HomeMy WebLinkAbout*November 3, 2020 Regular City Council Meeting PacketNovember 3, 2020 Dublin City Council Agenda Page 1 of 4
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, November 3, 2020 Location: City Council Chamber and
Zoom Communications
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 5:30 PM
UPDATED Meeting Procedure During Coronavirus (COVID-19) Outbreak:
In keeping with the guidelines provided by the State of California and Alameda County
Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak,
and recommendations to follow social distancing procedures, the City of Dublin will hold the
Regular City Council Meeting through a hybrid of in-person attendance with the City Council,
invited staff, and limited members of the public at the City Council Chamber and through the
virtual platform, Zoom. The City of Dublin will adopt the following practices during upcoming
City Council meetings:
• Per normal practice, the meeting will be livestreamed and available at www.TV30.org for
viewing and also broadcast live on Comcast T.V. channel 28 beginning at 5:30 p.m. and via
the City’s website at: http://dublinca.iqm2.com/Citizens/default.aspx
• To maximize public safety while maintaining transparency and public access, members of
the public may participate in one of the following ways:
o Virtual Platform (Zoom):
If you wish to speak via Zoom during the meeting, please fill out the online
speaker slip available at www.dublin.ca.gov. The speaker slip will be made
available at 10:00 a.m. on Tuesday, November 3, 2020. Upon submission,
you will receive Zoom link information. Speakers slips will be accepted until
the staff presentation on an agenda item ends, or until the public comment
period on non-agenda items is closed.
Once connected, the public speaker will be connected to the Zoom webinar
as an attendee and muted. The speaker will be able to see the meeting from
inside Zoom.
When the agenda item upon which the individual would like to comment is
addressed, the speaker will be announced in the meeting when it is his/her
time to speak to the City Council. The speaker will then be unmuted for
comment.
Dublin Civic Center
100 Civic Plaza
Dublin, CA 94568
www.dublin.ca.gov
COUNCILMEMBERS
David Haubert, Mayor
Arun Goel, Vice Mayor
Melissa Hernandez
Jean Josey
Shawn Kumagai
November 3, 2020 Dublin City Council Agenda Page 2 of 4
o In person at Council Chamber:
Members of the public wishing to speak in person are asked to fill out an
online speaker slip in advance of the meeting. Speakers may also sign up to
speak at the meeting. Speaker slips will be accepted until the staff
presentation on an agenda item ends, or until the public comment period on
non-agenda items is closed.
Pursuant to the public health officer’s order, the City Council Chamber will
have limited seating available on a first-come, first-served basis for members
of the public to attend the meeting in person. Physically distanced seats have
been identified in the Chamber for use by the public. Members of the public
should maintain at least six-foot social distancing from individuals who are
not part of the same household or living unit.
For the purposes of potential public health contact tracing, all members of the
public attending the meeting will be requested to sign in and provide a name
and phone number or email address. In addition, attendees will be screened
with a touchless temperature check.
Consistent with the public health officer’s order, each member of the public
must also wear a face covering of the nose and mouth at all times during the
course of the meeting, even while speaking at the podium.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1. Employee Introduction: Alex Eisenhart
New City of Dublin Staff member, Alex Eisenhart, Communications Analyst in the City
Manager's Office, will be introduced.
STAFF RECOMMENDATION:
Welcome the new addition to the City of Dublin Staff.
3.2. Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and
clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with
State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may
respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the
matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a
future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not
appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with
one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent
Calendar for purposes of public input may request the Mayor to remove the item.
4.1. Approval of the October 20, 2020 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the October 20, 2020, Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve minutes of the October 20, 2020, Regular City Council meeting.
November 3, 2020 Dublin City Council Agenda Page 3 of 4
4.2. Revisions to the Personnel Rules
The City Council will consider adopting an update to the City’s Personnel Rules.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the City of Dublin Personnel Rules.
4.3. Fiscal Year 2019-20 4th Quarter Financial Review
The City Council will receive a financial report on the fourth quarter of Fiscal Year 2019-20
and consider amendments to General Fund reserve designations.
STAFF RECOMMENDATION:
Receive the report and confirm General Fund reserve designations as of June 30, 2020.
4.4. Fiscal Year 2020-21 1st Quarter Financial Review
The City Council will receive a financial report through the first quarter for Fiscal Year
2020-21 and consider amendments to the Fiscal Year 2020-21 Budget via a budget change.
STAFF RECOMMENDATION:
Receive the report and approve the budget change, as well as budgetary changes to the
Capital Improvement Program.
