannual electricity usage, expressed in kWh, of accounts within a Party’s respective jurisdiction that are served by the Authority and (b) TotalAnnual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy useare designated in Exhibit B and the initial voting shares are designated in Exhibit C. Both Exhibits B and C shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year subject to the approval of the Board. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: List of the Parties Exhibit B: Annual Energy Use Exhibit C: Voting Shares 1.3 Revision of Exhibits. The Parties agree that Exhibits A, B and C to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such exhibit. ARTICLE 2 FORMATION OFEAST BAY COMMUNITY ENERGY AUTHORITY 2.1 Effective Date and Term. This Agreement shall become effective andEast Bay Community Energy Authority shallexist as a separate public agency on December 1, 2016, provided that this Agreement is executed on or prior to such date by at least three Initial Participants after the adoption of theordinances required by Public Utilities Code Section 366.2(c)(12). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.3, subject to the rights of theParties towithdraw from the Authority. 4.2.a Packet Pg. 30 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 6- 2.2 Initial Participants. Until December 31, 2016, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinancerequired by Public Utilities Code Section 366.2(c)(12) to the Authority. Additional conditions, described in Section 3.1, may apply (i) to either an incorporated municipalityor countydesiring to become a Party that is not an Initial Participant and (ii) to Initial Participants that have not executed and delivered this Agreement within the time period describedabove. 2.3 Formation. There is formed as of the Effective Date a public agencynamed the East BayCommunity Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not bedebts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shallnot be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority. Notwithstanding Section 8.4 of this Agreement, this Section 2.3 may not be amendedunless such amendment is approved by the governing boards of all Parties. 2.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party and anyother powers granted to the Authority under state law to participate as a group in the CCA Programpursuant to Public Utilities Code Section366.2(c)(12); to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs; and, to exercise all other powers necessary and incidentalto accomplishing this purpose. 2.5Powers. The Authority shall have all powers common to the Partiesandsuch additional powers accorded to it bylaw. The Authority is authorized, in itsown name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, butnot limited to, each of the following: 2.5.1to make and enter into contracts, including those relating to the purchase or sale of electrical energy or attributes thereof; 2.5.2to employ agents andemployees, including butnot limited to a Chief Executive Officer and GeneralCounsel; 2.5.3to acquire, contract, manage, maintain, andoperate any buildings, works or improvements, including electric generating facilities; 2.5.4to acquire property by eminent domain, or otherwise, except as limited under Section6508 of the Act, and to hold or dispose of any property; 2.5.5to lease any property; 2.5.6to sue and besued in its own name; 4.2.a Packet Pg. 31 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 7- 2.5.7to incur debts, liabilities, and obligations, including butnot limited to loans from private lending sources pursuant toits temporary borrowing powers such as Government Code Section53850 et seq. and authority underthe Act; 2.5.8to form subsidiary or independent corporations or entities, if appropriate, to carry out energy supply and energyconservation programs at the lowest possible cost consistent with the Authority’s CCA Program implementationplan, risk management policies, or to take advantage of legislative or regulatory changes; 2.5.9to issue revenuebondsand other forms of indebtedness; 2.5.10 to apply for, accept, and receive all licenses, permits, grants, loans or other assistance from any federal, state or local public agency; 2.5.11 tosubmit documentation and notices, register, and comply with orders, tariffs and agreements for theestablishment and implementation of the CCA Program and other energy programs; 2.5.12 to adopt rules, regulations, policies, bylaws andprocedures governing the operation of the Authority (“Operating Rules and Regulations”); 2.5.13 to make and enter into service, energy and any other agreements necessary to plan, implement, operate and administer the CCA Program and other energyprograms, including the acquisition of electric power supply and the provision of retail and regulatory support services; and 2.5.14 to negotiate projectlabor agreements, community benefits agreements and collective bargaining agreements with the local building trades council and other interestedparties. 2.6 Limitation on Powers. As required by Government Code Section6509, the power of the Authority is subject to the restrictions upon the manner of exercisingpower possessed by the City of Emeryville and anyother restrictions onexercising the powers of the Authority that may be adopted by the Board. 2.7 Compliance with LocalZoning and Building Laws. Notwithstanding anyother provisions of this Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the GeneralPlan, zoning and building laws of the local jurisdiction within which the facilities, buildingsor structures are constructed and comply with the California Environmental Quality Act (“CEQA”). 4.2.a Packet Pg. 32 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 8- 2.8 Compliance with the Brown Act. The Authority and its officers and employees shall comply with the provisions of the Ralph M. Brown Act, Government Code Section 54950 et seq. 2.9 Compliance with the Political Reform Act and Government CodeSection 1090. The Authority and its officers and employees shall comply with the Political Reform Act Government Code Section81000 et seq.) and Government Code Section1090 et seq, and shall adopt a Conflict of InterestCode pursuant to Government Code Section87300. The Board of Directorsmay adopt additional conflict of interest regulations in the Operating Rules and Regulations. ARTICLE 3 AUTHORITY PARTICIPATION 3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights ofInitial Participants, otherincorporated municipalities and counties may become Parties upon (a) the adoption of a resolution by the governing body of such incorporated municipality or county requesting that the incorporated municipalityor county, as the case may be, become a member of the Authority, (b) the adoption by an affirmative vote of a majority ofall Directors of the entire Board satisfying the requirements described in Section 4.12, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipalityor county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(12) and execution of this Agreement and other necessary program agreements by the incorporated municipality or county, (d) payment of the membershipfee, if any, and (e) satisfaction of any conditions established by the Board. 3.2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/or withdrawal or termination of Parties. The Parties agree to participate with such other Parties as may later be added, as described in Section 3.1. The Parties also agree that the withdrawal or termination of a Party shall notaffect this Agreement or the remaining Parties’ continuing obligations under this Agreement. ARTICLE 4 GOVERNANCE AND INTERNAL ORGANIZATION 4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with Section 4.2. 4.2 Appointment of Directors. The Directors shall be appointed as follows: 4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Directorwho mayvote on matters when the regular Director is absent 4.2.a Packet Pg. 33 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 9- from a Board meeting. The person appointed anddesignated as the regular Director shall be a member of the governing body of the Party. The person appointed anddesignated as thealternate Director shall also be a member of the governing body of the Party. 4.2.2 The Boardshall also include one non-voting ex officio member as defined in Section 1.1.13 (“Ex Officio BoardMember”). The Chair of the Community Advisory Committee, as described in Section 4.9 below, shall serve as the Ex Officio Board Member. The Vice Chair of the Community Advisory Committee shall serve as an alternate Ex Officio Board Member when the regular Ex Officio Board Member is absent from a Board meeting. 4.2.3 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2.5.12 may include rules regarding Directors, such as meeting attendance requirements. No Party shall be deprived of its right to seat a Director on the Board. 4.3 Terms of Office. Each regular and alternate Director shall serve at the pleasure of the governing body of the Partythat the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancyoccurs on the Board, a replacement shall be appointed to fill the position of the previous Director in accordance with the provisions of Section 4.2 within 90 days of the date that such position becomes vacant. 4.4 Quorum. A majority of the Directors of the entireBoardshall constitute a quorum, except that less than a quorum may adjourn a meeting from time to time in accordance with law. 4.5Powers and Function of the Board. The Boardshall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law. Board approval shall be required for any of the following actions, which are defined as “Essential Functions”: 4.5.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 4.5.2 The hiring of a Chief Executive Officer and GeneralCounsel. 4.5.3 The appointment or removal of an officer. 4.5.4 The adoption of the Annual Budget. 4.5.5 The adoption of an ordinance. 4.5.6 The initiation of resolution of claims and litigation where the Authority will be thedefendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that the Chief Executive Officer or GeneralCounsel, on behalf of the Authority, may 4.2.a Packet Pg. 34 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 10- intervene in, become party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal EnergyRegulatoryCommission, or any other administrative agency, without approval of the Board. The Boardshall adopt Operating Rules and Regulations governing the Chief Executive Officer and General Counsel’s exercise of authority under this Section 4.5.6. 4.5.7 Thesetting of rates for power sold by the Authority and the setting of charges for anyother category of service provided by the Authority. 4.5.8 Termination of the CCA Program. 4.6 Executive Committee. The Boardshall establish an ExecutiveCommittee consisting of a smaller number of Directors. The Board may delegate to the Executive Committee such authority as the Board might otherwise exercise, subject to limitations placed on the Board’s authorityto delegate certain Essential Functions, as described in Section 4.5 and the Operating Rules and Regulations. The Board maynot delegate to the Executive Committee or any other committee its authority under Section 2.5.12 to adopt andamend the Operating Rules and Regulations or its Essential Functions listed in Section 4.5. After the ExecutiveCommittee meets or otherwise takes action, it shall, as soon as practicable, make a report of its activities at a meeting of the Board. 4.7 Director Compensation. Directors shall receive a stipend of $100 per meeting, as adjusted to account for inflation, as provided forin the Authority’s Operating Rules and Regulations. 4.8 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energyprograms and the provisions of this Agreement. The Boardmay establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 4.9 Community Advisory Committee. The Boardshall establish a Community Advisory Committeeconsisting of nine members, none of whom may be voting members of the Board. The function of the Community Advisory Committeeshall be to advise the Board of Directors on all subjects related to the operation of the CCA Program as set forth in a work plan adopted by the Board of Directors from time to time, with the exception of personnel and litigation decisions. The Community Advisory Committee is advisory only, and shallnot have decision-making authority, or receive any delegation of authority from the Board of Directors. The Boardshall publicize the opportunity to serve on the Community Advisory Committee, and shall appoint members of the Community Advisory Committee from those individuals expressing interest in serving, and who represent a diverse cross-section of interests, skill sets and geographic regions. Members of the Community Advisory Committee shall serve staggered four-year terms (the first term of three of the members shall be two years, and four years 4.2.a Packet Pg. 35 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 11- thereafter), which may be renewed. A member of the Community Advisory Committee may be removed by the Board of Directors bymajority vote. The Board of Directors shall determine whether the Community Advisory Committee members will receive a stipend and/or be entitled to reimbursement for expenses. 4.10 Chief Executive Officer. The Board of Directorsshall appoint a Chief Executive Officer for the Authority, who shall be responsible for the day-to-dayoperation andmanagement of the Authority and the CCA Program. The Chief Executive Officer may exercise all powers of the Authority, including the power to hire, discipline and terminate employees as well as the power to approve any agreement, if the expenditure is authorized in the Authority’s approved budget, except the powers specifically set forth in Section 4.5 or those powers which by law must be exercised by the Board of Directors. TheBoard of Directors shall provide procedures and guidelines for the Chief Executive Officer exercising the powers of the Authority in the Operating Rules and Regulations. 4.11 General Counsel. The Board of Directors shall appoint a GeneralCounsel for the Authority, who shall be responsible for providing legal advice to the Board of Directors and overseeing all legal work for the Authority. 4.12 Board Voting. 4.12.1 Percentage Vote. Except when a supermajorityvote is expressly required by this Agreement or the Operating Rules and Regulations, action of the Boardon all matters shall require an affirmative vote of a majority of all Directors on the entire Board (a “Percentage Vote” as defined in Section 1.1.20). A supermajorityvote is required by this Agreement for the matters addressed by Section 8.4. When a supermajorityvote is required by this Agreement or the Operating Rules and Regulations, action of the Board shall require an affirmative Percentage Vote of the specified supermajority of all Directors on the entireBoard. No action can be taken by the Board without an affirmative Percentage Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved by an affirmative “Voting Shares Vote,” as defined in Section 1.1.22, if three or more Directors immediately requestsuch vote. 4.12.2 Voting Shares Vote. In addition to and immediately after an affirmative percentage vote, three or more Directorsmay request that, a vote of the voting shares shall be held (a “Voting Shares Vote” as defined in Section 1.1.22). To approve an action by a Voting Shares Vote, the corresponding voting shares (as defined in Section 1.1.23 and Exhibit C) of all Directors voting in the affirmative shall exceed 50% of the voting share of all Directors on the entire Board, or such other higher voting shares percentage expressly required by this Agreement or the Operating Rules 4.2.a Packet Pg. 36 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 12- and Regulations. In the event thatany one Director has a voting share that equals or exceeds that which is necessary to disapprovethe matter being votedon by the Board, at leastone other Director shall be required to vote in thenegative in order to disapprove such matter. When a voting shares vote is held, action by the Board requires both an affirmative Percentage Vote and an affirmative Voting Shares Vote. Notwithstanding the foregoing, in the event of a tie in the Percentage Vote, an action may be approved on an affirmative Voting Shares Vote. When a supermajority vote is required by this Agreement or the Operating Rules and Regulations, the supermajority vote is subject to the Voting Share Vote provisions of this Section 4.12.2, and the specified supermajority of all Voting Shares is required for approval of the action, if the provision of this Section 4.12.2 are triggered. 4.13 Meetings and Special Meetings of the Board. The Boardshall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetingsat more frequent intervals. The date, hour and place of each regularmeeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special and Emergency meetings of the Board may be called in accordance with the provisions of California Government Code Section54956 and 54956.5. Directorsmay participate in meetings telephonically, with full voting rights, only to the extent permitted bylaw. 4.14 Officers. 4.14.1 Chair andVice Chair. At the first meeting held by the Board in each calendaryear, the Directors shall elect, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The Chair and Vice Chair shall hold office for one year andserve no more than two consecutive terms, however, the total number of terms a Director may serve as Chair or Vice Chairis not limited. The office of either the Chairor Vice Chair shall be declaredvacant and the Boardshall make a new selection if: (a) the person serving dies, resigns, or ceases to be a member of the governing body of the Party that the person represents; (b) the Partythat the person represents removesthe person as its representative on the Board, or (c) the Party that he or she represents withdraws from the Authority pursuant to the provisions of this Agreement. 4.14.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority. 4.14.3 Treasurer and Auditor. The Boardshallappoint a qualified person to act as theTreasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. The same person maynot simultaneously hold both the office of Treasurer and the office of the Auditor of the Authority. Unless otherwise exempted from such 4.2.a Packet Pg. 37 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 13- requirement, the Authority shall causean independent audit to be made annually by a certified public accountant, or public accountant, in compliance with Section6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section6505.5 of the Act. TheBoard may require the Treasurer and/or Auditor to file with the Authority an official bond in an amount to be fixedby the Board, and if sorequested, the Authority shall pay the cost of premiums associated with the bond. The Treasurer shallreport directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transferthe responsibilities of Treasurer to any person orentity as the law may provide at the time. 4.15 Administrative Services Provider. The Boardmayappoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any otherprogram approved by the Board, in accordance with the provisions of an Administrative Services Agreement. The appointed administrative services provider may be one of the Parties. The Administrative Services Agreement shall set forth theterms and conditions by which the appointed administrative services provider shall performor cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approvedprograms. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program. 4.16 Operational Audit. The Authority shall commission an independent agent to conduct and deliver at a public meeting of the Board an evaluation of the performance of the CCA Program relative to goals for renewable energy and carbon reductions. The Authority shall approve a budget for such evaluation and shall hire a firm or individual that has noother direct or indirect business relationship with the Authority. Theevaluation shall be conducted at least once every two years. ARTICLE 5 IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS 5.1 Implementation of the CCA Program. 5.1.1 Enabling Ordinance. Priorto the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(12) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority. 4.2.a Packet Pg. 38 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 14- 5.1.2 Implementation Plan. The Authority shall cause to beprepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and anyapplicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.12. 5.1.3 Termination ofCCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law. 5.2 Other Authority Documents. The Parties acknowledge and agree that the operations of the Authority will be implemented through various documents duly adopted by the Board throughBoard resolution or minute action, including but not necessarily limited to the Operating Rules and Regulations, the annualbudget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties’ right towithdraw from the Authority as described in Article 7. 5.3 Integrated Resource Plan. The Authority shall cause to be prepared an Integrated Resource Plan in accordance with CPUC regulationsthat will ensure the long-term development and administration of a variety of energy programs thatpromote local renewable resources, conservation, demand response, and energy efficiency, while maintaining compliance with the State Renewable Portfolio standard and customer rate competitiveness. The Authority shall prioritize thedevelopment of energy projects in Alameda and adjacent counties. Principal aspects of its plannedoperations shall be in a Business Plan as outlined in Section 5.4 of this Agreement. 5.4 Business Plan. The Authority shall cause to be prepared a Business Plan, which will include a roadmap for thedevelopment, procurement, and integration of local renewable energy resources as outlined in Section 5.3 of this Agreement. The Business Plan shall include a description of how the CCA Program will contribute to fostering local economic benefits, such as job creation and community energy programs. The Business Plan shall identify opportunities for local power development and how the CCA Program can achieve thegoals outlined in Recitals 3 and 6 of this Agreement. The Business Plan shall include specific language detailing employment and labor standards that relate to the execution of the CCA Program as referenced in this Agreement. The Business Plan shall identify clear andtransparent marketing practices to be followed by the CCA Program, including the identification of the sources of itselectricity and explanation of the various types of electricity procured by the Authority. The Business Plan shall cover the first five (5) years of the operation of the CCA Program. The Business Plan shall be completed by the Authority no later than eight (8) months after the seating of the Authority Board of Directors. Progress on the implementation of the Business Plan shall be subject to annual public review. 4.2.a Packet Pg. 39 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 15- 5.5 Labor Organization Neutrality. The Authority shall remainneutral in the event its employees, and the employees of its subcontractors, if any, wish to unionize. 5.6Renewable Portfolio Standards. The Authority shall provide its customers renewable energy primarily from Category 1 eligible renewable resources, as defined underthe California RPSand consistent with thegoals of the CCA Program. The Authority shallnot procure energy from Category 3 eligible renewable resources (unbundled Renewable Energy Credits or RECs) exceeding 50% of the State law requirements, to achieve its renewable portfolio goals. However, for Category 3 RECs associated with generation facilities located within its service jurisdiction, the limitation set forth in the preceding sentence shall not apply. ARTICLE 6 FINANCIAL PROVISIONS 6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution. 6.2 Depository. 6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and notcommingled with funds of any Party or anyother person orentity. 6.2.2 All funds of the Authority shall be strictly and separatelyaccounted for, and regular reports shall berendered of all receipts and disbursements, at least quarterly during the fiscal year. The books andrecords of the Authority shall be open to inspection by the Partiesat all reasonable times. 6.2.3 All expenditures shall be made in accordance with theapproved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 6.3 Budget and Recovery Costs. 6.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall bepreparedand approved by the Board in accordance with the Operating Rules and Regulations. 6.3.2 Funding of Initial Costs. The County shall fund the Initial Costs of establishing and implementing the CCA Program. In theevent that the 4.2.a Packet Pg. 40 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 16- CCA Program becomes operational, these Initial Costs paid by the County and any specified interest shall be included in thecustomer charges for electric services to theextent permitted bylaw, and the County shall be reimbursed from the payment of such charges by customers of the Authority. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County shallnot be entitled to any reimbursement of the Initial Costs. 6.3.4 Additional Contributions and Advances. Pursuant to Government Code Section 6504, the Parties may in their sole discretion make financial contributions, loans or advances to the Authority for the purposes of the Authority set forth in this Agreement. The repayment of such contributions, loans or advances will be on the written terms agreed to by the Party making the contribution, loan or advanceand the Authority. ARTICLE 7 WITHDRAWAL AND TERMINATION 7.1 Withdrawal. 7.1.1 General Right to Withdraw. A Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than 180 days advance written notice of its election to do so, which noticeshall be given to the Authority and each Party. Withdrawal of a Party shall require an affirmative vote of the Party’s governing board. 7.1.2 Withdrawal Following Amendment. Notwithstanding Section 7.1.1, a Party may withdrawits membership in the Authority following an amendment to this Agreement provided that the requirements of this Section 7.1.2 are strictly followed. A Party shall bedeemed to have withdrawn its membership in the Authority effective 180 days after the Board approves an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately precedingthe Board’s vote of the Party’s intention to withdrawits membership in the Authority should the amendment be approved by the Board. 7.1.3 The Right to Withdraw Prior toProgramLaunch. After receiving bids from power suppliers for the CCA Program, the Authority must provide to the Parties a report from the electrical utility consultant retained by the Authority comparing the Authority’s total estimated electrical rates, the estimated greenhouse gas emissions rate and the amount of estimated renewable energy to beused with that of the incumbent utility. Within 30 days after receiving this report, through its City Manager or a person expressly authorized by the Party, anyParty may immediately withdraw 4.2.a Packet Pg. 41 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 17- its membership in the Authorityby providing written notice of withdrawal to the Authority if the report determines that any one of the following conditions exists: (1) the Authority is unable to provide total electrical rates, as part of its baseline offering to customers, that are equal to or lower than the incumbent utility, (2) the Authority is unable to provide electricity in a manner that has a lower greenhouse gas emissions rate than the incumbent utility, or (3) the Authority will use less qualified renewable energy than the incumbent utility. Any Party who withdraws from the Authority pursuant to this Section 7.1.3shallnot be entitled to any refund of the Initial Costs it has paid to the Authorityprior to the date of withdrawal unless the Authority is later terminated pursuant to Section 7.3. In such event, any Initial Costs not expended by the Authority shall be returned to all Parties, including anyPartythat has withdrawn pursuant to this section, in proportion to the contribution that each made. Notwithstanding anything to the contrary in this Agreement, anyParty who withdraws pursuant to this section shall not be responsible for any liabilities or obligations of the Authority after the date of withdrawal, including without limitation any liability arising from power purchase agreements entered into by the Authority. 