4.5. City of Dublin Poet Laureate and City Historian
The City Council will consider approving updated policies governing the selection of Poet
Laureate and City Historian.
STAFF RECOMMENDATION:
Approve the updated policies governing the selection of Poet Laureate and City Historian.
4.6. Park Improvement Agreement for Don Biddle Community Park in the Boulevard
Development
The City Council will consider an Improvement Agreement with Dublin Crossing, LLC to
construct a 30-acre community park, Don Biddle Community Park, as identified in the
Dublin Crossing Specific Plan within the Boulevard development, formerly called Dublin
Crossing.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Improvement Agreement for the Don Biddle
Community Park; and approve a budget change.
5. WRITTEN COMMUNICATION – NONE.
6. PUBLIC HEARING
6.1. Accessory Dwelling Unit Ordinance Update (PLPA-2020-00035) and Proposed Changes
to the City's Impact Fee Schedule
The City Council will consider Staff-initiated amendments to the Zoning Ordinance to
comply with recent changes in State law addressing barriers to development of accessory
dwelling units (ADUs) and junior ADUs (JADUs) and to facilitate the production of ADUs.
Proposed amendments include changes to the development standards for minimum unit size,
setbacks, and parking for ADUs and the addition of regulations for JADUs. In compliance
with State law, the City Council will also consider adoption of changes to the City of Dublin
Impact Fees pertaining to ADUs 750 square feet or larger.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate and take the following actions: a) Waive the reading
and INTRODUCE the Ordinance Approving Amendments to Dublin Zoning Ordinance
Chapters 8.08, 8.12, 8.16, 8.20, 8.24, 8.36, 8.40, 8.65, 8.76, and 8.80 Regarding the Creation
of Accessory Dwelling Units and Junior Accessory Dwelling Units Effective City-wide; and
b) adopt the Resolution Revising the Impact Fees for Accessory Dwelling Units within the
City of Dublin.
7. UNFINISHED BUSINESS – NONE.
November 3, 2020 Dublin City Council Agenda Page 4 of 4
8. NEW BUSINESS
8.1. Public Art Display to Honor Community Efforts for Racial Justice and Equality
The City Council will consider the creation of a temporary City-curated installation of public
art at the Civic Center to honor the community’s fight for racial justice and equality.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing a Temporary City-Curated Public Art Installation at the
Dublin Civic Center Honoring the Community’s Fight for Racial Justice and Equality and
appoint one or two Councilmembers to curate the public art display.
8.2. Overview of Mental Health Resources in the Tri-Valley
The City Council will receive a report on the mental health resources available to Dublin
residents including potential ways to augment existing services. This item was prepared in
response to a September 1, 2020 Item 9 request.
STAFF RECOMMENDATION:
Receive the report and provide feedback to Staff.
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make
a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-
6650 at least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new
opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Employee Introduction: Alex Eisenhart
Prepared by: Shari Jackman, Communications Manager
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Alex Eisenhart, Communications Analyst in the City
Manager's Office, will be introduced.
STAFF RECOMMENDATION:
Welcome the new addition to the City of Dublin Staff.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Alex Eisenhart, Communications Analyst in the City
Manager's Office, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
3.1
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Page 1 of 1
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Approval of the October 20, 2020 Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the October 20, 2020, Regular
City Council meeting.
STAFF RECOMMENDATION:
Approve minutes of the October 20, 2020, Regular City Council meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the October 20, 2020, Regular
City Council meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. October 20, 2020 Regular City Council Meeting Minutes
4.1
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: October 20, 2020
DUBLIN CITY COUNCIL MINUTES 1
REGULAR MEETING
OCTOBER 20, 2020
Closed Session 6:30 P.M.
I. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Alameda County Assessor’s Parcel Nos. 941-1560-3-3 and 941-1560-
10-1
Agency Negotiator: Linda Smith, City Manager
Negotiating Parties: Dublin Historic Preservation Association
Under Negotiation: Price and Terms of Payment
Regular Meeting
A Regular Meeting of the Dublin City Council was held on Tuesday, October 20, 2020,
in the City Council Chamber and remotely via Zoom Video Communications. The meeting
was called to order at 7:00 PM, by Mayor Haubert.
1. Call to Order
Attendee Name Title Status
David Haubert Mayor Present
Arun Goel Vice Mayor Present
Melissa Hernandez Councilmember Present
Jean Josey Councilmember Present
Shawn Kumagai Councilmember Present
2. Pledge of Allegiance
The pledge of allegiance was recited by the City Council and Staff.
3. Oral Communications
3.1. Public Comment
Viviana Martinez provided public comment.
Shawn Costello provided public comment.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 2
REGULAR MEETING
OCTOBER 20, 2020
Mike Grant provided public comment.
Shirley Lewandowski provided public comment.
Denel McMahan provided public comment.
4. Consent Calendar
4.1. Approved the October 6, 2020 Regular City Council Meeting Minutes.
4.3. Adopted
RESOLUTION NO. 108 - 20
APPROVING AN AGREEMENT WITH PACIFIC COAST ENTERTAINMENT LLC
DBA: REBEL KITCHEN & LIBATIONS FOR CONCESSION SERVICES AT THE
WAVE
4.4. Received the Payment Issuance Report and Electronic Funds Transfers issued
from September 1, 2020 - September 30, 2020 totaling $4,546,456.97.
4.5. Adopted
RESOLUTION NO. 109 – 20
ACCEPTING THE CLOVER PARK AND SUNRISE PARK IMPROVEMENTS, CIP No.
PK0117
4.6. Approved an adjustment to the CARES Act Funding Spending Plan.
4.7 Adopted
RESOLUTION NO. 110-20
AUTHORIZING THE PURCHASE OF COMPUTERS, RELATED EQUIPMENT, AND
SERVICES FROM SYNNEX CORPORATION/CONVERGEONE
4.1.a
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DUBLIN CITY COUNCIL MINUTES 3
REGULAR MEETING
OCTOBER 20, 2020
4.2. City Proclamations for Red Ribbon Week and the Month of November
The City Council approved the following proclamations for the week of October 23 -
31, and for the month of November: Red Ribbon Week, National Family Caregivers
Month, National Diabetes Awareness Month, National Entrepreneurship Month,
Critical Infrastructure Security and Resilience Month, National College Application
Month, National Alzheimer’s Disease Awareness Month, National Adoption Month,
National Veterans and Military Families Month, National Native American Heritage
Month, and Sikh Heritage Month.
This item was pulled from the Consent Calendar by Councilmember Josey who
highlighted some of the proclamations.
Parvinder Singh Thapar provided public comment.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: David Haubert, Mayor
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
5. Written Communication – None.
6. Public Hearing – None.
7. Unfinished Business
7.1 Carbon-Free Electricity Options
The City Council received a report on two potential carbon-free electricity options for
community wide electricity accounts through the City of Dublin’s electricity provider, East
Bay Community Energy.
The City Council provided their input on the potential carbon-free electricity options.
7.2 Fallon-East Property Framework: Program Update and Economic Development
Zone Overview
The City Council received a second report on the proposed Fallon-East Property Planning
and Development Framework.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 4
REGULAR MEETING
OCTOBER 20, 2020
By consensus, the City Council agreed to have the Economic Development Committee
review the proposed Economic Development Zone further.
8. New Business
8.1. 2021 St. Patrick's Day Celebration
The City Council received a preview of the 2021 St. Patrick's Day Celebration that
includes modifications due to the COVID-19 pandemic and shared their thoughts on the
proposed plans.
8.2 Dublin Heritage Park Cemetery Improvements - Conceptual Design
The City Council received a presentation on the Dublin Heritage Park Cemetery
Improvement Designs Project, CIP No. PK0215.
On motion by Mayor Haubert, seconded by Councilmember Hernandez, and by
unanimous vote, the City Council approve the Dublin Heritage Park Cemetery
Improvements Conceptual Design.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: David Haubert, Mayor
SECOND: Melissa Hernandez, Councilmember
AYES: Josey, Kumagai, Goel, Haubert, Hernandez
9. Other Business
Brief information only reports from City Council and/or Staff, including committee reports
and reports by City Council related to meetings attended at City expense (AB1234).
By consensus, the City Council asked that something come back to allow the sign garden
by first meeting in November.
4.1.a
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DUBLIN CITY COUNCIL MINUTES 5
REGULAR MEETING
OCTOBER 20, 2020
10. Adjournment
The meeting was adjourned at 9:25 p.m. in honor of Sean Diamond and all our fallen
troops.
Mayor
ATTEST:
City Clerk
4.1.a
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Revisions to the Personnel Rules
Prepared by: Angelica Smith, Human Resources Manager
EXECUTIVE SUMMARY:
The City Council will consider adopting an update to the City’s Personnel Rules.