7.2 Continuing Liability After Withdrawal; Further Assurances; Refund. A Party that withdraws its membership in the Authority under eitherSection 7.1.1 or 7.1.2 shall be responsible for paying its fair share of costs incurred by the Authority resulting from the Party’s withdrawal, including costs from the resale of power contracts by the Authority to serve the Party’s load and any similar costs directly attributable to the Party’s withdrawal, suchcosts being limited to those contracts executed while the withdrawing Party was a member, and administrative costs associated thereto. The Parties agree that such costs shall not constitute a debt of the withdrawing Party, accruing interest, or having a maturity date. The Authority may withhold fundsotherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party’s costs described above. Any amount of the Party’s fundsheld by the Authority for the benefit of the Party that are not required to pay the Party’s costs described above shall be returned to the Party. The withdrawing party and the Authority shall executeand deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuatethe orderlywithdrawal of such Party from membership in the Authority. A withdrawing party has the right to continue to participate in Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party until the withdrawal’s effective date. 7.3 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7.1. 7.4 Disposition of Property upon Termination of Authority. Upontermination of this Agreement as to all Parties, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of allliabilities, costs, expenses, and charges incurred 4.2.a Packet Pg. 42 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 18- under this Agreement and under any Authority Documents, shall be returned to the then-existing Parties in proportion to the contributions made by each. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 DisputeResolution. The Partiesand the Authority shall make reasonable efforts to settle all disputes arisingout of or in connection with this Agreement. Before exercisingany remedy provided by law, a Party or the Partiesand the Authority shall engage in nonbinding mediation in the manner agreed upon by the Party or Partiesand the Authority. The Parties agree that each Party may specifically enforce this section 8.1. In theevent that nonbinding mediation is not initiated or does not result in thesettlement of a dispute within 120 days after the demand for mediation is made, any Party and the Authority may pursue any remedies provided by law. 8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary careand reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in themanner provided by Government Code Section995 et seq. Nothing in this section shall be construed to limit the defenses available underthe law, to the Parties, the Authority, or its Directors, officers, or employees. 8.3 Indemnification of Parties. The Authority shall acquire such insurancecoverage as the Board deems necessary to protect theinterests of the Authority, the Parties and the public. Suchinsurance coverage shall name the Parties and their respective Board or Council members, officers, agents and employees as additional insureds. The Authority shall defend, indemnify and hold harmless the Partiesand each of their respective Board or Council members, officers, agents andemployees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement. 8.4 Amendment of this Agreement. This Agreement may be amended in writing by a two-thirds affirmative vote of the entire Board satisfying the requirements described in Section 4.12. Exceptthat, any amendment to the voting provisions in Section 4.12 may only bemade by a three-quarters affirmative vote of the entireBoard. The Authority shall provide written notice to the Parties at least 30 days in advance of any proposedamendment being considered by the Board. If the proposed amendment is adopted by the Board, the Authority shall provide prompt written notice to all Parties of the effective date of such amendment along with a copy of the amendment. 8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not beassigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5shall be null and void. This Agreement shall inure to the benefit 4.2.a Packet Pg. 43 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 19- of, and be binding upon, the successors and assigns of the Parties. This Section 8.5 does not prohibit a Party from entering into an independent agreement with anotheragency, person, or entity regarding the financing of thatParty’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement. 8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shallnot be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 8.7 Further Assurances. Each Party agrees to execute and deliver all further instruments anddocuments, and take any further action that may be reasonably necessary, to effectuatethe purposes and intent of this Agreement. 8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Partieshad signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement withoutimpairing the legal effect of any signaturesthereon, and may be attached to another counterpart of this Agreement identical in form hereto buthaving attached to it one or more signature pages. 8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 72 hours after the depositthereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. In addition, a duplicate copy of all notices provided pursuant to this section shall be provided to the Director and alternate Director for each Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties. All notices required hereunder shall be delivered to: The County of Alameda Director, Community Development Agency 224West WintonAve. Hayward, CA 94612 4.2.a Packet Pg. 44 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 20- With a copy to: Office of the County Counsel 1221 Oak Street, Suite450 Oakland, CA 94612 if to [PARTY No. ____] Office of the City Clerk Office of the City Manager/Administrator Office of the City Attorney if to [PARTY No._____ ] Office of the City Clerk Office of the City Manager/Administrator Office of the City Attorney 4.2.a Packet Pg. 45 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) October 4, 2016 County Approval Agreement 21- ARTICLE 9 SIGNATURE IN WITNESSWHEREOF, the Parties hereto haveexecuted this Joint Powers Agreement establishing the East BayCommunity Energy Authority. By: Name: Title: Date: Party: 4.2.a Packet Pg. 46 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) 9/26/2016 Draft Exhibit A Page 1 EXHIBITA LIST OF THE PARTIES This draft exhibit is based on theassumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to this Agreement at that time.)- 4.2.a Packet Pg. 47 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) 9/26/2016 Draft Exhibit B Page 1 DRAFT EXHIBIT B ANNUAL ENERGY USE This draft exhibit is based on theassumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to this Agreement at that time.) This Exhibit B is effective as of ________________. Party kWh ([YEAR]*) Data provided by PG&E 4.2.a Packet Pg. 48 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) DRAFT EXHIBIT C VOTING SHARES This draft exhibit is based onthe assumption that all of the Initial Participants will become Parties. On the Effective Date, this exhibit will be revised toreflect the Parties to this Agreement at that time.) This Exhibit Ciseffective as of ___________________. Party kWh ([YEAR]*) Voting Share Section 4.11.2 Total Data provided by PG&E 4.2.a Packet Pg. 49 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) RESOLUTIONNO. ____ - 16 A RESOLUTION OF THECITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENTTO PARTICIPATEIN A JOINT POWERS AGENCY FOR COMMUNITY CHOICE AGGREGATIONPROGRAMIN ALAMEDA COUNTY WHEREAS, the City of Dublin hasdemonstrated its commitment toan environmentally sustainable future through its policy goalsandactions, includingenergy reduction, cleanenergy programs, andthe expansion oflocal renewable powersupply; and WHEREAS, theCity has adopted a ClimateAction Plan to reducegreenhousegas emissions; and WHEREAS, CommunityChoice Aggregation (CCA) is a mechanism by which local governmentsassumeresponsibility for providing electricalpower for residential and commercial customers in theirjurisdiction in partnership with local commercialenergy purveyors and ownersof transmissionfacilities, which in thecase of theCityof Dublin is Pacific Gas & Electric Co.; and WHEREAS, CCA has the potential to reduce greenhousegasemissionsrelatedto the use of powerin theCity of Dublin; provideelectricpowerand other formsofenergyto customers at a competitive cost; carry out programs to reduceenergy consumption; stimulateandsustain the localeconomy by developinglocal jobs in renewable energy; and promote long-termelectricrate stability andenergysecurity and reliability for residents through localcontrolofelectricgenerationresources; and WHEREAS, Staff has examinedand identifiedCommunity Choice Aggregation as a keystrategy to meet local clean energy goals and projectedgreenh ousegas reduction targets; and WHEREAS, theBoardof Supervisors of AlamedaCountydirectedtheAlameda CountyCommunityDevelopment Agency (CDA) to determine if a Community Choice Aggregation (CCA) program is feasible for cities in AlamedaCounty; and WHEREAS, CDA staff prepared a “TechnicalStudy for Community Choice Aggregation Program in AlamedaCounty” (TechnicalStudy, July2016); and WHEREAS, takencomprehensively, the Technical Study suggests that an Alameda CountyCCAwould be feasible, could operate economically, could provideratepayers reductions on their electric bills, and could both increaserenewableenergy and reduc e greenhousegasemissions if therightbalance is achieved by a joint powersagreement; and 4.2.a Packet Pg. 50 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) Page 2 of 2 WHEREAS, ifa municipality isto form a CCAwith other municipalities, it must become a partof a JointPowersAgency (JPA) as required by thelegislation that permits CCAs; and WHEREAS, a draft JPA Agreementhas been prepared bythe Office of the County Counsel andhas been reviewed by CityAttorneys of AlamedaCountycitiesandthe membership of the SteeringCommittee over the courseof several months. NOW, THEREFORE, BE IT RESOLVED, that theCityCouncil of the City of Dublin does herebyapprove the agreement titled “EastBayCommunityEnergyAuthority - Joint Powers Agreement” in order to participatewith other prospectivesignatories in a Community ChoiceAggregation JPA for AlamedaCountymunicipalities, and authorizes the City Manager or his designee to execute the agreement. PASSED, APPROVED AND ADOPTED this 15th day of November 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4.2.a Packet Pg. 51 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) ORDINANCE NO. XX-2016 AN UNCODIFIED ORDINANCEOF THE CITY OF DUBLIN AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and declares: A. The County of Alameda (“County”) has been actively investigating options to provide electricity supply services to constituents within the County with the intent of achieving greater localinvolvement over the provision of electricity supply services, competitive electric rates, the development of local renewableenergy projects, reduced greenhouse gas emissions, and the wider implementation of energyconservation and efficiency projects and programs. B. Assembly Bill 117, codified as Public Utilities Code Section 366.2 (the “Act”), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a communitywide electricity aggregation program known as Community Choice Aggregation (“CCA”). C. The Act allows a CCA program to be carried out under a joint powers agreement entered into by entitiesthat each have capacity to implement a CCA program individually. The joint power agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants. To this end, since 2014, the County has been evaluating a potential CCA program for the County and the cities within Alameda County. D. The County Board of Supervisors voted unanimously in June of 2014 to allocate funding to explore the creation of a CCA Program and directed County staff to undertakethe steps necessary to evaluate its feasibility. To assist in the evaluation of the CCA program within Alameda County, the County established a Steering Committee in 2015, that has met monthly, advising the Board of Supervisors on the possibility of creating a CCA Program. E. The Technical Feasibility Study completed in June of 2016 shows that implementing a Community Choice Aggregation program would likely provide multiple benefits to the citizens of Alameda County, including the following: 1. Providing customers a choice of powerproviders; 2. Increasing local control over energy rates and other energy-related matters; 3. Providing electric rates that are competitive with those provided by the incumbent utility; 4. Reducing greenhouse gas emissions arising from electricity use; 5. Increasing local and regional renewablegeneration capacity; 4.2.a Packet Pg. 52 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) 6. Increasingenergyconservation and efficiency projects and programs; 7. Increasing regional energy self-sufficiency; and 8. Encouraging local economic and employment benefits through energy conservation and efficiency projects. F. Representatives from the County and Alameda County cities have developedthe East BayCommunity Energy Authority Joint Powers Agreement (“Joint Powers Agreement”). The Joint Powers Agreement creates the East BayCommunity Energy Authority Authority”), which will govern and operate the CCA program. The County and the Alameda County cities that elect to participate in the CCA Program shall do so by approving the execution of the Joint Powers Agreement and adopting an ordinance electing to implement a CCA Program, as required by Public Utilities Code Section 366.2(c)(12). G. The Authority will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, the Authority plans to provide electrical power to residents and businesses at rates that are competitive with those of the incumbent utility. Upon the California Public Utilities Commission approving the implementationplan prepared by the Authority, the Authority can provide service to customers within it member jurisdictions. Under Public Utilities CodeSection 366.2, customershave the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers whowish to continue to receive service from the incumbent utility will be able to do so at any time. SECTION 2. Based uponthe findings set forth in Section 1, the City elects to implement a Community Choice Aggregation program within Alameda County by and through the City’s participation in the East BayCommunity Energy Authority. SECTION 3. CEQA The City Councilfinds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from therequirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. The City Council thereforedirects that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shallnotaffect the validityof the remainingportions of this ordinance. The City Council of the City of Dublin hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact thatany one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE 4.2.a Packet Pg. 53 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) This Ordinance shall take effect and will be enforced thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause this Ordinance to beposted in at least three (3) public places in the City of Dublin in accordance with Section36933 of the Government Code of the State of California. The foregoing ordinance was introduced before the City Council of the City of Dublin at the regularmeeting of the City Council, held on the ____ day of ___, ____, and finally adoptedat a regularmeeting of the City Council held on the ___ day of ___, ____, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk APPROVED AS TOFORM: City Attorney 4.2.a Packet Pg. 54 At t a c h m e n t : 1 . N o v e m b e r 1 5 , 2 0 1 6 C i t y C o u n c i l S t a f f R e p o r t ( 1 2 3 1 : C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m i n D u b l i n ) ORDINANCE NO. XX-2016 AN UNCODIFIED ORDINANCE OF THE CITY OF DUBLIN AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and declares: A. The County of Alameda (“County”) has been actively investigating options to provide electricity supply services to constituents within the County with the intent of achieving greater local involvement over the provision of electricity supply services, competitive electric rates, the development of local renewable energy projects, reduced greenhouse gas emissions, and the wider implementation of energy conservation and efficiency projects and programs. B. Assembly Bill 117, codified as Public Utilities Code Section 366.2 (the “Act”), authorizes any California city or county whose governing body so elects, to combine the electricity load of its residents and businesses in a community wide electricity aggregation program known as Community Choice Aggregation (“CCA”). C. The Act allows a CCA program to be carried out under a joint powers agreement entered into by entities that each have capacity to implement a CCA program individually. The joint power agreement structure reduces the risks of implementing a CCA program by immunizing the financial assets of participants. To this end, since 2014, the County has been evaluating a potential CCA program for the County and the cities within Alameda County. D. The County Board of Supervisors voted unanimously in June of 2014 to allocate funding to explore the creation of a CCA Program and directed County staff to undertake the steps necessary to evaluate its feasibility. To assist in the evaluation of the CCA program within Alameda County, the County established a Steering Committee in 2015, that has met monthly, advising the Board of Supervisors on the possibility of creating a CCA Program. E. The Technical Feasibility Study completed in June of 2016 shows that implementing a Community Choice Aggregation program would likely provide multiple benefits to the citizens of Alameda County, including the following: 1. Providing customers a choice of power providers; 2. Increasing local control over energy rates and other energy-related matters; 3. Providing electric rates that are competitive with those provided by the incumbent utility; 4. Reducing greenhouse gas emissions arising from electricity use; 5. Increasing local and regional renewable generation capacity; 4.2.b Packet Pg. 55 At t a c h m e n t : 2 . U n c o d i f i e d O r d i n a n c e A u t h o r i z i n g t h e I m p l e m e n t a t i o n o f a C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m ( 1 2 3 1 : C o m m u n i t y C h o i c e 6. Increasing energy conservation and efficiency projects and programs; 7. Increasing regional energy self-sufficiency; and 8. Encouraging local economic and employment benefits through energy conservation and efficiency projects. F. Representatives from the County and Alameda County cities have developed the East Bay Community Energy Authority Joint Powers Agreement (“Joint Powers Agreement”). The Joint Powers Agreement creates the East Bay Community Energy Authority (“Authority”), which will govern and operate the CCA program. The County and the Alameda County cities that elect to participate in the CCA Program shall do so by approving the execution of the Joint Powers Agreement and adopting an ordinance electing to implement a CCA Program, as required by Public Utilities Code Section 366.2(c)(12). G. The Authority will enter into agreements with electric power suppliers and other service providers and, based upon those agreements, the Authority plans to provide electrical power to residents and businesses at rates that are competitive with those of the incumbent utility. Upon the California Public Utilities Commission approving the implementation plan prepared by the Authority, the Authority can provide service to customers within it member jurisdictions. Under Public Utilities Code Section 366.2, customers have the right to opt-out of a CCA program and continue to receive service from the incumbent utility. Customers who wish to continue to receive service from the incumbent utility will be able to do so at any time. SECTION 2. Based upon the findings set forth in Section 1, the City elects to implement a Community Choice Aggregation program within Alameda County by and through the City’s participation in the East Bay Community Energy Authority. SECTION 3. CEQA The City Council finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. The City Council therefore directs that a Notice of Exemption be filed with the Alameda County Clerk in accordance with the CEQA guidelines. SECTION 4. SEVERABILITY If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Dublin hereby declares that it would have passed this ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 5. EFFECTIVE DATE AND POSTING OF ORDINANCE 4.2.b Packet Pg. 56 At t a c h m e n t : 2 . U n c o d i f i e d O r d i n a n c e A u t h o r i z i n g t h e I m p l e m e n t a t i o n o f a C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m ( 1 2 3 1 : C o m m u n i t y C h o i c e This Ordinance shall take effect and will be enforced thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. * * * The foregoing ordinance was introduced before the City Council of the City of Dublin at the regular meeting of the City Council, held on the ____ day of ___, ____, and finally adopted at a regular meeting of the City Council held on the ___ day of ___, ____, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ Mayor ATTEST: __________________________________ City Clerk APPROVED AS TO FORM: _________________________________ City Attorney 4.2.b Packet Pg. 57 At t a c h m e n t : 2 . U n c o d i f i e d O r d i n a n c e A u t h o r i z i n g t h e I m p l e m e n t a t i o n o f a C o m m u n i t y C h o i c e A g g r e g a t i o n P r o g r a m ( 1 2 3 1 : C o m m u n i t y C h o i c e Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Authorization to Bid Sean Diamond Park, CIP Project PK0216 Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY: The Capital Improvement Program (CIP) includes funding to design and construct Sean Diamond Park. The 5-acre park would provide a central gathering point with public art, playgrounds for ages 2-to-5 and 5-to-12, a tennis court, picnic area, informal lawn area, grass volleyball court, restroom building, and interior pathways for circulation and exercise. Staff is requesting City Council authorization to bid Sean Diamond Park, CIP No. PK0216. STAFF RECOMMENDATION: Authorize Staff to advertise Sean Diamond Park, CIP No. PK0216, for bids, including additive alternates for the shade structure at picnic area and additional lighting at the central garden. FINANCIAL IMPACT: The CIP budget for the project is $2.2 million and includes approximately $1.5 million for construction. On September 20, 2016, the City Council amended the capital improvement project and approved a budget change to accelerate the project design and construction to Fiscal Year 2016-17. Funds have been allocated in project budget to cover the construction contract. Based on the current cost estimate a budget change may be required at the award of contract if the base bid exceeds the available budget. The following summarizes the available budget, estimated construction costs and potential additive alternates to the construction project. Approved Construction Budget $1,568,226 Engineer’s Estimate for Base Bid $1,473,977 10% Construction Contingency $147,397 Subtotal, Potential Construction Cost for Base Bid $1,621,374 Potential Budget Shortfall for Base Bid ($53,148) 4.3 Packet Pg. 58 Page 2 of 2 Proposed Bid Alternates (including 10% contingency) Add Alt 1: Shade Structure $19,800 Add Alt 2: Lighting at Rose Garden $16,500 Subtotal, Add Alts $36,300 Total Potential Construction Costs, incl. Alt. 1 & 2 $1,657,674 Total Potential Budget Shortfall, Base Bid & Alt. 1 & 2 ($89,448) DESCRIPTION: On February 2, 2016, the City Council approved the conceptual plan for the Sean Diamond Neighborhood Park and authorized Staff to proceed with development of the construction drawings which will be complete in December. On September 20, 2016, the City Council approved amending the Capital Improvement Project for Sean Diamond Park and accelerating the project from Fiscal Year 2017-18 to Fiscal Year 2016-17. The project will be ready to bid in December 2016. The proposed base bid scope of work for the project includes the following elements: Central gathering space with public art as focal point Playgrounds for 2- to 5-year olds and 5- to 12-year olds Tennis Court Picnic Area Grass Volleyball Court Informal Lawn Area Restroom Building Interior Pathways for circulation and exercise The following additive alternates are proposed to be included in the bid package: Additive Alternate #1 will provide a shade structure at the picnic area. Additive Alternate #2 will provide additional lighting around the rose garden area. Schedule The following is a summary of the key project milestones for the remainder of the project: Bid period Winter 2016 Award of contract & construction begins Spring 2017 Open to the public Spring 2018 NOTICING REQUIREMENTS/PUBLIC OUTREACH: The project will be advertised in local newspapers, at plan holder rooms and posted on the City’s website. A copy of this Staff Report was sent to the Parks and Community Services Commission. ATTACHMENTS: 1. Park Concept Plan 4.3 Packet Pg. 59 Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Acceptance of Work – Contract No. ST0815A Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Prepared by: William Lai, Assistant Civil Engineer EXECUTIVE SUMMARY: The City Council will consider accepting the work for Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1, which provided for the construction of two mid-block crosswalks including curb extensions, median island refuge areas, and Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices. The project also included construction of a raised median island at the southern driveway in front of the Safeway property. These improvements increased pedestrian safety and improved traffic circulation in the Downtown area. STAFF RECOMMENDATION: Adopt the Resolution Accepting Improvements under Contract No. ST0815A for the Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 Project and authorize the City to release retention after 35 days if there are no subcontractor claims. FINANCIAL IMPACT: The Amador Plaza Road Bicycle and Pedestrian Improvements, Project No. ST0815 is a multi-phase project with a total budget of $1,413,647.000. The budget for Phase 1 of the project is $459,647.00. Total project costs for Phase 1, including design, inspection, staff, and construction costs are $421,384.33. To date, Phase 2 expenditures total $74,202.73, leaving a remaining project balance of $918,059.94. DESCRIPTION: On January 19, 2016, the City Council awarded a contract to FBD Vanguard Construction, Inc. in the amount of $344,099.99 for Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1. Work under this contract included the construction of the following key elements: 1. A raised median with left-turn pocket in the southbound direction at the southern 4.4 Packet Pg. 61 Page 2 of 3 driveway into Safeway. 2. Two new mid-block crosswalks, including bulb-out curb extensions and pedestrian refuge islands, to improve visibility and to decrease the pedestrian crossing distance. 3. Rectangular Rapid Flashing Beacon (RRFB) pedestrian warning devices at each mid-block crosswalk. Photos of these improvements are included as Attachment 2. In addition to the City contract for Phase 1, Amador Plaza Road has recently received a pavement surface treatment. On July 19, 2016, the City Council approved an agreement with the City of Livermore to include pavement maintenance work on Amador Plaza Road as part of the City of Livermore Slurry Seal 2016 Project. Work under that agreement included micro-surfacing of the street, a pavement surface treatment, as well as restriping of roadway markings to remove parking on the east side of the street, install parking stall markings on the west side of the street, and install bike lanes on both sides of the street. The surface treatment and restriping was completed in November of 2016, with project funding through the Annual Street Resurfacing CIP, Project No. ST0117. Phase 2 improvements of Project No. ST0815, are currently under design and are not in the scope of this contract. The Phase two improvements will include: 1. Construction of the southbound exclusive right-turn lane at the intersection of Amador Plaza Road and Dublin Boulevard (at the former Coco’s Restaurant site). Staff has reviewed the work under Contract No. ST0815A and determined that the work is complete. The project cost summary is as follows: Amador Plaza Road Bicycle and Pedestrian Improvements Expenditure Budget Current Project Budget $1,413,647.00 Total Budget $1,413,647.00 Funding Sources General Fund $459,647.00 Western Dublin Traffic Impact Fee $954,000.00 Total Funding Sources $1,413,647.00 Actual Expenditures (Phase 1) Construction Contract $344,099.99 Change Order #1 $6,141.58 Contract Services, Design, Salary, & Testing $71,142.76 Total Expenditures $421,384.33 4.4 Packet Pg. 62 Page 3 of 3 Actual Expenditures (Phase 2) Design $74,202.73 Total Expenditures $74,202.73 Remaining Project Balance $918,059.94 NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Accepting Improvements Under Contract No. St0815a for the Amador Plaza Road Bicycle and Pedestrian Improvements – Phase 1 Project 2. Project Photos 4.4 Packet Pg. 63 RESOLUTION NO. - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING IMPROVEMENTS UNDER CONTRACT NO. ST0815A FOR THE AMADOR PLAZA ROAD BICYCLE AND PEDESTRIAN IMPROVEMENTS – PHASE 1 PROJECT WHEREAS, on January 19, 2016, The City of Dublin entered a contract with FBD Vanguard Inc. to perform Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1; and WHEREAS, said improvements have been completed in accordance with plans and specification, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the improvements, Contract No. ST0815A, Amador Plaza Road Bicycle and Pedestrian Improvements - Phase 1 and authorize Staff to file a Notice of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or his designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk 4.4.a Packet Pg. 64 At t a c h m e n t : 1 . R e s o l u t i o n A c c e p t i n g I m p r o v e m e n t s U n d e r C o n t r a c t N o . S t 0 8 1 5 a f o r t h e A m a d o r P l a z a R o a d B i c y c l e a n d P e d e s t r i a n Attachment 2 1 Figure 1. Before Construction – Looking South near Sprouts Driveway Figure 2. After Construction – Looking South near Sprouts Driveway 4.4.b Packet Pg. 65 At t a c h m e n t : 2 . P r o j e c t P h o t o s ( 1 2 3 4 : A c c e p t a n c e o f W o r k - A m a d o r P l a z a R o a d B i k e a n d P e d I m p r o v e m e n t s ) Attachment 2 2 Figure 3. Before Construction – Looking North near REI Driveway Figure 4. After Construction – Looking North near REI Driveway 4.4.b Packet Pg. 66 At t a c h m e n t : 2 . P r o j e c t P h o t o s ( 1 2 3 4 : A c c e p t a n c e o f W o r k - A m a d o r P l a z a R o a d B i k e a n d P e d I m p r o v e m e n t s ) Attachment 2 3 Figure 5. Before Construction – Looking South near Safeway Driveway Figure 6. After Construction – Looking South near Safeway Driveway 4.4.b Packet Pg. 67 At t a c h m e n t : 2 . P r o j e c t P h o t o s ( 1 2 3 4 : A c c e p t a n c e o f W o r k - A m a d o r P l a z a R o a d B i k e a n d P e d I m p r o v e m e n t s ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement for Participation in the Alameda County Operational Area Emergency Management Organization Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution approving continued participation in the Agreement for Participation in Alameda County Operational Area Emergency Management Organization, as it was approved by the Alameda County Board of Supervisors on May 10, 2016. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Agreement for Participation in Alameda County Operational Area Emergency Management Organization. FINANCIAL IMPACT: None. DESCRIPTION: As a result of the 1991 East Bay Hills firestorm, State Senator Nicholas Petris sponsored legislation that establishes a standardized emergency management system, or SEMS, in California. An important component of SEMS is the Operational Area, defined as: An intermediate level of the state emergency services organization consisting of a county and all political subdivisions within the county area [California Government Code, § 8559 (b)]. State regulations assigned responsibility for developing the Operational Area Emergency Management Organization to the local board of supervisors. In January 1995, the Alameda County Board of Supervisors accepted the recommendation to form a task force to implement an Operational Area in Alameda County, and adopted the 4.5 Packet Pg. 68 Page 2 of 2 Agreement for Participation in the Alameda County Operational Area Emergency Management Organization. The City of Dublin adopted the initial Agreement in May 1995, and then again in June 2005, which expired on December 31, 2015. The Alameda County Board of Supervisors recently adopted a new Agreement consisting of substantially the same elements as the previous one. The key components of the Agreement are as follows: · A partnership for exchanging disaster intelligence, mutual aid requests, and resource requests in emergencies; · Allows for cooperative training and exercise; · No monetary compensation is required of participants to be members of the organization; · The State’s SEMS regulations and guidelines guide the policies and procedures of the organization; · The Sheriff/Director of Emergency Services is the Operational Area Coordinator responsible for assuring the representation of all affected jurisdictions in decision-making before, during, and after a disaster occurs; and · A representational Operational Area Council is established to review and approve policies and procedures for the organization and serve as Alameda County’s Civil Defense and Disaster Council. Past disasters have shown that interagency coordination is crucial to the successful response to disasters. The City of Dublin’s continued participation in the Operational Area Emergency Management Organization is a key component in accomplishing that goal. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution - Adopting the Agreement for Participation in Alameda County Operational Area Emergency Management Organization 2. Exhibit A to the Resolution - Agreement for Participation in Alameda County Operational Area Emergency Management Association 4.5 Packet Pg. 69 RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ADOPTING THE AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION WHEREAS, the potential for a major catastrophe due to natural or human- caused disaster causes all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS, greater efficiency and disaster preparedness, response, recovery, and mitigation can be achieved by joining the efforts of the County of Alameda, other cities, special districts, and other public benefit non-profit corporations together in pre- disaster agreements; and WHEREAS, the California Emergency Services Act makes reference to the “operational area” and defines it as “an intermediate level of the state emergency services organization” created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby adopt the Agreement for Participation in Alameda County Operational Area Emergency Management Organization attached hereto as Exhibit A, as it was approved by the Alameda County Board of Supervisors on May 10, 2016; and BE IT FURTHER RESOLVED, that the City Manager designate, in writing, the following: 1) Individuals who will be provided training and orientation on the policies and procedures so that they may represent the City in the Operational Area Emergency Management Organization; and 2) A line of succession of officials who are empowered to represent the City in the Operational Area Emergency Management Organization. BE IT FURTHER RESOLVED, that the City Manager will provide these two lists to the Alameda County Operational Area Emergency Management Organization within thirty (30) days of adoption of this resolution. 4.5.a Packet Pg. 70 At t a c h m e n t : 1 . R e s o l u t i o n - A d o p t i n g t h e A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.5.a Packet Pg. 71 At t a c h m e n t : 1 . R e s o l u t i o n - A d o p t i n g t h e A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t AGREEMENT FOR PARTICIPATION IN ALAMEDA COUNTY OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION This Agreement is made this \Dl'hday of K.~ , 2Cl ~by and between the County of Alameda and the cities , special districts, and othe; public benefit non-profit corporations that are parties to this Agreement. WHEREAS , the potential for a major catastrophe du e to natural or manrnade disaster requires all government entities within Alameda County to be prepared to share resources and information among themselves as well as with the State of California in order to protect public welfare; and WHEREAS , greater efficiency and disaster preparedness response , recovery , and mitigation can be achieved by joining the efforts of the County of Alameda, the Cities, Special Districts , and other public benefit non-profit corporations together in pre-disaster agreements ; and WHEREAS, the California Emergency Services Act makes reference to the "operational area" and defines it as "an intermediate level of the state emergency services organization" created to perform extraordinary functions for local governments within a county area such as strengthening mutual coordination, providing a focal point and conduit for disaster information, and assisting in the efficient management of resources ; THE COUNTY, CITIES, SPECIAL DISTRICTS, AND OTHER PUBLIC BENEFIT NON-PROFIT CORPORA TIO NS AGREE AS :FdLLOWS: 1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA EMERGENCY MANAGEMENT ORGANIZATION The parties to this Agreement recognize an Operational Area, as the term is defined in the California Emergency Services Act (California Government Code §8550 et seq .) which designates an intermediate level of organization , cooperation, and planning between public entities within Alameda County boundaries . The County of Alameda, cities , special districts, and other public benefit non-profit corporations that are parties to this Agreement shall participate in this organizational structure, which is a partnership for a systematic approach for exchanging disaster intelligence, mutual aid requests , and resource requests in emergencies and also to provide emergency preparedness on a day-to- day basis through cooperative training and exercise activities . ' The Operational Area Emergency Management Organization will be the primary contact point during an emergency in Alameda County for sharing disaster intelligence among local agencies and between the Operational Area Emergency Management Organization and state and federal agencies requesting information . ' Alameda County Operational Area Agreement Page 1 () I ~ 0 ~ () t ,[.. ()"\ 4.5.b Packet Pg. 72 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t The Operational Area Emergency Management Organization will assist parties to this agreement to share resources before , during , and after an emergency, as well as to prepare, respond , and recover from disasters that strike Alameda County. The Operational Area Emergency Management Organization will prioritize competing needs according to the policies and procedures approved by the Operational Area Council. Each of the parties to this Agreement will designate individuals to be trained to represent their agency in the Operational Area Emergency Management Organization. The training will be an orientation on the policies and procedures of the Operational Area Emergency Management Organization. E ach party to this Agreement will also designate , in writing, a line of succession of officials who are empowered to represent the party to the Operational Area Emergency Management Organization. 2. CONSIDERATION The consideration under this Agreement is the mutual advantage of protection afforded to each of the parties to this Agre ement. There shall not be any monetary compensation required from any to another party as a condition of assistance provided under the agreement, except for reimbursement of direct costs as designated in mutual aid agreements. Nothing in this agreement shall be construed as altering any preexisting disaster response agreements between the parties. 3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM The Operational Area E mergency Management Organization and its policies and procedures will be re gulated b y the Standardized Emergency Management Sy stem as stated in Californ ia Gov ernment Code §8 60 7, and its implementing regulations , California Code of Regulations, Titl e I 9, Divis ion 2, Offi ce of Em ergency Services, Standardiz ed Em ergency Management Sy stem , and guidelines . The incident command system and a multi-agency coordination system, as described in those regulations and guidelines , will be used for coordination and direction of the parties to this agreement participating in emergency efforts. The Alameda County Emergency Operations Plan shall be the primary method and criteria used to conduct Operational Area Emergency Operations Center activities . 4. OPERATIONAL AREA COO RD INA TOR The Sheriff/Director o f Emergency Services is the Operational Area Coordinator. It is the responsibility of the Operational Area Coordinator to oversee the operation of the Operational Area Emergency Management Organization and to reasonably interpret the terms of this agreement. It is the responsibility of the Operational Area Coordinator to encourage equal representation by parties to the agreement on a day-to-day basis and to include representatives of affected parties to this agreement and mutual aid coordinators in the operational decision making before, during , and after a disaster strikes Alameda County. Alameda County Operational Area Agreement Page 2 4.5.b Packet Pg. 73 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t 5. COUNCIL An Operational Area Council is hereby established consisting of a representational membership of the party jurisdictions to this Agreement. The Council shall include one voting representative from each of the following: a. The President of the Board of Supervisor , or his/her designee; b. The Sheriff/Director of Emergency Services , or his/her designated alternate; c. The Alameda County Administrator, or his/her designated alternate; d. The County Agency Heads having primary functional responsibilities in a disaster, or their designated alternates; Including , but not limited to: l. Auditor-Controller 2. Fire Department 3. General Services Agency 4 . Health Care Services 5 . Human Resource Services 6 . Public Works Agency 7. Sheriffs Office 8. Social Services Agency e. The President of the Alameda County Emergency Managers' Association , or his/her designated alternate; f. The President of the Alameda County Fire Chiefs' Association, or his/her designated alternate ; g . The President of the Alameda County Chiefs of Police and Sheriff's Association, or his/her designated alternate; h. A City Manager of a North County City , or his/her designated alternate , chosen annually by the cities of Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont to represent them in the Council; 1. A City Manager of a South County City , or his/her designated alternate, chosen annually by the cities of Fremont, Hayward , Newark, San Leandro , and Union City to represent them in the Council; J. A City Manager of an East County City, or his/her designated alternate , chosen annually by the cities of Dublin , Livermore, and Pleasanton to represent them in the Council ; Alameda County Operational Area Agreement Page 3 4.5.b Packet Pg. 74 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t k. A General Manager of a Regional District based in Alameda County , or his/her des ignated alternate, chosen annually by participating regional districts , defined as a special district having service areas in more than one county , to represent them in the Council ; I. A General Manager of a Special District , or his /her designated alternate , chosen annually by participating special districts having their entire service area within the boundaries of Alameda County to represent them in the Council; m. The Alameda County Superintendent of Schools , or his/her designated alternate, to represent the school districts of Alameda County ; n. A Director of a Public Benefit Non-profit Corporation, or his/her designated alternate, chosen annually by the Alameda County Voluntary Organizations Active in Disaster executive committee to represent them in the Council; o. A Chief Executive Officer or President, or his/her designated alternate , of a private sector company doing business in this county that is an active member of the Emergency Managers' Association of Alameda County and is selected annually by the Operational Area Coordinator ; and p . Such representatives of other organizatio~s , either civic , business , labor, veterans, professional or other organizations having ~ official group or organization having disaster responsibility and may be appointed by the Operational Area Coordinator. It is the responsibility of the Operational Area Council to set the policies and procedures for the governing of the Operational Area Emergency Management Organization and to review and approve recommendations for changes to these policies and procedures on an annual basis . The Operational Area Council will also serve as the Alameda County Civil Defense and Disaster Council , as described in the Alameda County A dmini strative Code , Chapter VI . The County of Alameda will supply staff support for the Operational Area Council. 6. PROVISION OF FACILITIES AND SUPPORT The County of Alameda shall pro v ide its emergenc y b perations center as the site for the Operational Area Emergency Management Organization. The County of Alameda will provide support staff for the emergency operations center and all reasonable supplies for tne Operational Area Emergency Management Organization during actual activations , drills , and exercises. All parties to this Agreement may pro v ide representatives for decision making and liaison to operational elements of the Operational Area Emergency Management Organization when activated . The Operational Area Emergency Management Organization will facilitate the mutual aid systems used by local a gencies to assist each other in a disaster with the resources necessary to sav e lives , mitigate property loss , and meet the basic needs of the people . Alameda County Operational Area Agreement Page 4 4.5.b Packet Pg. 75 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t 7. TERM OF AGREEMENT This Agreement shall be effective from the date executed by all parties until December 31, 2025. This Agreement may be terminated prior to the conclusion of the term by mutual agreement of a majority of the member parties. 8. WITHDRAW AL OF PARTY Any party to this Agreement may withdraw as a party to this Agreement prior to the termination of the term of this Agreement upon giving thirty (30) days prior written notice to all other parties . 9. ADDITIONAL PARTIES Additional parties , who are public entities within the geographical boundaries of Alameda County, may join in this Agreement and become a member party upon execution of an Exhibit to this Agreement in which the entity agrees to be subject to the conditions and terms of this Agreement. The executed Exhibit shall become a part of this Agreement automatically after the expiration of thirty (30) days following notification by the new party to all other parties to the execution of the exhibit. Thereafter, the entity shall be considered to be a party of this Agreement unless the entity withdraws as provided herein. Provided however, in the event any existing party to the Agreement gives all other parties notice of its objection to the addition of the particular entity becoming a member to this Agreement within the thirty (30) day notice period, the addition of such party to this Agreement shall require the consent of a two-thirds majority to the then member parties. I 0. INDEMNIFICATION AND HOLD HARMLESS Each of the parties agree to indemnify and hold the other parties harmless and waives all claims for compensation for any loss, damage, personal injury , or death incurred in consequences of the acts or omissions of the indemnifying parties' own employees and agents in the performance of this Agreement. It is the intent of the parties that, where negligence is determined to have been contributory , principles of comparative fault will be followed and each party shall bear the proportionate costs of any loss , damage , expense , and liability attributable to the party's negligence. 11 . SALARIES, EMPLOYMENT AND WORKERS COMPENSATION BENEFITS The salaries , employment and workers compensation benefits of each employee participating in the Operational Area Emergency Management Organization shall be the responsibility of the party employing the individual. It is understood that each party's employees have no rights , benefits , or special employment status conferred ~y reason of this Agreement. Alameda County Operational Area Agreement Page 5 4.5.b Packet Pg. 76 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t I • r f IN WITNESS WHEREOF THE PARTIES HERETO HA VE EXECUTED THIS AGREEMENT AS FOLLOWS: I hereby certify under penalty of perjury that the President of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on t1 ~ \O 2.0 \lo ; and that a copy has been delivered to the President as pro v ided by Govemmen CodJ section 25163 . ATTEST: ANIKA CAMPBELL-BELTON Clerk, Board of Supervisors Alameda County , California APPROVED AS TO FORM AND CONTENT: DONNA ZEIGLER By V L. David Nefouse Deputy County Counsel BARBARA LUBBEN Alameda County Operational Area Agreement Page 6 4.5.b Packet Pg. 77 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t f o r P a r t i c i p a t i o n i n A l a m e d a C o u n t y O p e r a t i o n a l A r e a E m e r g e n c y M a n a g e m e n t Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Agreement with West Corporation for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105) Prepared by: Meghan Tiernan, Facilities Development Manager EXECUTIVE SUMMARY: The City Council will consider approval of an agreement with West Corporation for access control and site security at the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105). STAFF RECOMMENDATION: Adopt the Resolution Approving the Consulting Services Agreement between the City of Dublin and West Corporation for the Emerald Glen Recreation and Aquatic Complex Project (CIP No. PK0105). FINANCIAL IMPACT: As approved in the 2016-2021 Capital Improvement Program, the total budget for the Emerald Glen Recreation and Aquatic Complex Project is $43,830,945. The cost of professional services under the agreement is $124,850.00 including a 10% contingency. Sufficient funding is available in the project budget to approve the Agreement with West Corporation. DESCRIPTION: On February 3, 2015, the City Council approved award of the construction contract to C. Overaa & Company Construction and construction is proceeding on schedule. The proposed agreement with West Corporation is for consultant services required during the construction phase to install access control, video and perimeter alarm systems that are compatible with the existing system at Civic Center. West Corporation has previously consulted with the City for the access control and security systems at Civic Center and is uniquely qualified to design and install a compatible system that integrates with the existing City system. 4.6 Packet Pg. 78 Page 2 of 2 The new Aquatic Center’s access control system will use Assa Abloy hardware and components. Assa Abloy will only provide a warranty for its product if 1) it is installed by an Assa Abloy certified “integrator”; and 2) the integrator will be responsible for system maintenance. Dan Walsh of West Corporation is a certified Assa Abloy integrator. If the System is installed by anyone other than West Corporation, the City will then be required to maintain a separate maintenance contract for access control/security at the Aquatic Complex with the integrator who installed the system. Upon approval of the agreement, West Corporation is prepared to begin work at the Emerald Glen Recreation and Aquatic Complex to install the new systems prior to completion of construction. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the staff report was sent to West Corporation. ATTACHMENTS: 1. Resolution Approving Consultant Services Agreement with West Corporation 2. Exhibit A to the Resolution - Agreement 4.6 Packet Pg. 79 ATTACHMENT 1 RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WEST CORPORATION FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO. PK0105) WHEREAS, the City Council adopted Resolution 15-15 approving a contract with C. Overaa & Company on February 3, 2015 for construction of the Emerald Glen Recreation and Aquatic Complex; and WHEREAS, construction of the Emerald Glen Recreation and Aquatic Complex is proceeding toward completion; and WHEREAS, the City requires access control, video, and perimeter alarm systems to operate the facility; and WHEREAS, the City solicited a proposal from West Corporation to design and install the systems; and WHEREAS, the West Corporation is uniquely qualified to provide a system compatible with the City’s existing systems; and WHEREAS, West Corporation is prepared to complete the work prior to construction completion; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby approve the Consulting Services Agreement with West Corporation, attached hereto as Exhibit A, for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105). BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and other minor amendments required to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ 4.6.a Packet Pg. 80 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h W e s t C o r p o r a t i o n ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t ATTACHMENT 1 City Clerk 4.6.a Packet Pg. 81 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g C o n s u l t a n t S e r v i c e s A g r e e m e n t w i t h W e s t C o r p o r a t i o n ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t 1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WEST CORPORATION This Agreement is made and entered into between the City of Dublin ("City") and West Corporation (“Consultant”) as of December 6, 2016 (the “Effective Date”). In consideration of their mutual covenants, the parties hereto agree as follows: Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on December 30, 2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $124,850.00 (One hundred and twenty-four thousand and eight hundred and fifty dollars, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and 4.6.b Packet Pg. 82 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 2 its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Contract o Hours must be logged in increments of tenths of an hour or quarter hours o If this Contract covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed $0.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 4.6.b Packet Pg. 83 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 3 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from City’s insurance or self- insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days’ prior written notice to City of such cancellation, change, or lapse. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance 4.6.b Packet Pg. 84 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 4 and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (“any auto”). 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no 4.6.b Packet Pg. 85 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 5 insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant’s insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.6.b Packet Pg. 86 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 6 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. 