STAFF RECOMMENDATION:
Adopt the Resolution Adopting the City of Dublin Personnel Rules.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Dublin Municipal Code Section 2.20.050 requires the City to adopt Personnel Rules to
establish regulations governing the personnel system. Originally written in March of
1984 and modernized in 2008, the City’s Personnel Rules have been amended over the
years in accordance with adjustments to laws, certain benefit provisions, and
organizational changes.
The updated Personnel Rules attached to this report have been revised for legal
content and other clarifications consistent with modern public sector personnel
practices. The document has been updated by the City’s Human Resources Director in
conjunction with the City’s legal counsel Meyers Nave and its Labor and Employment
Group. Over the past few months, the City Manager and Department Heads have
reviewed the document for practical application.
Under the City’s current employer-employee relationship, the City does not have a legal
duty to bargain about changes to the Personnel Rules. However, under the Meyers -
Milias-Brown Act, (California Government Code Section 3500; Title 1: General: Divi sion
4. Public Officers and Employees) the City is obligated to “consult in good faith” with
employees regarding rule changes that relate to conditions of employment. City Staff
was given notice of the proposed changes and given a 25 -day opportunity to comment
4.2
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Page 2 of 2
on them. As necessary, Human Resources responded to comments and questions from
employees; no technical or substantial modifications were made to the document from
the City Staff review period.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Adopting the City of Dublin Personnel Rules
2. Exhibit A to the Resolution - City of Dublin Personnel Rules
4.2
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Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 1 of 2
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING THE CITY OF DUBLIN PERSONNEL RULES
WHEREAS, on March 26, 1984 the City Council adopted Resolution 29-84 establishing the
City’s Personnel Rules; and
WHERAS, the objectives of the Personnel Rules rules are to facilitate efficient and
economical services to the public and to provide for an equitable system of personnel management
in the municipal government; and
WHEREAS, the Personnel Rules set forth in detail those procedures which ensure similar
treatment for those who compete for original employment and promotion, and define many of the
obligations, rights, privileges, and prohibitions which are placed upon all employees in the
competitive service of the City; and
WHEREAS, the City periodically amended the Personnel Rules to be current with personnel
law, benefit provisions, or conditions of employment; and
WHEREAS, on July 17, 2008, the City Council adopted Resolution 84-08 which
comprehensively revised the Personnel Rules, and the Personnel Rules have been periodically
amended for minor changes since then; and
WHEREAS, and the City wishes now to comprehensively update the Personnel Rules to
conform to current laws and best practices; and
WHEREAS, within the limits of administrative feasibility, considerable latitude shall be given
to the City Manager or designee in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby adopt the following Personnel Rules, attached hereto as Exhibit A, which shall supersede
the previous Personnel Rules adopted by Resolution 84-08 and any subsequent amendments.
BE IT FURTHER RESOLVED that the City of Dublin Personnel Rules, attached hereto as
Exhibit A, shall be effective November 3, 2020.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 2020, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
4.2.a
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Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 2 of 2
____________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
4.2.a
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i
CITY OF DUBLIN PERSONNEL RULES
Contents
PERSONNEL RULES CITY OF DUBLIN .................................................................................. i
1.INTRODUCTION ........................................................................................................ 1
2.EMPLOYER / EMPLOYEE RELATIONS .................................................................. 1
3.DEFINITION OF TERMS .......................................................................................... 1
4.CLASSIFICATION PLAN ............................................................................................. 4
5.RECRUITMENT AND SELECTION .......................................................................... 4
6.PERFORMANCE EVALUATION PROGRAM ............................................................. 9
7.FITNESS FOR DUTY EVALUATIONS ...................................................................... 10
8.PERSONNEL FILES ................................................................................................. 10
9.WAGE AND HOUR BENEFITS ................................................................................. 10
10.WORKWEEK, CALL-BACK PAY, MEAL PERIODS, AND LACTATION BREAK 13
11.LEAVES..................................................................................................................... 14
12.TRANSFERS/ACTING PAY .................................................................................... 23
13.LAYOFF AND RECALL ........................................................................................... 23
14.EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE .................................... 24
15.GRIEVANCE PROCEDURE ................................................................................... 24
16.DISCIPLINE/GENERAL RULES OF CONDUCT .................................................. 25
17.RESIGNATIONS ....................................................................................................... 29
18.NON-DISCRIMINATION AND HARASSMENT ...................................................... 30
19.ACCOMMODATIONS FOR EMPLOYEE DISABILITIES ...................................... 30
20.OUTSIDE EMPLOYMENT ...................................................................................... 31
21.VOLUNTEERS ......................................................................................................... 31
22.DRUG AND ALCOHOL-FREE WORKPLACE ....................................................... 31
23.NEPOTISM ................................................................................................................ 31
24.GIFTS AND G RATUITIES ....................................................................................... 32
25.USE OF INFORMATION AND ELECTRONIC SYSTEMS .................................... 32
26.DRESS CODE ......................................................................................................... 33
27.USE OF CITY EQUIPMENT ................................................................................... 33
28.TRAVEL AND TRAINING POLICY ............................................................................ 33
29.MISCELLANEOUS .................................................................................................... 34
4.2.b
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1. INTRODUCTION
1.1. These Personnel Rules (hereafter "Rules") generally describe the employment
relationship between the City of Dublin (City) and its employees. The Rules
apply to all employees, except where otherwise indicated in these Rules, or
where an applicable memorandum of understanding (MOU) specifically
conflicts with a Rule. City Policies are in conjunction with the Rules. Each
employee will receive a copy of these Rules and related City Policies and is
responsible for reading and adhering to the Rules and Policies.