4.4.3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.4.5 Deductibles and Self-Insured Retentions. All self-insured retentions (SIR) and/or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self-insured retention provision and/or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City. 4.4.6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 4.4.7 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 4.6.b Packet Pg. 87 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 7 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant/Subcontractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 4.6.b Packet Pg. 88 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 8 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract 4.6.b Packet Pg. 89 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 9 Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this 4.6.b Packet Pg. 90 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 10 Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this 4.6.b Packet Pg. 91 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 11 Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: West Corporation Attn: Dan Walsh PO Box 414 Cayucos, CA 93430 Any written notice to City shall be sent to: The City of Dublin Attn: Gary Huisingh 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including Exhibits A and B, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4.6.b Packet Pg. 92 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 12 IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on the 6th day of December 2016. CITY OF DUBLIN CONSULTANT ____________________________ ______________________________ Christopher L. Foss, City Manager Dan Walsh, West Corporation Attest: ____________________________ Caroline Soto, City Clerk Approved as to Form: ____________________________ John Bakker, City Attorney 4.6.b Packet Pg. 93 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) EXHIBIT A SCOPE OF SERVICES . 4.6.b Packet Pg. 94 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) readers, and 3 personnel exterior gate readers to be determined and 1 on site client license. 2- The Amag client license will be installed on a customer supplied CPU. 3-At room 110 it is assumed that all the hardwired readers will terminate to an Amag 2150 access control panel and lock power supply. The 2150 panel terminates to the LAN switch provided by others. 4- At room 110, 2 Amag EN-LDBU panels will be installed to communicate to Assa Abloy wireless hubs. The EN-LDBU’s will terminate to the LAN switch provided by others. Reader locations noted on sheets A2.2a and A2.2b terminate to room 110 it is assumed required conduit and cable paths have been provided. 5- At room 127, 2 Amag EN-LDBU panels will be installed to communicate to Assa Abloy wireless hubs. The EN-LDBU’s will terminate to the LAN switch provided by others. Reader locations noted on sheet A2.2c terminate to room 127 it is assumed required conduit and cable paths have been provided. 6- A combination of Assa Abloy wireless hubs will be installed at specific locations in the buildings. The actual locations will first be confirmed with Assa Abloy tech support. Hubs will consist of 3 -AH-30 (8 readers) and 15-AH-13 (single reader). 7- There are 5 locations that require hard wired card readers these locations also require that the access control system be interfaced to the door operators, electric locks, and actuators. It is assumed that all conduits, back bokes, and cable paths have been provided. 8- There are 3 exterior gate locations that will require card readers, interface to the gate locks, gate position switch and REX device. It is assumed that all conduit, back boxes, and cable paths have been provided. 9- System cabling will be required from the 8 hardwired locations and from the EN-LDBU wireless hubs. 4.6.b Packet Pg. 96 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 10- Provide programing, submittals, as build drawings and O&M manuals. 11- Provide 1 year warranty on all materials provided and installed by WEST Corp. personnel. Installed cost; $65,776.67 Vicon Video System Scope of Work There is an NVR (network video recorder) installed at the PD which controls and records the cameras at City Center. A second NVR will be installed at the park to record and program the cameras. All cameras in the system can be programed to be viewed at either location. There are 4 interior camera locations and 4 exterior camera locations. 1-At a pre-determined location a Vicon NVR will be installed to control, and record the installed cameras. The NVR will archive video for 30 days. The NVR will terminate to the LAN switch provided by others. 2- The Vicon client software will be installed on a customer supplied CPU. The client will be used to program, monitor, and paly back video. The CPU will terminate to the LAN switch provided by others. 3- There are 3 interior mini domes installed in the front lobby / ticketing location and 1 mini dome installed in the safe room. An exterior dome will be mounted to monitor people at the outside ticketing area windows. Cameras will terminate to a LAN/POE switch provided by others at room 110. 4- At the pool storage building 3 exterior cameras will be installed to monitor the general gate areas. The cameras will terminate to a LAN / POE switch provided by others inside the building. It is assumed that all conduit, back boxes, and cable paths have been provided. 4.6.b Packet Pg. 97 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) 5- Analytics will be provided for the lobby cameras monitoring the entrances. The analytics will monitor direction (people entering) and keep count of people entering. The data will be stored on the NVR. 6- Provide programing, submittals, as build drawings and O&M manuals. 7- Provide 1 year warranty on all materials provided and installed by WEST Corp. personnel Estimated Cost; $21,979.26 Perimeter Alarm System Scope of Work - Revision 1 The newest Amag software has added several functions that have an affect the Apireo Wireless Locks. The scope of work does not change the components do change to accomplish the same results. At the last onsite meeting I was told that all exterior doors need to be alarmed this will also include rollup doors. The cashier will have panic buttons to use in emergency situations. There will be 2 alarm key pads for; arming, disarming, and system status. The system will be monitored 24/7 by a UL certified alarm monitoring company. There will be a combination of wireless and hardwired alarm points. There are areas that are no longer assessable these areas will be wireless. It is assumed that all conduit, back boxes, and cable paths have been provided. The areas of courage; Main building Sheet A2.2a 11 doors 4 panic buttons Covered pool Sheet A2.2b 5 doors Lifeguard building 12 doors - 8 industrial contacts Pool storage building 4 doors – industrial contacts Estimated cost; $25,744.79 4.6.b Packet Pg. 98 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) Rev3 changes include; Pool storage building we will run our pipe install back boxes and terminate to a LAN switch in the building. I will need to finalize this with the IT contractor. Add Aperio wireless hubs, Amag EN-LDBU Aperio interface, additional Aperio programing. Additional wireless contacts, 12vdc power supplies, additional cabling, and additional wireless receivers, additional remote Bosch input modules. Additional Labor as needed. Please give me a call with any questions Thanks Dan Walsh 4.6.b Packet Pg. 99 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) EXHIBIT B COMPENSATION SCHEDULE 4.6.b Packet Pg. 100 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : Jo b A d d r e s s : A C C E S S C O N T R O L R E V - 2 Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 1 1 AM A G PR O - L I C - 3 2 3 2 C A R D R E A D E R S O F T W A R E $992.50$992.50 2 1 AM A G PR O - L I C - 8 8 C A R D R E D A E R S O F T W A R E $248.75$248.75 3 1 AM A G PR O C L I E N T C L I E N T / W O R K S T A T I O N S O F T W A R E $693.75$693.75 4 2 AM A G LO C K - L I C - 1 6 A P E R I O I N T E R F A C E L I C $1 , 8 1 0 . 0 0 $3,620.00 5 6 8 AM A G 83 0 B K CA R D R E A D E R $175.00$1,400.00 7 1 AM A G G4 T - M 2 1 5 0 - 0 0 1 8 H A R D W I R E D R E A D E R I N T E R F A C E P A N E L $2 , 3 6 6 . 2 5 $2,366.25 8 2 AL T R O N I X S 1 0 A M P / 3 2 / 2 4 V P O W E R S U P P L Y $406.25$812.50 9 10 4 AM A G MN - E N - L D B U - C O M M I N T E R F A C E T O A P E R I O H U B S $1 , 8 1 0 . 0 0 $7,240.00 11 4 AM A G TR A N S - 7 5 T R A N S F O M E R $75.00$300.00 12 13 14 4 AP E R I O AH - 3 0 8 R E A D E R H U B S $330.00$1,320.00 15 1 5 AP E R I O AH - 1 3 SI N G L E R E A D E R H U B $236.25$3,543.75 16 1 AP E R I O RA D I O D O N G E L / S O F T W A R E / H U B P R O G A M I N G $1 , 2 5 0 . 0 0 $1,250.00 17 5 WE S T OP E R A T O R / L O C K I N T E R F A C E $125.00$625.00 18 2 WE S T CA T 5 T E R M I N A L P U N C H D O W N $187.50$375.00 19 20 2 WE S T CA T 6 - P I P C O M M C A B L E $356.25$712.50 21 3 WE S T 2P A I R - P 4 8 5 C O M M C A B L E $231.25$693.75 22 3 WE S T 3/ P / 2 2 G A / S R E A D E R C A B L E $356.25$1,068.75 23 3 WE S T 2C O N D / 1 8 / 2 L O C K C A B L E $187.50$562.50 24 25 1 WE S T SU B M I T T A L S $125.00$125.00 26 1 WE S T TR A I N I N G 27 1 WE S T AS B U I L D / O & M M A N U A L S $125.00$125.00 28 29 30 31 32 33 34 35 36 37 38 39 40 To t a l M a t e r i a l s $28,075.00 To t a l L a b o r $34,655.53 To t a l M i s c . $449.20 To t a l T a x $2,596.94 Bo n d ( I f r e q . ) GR A N D T O T A L $65,776.67 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 1 P M Pa g e 1 o f 3 ACCESS CONTROL REV2 CUST4.6.b Packet Pg. 101 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : Job A d d r e s s : A C C E S S C O N T R O L R E V - 2 Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 To t a l M a t e r i a l s $28,075.00 To t a l L a b o r $34,655.53 To t a l M i s c . $449.20 To t a l T a x $2,596.94 Bo n d ( I f r e q . ) GR A N D T O T A L $65,776.67 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 1 P M Pa g e 2 o f 3 ACCESS CONTROL REV2 CUST4.6.b Packet Pg. 102 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : VI D E O R E V 2 Jo b A d d r e s s : Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 1 1 VI C O N VP K - 5 T B - V 8 R X 1 6 C H A N N E L 5 T B N V R $5 , 4 4 5 . 0 0 $5,445.00 2 4 IQ E Y E 1Q D 6 2 N I - 3 6 I N T E R I O R M I N I D O M E 1 . 3 M P 3 - 6 M M $446.25$1,785.00 3 4 IQ E Y E 1Q M 6 2 W R - A 4 E X T E R I O R D O M E 1 . 3 M P 3 - 1 3 M M $648.75$2,595.00 4 4 IQ E Y E 1Q M - W M 3 D O M E W A L L M O U N T $101.25$405.00 5 6 1 WE S T CA T 6 / P CA T 6 C A M E R A C A B L E / E M T / B A C K B O X E W $437.50$437.50 7 2 IN T U V I S I O N S W - D U B L I N A N A L Y T I C S O F T W A R E $1 , 0 6 2 . 5 0 $2,125.00 8 1 WE S T SU B M I T T A L / T R A I N I N G / A S B U I L D / O & M M A N U A L S $187.50$187.50 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 To t a l M a t e r i a l s $12,980.00 To t a l L a b o r $7,591.57 To t a l M i s c . $207.68 To t a l T a x $1,200.65 Bo n d ( I f r e q . ) GR A N D T O T A L $21,979.90 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 3 P M Pa g e 1 o f 3 VIDEO REV2 CUST4.6.b Packet Pg. 103 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : VID E O R E V 2 Jo b A d d r e s s : Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 To t a l M a t e r i a l s $12,980.00 To t a l L a b o r $7,591.57 To t a l M i s c . $207.68 To t a l T a x $1,200.65 Bo n d ( I f r e q . ) GR A N D T O T A L $21,979.90 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 3 P M Pa g e 2 o f 3 VIDEO REV2 CUST4.6.b Packet Pg. 104 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : AL A R M S Y S T E M - R E V 2 Jo b A d d r e s s : Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 1 1 BO S C H B5 5 1 2 AL A R M P A N E L , C O M M U N I C A T O R , P O W E R S U P P L Y $625.00$625.00 2 EN C L O S E U R E 3 2 BO S C H B9 2 0 KE Y P A D S $106.25$212.50 4 4 BO S C H B2 0 8 IN P U T M O D U L E S $85.00$340.00 5 2 BO S C H B3 0 8 OU T P U T M O D U L E S $97.50$195.00 6 6 BO S C H MO D U L E E N C L O S E U R E S $25.00$150.00 7 1 AM A G M2 1 5 0 O C 4 / 2 4 2 4 O U T P U T P A N E L $500.00$500.00 8 9 1 5 LI N E A R DX S - 3 1 WI R E L E S S D O O R C O N T A C T $32.50$487.50 10 5 LI N E A R DX S R - 1 5 0 8 8 I N P U T R E C E I V E R $68.75$343.75 11 2 LI N E A R DX T - 2 1 PA N I C B U T T O N $31.25$62.50 12 4 AL T R O N I X S P B 1 2 / 2 4 O P E N C O L L E C T O R R E L A Y S $187.50$750.00 13 2 AL T R O N I X S 1 2 V D C P S 1 2 V D C P O W E R S U P P L Y $125.00$250.00 14 7 SE N T R O L 2 5 0 5 A IN D U S T R I A L C O N T A C S $31.25$218.75 15 16 3 2 P / 2 2 G A / P C O M M C A B L E $231.25$693.75 17 2 2 C O N D / 1 8 G A / P P O W E R C A B L E $187.50$375.00 18 3 2C O N D / 2 2 G A / P C O N T A C T C A B L E $131.25$393.75 19 20 21 1 WE S T SU B M I T T A L , T R A I N I N G , A S B U I L D S , O & M M A N U A L S $250.00$250.00 22 23 1 1 Y E A R O F F S I T E M O N I T O R I N G $540.00$540.00 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 To t a l M a t e r i a l s $6,387.50 To t a l L a b o r $18,694.25 To t a l M i s c . $102.20 To t a l T a x $590.84 Bo n d ( I f r e q . ) GR A N D T O T A L $25,774.79 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 2 P M Pa g e 1 o f 3 ALARM SYSTEM REV2 CUST4.6.b Packet Pg. 105 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) WE S T C O R P O R A T I O N Cl i e n t : ALA R M S Y S T E M - R E V 2 Jo b A d d r e s s : Jo b A d d r e s s : Ci t y , S T Z i p : Co n t a c t : Ph o n e # : It e m # Q u a n t i t y M a n u f a c t u r e r M o d e l N o . De s c r i p t i o n Co s t E a c h Total 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 To t a l M a t e r i a l s $6,387.50 To t a l L a b o r $18,694.25 To t a l M i s c . $102.20 To t a l T a x $590.84 Bo n d ( I f r e q . ) GR A N D T O T A L $25,774.79 Co p y r i g h t 1 9 9 9 b y W a l s h E l e c t r o n i c s S y s t e m s T e c h n o l o g y , I n c (W E S T C o r p . ) Al l d r a w i n g s a n d t h e o r i g i n a l i n f o r m a t i o n , d e s i g n s , c o n c e p t s a n d i d e a s r e p r e s e n t e d t h e r e o n a r e t h e e x c l u s i v e i n t e l l e c t u a l p r o p e r t y o f W E S T C o r p . a n d m a y n o t b e re p r o d u c e d o r c o p i e d i n a n y m a n n e r w i t h o u t t h e e x p r e s s w r i t t e n a u t h o r i z a t i o n o f W E S T C o r p . An y d r a w i n g s a n d / o r d o c u m e n t s p r o v i d e d b y W E S T C o r p . m u s t b e p r o m p t l y r e t u r n e d u p o n d e m a n d . 11 / 2 8 / 2 0 1 6 4 : 4 2 P M Pa g e 2 o f 3 ALARM SYSTEM REV2 CUST4.6.b Packet Pg. 106 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A g r e e m e n t ( 1 2 4 0 : E m e r a l d G l e n A q u a t i c C e n t e r C o n s u l t a n t S e r v i c e s A g r e e m e n t ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Task Order for the Metropolitan Planning Group Prepared by: Jeff Baker, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider approving a Task Order for the Metropolitan Planning Group in the amount of $97,550. The Metropolitan Planning Group will assist the Planning Division Staff with processing the entitlements for the Boulevard project, and plan check services related to several approved development projects. The work will be performed in accordance with the terms of the recently approved Consulting Services Agreement with the firm to provide these types of services. STAFF RECOMMENDATION: Adopt the Resolution Approving Task Order #1 with the Metropolitan Planning Group to provide contract planning services. FINANCIAL IMPACT: All charges associated with this Task Order will be reimbursed with funds collected from project applicants in conjunction with the processing of their projects. DESCRIPTION: The Community Development Department utilizes consultants on an as-needed basis to assist staff with overflow work and to provide specific technical expertise. Typical contract work utilized by the Planning Division include assisting Staff with processing entitlements, plan check, landscape design review, and other technical expertise. Following a competitive process, the City Council authorized entering into a Consulting Services Agreement with the Metropolitan Planning Group on July 19, 2016. Staff is currently requesting that the City Council approve a Task Order in the amount of $97,550 for the Metropolitan Planning Group to assist Staff with processing th e Planning entitlements (i.e. Site Development Review, subdivision maps, etc.) for the 4.7 Packet Pg. 107 Page 2 of 2 Boulevard project, as well as, provide plan check services for the Boulevard, Moller Ranch/Tassajara Hills, and Kaiser Permanente projects. All work will be performed in accordance with the existing Consulting Services Agreement. A Resolution approving Task Order #1 with the Metropolitan Planning Group is included as Attachment 1 to this Staff Report. NOTICING REQUIREMENTS/PUBLIC OUTREACH: This Staff Report was posted to the City’s website and provided to the Metropolitan Planning Group. ATTACHMENTS: 1. Resolution Approving Task Order #1 for the M-Group 1. Exhibit A - Task Order #1 4.7 Packet Pg. 108 C:\users\carolines\appdata\local\temp\minutetraq\dublinca@dublinca.iqm2.com\work\attachments\1649.docx RESOLUTION NO. XX - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * APPROVING TASK ORDER #1 FOR THE METROPOLITAN PLANNING GROUP TO PROVIDE CONTRACT PLANNING SERVICES WHEREAS, the City Council has directed Staff to process development projects expeditiously and to hire consultants when services are needed; and WHEREAS, the City Council approved a Consulting Services Agreement with the Metropolitan Planning Group on July 19, 2016 to provide contract planning services on an as needed basis; WHEREAS, the City desires to hire a qualified consultant to assist with processing Planning entitlements for The Boulevard project and to provide plan check services; WHEREAS, the Metropolitan Planning Group has provided a scope and a budget to assist Staff with processing entitlements for The Boulevard project, and to provide plan check services related to The Boulevard, Moller Ranch/Tassajara Hills, and Kaiser Permanente projects; WHEREAS, all charges associated with this Task Order will be reimbursed with funds collected from project applicants in conjunction with the processing of their projects; and NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve Task Order #1 in the amount of $97,550 for the Metropolitan Planning Group to provide contract Planning Services, included as Exhibit A; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Task Order and any minor amendments, attached hereto as Exhibit A, and related Purchase Orders. PASSED, APPROVED AND ADOPTED this 6th day of December 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Mayor ATTEST: 4.7.a Packet Pg. 109 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g T a s k O r d e r # 1 f o r t h e M - G r o u p ( 1 2 4 1 : T a s k O r d e r f o r t h e M e t r o p o l i t a n P l a n n i n g G r o u p ) 2 of 2 City Clerk 4.7.a Packet Pg. 110 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g T a s k O r d e r # 1 f o r t h e M - G r o u p ( 1 2 4 1 : T a s k O r d e r f o r t h e M e t r o p o l i t a n P l a n n i n g G r o u p ) CITY OF DUBLIN ON-CALL SERVICES TASK ORDER TASK ORDER No. 1 Resolution Number: ______ This Task Order is being issued against an on-call services agreement and shall serve as authorization by the City of Dublin to proceed with work as described in the attached Scope of Work. Project Name: Contract Planning Services Project Description: The Metropolitan Planning Group will assist the Planning Division Staff with processing the entitlements for the Boulevard project, and plan check services for the Boulevard, Moller Ranch/Tassajara Hills, and Kaiser on an as needed basis. All work will be performed in accordance with the existing Consulting Services Agreement with an effective of June 20, 2016. Vendor Name: Metropolitan Planning Group Vendor Contact Name/Phone: Kristi Bascom 510-634-8443 Contract Term: June 30, 2019 Department: Community Development Department Project Manager Name/Phone: Amy Million City compensation to Consultant shall not exceed the total listed below for this Task Order, and shall be made in accordance with the terms and conditions of the Agreement and the attached Project Budget. Task Order Not-to-Exceed Amount Authorized Task Order #1 $97,550 Previously Authorized, to date (preceding task orders) $ 0 Subtotal of all Task Orders Authorized /Total Contract Not-to-Exceed $ 97,550 Authorized by: ____________________________________________ Date: ____________________ (Chris Foss, City Manager) This Task Order hereby incorporates, by reference, the attached Scope of Work and Project Budget. In addition, this Task Order hereby incorporates, by reference, all terms and conditions set forth in the Agreement. Upon agreement by both City and Consultant, any substantive changes to the timeline, Project Budget amount, or Scope of Work will need to be approved in writing and will result in a revised Task Order issued. 4.7.b Packet Pg. 111 At t a c h m e n t : 1 . E x h i b i t A - T a s k O r d e r # 1 ( 1 2 4 1 : T a s k O r d e r f o r t h e M e t r o p o l i t a n P l a n n i n g G r o u p ) M-GROUP.us • 22561 Main Street, Suite 200 • Hayward, CA 94541 • 510.634.8443 • a new design on urban planning METROPOLITAN PLANNING GROUP         November 22, 2016    Mr. Jeff Baker  City of Dublin  100 Civic Plaza  Dublin, CA  94568    Dear Jeff,    As requested, below is a summary and budget estimate for planning services that are expected  to be provided to the City of Dublin by M‐Group in accordance with our executed Consultant  Services Agreement.    The approximate number of hours are from today’s date forward through consideration of the  project by the decision‐making authority.    Project Planning services  provided  M‐Group staff  person  Approximate  number of  hours  Approximate  budget  Boulevard  SDR/VTM  (Phases 2/3)  Assist with project  management and  entitlement processing  Kristi Bascom  (Principal)  120 $22,800  Boulevard  SDR/VTM  (Phases 4/5)  Assist with project  management and  entitlement processing  Kristi Bascom  (Principal)  160 $30,400  Total project budget estimates 290 $53,200    Please let me know if any additional information or more detail is needed.    Sincerely,      Kristi Bascom  Principal  4.7.b Packet Pg. 112 At t a c h m e n t : 1 . E x h i b i t A - T a s k O r d e r # 1 ( 1 2 4 1 : T a s k O r d e r f o r t h e M e t r o p o l i t a n P l a n n i n g G r o u p ) M-GROUP.us • 22561 Main Street, Suite 200 • Hayward, CA 94541 • 510.634.8443 • a new design on urban planning METROPOLITAN PLANNING GROUP     November 22, 2016    Mr. Jeff Baker  City of Dublin  100 Civic Plaza  Dublin, CA  94568    Dear Jeff,    As requested, below is a summary and budget estimate ‐ broken down by project ‐ for plan check and  project implementation services that can be provided to the City of Dublin by M‐Group in accordance  with our executed Consultant Services Agreement.    Project Planning services provided M‐Group staff  person  Approximate  number of  hours 11/1/16  to 6/30/17  Approximate  budget  Kaiser Dublin  Medical Center  (Phase 1A)  Plan check, MMRP compliance, and  project implementation.  Kristi Bascom  (Principal)  20 $3,800  Boulevard  (Phase 1)  Continued plan check, MMRP  compliance, and project  implementation  Kristi Bascom  (Principal) and  Sarah Filipe  (Assistant Planner)  30    30  $5,700    $2,700  Boulevard  (Phases 2/3)  Plan check, MMRP compliance, and  project implementation  Kristi Bascom  (Principal) and  Sarah Filipe  (Assistant Planner)  40    80  $7,600    $7,200  Boulevard  (Phases 4/5)  Plan check, MMRP compliance, and  project implementation  Kristi Bascom  (Principal) and  Sarah Filipe  (Assistant Planner)  40    80  $7,600    $7,200  Moller Ranch/  Tassajara  Highlands  Plan check for 3 neighborhoods and  recreation center  Sarah Filipe  (Assistant Planner)  30 $2,550  Total project budget estimates 350 $44,350    Please let me know if any additional information or more detail is needed.    Sincerely,      Kristi Bascom  Principal  4.7.b Packet Pg. 113 At t a c h m e n t : 1 . E x h i b i t A - T a s k O r d e r # 1 ( 1 2 4 1 : T a s k O r d e r f o r t h e M e t r o p o l i t a n P l a n n i n g G r o u p ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Fiscal Year 2016-17 1st Quarter Financial Review, and Resolution Amending the Position Allocation Plan Prepared by: Colleen Tribby, Director of Administrative Services EXECUTIVE SUMMARY: The City Council will receive a financial report through the first quarter for Fiscal Year 2016-17 and consider amendments to the Fiscal Year 2016-17 Budget via a budget change. The City Council will also consider approval of a resolution amending the City’s Position Allocation Plan to account for an increase by 0.25 in the full-time equivalent (FTE) position count. STAFF RECOMMENDATION: Adopt the Resolution Amending the City of Dublin Position Allocation Plan for Fiscal Year 2016-17. FINANCIAL IMPACT: Approval of the budget change will result in the addition of $905,876 to the General Fund property tax revenue budget, and will increase General Fund expenditures $6,818. Total General Fund reserves are projected at $106,998,130 by June 30, 2017. This report also contains various budget changes in other funds requiring City Council approval, and confirms changes to the list of out-of-state business trips taken by Staff through December 2016. Approval of the amendment to the City’s position allocation plan will add 0.25 FTEs to the position plan, to account for the net change of replacing the Finance Technician II (0.75 FTE) with a Finance Technician I (1.0 FTE) position. There are sufficient funds in the Fiscal Year 2016-17 Adopted Budget to cover the minimal increase in costs for the remainder of the year. If approved, the additional cost of approximately $17,000 per year will be incorporated into the ongoing budget process. 4.8 Packet Pg. 114 Page 2 of 4 DESCRIPTION: The focus of this report is to update Council on the status of the Fiscal Year 2016-17 General Fund Amended Budget, including on overview on all proposed changes and their impact on total reserves. As a reminder, the Amended Budget includes budget amendments already approved by the City Council since July 1, as well as carry-over budgets from Fiscal Year 2015-16. The Budget Change Form (Attachment 5) lists all new amendments needing approval in the General Fund as well as in other funds. FY 2016-17: Projected Results (Attachment 1) General Fund revenues are projected to come in $905,876 higher than the Amended Budget due primarily to an increase in property tax revenue, based on the most recent information provided by Alameda County and the City’s property tax consultant. On the expenditure side, the City’s contract with the County for Animal Control Services is increasing $6,818 over the original estimate. After incorporating those changes, total reserves are projected to decrease $2,166,897 from the prior year, as illustrated in the table below. The primary reason for the decrease is the planned spending down of committed reserves, as shown in the General Fund Reserves Summary (Attachment 2). Total Reserves, Compared to FY 2015-16 and FY 2016-17 Amended Budget Actual 2015-16 Amended 2016-17 1st Quarter Changes 1st Quarter Projection 2016-17 Revenue 82,916,416$ 77,406,273$ 905,876$ 78,312,149$ Expenditures (69,048,878)$ (71,691,291)$ 6,818$ (71,698,109)$ Transfers Out (2,409,006)$ (8,780,937)$ (8,780,937)$ Year End Reserves 109,165,026$ 106,099,071$ 106,998,130$ Change to Reserves from Prior Year (3,065,955)$ (2,166,897)$ Administrative Items (No Budget Impact) a) Approve an amendment to the City’s Position Allocation Plan (Attachment 3) to decrease the Finance Technician II position (0.75 FTE), and replace it with a Finance Technician I position at 1.0 FTE, upon the backfilling of a vacancy created by a retirement. The restoration of these hours will help balance workloads in the Administrative Services Department and allow for an expansion of duties in the Finance Division. It is anticipated that the position will be filled for the last five months of the current fiscal year; therefore there are sufficient funds in the existing operating budget to cover the increased cost. The estimated annual impact beginning Fiscal Year 2017-18 is $17,000. b) Out-of-State Travel Changes:  Replacement of the City Manager with the Assistant to the City Manager at the International City/County Management Association Annual Conference in Kansas City, MO in September 2016.  Director of Economic Development at the 3CMA Conference (City/County 4.8 Packet Pg. 115 Page 3 of 4 Communications and Marketing Association) in San Antonio, TX in September 2016. Non-General Fund Items In addition to the changes to the General Fund, there are various budget amendments in other funds that require City Council approval: 1. Budget adjustments, Non-General Fund: a) Appropriate $5,300 in the Equipment Replacement Fund to purchase hand-held radar units for police services. b) Appropriate $20,000 in the Equipment Replacement Fund to purchase upgraded network switches and a firewall in the information systems data center at the Civic Center. c) Appropriate $657.19 in Mitigation Funds for the St. Patrick Way Project (ST0494). d) Replace $3,617.02 in funding from the Traffic impact Fees Fund to Mitigation Funds for the Dublin Blvd. - Sierra Court Project (ST1012). 10-Year Forecast Staff has updated the General Fund 10-Year Forecast to reflect the numbers shown in this report, and to include updated trends in the following other revenue categories: Other Taxes (Transient Occupancy Taxes and Gas, Garbage, and Cable Franchise fees); Other Licenses and Permits (business license fees, and revenue from ongoing permit activity); and Interest Income. Staff has not made changes to development assumptions and has not included a recessionary scenario. The potential expansion of Police Services is also not included in the Forecast at this point. The incorporation of the revenue growth into the Forecast results in a projected deficit of $1.3 million by Fiscal Year 2021-22, which is one year later than was reflected in the prior Forecast. The deficit is now projected to grow to $5.6 million by Fiscal Year 2024- 25 (see chart below). 4.8 Packet Pg. 116 Page 4 of 4 General Fund 10-Year Forecast (in thousands) Staff will continue refining the Forecast to reflect the most current information. Additionally, beginning in January 2017, Staff will be working with the newly formed Fiscal Sustainability Task Force to identify potential solutions for the City Council to consider in future budget cycles. Another updated Forecast will be provided to the City Council as part of the Fiscal Year 2016-17 Quarter 2 Financial Review. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. General Fund Summary, Fiscal Year 2016-17 Quarter 1 2. General Fund Reserves, Fiscal Year 2016-17 Quarter 1 3. Resolution Amending the City of Dublin Position Allocation Plan 4. Exhibit A to the Resolution 5. Budget Change Form 4.8 Packet Pg. 117 GENERAL FUND SUMMARY ATTACHMENT 1 FY 2016‐17 QUARTER 1  Actual 2015‐16   Adopted 2016‐17   Amended 2016‐17   Quarter 1  Changes  Proposed Amended 2016‐17  Revenues Property Taxes 33,598,601       35,182,061      35,182,061  905,876            36,087,937   Sales Taxes 20,938,826       20,666,260      20,666,260  20,666,260   Development Revenue 10,562,963       8,568,899        8,568,899    8,568,899     Other Taxes 6,606,016         5,465,000        5,465,000    5,465,000     Licenses & Permits 310,286             292,140            292,140       292,140        Fines & Penalties 116,016             109,932            109,932       109,932        Interest   2,937,978         465,880            465,880       465,880        Rentals and Leases 1,114,747         1,033,488        1,033,488    1,033,488     Intergovernmental 324,075             198,618            198,618       198,618        Charges for Services 5,396,964         4,838,466        4,838,466    4,838,466     Community Benefit Payments 424,000             100,000            100,000       100,000        Other Revenue 585,944             256,344            485,529       485,529        Total Revenues 82,916,416       77,177,088      77,406,273 905,876           78,312,149   Expenditures Salaries & Wages 9,437,426         11,100,241      11,100,241  11,100,241   Benefits 4,172,485         5,707,982        5,957,982    5,957,982     Services & Supplies 1,875,458         2,946,394        2,926,297    2,926,297     Internal Service Fund Charges 2,637,354         3,065,342        3,040,284    3,040,284     Utilities 1,723,204         2,248,261        2,248,261    2,248,261     Contracted Services 39,869,473       43,297,583      44,380,226  6,818                44,387,044   Capital Outlay 133,477             719,801            1,070,238    1,070,238     Interest & Other ‐                    989,112            967,762       967,762        Contribution to OPEB/PERS 9,200,000         ‐                    ‐                ‐                 Total Expenditures 69,048,878       70,074,716      71,691,291 6,818                71,698,109   Operating Impact 13,867,538       7,102,372        5,714,982    899,058           6,614,040     Transfers Out (2,409,006)        (759,510)            (8,780,937)    (8,780,937)     Impact on Total Reserves 11,458,531       6,342,862        (3,065,955)  899,058           (2,166,897)   4.8.a Packet Pg. 118 At t a c h m e n t : 1 . G e n e r a l F u n d S u m m a r y , F i s c a l Y e a r 2 0 1 6 - 1 7 Q u a r t e r 1 ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) GENERAL FUND RESERVES ATTACHMENT 2 FY 2016‐17 QUARTER 1 Reserve Balances  Actual 2015‐16  Increase 2016‐17 Decrease 2016‐17 NET  CHANGE Actual 2016‐17  Non‐Spendable 717,698                      ‐                       (389,265)        (389,265)                328,433                     Prepaid Expenses 27,080                       ‐                          27,080                       Cemetery Endowment 60,000                       ‐                          60,000                       Advance to Public Facility Fees ‐                             ‐                          ‐                             Advance to Fire Impact Fee 80,672                       ‐                          80,672                       Advance to PERS Side Fund 549,946                      (389,265)        (389,265)                 160,681                     Restricted 579,000                      ‐                       ‐                  ‐                          579,000                     Heritage Park Maintenance 500,000                      ‐                          500,000                     Developer Contr ‐ Nature Pk 60,000                       ‐                          60,000                       Developer Contr ‐ Heritage Pk 19,000                       ‐                          19,000                       Committed38,928,756                ‐                       (6,577,163)    (6,577,163)            32,351,593               Economic Stability 8,000,000                  ‐                          8,000,000                  Downtown Public Impr 1,000,000                  ‐                          1,000,000                  Economic Development 1,000,000                  ‐                          1,000,000                  Emergency Communications 741,000                      ‐                          741,000                     Fire Svcs OPEB 3,004,000                  ‐                          3,004,000                  Innovations & New Opport 2,122,785                  ‐                          2,122,785                  One‐Time Initiative 1,341,408                  ‐                          1,341,408                  Specific Committed Reserves Emerald Glen Aquatic Complex 3,000,000                  (3,000,000)     (3,000,000)            ‐                             Maintenance Facility 215,101                      (215,101)        (215,101)                 ‐                             Cemetery Expansion 5,272,210                  ‐                          5,272,210                  Fallon Sports Park 2,000,000                  (1,800,000)     (1,800,000)            200,000                     Civic Ctr Expansion 27,773                       (27,773)          (27,773)                   ‐                             Storm Drain Capture 546,878                      (546,878)        (546,878)                 ‐                             Shannon Center Parking Lot 987,410                      (987,410)        (987,410)                 ‐                             Utility Undergrounding 1,170,190                  ‐                          1,170,190                  Advance to Public Facility Fee 6,000,000                  ‐                          6,000,000                  Dublin Sports Ground 2,500,000                  ‐                          2,500,000                  Assigned39,053,695                ‐                       (2,840,487)    (2,840,487)            36,213,208               Accrued Leave 988,708                      ‐                          988,708                     Operating Carryovers 1,612,658                  (1,612,658)     (1,612,658)            ‐                             CIP Carryovers 1,227,829                  (1,227,829)     (1,227,829)            ‐                             Non‐Streets CIP Commitments 3,879,516                  ‐                          3,879,516                  Catastrophic Loss 11,368,531                ‐                          11,368,531               Service Continuity 3,000,000                  ‐                          3,000,000                  Pension & OPEB 10,614,353                ‐                          10,614,353               Fiscally Responsible Adj 325,000                      ‐                          325,000                     Municipal Regional Permit 2,225,000                  ‐                          2,225,000                  HVAC Replacement 1,000,000                  ‐                          1,000,000                  Relocate Parks Dept 250,000                      ‐                          250,000                     Specific Assigned Reserves Civic Ctr Renovation‐Police 1,962,100                  ‐                          1,962,100                  Contribution to ISF ‐                             ‐                          ‐                             Fire Equipment Replacement 600,000                      ‐                          600,000                     Unassigned29,885,877                9,806,915           (2,166,897)    7,640,019              37,525,896               Unassigned‐Unrealized Gains (2,197,354)                 ‐                          (2,197,354)                Unassigned (Available)32,083,231                39,723,250               TOTAL RESERVES 109,165,026              9,806,915           (11,973,811)  (2,166,896)            106,998,130             4.8.b Packet Pg. 119 At t a c h m e n t : 2 . G e n e r a l F u n d R e s e r v e s , F i s c a l Y e a r 2 0 1 6 - 1 7 Q u a r t e r 1 ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) RESOLUTION NO. - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE CITY OF DUBLIN POSITION ALLOCATION PLAN FOR FISCAL YEAR 2016-2017 WHEREAS, at the Budget Hearing on June 7, 2016, the City Council adopted the position allocation plan for Fiscal Year 2016-2017; and WHEREAS, it is necessary to periodically amend and update the Position Allocation Plan; and WHEREAS, an updated Position Allocation Plan for Fiscal Year 2016-2017 (Exhibit A) is attached reflecting the following changes: DEPARTMENT CHANGE Administrative Services Finance Technician II Decrease 0.75 Finance Technician I Increase 1.00 NOW, THEREFORE, BE IT RESOLVED that the City Council approved the updated Position Allocation Plan for Fiscal Year 2016-2017 as attached. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016. AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.8.c Packet Pg. 120 At t a c h m e n t : 3 . R e s o l u t i o n A m e n d i n g t h e C i t y o f D u b l i n P o s i t i o n A l l o c a t i o n P l a n ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A CITY POSITIONS Department / Classification Adopted 2016-17 Update 2016-17 Change City Manager City Manager 1.00 1.00 Assistant City Manager 1.00 1.00 Assistant to the City Manager 0.34 0.34 Executive Aide 1.00 1.00 Senior Office Assistant 1.00 1.00 Total 4.34 4.34 City Clerk City Clerk/Records Manager 1.00 1.00 Deputy City Clerk 1.00 1.00 Office Assistant I (2Yr Limited Term)1.00 1.00 Total 3.00 3.00 Human Resources Human Resources Director 1.00 1.00 Management Analyst II 1.00 1.00 Senior Office Assistant 0.50 0.50 Total 2.50 2.50 Administrative Services Administrative Services Director 1.00 1.00 Accountant 1.00 1.00 Administrative Technician 1.00 1.00 Asst. Admin. Services Dir./Budget 1.00 1.00 Finance Technician I 1.00 1.00 Finance Technician II 1.75 1.00 (0.75) Financial Analyst 1.00 1.00 GIS Coordinator 1.00 1.00 Information Systems Manager 1.00 1.00 Information Systems Technician I/II 2.00 2.00 Senior Account 1.00 1.00 Total 11.75 12.00 0.25 Non-Departmental Assistant to the City Manager 0.66 0.66 Total 0.66 0.66 Economic Development Economic Dev Dir/PIO 1.00 1.00 Management Analyst I 1.00 1.00 Management Analyst II 1.00 1.00 Senior Office Assistant 0.50 0.50 Total 3.50 3.50 4.8.d Packet Pg. 121 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A CITY POSITIONS Department / Classification Adopted 2016-17 Update 2016-17 Change Community Development Community Development Director 1.00 1.00 Administrative Aide 1.00 1.00 Administrative Technician 1.00 1.00 Assistant Planner 1.00 1.00 Associate Planner 1.00 1.00 Asst. Director of Community Dev.1.00 1.00 Chief Building Official 1.00 1.00 Housing Specialist 1.00 1.00 Office Assistant II 2.45 2.45 Permit Technician 2.00 2.00 Plan Check Engineer 1.00 1.00 Principal Planner 1.00 1.00 Secretary 1.00 1.00 Senior Code Enforcement Officer 1.00 1.00 Senior Planner 1.00 1.00 Senior Planner (4 Yr Limited Term)1.00 1.00 Total 18.45 18.45 Fire Department Office Assistant II 1.00 1.00 Total 1.00 1.00 Police Department Administrative Aide 2.00 2.00 Office Assistant II 2.00 2.00 Total 4.00 4.00 Parks & Community Services Parks & Community Svcs Director 1.00 1.00 Administrative Technician 1.00 1.00 Asst. Parks & Comm Services Dir.1.00 1.00 Graphic Design & Comm Coordinator 1.00 1.00 Heritage & Cultural Arts Manager 1.00 1.00 Heritage Center Director 1.00 1.00 Management Analyst I 1.00 1.00 Office Assistant I/II 2.10 2.10 Parks & Comm Svcs Business Manager 1.00 1.00 Recreation Coordinator 6.00 6.00 Recreation Supervisor 5.00 5.00 Recreation Technician 2.00 2.00 Senior Office Assistant 2.00 2.00 Total 25.10 25.10 4.8.d Packet Pg. 122 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) FY 16-17 POSITION ALLOCATION PLAN UPDATE EXHIBIT A CITY POSITIONS Department / Classification Adopted 2016-17 Update 2016-17 Change Public Works Public Works Director 1.00 1.00 Administrative Aide 1.00 1.00 Assistant Civil Engineer 1.00 1.00 Assistant Public Works Dir/City Engineer 1.00 1.00 Associate Civil Engineer 1.00 1.00 Environmental Coordinator 1.00 1.00 Environmental Technician 1.00 1.00 Facilities Development Manager 1.00 1.00 Management Analyst II 1.00 1.00 Office Assistant II 1.45 1.45 Parks & Facilities Dev. Coordinator 1.00 1.00 Parks & Facilities Dev. Coordinator (Limited Term)1.00 1.00 Public Works Inspector 2.00 2.00 Public Works Manager (Maint)1.00 1.00 Public Works Trans/Ops Manager 1.00 1.00 Senior Civil Engineer 2.00 2.00 Senior Management Analyst Senior Office Assistant 1.00 1.00 Total 19.45 19.45 GRAND TOTAL - ALL CITY POSITIONS 93.75 94.00 0.25 4.8.d Packet Pg. 123 At t a c h m e n t : 4 . E x h i b i t A t o t h e R e s o l u t i o n ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount 6305.1901.72102 $5,300.00 6305.1901.72102 $20,000.00 ST0494.9100.9101 (St.Patrick Way)$657.19 ST0494.4309 (4309.9601.89101)- Transfers Out $657.19 3600.9601.49999 - Transfers In $657.19 ST1012.4309 (4309.9601.89101) Transfers Out $3,617.02 ST1012.4302 (4302.9601.89101) Transfers Out ($3,617.02) 1001.2701.64014 $6,818.00 1001.0000.41101 $905,876.00 12/6/2016 Posted By:Date: Utilization of mitigation funds collected for specific CIPs As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN FISCAL YEAR 2016-17 BUDGET CHANGE FORM ISF Equipment Fund - Non-Dept - Equipment-ISF Mitigation Fund -Street CIPs General Fund - Property Taxes - Current SecuredHigher than estimated property taxes City Council's Approval Required Replacement of police handheld radar units ($5,300) and network switches and firewall at the Civic Center ($20,000). Final animal control contract cost is higher than the preliminary submitted by the County General Fund - Animal Control - Animal Shelter Contract Services ATTACHMENT 4 G:\Budget Changes\9_2016-17\CC Approval\10_Q1 Budget Adj_120616 10_Q1 Budget Adj_120616 4.8.e Packet Pg. 124 At t a c h m e n t : 5 . B u d g e t C h a n g e F o r m ( 1 2 4 4 : F i s c a l Y e a r 2 0 1 6 - 1 7 1 s t Q u a r t e r F i n a n c i a l R e v i e w ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Notice of Pending Decision on Final Maps for Tract 8306, Tract 8307, and Tract 8308 Prepared by: Andrew Russell, City Engineer EXECUTIVE SUMMARY: In accordance with Chapter 9.24.80 of the Dublin Municipal Code, the City Council is hereby notified of the City Engineer’s pending approval of the Final Maps for Tract 8306, Tract 8307, and Tract 8308, located at the Boulevard development on Camp Parks, within the Dublin Crossing Specific Plan Area. The City Engineer shall approve the Final Map within 10 days following this notification. STAFF RECOMMENDATION: Receive the notification. FINANCIAL IMPACT: None. DESCRIPTION: In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the following: ☐ City Engineer’s receipt of the following Final Map(s) for review: ☒ City Engineer’s pending decision on the following Final Map(s): Tract Location Developer Number of Units/Lots Type Proposed Decision 8306 Boulevard (Dublin Crossing) CalAtlantic Group Inc. 169 Units on 22 Lots Condominium Approve 8307 Boulevard (Dublin Crossing) Brookfield Wilshire, LLC 75 Units on 10 Lots Condominium Approve 8308 Boulevard (Dublin Crossing) Brookfield Bay Area Holdings, LLC 45 Units on 45 Lots Single-Family Detached Approve 4.9 Packet Pg. 125 Page 2 of 2 The developer, via communication dated November 30, 2016 to the City Engineer, has agreed to continue to pursue the formation of a Community Facilities District (CFD) for services for the entire Dublin Crossing Specific Plan area, including the areas within the final maps listed above. The CFD for services will fund the City of Dublin ownership and maintenance of public street lights and public street median landscaping. ATTACHMENTS: 1. Copy of Final Map for Tract 8306 2. Copy of Final Map for Tract 8307 3. Copy of Final Map for Tract 8308 4.9 Packet Pg. 126 4.9.a Packet Pg. 127 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 128 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 129 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 130 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 131 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 132 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.a Packet Pg. 133 At t a c h m e n t : 1 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 6 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 134 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 135 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 136 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 137 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 138 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.b Packet Pg. 139 At t a c h m e n t : 2 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 7 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.c Packet Pg. 140 At t a c h m e n t : 3 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 8 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.c Packet Pg. 141 At t a c h m e n t : 3 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 8 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.c Packet Pg. 142 At t a c h m e n t : 3 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 8 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.c Packet Pg. 143 At t a c h m e n t : 3 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 8 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) 4.9.c Packet Pg. 144 At t a c h m e n t : 3 . C o p y o f F i n a l M a p f o r T r a c t 8 3 0 8 ( 1 2 0 0 : N o t i c e o f P e n d i n g D e c i s i o n o n F i n a l M a p s f o r T r a c t 8 3 0 6 , T r a c t 8 3 0 7 , a n d T r a c t 8 3 0 8 ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Adoption of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: John D. Bakker, City Attorney EXECUTIVE SUMMARY: The City Council will consider adoption of an ordinance amending the City of Dublin Conflict of Interest Code. This is the second reading of this ordinance. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code. FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act prohibits certain public officials from being involved in decision- making that will have an impact on their private financial interests. In addition, it requires certain public officials to file a Statement of Economic Interests publicly disclosing their private financial interests. The Act also makes the City responsible for adopting a Conflict of Interest Code identifying those positions that must file Statements of Economic Interest. The Act requires the City to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Gov. Code, § 87306.5). The City’s Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s Code identifies all positions within the City that participate in the making of governmental decisions. These designated positions are required to disclose certain financial interests under state law. The last amendments to the City’s Code were adopted on December 2, 2014. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the 4.10 Packet Pg. 145 Page 2 of 3 Code are necessary and notify the City Council whether or not such amendments are required. (See Gov. Code, §§ 82011(c), 87306.5.) On November 15, 2016, Staff presented, and the City Council introduced an ordinance that would make the following changes to Chapter 2.24: 1. Replace Chapter 2.24 of the Dublin Municipal Code in its entirety with a new Chapter 2.24 that incorporates by reference the terms and provisions of the Fair Political Practices Commission’s model Conflict of Interest Code (FPPC Reg., § 18730). 2. Amend Section 2.24.020 of the Conflict of Interest Code entitled, “Designated Positions,” to add twelve City positions that have been determined by Staff to “make or participate in the making of governmental decisions.” These positions (and the associated disclosure categories) are: a. Administrative Services Director/Director of Finance (disclosure category 3) b. Associate Civil Engineer (disclosure category 1) c. Code Enforcement Officer (disclosure category 1) d. Environmental Coordinator (disclosure category 1) e. Housing Specialist (disclosure category 1) f. Recreation Supervisor (disclosure category 2, 3) g. Senior Management Analyst (disclosure category 3) h. Senior Civil Engineer (disclosure category 1) i. Senior Code Enforcement Officer (disclosure category 1) j. Senior Plan Checker (disclosure category 1) k. Senior Planner (disclosure category 1) 3. Remove from the “Designated Positions” list the City positions that have been determined by Staff to not “make or participate in the making of governmental decisions.” These positions are: a. Budget Manager b. Finance Manager c. Parks and Community Services Manager d. Special Projects Manager 4. Amend the Disclosure Category assigned to the position, Assistant Administrative Services Director/Budget, from 1 to 3. This position does not participate in decisions affecting real property and therefore should not be required to disclose interests in real property under Disclosure Category 1. 5. Amend Section 2.24.030 entitled, Disclosure statements, by deleting Disclosure Categories 4, 5, and 6. No designated positions are assigned to any of these three Disclosure Categories. The City’s amended code will not be effective until it has been adopted by the City Council. (See Gov. Code § 87303.) 4.10 Packet Pg. 146 Page 3 of 3 Staff recommends that the City Council waive the reading and adopt the ordinance amending the Conflict of Interest Code consistent with the changes described above. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Not required. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code 4.10 Packet Pg. 147 ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.24 of the Dublin Municipal Code is hereby deleted in its entirety and replaced with a new Chapter 2.24 to read as follows: 2.24.010 Purpose. Pursuant to the provisions of Government Code Sections 87300, et seq., the following provisions constitute the Conflict of Interest Code for the City of Dublin. Nothing contained herein is intended to modify or abridge the provisions of the Political Reform Act of 1974, as amended (Government Code Section 81000 et seq.). The provisions of this Code are additional to Government Code Section 87100 et seq., and other laws pertaining to conflicts of interest. 2.24.015 Incorporation of Model Code. The terms and provisions of 2 California Code of Regulations Section 18730 and any amendments to it, duly adopted by the Fair Political Practices Commission, are hereby incorporated herein by reference. 2.24.020 Designated Positions. The positions listed in this Section 2.24.020 are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official. Designated Position Disclosure Category Administrative Services Director/Director of Finance 3 4.10.a Packet Pg. 148 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ’ s C o n f l i c t o f I n t e r e s t C o d e ( 1 2 4 6 : C O I Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks & Community Services 2,3 Associate Civil Engineer 1 Chief Building Official 1 City Clerk/Records Manager 3 City Engineer 1 Code Enforcement Officer 1 Community Development Director 1 “Consultant”* as defined in FPPC Reg. sect. 18700.3 1 Economic Development Director/Public Information Officer 1 Environmental Coordinator 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Resources Director 3 Information Services Manager 3 Parks & Community Services Director 1 Plan Check Engineer 1 Planning Manager 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Transportation and Operations Manager 1 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Building Inspector 1 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Plan Checker 1 Senior Planner 1 4.10.a Packet Pg. 149 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ’ s C o n f l i c t o f I n t e r e s t C o d e ( 1 2 4 6 : C O I *Consultants/New Positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. (Gov. Code Section 81008.) 2.24.030 Disclosure statements. Designated positions shall be assigned to one (1) or more disclosure categories set forth in this section. The disclosure categories shall be specifically described as set forth in this section. Each employee or officer holding a designated position shall file statements disclosing that employee’s or officer’s interests in investments, real property, income and positions of management designated as reportable under the category to which the employee’s or officer’s position is assigned at the time, place and in the manner as hereinafter provided. A. Disclosure Category 1. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city; and investments and business positions in business entities, and income, including loans, gifts, and travel payments. B. Disclosure Category 2. Interests in real property located within the city or within two (2) miles of the boundaries of the city or within two (2) miles of any land owned or used by the city. C. Disclosure Category 3. Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the city. Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. 4.10.a Packet Pg. 150 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ’ s C o n f l i c t o f I n t e r e s t C o d e ( 1 2 4 6 : C O I Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ Caroline Soto, City Clerk 4.10.a Packet Pg. 151 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ’ s C o n f l i c t o f I n t e r e s t C o d e ( 1 2 4 6 : C O I Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: City Council Chamber Renovations Prepared by: Hazel L. Wetherford, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving a budget change to the Civic Center Modification Design & Construction Project (CIP No. GI4099) based on updated construction cost estimates for the City Council chamber renovations, approve a related amendment to the Swatt I Miers contract for design work, and authorize the City Manager to purchase furniture. STAFF RECOMMENDATION: 1) Approve a budget change for the Civic Center Modification Design & Construction Project (CIP No. GI4099); 2) Adopt the Resolution Approving an Amendment to the Consulting Services Agreement with Swatt I Miers Architects for Design Services for the Civic Center Modification Design & Construction Project; and 3) Adopt a Resolution Authorizing the City Manager to Purchase Furniture for the Civic Center Modification Design & Construction Project. FINANCIAL IMPACT: Cost estimates for the project have been refined and exceed the current project budget. For the design work, the existing Agreement with Swatt I Miers Architects is for a not-to- exceed amount of $69,940. This Amendment and related budget change will increase the Agreement by $16,000 for a not-to-exceed amount of $85,940. The construction costs are estimated to be $122,000 more than what was budgeted in 2014, for a total construction budget of approximately $377,000. In addition, Staff is recommending other improvements to the Chamber in the amount of $150,000. A budget change will be required and sufficient funds are available in the Cable TV Facilities Fund to cover the adjustments to the project budget. DESCRIPTION: 4.11 Packet Pg. 152 Page 2 of 2 On November 4, 2014, the City Council appropriated $325,000 in funding to the Civic Center Modification Design & Construction Project (CIP No. GI4099) for the City Council Chamber renovation work. Following that appropriation, the City conducted an RFP process and selected Swatt I Miers Architects for the design services on October 6, 2015. Swatt’s design services were for a not-to-exceed amount of $69,940. The Agreement with Swatt was subsequently extended by the City Council on September 20, 2016 through the end of this fiscal year. Swatt has refined the scope of work for the project and has included upgrades to the audio/visual and lighting, changes to the dais, replacement of the public podium and modifications to the staff podium. Additionally, the scope includes changes to the wall and ceiling finishes for acoustical and aesthetic needs. In light of the other improvements being made, Staff determined that it would be an appropriate time to also make other updates to the City Council Chamber to improve its visual appeal for televised City Council meetings. Staff is recommending an increase to the project budget to purchase new auditorium seating, replace the carpeting and related carpentry work. The purchases would be made in compliance with the City Municipal Code, including the requirements for competitive bidding. Staff is recommending that the City Council give the City Manager the authority, up to $100,000, to make the auditorium seating purchase via a cooperative purchasing agreement (such as that offered through the National Joint Powers Alliance). In summary, Staff is seeking to amend the project budget by $288,000 to cover the construction estimate ($122,000), new proposed improvements to the Chamber by Staff ($150,000), as well as additional design work ($16,000) by Swatt for the refined scope and proposed new improvements. Should the City Council approve the requested amendments and authorization to the City Manager, it is expected that new proposed improvements would be complete prior to the summer break. The upgrades to the audio/visual and lighting, changes to the dais, replacement of the public podium and modifications to the staff podium, as well as wall and ceiling finishes would occur most likely during the summer break period. NOTICING REQUIREMENTS/PUBLIC OUTREACH: ATTACHMENTS: 1. Resolution Approving an Amendment to the Consulting Services Agreement with Swatt I Miers Architects 2. Exhibit A to the Resolution - Second Amendment to the Consulting Services Agreement with Swatt I Miers Architects 3. Resolution Authorizing the City Manager to Purchase Furniture for the Civic Center Modification Design & Construction Project 4. Budget Change Form 4.11 Packet Pg. 153 RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH SWATT I MIERS ARCHITECTS FOR DESIGN SERVICES FOR THE CIVIC CENTER MODIFICATION DESIGN & CONSTRUCTION PROJECT WHEREAS, on October 6, 2015, the City entered into a Consulting Services Agreement with Swatt I Miers Architects to provide design services for the Civic Center Modification Design & Construction Project (GI4099); and WHEREAS, on September 20, 2016, the City Council approved a First Amendment with Swatt I Miers Architects to extend the term of the Agreement to June 30, 2017; and WHEREAS, the existing Agreement with Swatt I Miers Architects is $69,940, and Staff is seeking City Council approval to increase the existing Agreement by $16,000 to cover reconfiguration of the project and additional design work for a total not to exceed amount of $85,940. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to the Consulting Services Agreement between the City of Dublin and Swatt I Miers Architects for design services for the Civic Center Modification Design & Construction Project (GI4099); and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendment, attached hereto as Exhibit A to this Resolution, in substantially the form attached with such changes as are deemed appropriate by the City Manager. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.11.a Packet Pg. 154 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a n A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h S w a t t I M i e r s A r c h i t e c t s ( 1 1 8 9 : C o u n c i l SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND SWATTǀMIERS ARCHITECTS WHEREAS, on October 6, 2015, the City of Dublin (“CITY”) and SwattIMiers Architects (“Consultant”) entered into a Consultant Services Agreement (“Agreement”); and WHEREAS, on September 20, 2016, the City entered into a First Amendment to extend the Term of Services until June 30, 2017; and WHEREAS, the City and Consultant mutually desire to increase Compensation to a sum not to exceed Eight-five Thousand Nine Hundred Forty dollars ($85,940), which is an increase of Sixteen Thousand dollars ($16,000) from the initial Agreement dated October 6, 2015. NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1) Section 2. Compensation shall be rescinded in its entirety and replaced with the following: 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Eight-five Thousand Nine Hundred Forty dollars ($85,940), notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2) Except to the extent inconsistent with this Second Amendment, City and Consultant ratify and confirm all of the terms and conditions of the Agreement and its First Amendment. 3) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 4.11.b Packet Pg. 155 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - S e c o n d A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h S w a t t I M i e r s A r c h i t e c t s ( 1 1 8 9 : 4.11.b Packet Pg. 156 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - S e c o n d A m e n d m e n t t o t h e C o n s u l t i n g S e r v i c e s A g r e e m e n t RESOLUTION NO. XX-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AUTHORIZING THE CITY MANAGER TO PURCHASE FURNITURE FOR THE CIVIC CENTER MODIFICATION DESIGN & CONSTRUCTION PROJECT WHEREAS, the Civic Center Modification Design & Construction Project (GI4099) includes the purchase of new furniture; and WHEREAS, the City seeks to procure furniture outside of construction contracts where it makes financial and operational sense to do so; and WHEREAS, the City Manager’s purchasing authority for general services, supplies, and equipment is limited to less than $45,000; and WHEREAS, the purchase of auditorium seating for the Project will exceed the City Manager’s purchasing authority. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to purchase furniture for the Civic Center Modification Design & Construction Project (GI4099) up to $100,000. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ______________________________ City Clerk 4.11.c Packet Pg. 157 At t a c h m e n t : 3 . R e s o l u t i o n A u t h o r i z i n g t h e C i t y M a n a g e r t o P u r c h a s e F u r n i t u r e f o r t h e C i v i c C e n t e r M o d i f i c a t i o n D e s i g n & C o n s t r u c t i o n P r o j e c t Budget Change Reference #: From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other Account Amount Account Amount GI4099.9200.9201 - Contract Services General $16,000 GI4099.9400.9401 - Improvements - Not Bldg $272,000 3300.9301.49999 (Transfers In)$288,000 GI4099.2811 (2811.9301.89101) - Transfers Out $288,000 12/6/2016 Posted By:Date: As Presented at the City Council Meeting **********Finance Use Only********** CITY OF DUBLIN Increase in Swatt I Miers Architects consulting services cost due to change in scope of services and additional renovation work to the Council Chamber REASON FOR BUDGET CHANGE FISCAL YEAR 2016-17 BUDGET CHANGE FORM DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT EXP: Cable TV Facilities Fund - General Improve. - Civic Center ModificationFund - Program - Account Description City Council's Approval Required G:\Budget Changes\9_2016-17\CC Approval\08_gi4099 CC Chamber Mod_120616 08_gi4099 CC Chamber Mod_120616 4.11.d Packet Pg. 158 At t a c h m e n t : 4 . B u d g e t C h a n g e F o r m ( 1 1 8 9 : C o u n c i l C h a m b e r R e n o v a t i o n P r o j e c t ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Downtown Development Pool Implementation Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider options related to the implementation of the City's Downtown Development Pool. This item is being brought back to the City Council at their request. STAFF RECOMMENDATION: Consider the options presented and provide direction to Staff. FINANCIAL IMPACT: None DESCRIPTION: The City of Dublin, as part of the Downtown Dublin Specific Plan, holds a Development Pool of units and square footage to allocate within the Plan area. Currently, Staff presents a letter request to the City Council from the applicant to make a reservation of residential units or square footage from the Development Pool. The report would typically include an initial offer related to the Community Benefit for the project. The City Council is then asked to “reserve” units or square footage from the Development Pool for that project for a period of time in order to give the applicant some certainty that the units or square footage will be there when their project is formally presented to the Planning Commission for review. This is a practice and not an adopted policy of the City Council. The practice has been in place now for five years and Staff has found that there are some challenges. First, the City Council, in its review of past potential projects, has found that there is very little information to help guide their decision in the reservation of units or commercial square footage. Two, the reservation of units or square footage 5.1 Packet Pg. 159 Page 2 of 2 was designed for a time when the City Council would be challenged to allocate a limited number of units/sf left in the Pool. At this time, that is not an issue. Staff is seeking direction on the practice and offers up the following options and Staff recommendations for the City Council’s consideration: 1. Keep the current practice Staff does not recommend maintaining the existing practice at this time. Certainly, as the Plan area builds out, Staff would recommend a more deliberate process to evaluate requests for units/sf. 2. Modify the reservation process Staff recommends a modification to the existing practice. Staff would like an opportunity to further refine the requests in order to present a more detailed proposal for the City Council’s consideration. Staff would recommend the use of the Study Session process once Staff believes that an applicant’s proposal is appropriate to seek feedback (ie. Initial design and site plan as a basic requirement). This would typically take between three to six months from initial preliminary application. This Study Session will also include the options for Community Benefit for the City Council’s consideration. The City Council can, at that time, direct Staff to continue or discontinue work on the project. All costs associated with the preliminary review will be borne by the applicant. 3. Eliminate the reservation process entirely Because this is a practice and not a policy, the City Council could eliminate the reservation process entirely. Staff believes that this option is less desirable than Option 2, as it would be challenging to a prospective applicant to invest the time and resources into full-blown project plans. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 5.1 Packet Pg. 160 1670 None. Page 1 5.1.a Packet Pg. 161 At t a c h m e n t : N o n e . ( 1 2 4 7 : D e v e l o p m e n t P o o l ) STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of Appointments the Fiscal Sustainability Task Force Prepared by: Jay Baksa, Financial Analyst EXECUTIVE SUMMARY: The City Council will consider appointments, recommended by Staff, to the Fiscal Sustainability Task Force. The purpose of the Task Force to educate the public on city finance and the City of Dublin’s current and projected financial status and produce an advisory document with options for the City Council to consider in future budget cycles. Because the City received a significant response, Staff is recommending the appointment of the seven members and four alternates. STAFF RECOMMENDATION: Appoint seven members and four alternates to the Fiscal Sustainability Task Force, as recommended by Staff. FINANCIAL IMPACT: The cost to administer the Ad Hoc Fiscal Sustainability Task Force (Task Force) can be accommodated within the Fiscal Year 2016-17 Adopted Budget. DESCRIPTION: At its November 1, 2016 meeting, the City Council approved the formation of an Ad Hoc Fiscal Sustainability Task Force and directed Staff to solicit applications from interested Dublin citizens and business owners, and to recommend seven members and two alternates for appointment to the Task Force by the Mayor at the December 6 City Council Meeting. On November 2, 2016, Staff posted information about the Task Force on the City’s website, which included an online application process, and placed a news flash on the City of Dublin home page. On November 3, an e-mail was sent out to the City’s email subscribers. In addition to offering the online application, Staff made paper applications available at the Dublin Library, Senior Center and Civic Center. Page 1 of 2 Applications were accepted from November 2 through November 18. A total of 27 applications were received within the filing deadline (Attachment 1). Applications were reviewed by Staff and given the quality and experience of the applicants, Staff is recommending a total of 11 persons to serve, seven as members and four as alternates, rather than the two alternates originally stated. Members will not be allowed to miss more than two meetings during the one year review. Alternates will also not be allowed to miss more than two meetings and will participate in the discussions. Alternates will become members in the order listed in this Staff Report, if the City Council concurs with the Staff recommendation. The objective of the member and alternate model is to ensure that the City Council receives a report and recommendations that is consistent and supported by a seven member panel. The selection of seven members and alternates to be recommended for appointment to the Task Force are as follows: Members 1. Chih chi Chu 2. Jean Josey 3. George Zika 4. Dan Mendoza 5. Jason Canapp 6. Mike Grant 7. Kristian Reyes Alternates 1. Matthew Lopez 2. Ravi Banda 3. Joe Washington 4. Rebecca Mammen NOTICING REQUIREMENTS/PUBLIC OUTREACH: All applicants received notice and the availability to the Staff Report. ATTACHMENTS: 1. Applications Page 2 of 2 James Ketner Engineer Why are you interested in serving on the Fiscal Sustainability Task Force? I have a deep devotion for our city and the progressive development of a balanced community. Please list any affiliations or memberships with community organizations and/or business. AT&T Supplier Diversity Woman of AT&T AT&T Pioneers Dublin PD Community Officer What knowledge do you have of finance and/or governmental finance? I have dealt in both personal business and governmental financial agreements for multiple counties with the restrictions and or addendum tied to the contracts What do you believe are the key challenges facing the City of Dublin? Community is the biggest challenge. Ensuring that Dublin is not just seen as a transitional city but one that families want to raise their children in, or ones that want to retire in What is your perception/knowledge of the City of Dublin's current and future fiscal status? I understand it while not agree with it. I believe our city council and mayor will have to address, but very familiar with our fisical state 7.1.a Packet Pg. 164 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Chih chi Chu County Investment Staff Why are you interested in serving on the Fiscal Sustainability Task Force? This is an exciting great opportunity to learn the intricacy of balancing the long term fiscal budgets of the great city of Dublin. My background in local municipality, finance, accounting, and communications will enable me to contribute to this great cause. I am very impressed that the city is thinking about this now. To sum up, I view this opportunity not only to contribute but also to learn. Please list any affiliations or memberships with community organizations and/or business. Clerk and Executive Secretary, Dublin 2nd [Chinese Branch], The Church of Jesus Christ of Latter Day Saints Board Member (past), Community Advisory Board, San Ramon Regional Hospital Committee Member (past), Measure C Oversight Committee, San Ramo What knowledge do you have of finance and/or governmental finance? Currently I am in the investment staff at Contra Costa County Employees' Retirement Association, administering county's $7.6 billion pension for county's civil servants. During my 8+ years working here I've seen the plan's cash flows turn negative from positive. We presented a new investment structure to the board to address this problem and got approved to implement the plan. Prior to my current job I worked in the financial industry and corporate finance field for over 10 years. I graduated with Beta Gamma Sigma distinction from Columbia University's MBA program. I am also a CFA. I was in the JD program of John F Kennedy School of Law for one year and received Witkin Award (#1 in class) in the subject of Contracts. What do you believe are the key challenges facing the City of Dublin? Residents demanding high level of services which they are not willing to pay for is an universal challenge facing cities all over America. The anti-growth sentiment in any community also handcuff city's hands on getting the revenues it needs. Community outreach therefore is critical in that educating the public is as important as crunching the numbers to get the support the city needs to implement the necessary plans. What is your perception/knowledge of the City of Dublin's current and future fiscal status? I've seen tremendous growth in East Dublin with new immigrants and revitalization of Dublin downtown in Village Pwk and Amador. Dublin has transformed from a sleepy bedroom community to a destination center for jobs and commerce. BART has played an important role but so is the availability of land. 7.1.a Packet Pg. 165 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) From the city website I learned the current budget is fine but over the long term is not sustainable. I would be interested in learning more on what line items can be improved as well as other revenue options that can have meaningful help on the long term. 7.1.a Packet Pg. 166 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Jean Josey Tutor at Dublin High School Why are you interested in serving on the Fiscal Sustainability Task Force? I have felt for a long time that there should be a Fiscall Sustainability Commission in Dublin. I believe this should be a standing commission similar to our other advisory commissions. With the turbulent financial times ahead, it is crucial that the City Council and city staff have input from city stakeholders concerning budgetary decisions. Not only does this bring in fresh perspective, but it also adds an element of transparency that we have been accused of lacking in Dublin. I feel that I am uniquely qualified to be on this committee, as I have a history of attending City Council meetings and have a firm grasp on the financial issues currently facing Dublin. In addition, I have a strong background in and understanding of budgetary issues, both at the state level and at the local level. Please list any affiliations or memberships with community organizations and/or business. I am on the Dublin Unified School District's (DUSD) Fiscal Advisory Committee, the DUSD Local Contral Advisory Committee, and several other committees for the school district. I was a volunteer for the DUSD for 12 years before I became an employee. As part of my volunteer efforts, I ran large fundraising events (such as chairing the Wells Crab Feed for 2 years) where I had to balance budgets. My current job is tutoring high school students in math, physics, and English. What knowledge do you have of finance and/or governmental finance? Having served on the Dublin Unified School District's Fiscal Advisory Committee for a number of years (not sure how many - 8?), and the Local Control Advisory Committee, I have a very good understanding of the State of California's budgetary process. In addition, I was campaign chairperson for a local Parcel Tax Measure (School Parel tax in Dublin) and more recently on the Bond Campaign Committee for Measure B (school construction bond in Dublin). Previously, I have been the treasurer for both Dublin Elementary School PFC and Wells Middle School PFC. What do you believe are the key challenges facing the City of Dublin? We are projected to have a budget shortfall within the next 10 years. We are still growing rapidly, particularly on the East Side, and yet developer revenue is starting to flatten. We need to figure out how to continue to provide services to our growing number of residents with shrinking per/capita revenues. 7.1.a Packet Pg. 167 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Infrastructure is a key issue (traffic, parking, transportation for students, fire and police services), along with attracting businesses that will thrive in Dublin. What is your perception/knowledge of the City of Dublin's current and future fiscal status? By understanding is that currently we have a positive ending fund balance, but that within the next 10 years, we will be at deficit spending. Our financial picture is a little better than was projected, mostly due to the fact that we had so many personnel vacancies during this fiscal year, but that only kicked the can down the road slightly. We must figure out a way to increase revenues and decrease spending in order to remain fiscally sound in the next few years and weather any future economic down-turns. 7.1.a Packet Pg. 168 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Steve Kau Accountant Why are you interested in serving on the Fiscal Sustainability Task Force? To serve the local community. Please list any affiliations or memberships with community organizations and/or business. Dublin Chamber of Commerce. What knowledge do you have of finance and/or governmental finance? I work with business in budgeting, forecasting, reviewing historical data and being proactive in coming up with solutions for anticipated issues. What do you believe are the key challenges facing the City of Dublin? The growing population, the maintenance of the quality of services and the impending shortfall of the city budget. What is your perception/knowledge of the City of Dublin's current and future fiscal status? The city has weathered the storm in the bad economic times and is currently is a good place. However, there is an anticipated fiscal shortage coming up that needs a solution or solutions. 7.1.a Packet Pg. 169 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) GEORGE ZIKA RETIRED Why are you interested in serving on the Fiscal Sustainability Task Force? I believe I have the knowledge, skills and ability to fulfil the purpose of this task force, educate the public about the City's current and projected financial status. I also have several suggestions that may produce additional revenue that may reduce the projected deficit. The City has historically never had a deficit and I do not believe we should start building a deficit. I believe we should produce cross benefit studies for each major program and suggest where programs can be modified or cancelled based on these cost benefit studies. I believe my 33years with GAO, eight years on the City Council make me uniquely qualified to serve on this Task Force. Please list any affiliations or memberships with community organizations and/or business. Dublin Senior Foundation Treasurer Dublin Lions CLub Chamber of Commerce Ambassador What knowledge do you have of finance and/or governmental finance? I have spent most of my life working in the finance of Federal, State, and local Government. I am familiar with the various sources of funds at the federal and state level as well as the fact that many of these funds have restrictions. I spent 33 years working for GAO (General Accounting Office) reviewing the sources and uses of funds. Eight years on the Dublin City Council and we had a surplus every year. I have a reputation for being careful with my and other peoples money. What do you believe are the key challenges facing the City of Dublin? As it relates to the task force, the city needs make every effort to increase the sales tax revenue and reduce its dependence on Property Taxes. This means the city must reduce the jobs housing balance from more housing to more jobs. The City should also make every effort to attract sales tax producing businesses with minimal effect on traffic. What is your perception/knowledge of the City of Dublin's current and future fiscal status? I believe the city has to encourage revenue producing businesses coming to the city. Property taxes can only increase at the rate of 2 percent a year while the cities expenses appear to increase at a much greater rate. Therefore, the Task Force should explore sources of revenue that can cover the expected increases in expenses. The Task Force should also explore possible service reductions as alternatives. 7.1.a Packet Pg. 170 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Eric Wan Business Systems Analyst at Salesforce.com Why are you interested in serving on the Fiscal Sustainability Task Force? I am passionate about enriching this community and elevating the standard of living and way of life in Dublin/Tri-Valley. With Fiscal responsibility comes the opportunity to enrich the community in other ways, environmentally, culturally, arts, education, entertainment, etc. I am a firm believer in building a local economy here in Dublin, so that they can be self-sustaining and not rely on other areas of the bay area to provide jobs. Dublin is currently too residential and requires most of it's residents to commute elsewhere for work. Most residents are having to commute to job/economic hubs like San Francisco and Mountain View. Instead, we need to be generating more high income jobs in Dublin, especially with the growth and development opportunity available to us. Unfortunately, I've seen Dublin primarily grow into a residential and local retail economy. It doesn't bring in external revenue or sales tax from other regions nor countries. Instead, the economy is being driven by it's residents having to commute and bring in income revenue from other cities that provide jobs. There are not too many high income jobs in Dublin, nor is there an incubator for entrepreneurs and high skilled labor here. We cannot just rely off property tax and retail sales tax revenue. This model has proven to fail in Orange County. We need to be bringing in revenue from external sources. The world should be coming to us and spending money. Not our residents finding sources of revenue elsewhere and bringing it back home. I work for the Finance department for Salesforce under the office of the CFO, for the past 5+ years as a Business Analyst. Through my entire career, I've learned the art of increasing revenue and managing expenses. Please list any affiliations or memberships with community organizations and/or business. I am bi-partisan and do not have any special interests driving my desire to assist with Dublin's financial sustainability. My motivation is to improve the community I live in, give back to my community, influence the community, and also learn and be involved along the process for my own self and career growth. What knowledge do you have of finance and/or governmental finance? I have worked under the office of the CFO for various private and non-profit companies for 15+ years, primarily focused on Purchasing, Expense, AP, AR, Payroll, Financial Planning and Budgeting, and reporting. What do you believe are the key challenges facing the City of Dublin? See my comments in the first question. What is your perception/knowledge of the City of Dublin's current and future fiscal status? 7.1.a Packet Pg. 171 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) I am aware that the largest sales tax revenue is currently coming primarily from the auto dealerships and that we have some savy financial planners in the past to keep the city's budget in the green. However, we can be learning from our more successful neighboring cities. 7.1.a Packet Pg. 172 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Dan Mendoza Fire sprinkler contractor Why are you interested in serving on the Fiscal Sustainability Task Force? Have lived in city for 19 years and heavily involved in youth sports. Interested in assisting in evaluating and discussing what needs to be down to keep our city fiscally sound. Please list any affiliations or memberships with community organizations and/or business. President of Dublin United Soccer, current term through December 2017. What knowledge do you have of finance and/or governmental finance? Have owned small business or ran small business for 20 years and have been in charge of all financial decisions. Have extensive background in fire department budget discussions as well as city permit fee evaluation and budgeting. Have participated in city ordinance implimantation for several cities fire departments. What do you believe are the key challenges facing the City of Dublin? Budget deficit Balance between growth and revenue Political climate due to recent growth and growing pains associated with that. What is your perception/knowledge of the City of Dublin's current and future fiscal status? Currently stable but potential deficit in 2020 7.1.a Packet Pg. 173 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Kimberley Flickner Director of Operations Why are you interested in serving on the Fiscal Sustainability Task Force? I grew up in Dublin and returned to Dublin to raise my family. I see such potential in Dublin, and want to work to see that fully realized. I want there to see sustained growth, with fiscally responsible decisions. I would like to educate owners on the future vision of the city, as well as provide an understanding what that means and how that needs to happen. Please list any affiliations or memberships with community organizations and/or business. I have been a community association manager for 10 years. I am finishing up obtaining my master's certification from the California Association of Community Managers. What knowledge do you have of finance and/or governmental finance? I am responsible for overseeing the finances for 10 community association's, doing monthly analysis and preparing the operating budget monthly. What do you believe are the key challenges facing the City of Dublin? Standing out in the Tri Valley. Being the City that people want to move to, not move to because "its cheaper than San Ramon". Promote a strong sense of Community is important. The more people are happy with the City, the more they embrace the City, the bigger draw there is to not only move here, but to participate and promote activities that provide a revenue source for the City. What is your perception/knowledge of the City of Dublin's current and future fiscal status? I am often on the City site reading whatever is available. I paid particular attention to the financial information in this posting which made me want to step forward. 7.1.a Packet Pg. 174 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Karina Abreckov Accounting Why are you interested in serving on the Fiscal Sustainability Task Force? I feel that that's an area that I can volunteer and contribute in. Please list any affiliations or memberships with community organizations and/or business. I don't think I have any What knowledge do you have of finance and/or governmental finance? I have a business degree that required finance/accounting and government accounting classes. I have passed all the parts to the CPA exam and am on the way to officially become one. I have extensive and progressive experience in the accounting field. What do you believe are the key challenges facing the City of Dublin? I would say our growth rate. We are growing rapidly, which is great, but by the same token, we have to make sure we can keep up and we can continue to provide the necessary support and services to our community. What is your perception/knowledge of the City of Dublin's current and future fiscal status? I don't have much knowledge about the town's current financial position, but I am willing to learn about it and to try to help in evaluating it and coming up with ideas for improvements. 7.1.a Packet Pg. 175 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Chetan Patel Self Employed Why are you interested in serving on the Fiscal Sustainability Task Force? To really give input on what residents of Dublin think and want. I have small Handyman Business and i visit many homes and the talk always centers around How will City pay for the all services with this Uncontrollable Growth. Please list any affiliations or memberships with community organizations and/or business. CEO Of Surya Solar in Dublin(bought out by Solar Works) Partner in Greenleaf Solar In Dublin( bought out by EGG) Partner in Luminox What knowledge do you have of finance and/or governmental finance? I have run successful companies and sold for a higher Value. I have a BS in Finance and have worked as Financial Analyst for many years. I have no Knowledge of Government Finance, but I feel with my experience I can be a asset to the Board. What do you believe are the key challenges facing the City of Dublin? How to pay for the services with all the growth and Unfunded Pensions What is your perception/knowledge of the City of Dublin's current and future fiscal status? It is doing a a very good job and it is very progressive in making sure it does not fall into a trap of spending over its means, and a formation of board will help in not falling into the trap. 7.1.a Packet Pg. 176 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Ryan Lee Business Strategy and Analysis Why are you interested in serving on the Fiscal Sustainability Task Force? My family moved to Dublin a little over a year ago and we plan on living here for many years. I have vested interest in seeing my home city continue to a beautiful city that brought us here in the first place. I believe with my background in financial and business analysis can be of help. Please list any affiliations or memberships with community organizations and/or business. School of Imagination (Wife works there) What knowledge do you have of finance and/or governmental finance? I have 5+ years of Wall Street experience, specifically on analyzing financial strength of companies. After my time at Wall Street, I work as business analyst helping companies make the right planning and investment decisions. What do you believe are the key challenges facing the City of Dublin? Dublin has been receiving a huge influx of new residents over the past several years and this growth in city population will continue for a foreseeable future. Growing the infrastructure and communities to accommodate this population growth is one of the key challenges facing the City of Dublin. What is your perception/knowledge of the City of Dublin's current and future fiscal status? As a new resident, I do not have much knowledge about the Dublin's current fiscal status. I will quickly learn the current landscape of revenues and expenses to better assist in putting the city in a strong financial position. 7.1.a Packet Pg. 177 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Joseph Washington Coordinating Producer for CSN Bay Area Why are you interested in serving on the Fiscal Sustainability Task Force? I love living in this city and I'm interested in learning more about keeping it solvent and want to help any way I can. Please list any affiliations or memberships with community organizations and/or business. I have volunteered as a board member with the Dublin United Soccer League, I am an active volunteer and merit badge counselor for Dublin Boy Scout Troop 905. I am and have been a volunteer coach for the Jr. Warriors program for almost a decade. I don't have any affiliations with local businesses, except as a patron. What knowledge do you have of finance and/or governmental finance? I manage multi million dollar productions at work, deal with labor unions, league governing bodies on a regular basis. I have very little exposure to governmental finance but am very interested to learn more. What do you believe are the key challenges facing the City of Dublin? Managing growth, expenses, and generating enough income to keep services at levels that make this a great place to live. I think the city has done a terrific job in my 13 years of residence. What is your perception/knowledge of the City of Dublin's current and future fiscal status? Projections from June 2016 showed a General Fund deficit by Fiscal Year 2020-21 of $0.9 million, growing to $7.4 million by Fiscal Year 2024-25. At our current service levels, and with future facilities and community services, future expenditures will outpace future revenues. I have been to a few city council meetings including the one in June when they discussed this. There was also a group of people there who wanted more police officers. It was interesting to see just how much it costs to add a single officer to the cost formula. That is the extent of my knowledge but I hope to expand it greatly in service to our city. 7.1.a Packet Pg. 178 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Jason Canapp CEO Why are you interested in serving on the Fiscal Sustainability Task Force? Financial sustainability is crucial for one of the fastest growing cities in the country. Balancing the interests of residents, commercial entities, and NGOs is a difficult task in any jurisdiction. Doing so in Dublin will be especially difficult given the increased infrastructure demands, state resource constraints, and political willingness of a dynamic residential demographic. Crafting a 10-Year Financial Forecast and accompanying plans that remain flexible to shifting needs will be critical and will require the participation of individuals committed to both the short- and long-term financial health of the City while remaining attractive to residents, business, and other organizations. I am excited about the possibility of helping in this regard and being able to give back to the community that I have been honored to call home for the past two years. My family and I have grown to love this city and look forward to many more years here. Dublin is a fantastic place to live, work, play, and raise a family. I would very much like to see it remain so and only improve. Please list any affiliations or memberships with community organizations and/or business. Prior to moving to California, I had extensive experience working with local, state, and federal entities on community revitalization efforts. As the President of a volunteer-based community organization that encompassed more than 30,000 residents in Baltimore, I coordinated the efforts of government, universities, neighborhoods, business associations, and private developers in creating a 10-year community development strategy. The resulting plan, which was officially adopted by the City, addressed Housing and Neighborhood Revitalization, Commercial Revitalization, Open Space and Recreation, Transportation, Streetscapes, and Gateways, Public Safety, Public Services and Infrastructure, and Community Building. The plan was later amended and extended to include Education and Youth Development. I also served as a an appointed member of the Governor's Community Legacy Advisory Board (Maryland), Baltimore City Task Force on Supportive Group Homes, and on the Board of Directors of the Govans Economic Management Senate (Baltimore, MD) and the Northeast Development Alliance (Baltimore, MD). What knowledge do you have of finance and/or governmental finance? In the private sector, I have held positions as CEO, COO, Director, and business consultant. All of these roles have necessitated a significant amount of finance and budgeting effort and expertise. Prior to my work in the private sector, I served for more than a decade in government service at both the state and federal level (Maryland Governor's Office and U.S. Senate) working on issues related to strategic planning, government budgeting, capital planning, community development and crime control. 7.1.a Packet Pg. 179 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) What do you believe are the key challenges facing the City of Dublin? I believe the key challenge facing Dublin is to extract maximum benefit from growth opportunities while mitigating the negative effects associated with rapid growth. Identifying methods to encourage the development of mixed building types and uses, diverse housing and transportation options, further development (where possible) within existing neighborhoods, and community engagement will be an important part of the effort. Bridging the physical and increasingly cultural and socioeconomic divides will also be critical, as will working with all stakeholders (public and private) to emerge from the process in an improved position. All efforts will put a high demand on scarce resources and the community buy- in to resource allocation will be an important part of any fiscal sustainability effort, especially as existing sources of some revenues dissipate. What is your perception/knowledge of the City of Dublin's current and future fiscal status? In brief, the City has experienced strong growth in revenue, especially from development and associated funds. However, these revenues will not continue at the same rate and, as development plateaus, associated one-time revenues will cease to exist, placing a much larger burden on all other sustainable revenue sources. This will happen at the same time the enlarged community is demanding more from City resources. In the interest of maintaining a high-standard of living for social and economically beneficial effect, the City will need to be creative in readying itself financially and in finding solutions that will not erode the benefits the current leadership has worked so hard to secure. The good news is that it's achievable. 7.1.a Packet Pg. 180 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Lamar Mills Advertising Manager Why are you interested in serving on the Fiscal Sustainability Task Force? By serving on the Planning Commission, I aspire to build a stronger relationship with our elected officials and educate them on best planning practices as a resident, not a bureaucrat, and help planners “see things from the other side of the table”. Ultimately, being a voice for all communities within the City of Dublin, and helping them live a better quality of life will always be at the forefront of every decision. Please list any affiliations or memberships with community organizations and/or business. Not applicable. What knowledge do you have of finance and/or governmental finance? Finance has played a significant role in my professional career from planning multi-million dollar budgets to managing profit and loss statements. It has been my responsibility to seek new opportunities for revenue and identify areas of optimization to improve bottom-line net income. What do you believe are the key challenges facing the City of Dublin? The construction of excellent amenities in our community was a result of high growth in recent years. But as this growth flattens, we need to ensure these projects and services are sufficiently maintained so they do not become financial burden in the long-term. Sites such as the Aquatic Center at Emerald Glen Park and the new Sports Complex are among these projects. What is your perception/knowledge of the City of Dublin's current and future fiscal status? The 2015-16 Fiscal Year indicated an operating budget surplus; however, a General Fund deficit is anticipated by Fiscal Year 2020-21 and will continue to grow significantly in years thereafter. Strategic thought leadership and planning will be necessary to prepare for this phenomenon. 7.1.a Packet Pg. 181 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Rebecca Mammen Sr. Customer Success Manager, Demandforce, Inc. Why are you interested in serving on the Fiscal Sustainability Task Force? Participating in Inside Dublin has been an enlightening and educational opportunity that has driven me fulfill my civic responsibility. Please list any affiliations or memberships with community organizations and/or business. Inside Dublin participant What knowledge do you have of finance and/or governmental finance? My knowledge of finance is limited to the economic classes I took in University. My interest has peaked from the information provided through the Inside Dublin program. What do you believe are the key challenges facing the City of Dublin? The key challenges facing the City of Dublin are the uncertainty of the cost of contracted resources (safety), the decrease in developer funds and potential changes in economy. Citizens of the community have a high level of expectations of quality of life and opportunities provided by the city. It is important they are fully informed about potential changes and have the ability to help shape the community by providing feedback as to what is important to them. What is your perception/knowledge of the City of Dublin's current and future fiscal status? The City of Dublin is a booming community with a high standard of living. The City of Dublin has a lean staff responsible for a large number of projects to keep up with the needs of residents with diverse demographics. 7.1.a Packet Pg. 182 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Sapna Mittal Software Engineer Why are you interested in serving on the Fiscal Sustainability Task Force? To provide my skills and input for better dublin future.monitor and see through the process of applying the tax payers money into right projects and deliverables. Please list any affiliations or memberships with community organizations and/or business. Working for Berkshire Hathaway Homestate Companies What knowledge do you have of finance and/or governmental finance? Worked with wells fargo and designed many financial software What do you believe are the key challenges facing the City of Dublin? Many projects and diversified interests What is your perception/knowledge of the City of Dublin's current and future fiscal status? I have lived in dublin over 15 years and seen dunbin go through many phases and chalanges 7.1.a Packet Pg. 183 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Mike Grant Equipment Maintenance Asset Manager, Schnitzer Steel Industries and Owner, Guns Unlimited Why are you interested in serving on the Fiscal Sustainability Task Force? I am encouraged to learn that the City of Dublin has invited community members to participate in the Fiscal Sustainability Task Force. The economic sustainability of Dublin is essential as Dublin has seen substantial economic and population growth in the last decade. As such, I believe the the Fiscal Sustainability Task Force needs to be composed of a diverse membership. As a business owner in Dublin and a resident (for more than 25 years), I can provide a unique perspective that is needed on the Task Force. I have more than 30 years of experience managing budgets at Republic Services, Schnitzer Steel Industries, and Peterson Tractor. These experiences have shown me the important of financial reviews and benefits of fiscal planning to ensure company needs are meant and operations are completed. This can be directly translated to the work conducted by this Task Force. Please list any affiliations or memberships with community organizations and/or business. Guns Unlimited (owner) Dublin Chamber of Commerce (member) Urban Shield (sponsor) St. Raymond Catholic Church What knowledge do you have of finance and/or governmental finance? I have significant professional experience in roles dealing with finance. Below is a list of my experience along with details on duties related to finance. Schnitzer Steel Industries: Manage over $125 million of equipment. Manage 78 personnel. Allied Waste: Republic Services: Managed $100 million worth of equipment. Reduced equipment operation costs by $4 million. Mission Valley Rock: Managed fleet of $48 million worth of equipment. Reduced equipment costs through evaluation of warranties and related expenses. Peterson Tractor: Responsible for $15 million per year in gross revenues. What do you believe are the key challenges facing the City of Dublin? I believe there are many challenges and opportunities facing the City of Dublin. As a resident of Dublin for more than 25 years, I have seen the dramatic expansion in our community, including residents and 7.1.a Packet Pg. 184 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) development. However, with more people and visitors in our community the demand on our city services also grows. And the budget shortfall facing the city can have dramatic impact on our core services. As such, I believe the Task Force needs to look at the budget shortfall and ensure we retain of our core services (Fire and Police). In addition, we must invite smart growth development that is revenue generating, as well as fully evaluate the transportation needs in our community (from roads to traffic expansion and mitigation). This Task force has significant work to do and I would welcome the opportunity to help drive this Task Force and Dublin forward. What is your perception/knowledge of the City of Dublin's current and future fiscal status? As a longtime resident and business owner, I am fully aware of the budget shortfall facing our City and ultimately our community. We need to take an honest look at how we reached this point and develop a comprehensive recommendation to ensure Dublin continues to invite economic growth while providing services to its constituents. It is important to note that the fiscal issues facing the City of Dublin are not unique to our city; these are issues facing communities throughout California and the United States. However, it is our responsibility to address the future fiscal status in a way that takes into account Dublin and its needs for today and tomorrow. 7.1.a Packet Pg. 185 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Edward Rimshaw retired mainframe systems programmer Why are you interested in serving on the Fiscal Sustainability Task Force? I recently completed 'Inside Dublin' and learned of this program. I have lived in Dublin since 1965 (except for 10 years when I lived in Pleasanton). I am interested in seeing the city operate in a fiscally sustainable manner. Please list any affiliations or memberships with community organizations and/or business. Just a citizen who grew up here - I went to Fredericksen elementary school, Wells middle and Dublin High school. I worked in Dublin from 1976-2010 at the Lucky corporate headquarters on Clark Ave. What knowledge do you have of finance and/or governmental finance? Only what was presented in Inside Dublin. However, I do own a house in Dublin, and I have no personal debt - so I think I am doing better than most businesses or government offices. What do you believe are the key challenges facing the City of Dublin? Attracting new retail, generating revenue, and controlling spending. What is your perception/knowledge of the City of Dublin's current and future fiscal status? The city can't sustain its current budget, likely due to its commitment to contracted services. 7.1.a Packet Pg. 186 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Robert Spicer Retired Former Director of IT Why are you interested in serving on the Fiscal Sustainability Task Force? I am an 8 year resident of Dublin and retired for the 3rd time in July of this year. My wife and I selected Dublin for our retirement home; buying our last residence here with that in mind. Two of our 3 children live here and we have 2 grand children attending Dublin High as freshmen. Having made a strong commitment to Dublin, I want to do what I can to help this City continue to be as attractive and desirable, now and into the future, as it was for us 8 years ago. Now that I am retired, I have both the time and the desire to contribute my skills, in some small way, to help preserve and advance what Dublin has come to mean to us. Please list any affiliations or memberships with community organizations and/or business. Most recently I was a member of Dublin's Public Art Selection/Recommendation Committee for the Emerald Green Park's Aquatic Center. Before I moved into senior management positions, and then into "startups", and had more free time, I served on the curriculum committee when Evergreen Community Collage was expanding into the Computer Science area, and I was on a number of advisory boards for the DPMA (Data Processing Management Association) now called the (ICCP) Institute for Certification of Computer Professionals. I have been on the BOD for my HOA for the past 7 years, and I have been the Board President for the last 5 years. What knowledge do you have of finance and/or governmental finance? I hold a BS Degree in Business and Industrial Management, and an MBA. My knowledge of finance is focused on manufacturing and retail businesses - large and small. In addition to undergraduate and post graduate accounting and finance course work, early in my work career I designed, programmed, installed and maintained computer based financial systems primarily for large and medium sized manufacturing and retail businesses. Later in my career, I selected and installed fully integrated financial business systems for manufacturing and software businesses. I have some "awareness" of the differences in government accounting practices - but no hands on experience. What do you believe are the key challenges facing the City of Dublin? Keeping up with the need to build-out infrastructure to meet City growth. 7.1.a Packet Pg. 187 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Maintaining this growing infrastructure base, and then finding funding for future replacements of the aging potions of the infrastructure. Managing the problems that come with growth and larger populations which result in more traffic, more education requirements, more safety and emergency services, and more waste. What is your perception/knowledge of the City of Dublin's current and future fiscal status? From the Dublin 101 Seminar I took several years ago, I gained the understanding that the near future was planned for and well covered, but I was always curious as to what happens when growth stops or slows down. Since the Council is putting together a Sustainability Task Force, it seems that they are also wanting to ask and answer the same question - what happens when new development is a smaller percentage of the of the future economic activity in Dublin. 7.1.a Packet Pg. 188 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Mathew Lopez Retired Why are you interested in serving on the Fiscal Sustainability Task Force? I have been a resident of Dublin for nearly 40 years. I have watched our city grow from a unincorporated community to a city and watched the school districts evolve into a self contained district. During this period we have experienced dramatic population and business growth, but there is limit to this growth because of geographical limitations. So the challenge the City faces is maintaining the current level of standards and growing costs within limited opportunities for revenue sources. This requires fiscal planning far different than massive growth and what seems unrestricted revenue growth. As a result, I am concerned the City could become overly tax burdened driving out business. It also could have difficulty maintaining City services at the current levels. None of us would like less fire, police, maintenance, or other city services. We must maintain the vibrancy so far achieved. Please list any affiliations or memberships with community organizations and/or business. None. I have not felt the need to involve myself in City or community groups. This task force offers an excellent vehicle for me to use my experience and knowledge within a concise framework and schedule with like minded individuals who are concerned about the future of Dublin. What knowledge do you have of finance and/or governmental finance? I have BS in Accounting and Masters in Public Administration. I worked 5 plus years in the General Accounting Office performing fiscal and management audits and reviews of federal programs. I worked 28 years at Lawrence Livermore National Laboratory. My responsibilities included budgeting and forecasting, program operations and ultimately I became the Finance Officer for the Lab. I also was the CFO at Los Alamos National Laboretory responsible for all business operations of this 2 billion $ laboratory. No direct city employment, but significant business and financial experience. What do you believe are the key challenges facing the City of Dublin? Limited physical growth opportunities and thus, potential revenue restrictions. 7.1.a Packet Pg. 189 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Maintaining high level city services, including fire, police, maintenance, etc. Maintaining the City's infrastructure, such as, parks, streets, buildings, etc. Dealing with future employee liabilities and benefits. Building a reserve to meet future economic downturns and emergencies. Providing enhancements to city facilities and services. Creating a downtown the City and it's residents would be proud to use. What is your perception/knowledge of the City of Dublin's current and future fiscal status? The City has managed the growth reasonably well, although at times, it felt too much too soon. Having the said this, it appears the the current fiscal status is adequate to meet current requirements. But I suspect that City leadership has concerns or there would be no need for this type of task force. I share those concerns. The economy is humming along, but we all know it goes through cycles and is the City ready for a downturn. Is the City prepared to maintain services within constrained revenue. Is the City prepared to meet future employee liabilities or a major emergency. So, my perception is that looks fine at this time, but this will not last. The City must be prepared and begin planning and se plans as soon as possible. 7.1.a Packet Pg. 190 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Kristian Reyes Manager, Lighting and PowerSmart Business - Graybar Electric Why are you interested in serving on the Fiscal Sustainability Task Force? I moved to Dublin with my family from Oakland 2-1/2 years ago. Not only were we attracted to the safe neighborhoods, the abundance of great parks, the quality of the youth sports leagues, and the availability of shopping with the city - but also due to the proximity to my office in West Dublin. We purchased a new home in Schaefer Ranch and have been watching the growth of the city, especially in the east side. Since we moved to Dublin and gotten acquainted with the city I have become more and more interested in the effects this has had on the city from a fiscal perspective; when I found about the task force I thought this would be an excellent opportunity for me to use my experience to help the city, as well as to stay aware of the city's progress as we grow. Please list any affiliations or memberships with community organizations and/or business. My son plays in several youth sports organizations in Dublin; I have managed his DLL teams for the past 2 years. What knowledge do you have of finance and/or governmental finance? I have a Bachelor's Degree in Business Administration from UC Berkeley, with an emphasis in Finance, as well as an MBA from UC Irvine. I have financial experience over the past 20+ years in several areas: Various management roles with P&L an financial responsibilities at 2 Fortune 500 companies Ownership and primary financial decision-maker of a lighting manfacturers' representative agency with revenues exceeding $50 million Managing all accounting, finance, and HR functions for my wife's speech pathology practice Serve as Vice President of my HOA for our vacation home in South Lake Tahoe and help manage a ~$100K budget In my current role at Graybar, I work with city governments all over the country as I consult with them on several areas that my firm can help them with their finances through energy conservation measures. I have worked with over 50 cities over the past 10 years, executing city-wide street light changeouts and more recently, implementing electricity generation and storage solutions using solar and battery solutions. In this role I have become more and more aware of the finance processes at various cities, specifically in the areas of bond issues, municipal leases, and the uses of city fund and expenditure categories. 7.1.a Packet Pg. 191 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) What do you believe are the key challenges facing the City of Dublin? I think the city has a lot to consider in the fact that as major developments start to wrap up, the revenues generated from those projects will start to decline. As a result, the city will have to consider the balance between the encouragement to attract more businesses to Dublin to increase sales tax revenue, and the infrastructure needed to support that growth. Considerations with regards to declining infrastructure, traffic, and maintenance issues will be key. What is your perception/knowledge of the City of Dublin's current and future fiscal status? Upon learning of this task force, I have done some review of the documents on the city's website. I was pleased to see the quality in which the budgets have been done and applaud the city on its policies to ensure a sound financial position and address goals laid out in the city's operational plan. It is commendable that Dublin is looking forward and taking strategic steps to address potential deficits in the future. I look forward to participating in that process and learn more to be able to contribute. 7.1.a Packet Pg. 192 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Rajani Arepalli IT Proessional Why are you interested in serving on the Fiscal Sustainability Task Force? As a resident of Dublin city I am deeply interested in its fiscal situation. Dublin is a growing city with plenty of opportunities. There are many young families making Dublin their home to provide good environment to their kids. As father of two young kids I like to see Dublin city to thrive not just today but over many decades. The immense growth that is happening in Dublin brings great opportunities along with immense new challenges. It is my wish to see Dublin city sustain and emerge stronger with each new challenges that come its way. Over a period of many years there are up and downs in the economy cycles. The events of 2007 / 2008 thought me to prepare for the worse in good times to withstand the unfavorable economic conditions that might come our way. As the projected budget deficit for year 2020/2021 is negligible, next 3-4 years gives great opportunity to plan for the surplus budget moving forward. Keeping good financial order is continuous effort with due diligence at every step of way. With my interest in the financial well being of the city I currently reside, I like to participate and contribute in any way possible to help Dublin to be a stronger and vital community. Please list any affiliations or memberships with community organizations and/or business. None. This is first step for me to involve deeply with the community. What knowledge do you have of finance and/or governmental finance? As mentioned before, 2007-2008 thought me great deal about being fiscally prudent to avoid any surprises that we may not be able to control. I will bring the same discipline to enhance Dublin's financial position. Completed level 1 certification of Alternative investments (CAIA) which introduced me to the world of alternative financial world. As part of my job, always adhere to SOX controls and believe in strong processes to be in place to achieve financial success. I lived in Singapore for couple of years and impressed the way government was run always keeping interest of the country at first. Both are small in size (Dublin is at 5% of Singapore size), few of the fiscal activities can be easily implemented in Dublin. What do you believe are the key challenges facing the City of Dublin? Infrastructure (Roads) is the biggest concern that needs to cater to the growing population. Schools are another area that needs big impetus to produce future successful citizens. Bringing businesses to the city helps to build the eco system that can withstand any surprises in silicon valley 7.1.a Packet Pg. 193 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Compete with other world class cities and be better in providing opportunities to its citizens What is your perception/knowledge of the City of Dublin's current and future fiscal status? With robust growth in new population, buildings Dublin is at unique position to take advantage of all the opportunities. Proximity to silicon valley and San Francisco city propels Dublin city to provide key role in Northern California / bay area region 7.1.a Packet Pg. 194 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Laurie Martellacci Retired Clerical Manager Why are you interested in serving on the Fiscal Sustainability Task Force? I am interested in serving on the task force because I plan to live in Dublin for a long time to come and I am concerned with anything that affects our city financially. When I read that we will soon have a deficit in our General Fund, that concerns me and I would like to help be a part of the solution. I believe Dublin is a thriving city, and to be sure it continues that way, certain financial issues should be addressed and solved. Please list any affiliations or memberships with community organizations and/or business. I do not have affiliations with organizations or businesses, but when I moved here over 6 years ago, I did fall in love with this city and I would like it continue to be the great city that it is. I do attend classes and events at the Senior Center and find it to be a very well run facility. I enjoy our parks, I have participated in the 5K walk during the St. Patrick's Day celebration, and of course I am a customer and consumer at many local businesses in Dublin, both large and small. What knowledge do you have of finance and/or governmental finance? Although my knowledge of governmental finance is limited, I worked for Alameda County for 42 years. I worked all of those years at the library, both behind the scenes and in the public library in various positions throughout my career. I was a manager for most of my career. I do know what it takes to run an operation efficiently, while working within the constraints of the budget. We faced several hard times during my career, so creative solutions were always a part of my job tasks. I had to get the work done and make sure the public received excellent customer service, while being under staffed. I was aware of the Library's budget each year, and am familiar with where our money came from, etc. What do you believe are the key challenges facing the City of Dublin? I believe the key challenges facing the City of Dublin are growth, traffic, and economic stability. We are still growing, but are we growing too fast? We need more schools. And can our infrastructure handle the growth? If we are still growing with new businesses and housing, why will we face a deficit? What is your perception/knowledge of the City of Dublin's current and future fiscal status? My current perception would have been that since we are growing, we are thriving. Now that I know that we may have a financial deficit, my perception has changed. I wonder why and question how could this happen. It is something that needs to be resolved to keep our community great. 7.1.a Packet Pg. 195 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Marut Patel HW Manager Why are you interested in serving on the Fiscal Sustainability Task Force? Keenly interested in understanding and becoming part of solution. Understanding ------------------- 1) Why do we believe we will have fiscal challenge in near future with given revenue? 2) What is the value every dollar spent brings for the city of Dublin and its future? 3) How are the priorities determined? 4) How are the key decisions made? Think tank for solution ----------------------------- 1) Join the team to find the solution. 2) Provide the recommendation and may have alternate or innovative way to achieve the same. Please list any affiliations or memberships with community organizations and/or business. Working on it. What knowledge do you have of finance and/or governmental finance? Mostly have the finance knowledge of running initiatives and programs in private sector. What do you believe are the key challenges facing the City of Dublin? At our current service levels, and with future facilities and community services, future expenditures will outpace future revenues. 7.1.a Packet Pg. 196 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Projections from June 2016 showed a General Fund deficit by Fiscal Year 2020-21 of $0.9 million, growing to $7.4 million by Fiscal Year 2024-25. What is your perception/knowledge of the City of Dublin's current and future fiscal status? Have read and understand the financials of 2015 from CFAR report. Also the details of the revenue and expenses. Have to understand more about the forecast that could create deficit. 7.1.a Packet Pg. 197 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) MARILYN MA Finance Why are you interested in serving on the Fiscal Sustainability Task Force? My family moved to Dublin in 2013 and we very much enjoy the family-oriented city that offers good schools and diversity. It's our goal to become a long term Dublin resident (both my husband and I work close by) and the success of the city plays a big role and has major impact to our every day lives. I have 18+ years of finance background and I believe my experience in the field is a good fit to this task force. This also will give me an opportunity to learn something new and meet other residents in Dublin. Sincerely, Marilyn Ma Please list any affiliations or memberships with community organizations and/or business. I own my own financial consulting business. What knowledge do you have of finance and/or governmental finance? I am in charge of the my company's annual budgeting and quarterly forecasting processes. These processes require in-depth knowledge of the company's operations, team work, collaboration, and attention to details. I also oversee the company's capital spend to ensure a good rate of return in investment. What do you believe are the key challenges facing the City of Dublin? Traffic due to over populated housing, particularly on the East side. No real down town feel on either side of the city. West is older and quieter and East is new but over populated. What is your perception/knowledge of the City of Dublin's current and future fiscal status? Current status is stable and could bring in more diversity in the meals & entertaining areas (restaurants/night entertainment) in order to attract residents from other cities. 7.1.a Packet Pg. 198 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) ROMONCITO FIRMEZA Retired Why are you interested in serving on the Fiscal Sustainability Task Force? Concerned about projected 2020 budget deficit Please list any affiliations or memberships with community organizations and/or business. Former Member: • Housing Committee • Green Task Force What knowledge do you have of finance and/or governmental finance? 8 years – Senior Accountant – State of California 25 years – IT Engineer – Director 10 years – Accountant – Private Corp. BS Degree – Business Administration – Major Accounting What do you believe are the key challenges facing the City of Dublin? Balance growth in housing and commercial What is your perception/knowledge of the City of Dublin's current and future fiscal status? Floating above water Future is not good 7.1.a Packet Pg. 199 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Ravi Banda Information Technology Why are you interested in serving on the Fiscal Sustainability Task Force? Our family moved to Dublin to be part of a growing and vibrant community. The people. schools, facilities, commute accessibility and recreational avenues are one of the best in Bay Area and in Tri- valley. Even when faced with a choice of going to Pleasanton or San Ramon we chose Dublin to be the place where our kids will flourish and grow and the place where we can retire. I have been closely following the rapid development of Dublin and the choices being made for investment into infra-structure, businesses, community facilities and there are two things that come to my mind - 1) Economy is cyclical and I have seen the boom and bust of Bay Area. Things look great now but there will be a down-turn and we need to be prepared at that point to minimize the impact on the residents of the Dublin. It's important to have a sound financial strategy that builds a cushion for us to deal with any eventuality. 2) As Dublin gets closer to its full growth - we need to find new revenue paths. We need to leverage the strategic geographic location of Dublin to make it a hub for business, entertainment, shopping and a place. We need to tap and partner with technology companies to make Dublin a smart city and create ways to reduce the cost of running the city as well as develop new ways of generating revenue. I am excited about the potential for Dublin and motivated to solve the challenges hence my interest to serve on the task force and work with fellow members to create a long-term sustainable financial strategy for the city of Dublin. Please list any affiliations or memberships with community organizations and/or business. Own a S-Corp - Nalanda Education Services What knowledge do you have of finance and/or governmental finance? I have a MS in Computer Science and an MBA from UC Berkeley. My MBA has helped me to understand the accounting aspects of a business and balance it with a business strategy for the growth and sustainability of a business. What do you believe are the key challenges facing the City of Dublin? 7.1.a Packet Pg. 200 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) There are three challenges facing the city 1) Tackle the projected fiscal deficit in the next 8-10 years and at the same time prepare for increasing inflation and interest rates. 2) Identify new revenue opportunities that cater to a responsible and sustainable city growth 3) Most importantly build community support around the plan for tackling these challenges What is your perception/knowledge of the City of Dublin's current and future fiscal status? I have reviewed the financial reports on the City of Dublin website and have a fair understanding of the current budget, projected revenues and the possible deficit situation in 2024-25. We need to build community support around the fiscal initiatives and this first step of setting up a task force is in the right direction and I will be honored to provide my inputs into this process. 7.1.a Packet Pg. 201 At t a c h m e n t : 1 . A p p l i c a t i o n s ( 1 2 3 0 : F i s c a l S u s t a i n a b i l i t y T a s k F o r c e A p p o i n t m e n t s ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Certification of November 8, 2016 Election Results Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City has received and will certify the November 8, 2016 election results for the Office of Mayor and two City Councilmembers from the Alameda County Registrar of Voters. STAFF RECOMMENDATION: Adopt the Resolution Reciting the Facts of the General Municipal Election held on November 8, 2016, Declaring the Results Thereof, and Such Other Matters as are provided by Law. FINANCIAL IMPACT: None. DESCRIPTION: The City has received the Certification of Election results from Tim Dupuis, the Alameda County Registrar of Voters. Dublin’s voter turnout was 79.76%. Of 26,975 registered voters, a total of 21,516 ballots were cast in the City of Dublin. The November 8, 2016 election results were as follows: 8.1 Packet Pg. 202 Page 2 of 2 MAYOR (one elected) David G. Haubert 15,607 Votes Shawn Costello 2,553 Votes COUNCILMEMBER (two elected) Arun Goel 8,928 Votes Melissa Hernandez Strah 7,950 Votes Doreen Wehrenberg 6,323 Votes Mona Lisa Ballesteros 6,016 Votes NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Reciting the Facts of the General Municipal Election held on November 8, 2016, Declaring the Results Thereof, and Such Other Matters as are provided by Law 2. Exhibit A to Resolution, Alameda County Registrar of Voters Certified Results of November 8, 2016 Election 8.1 Packet Pg. 203 Reso No. XX-16, Adopted XX-XX-16, Item No. X.X Page 1 of 2 RESOLUTION NO. XX – 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 2016, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a consolidated general municipal election was held and conducted in the City of Dublin, County of Alameda, State of California, on Tuesday, November 8, 2016 as required by law; and WHEREAS, the City Council requested that the Alameda County Board of Supervisors order the consolidation of said election; and WHEREAS, the Alameda County Registrar of Voters has canvassed the returns of said election and has certified the results, attached and made a part hereof as Exhibit A. NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve as follows: Section 1. That there were 22 voting precincts established in the City of Dublin for the purpose of holding said consolidated general municipal election. Section 2: That said consolidated municipal election was held for the purpose of electing the following City of Dublin officers: One (1) Mayor of the City of Dublin to serve for a term of (2) years. Two (2) Members of the Dublin City Council to serve for terms of four (4) years. Section 3: That the whole number of votes cast in the City of Dublin was 21,516. Section 4: That the names of persons voted for at said election for Mayor and City Councilmembers of the City of Dublin are as follows: Mayor David G. Haubert Shawn Costello Councilmember Arun Goel Melissa Hernandez Strah Doreen Wehrenberg Mona Lisa Ballesteros 8.1.a Packet Pg. 204 At t a c h m e n t : 1 . R e s o l u t i o n R e c i t i n g t h e F a c t s o f t h e G e n e r a l M u n i c i p a l E l e c t i o n h e l d o n N o v e m b e r 8 , 2 0 1 6 , D e c l a r i n g t h e R e s u l t s T h e r e o f , a n d Reso No. XX-16, Adopted XX-XX-16, Item No. X.X Page 2 of 2 Section 5: That the number of votes cast at each precinct and the total number of votes cast for each person named above are listed in Exhibit A (attached). Section 6: The City Council does declare and determine that: David G. Haubert was elected Mayor of the City of Dublin for the full term of two (2) years; and Arun Goel and Melissa Hernandez Strah were elected as Members of the Dublin City Council for full terms of four (4) years each. Section 7: That the City Clerk shall enter into the records of the City Council of said City, in accordance with Elections Code Section 10264, a statement of the results of said election, showing: (a) The whole number of votes cast in the City. (b) The names of the persons voted for. (c) For what office each person was voted for. (d) The number of votes given at each precinct to each person. (e) The total number of votes given in the City to each person. (f) The measures to be voted on and the votes cast for and against. PASSED, APPROVED AND ADOPTED this 6th day of December, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _________________________________ Mayor ATTEST: _______________________________ City Clerk 8.1.a Packet Pg. 205 At t a c h m e n t : 1 . R e s o l u t i o n R e c i t i n g t h e F a c t s o f t h e G e n e r a l M u n i c i p a l E l e c t i o n h e l d o n N o v e m b e r 8 , 2 0 1 6 , D e c l a r i n g t h e R e s u l t s T h e r e o f , a n d 8.1.b Packet Pg. 206 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n , A l a m e d a C o u n t y R e g i s t r a r o f V o t e r s C e r t i f i e d R e s u l t s o f N o v e m b e r 8 , 2 0 1 6 E l e c t i o n ( 1 2 3 3 : C e r t i f y 8.1.b Packet Pg. 207 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n , A l a m e d a C o u n t y R e g i s t r a r o f V o t e r s C e r t i f i e d R e s u l t s o f N o v e m b e r 8 , 2 0 1 6 E l e c t i o n ( 1 2 3 3 : C e r t i f y 8.1.b Packet Pg. 208 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n , A l a m e d a C o u n t y R e g i s t r a r o f V o t e r s C e r t i f i e d R e s u l t s o f N o v e m b e r 8 , 2 0 1 6 E l e c t i o n ( 1 2 3 3 : C e r t i f y 8.1.b Packet Pg. 209 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n , A l a m e d a C o u n t y R e g i s t r a r o f V o t e r s C e r t i f i e d R e s u l t s o f N o v e m b e r 8 , 2 0 1 6 E l e c t i o n ( 1 2 3 3 : C e r t i f y 8.1.b Packet Pg. 210 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n , A l a m e d a C o u n t y R e g i s t r a r o f V o t e r s C e r t i f i e d R e s u l t s o f N o v e m b e r 8 , 2 0 1 6 E l e c t i o n ( 1 2 3 3 : C e r t i f y Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Presentation of Plaque to Outgoing Councilmembers Kevin Hart and Doreen Wehrenberg Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen Wehrenberg in appreciation of their dedicated service to the City. STAFF RECOMMENDATION: Present the plaques and receive comments from outgoing Councilmembers Hart and Wehrenberg. FINANCIAL IMPACT: None. DESCRIPTION: The City will present plaques to outgoing Councilmembers Kevin Hart and Doreen Wehrenberg in appreciation of their dedicated service to the City. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: None. 8.2 Packet Pg. 211 1643 None. Page 1 8.2.a Packet Pg. 212 At t a c h m e n t : N o n e . ( 1 2 3 5 : O u t g o i n g M e m b e r s ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Administration of Oath of Office to Newly Elected Mayor and City Councilmembers Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The Oath of Office will be administered to the re-elected Mayor and newly elected City Councilmembers. STAFF RECOMMENDATION: Administer the Oath of Office to the re-elected Mayor and newly elected City Councilmembers. FINANCIAL IMPACT: None. DESCRIPTION: The Oath of Office will be administered to re-elected Mayor David G. Haubert, and newly elected Councilmember Arun Goel and Councilmember Melissa Hernandez. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. ATTACHMENTS: None. 8.3 Packet Pg. 213 1660 None. Page 1 8.3.a Packet Pg. 214 At t a c h m e n t : N o n e . ( 1 2 3 6 : A d m i n i s t r a t i o n o f O a t h ) Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: December 6, 2016 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Selection of Vice Mayor Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council’s policy is to select, in December of each year, a member of the City Council to serve as Vice Mayor for a period of one year. In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. STAFF RECOMMENDATION: Determine who shall serve as Vice Mayor for a one-year period. FINANCIAL IMPACT: None. DESCRIPTION: Since 1996, the City Council's policy has been to select, in December of each year, a member of the City Council to serve as Vice Mayor for a period of one year (Attachment 1). In the absence of the Mayor, the Vice Mayor would become Mayor Pro Tempore and would assume the temporary responsibilities of the Mayor. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Noticing not required. ATTACHMENTS: 1. Resolution No. 5-96 Establishing Rules for the Selection of Vice Mayor and Repealing Resolution No. 5-87 8.4 Packet Pg. 215 8.4.a Packet Pg. 216 At t a c h m e n t : 1 . R e s o l u t i o n N o . 5 - 9 6 E s t a b l i s h i n g R u l e s f o r t h e S e l e c t i o n o f V i c e M a y o r a n d R e p e a l i n g R e s o l u t i o n N o . 5 - 8 7 ( 1 2 3 7 : V i c e M a y o r