1.2. These Rules may be amended from time to time. However, in order to be
effective, the amendment must be in writing and approved by the City Council.
1.3. The City Manager, or designee is vested with the responsibility to interpret
these Rules in the event any provision of these Rules is deemed to be
ambiguous.
2. EMPLOYER / EMPLOYEE RELATIONS
2.1. The City's labor relations policies are governed by the Meyers-Milias-Brown
Act (MMBA), Government Code section 3500, et seq. The City has in place an
Employer-Employee Relations Resolution, which specifies the City's local
rules, rights and obligations regarding labor relations.
2.2. Under the City's Employer-Employee Relations Resolution, and the MMBA,
the City recognizes certain labor organizations as the exclusive representative
for purposes of labor negotiations. For non-represented employees, the City
consults in good faith with all employees regarding wages, hours, benefits,
working conditions, and other items of mutual interest and provides advance
notice of certain matters as specified in the City's Employer-Employee
Relations Resolution. Such consultation shall be in accordance with the law.
2.3. City Employee pay schedules and various health and welfare benefits are set
forth in the City's Salary and Benefit Plans and are adopted by the City Council.
2.4. Employees having questions concerning matters related to their classification,
salary, or health and welfare benefits may contact City's Human Resources
directly.
3. DEFINITION OF TERMS
All words and terms used in this section and in any City Ordinance or Resolution
dealing with personnel policies or procedures shall be defined as they are
normally and generally defined in the field of personnel administration. For the
purpose of convenience, however, the following words and terms most
commonly used are hereinafter defined:
3.1. "Advancement": A salary increase within the limits of a pay range established
4.2.b
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for a class.
3.2. “Allocation": The assignment of a single position to its proper class in
accordance with the duties performed, and the authority and responsibilities
exercised.
3.3. “Appointing Authority": The appointing authority of employees in the
competitive service is the City Manager. The City Manager shall either approve
the appointment, removal, promotion or demotion of all City employees or
authorize Department Heads to appoint, remove, promote or demote in certain
classes of positions subject to all applicable personnel rules and regulations which
may be adopted by Ordinance or Resolution by the City Council.
3.4. “Class": All positions sufficiently similar in duties, authority, and responsibility,
to permit grouping under a common title with common standards of selection,
transfer, demotion, and salary.
3.5. "Classification Plan": The designation by City Resolution of the City Council of
a title for each class, together with the specifications for each class as prepared
and maintained by the City Manager, or designee.
3.6. "Class Specifications": A written description of a job classification, setting forth
the essential characteristics, knowledge, skills, abilities and the requirements
of positions allocated to the classification. Such documentation may also be
referred to as a Classification Description.
3.7. "Competitive Service": All positions of employment in the service of the City
except those excluded as specifically set forth in the Dublin Municipal Code
Section 2.20.040 (Personnel System) and Council Resolution 84-08 (and any
amendments thereto) or its successor.
3.8. "Demotion": The movement of an employee from one class to another class
having a lower maximum base rate of pay.
3.9. "Domestic Partner''. "Domestic Partner" as defined by the State of California
in an appropriate Code Section.
3.10. "Eligible": A person whose name is on an employment list.
3.11. "Employment List":
a) Open employment list: A list of names of persons who have taken an
open-competitive examination for a class in the competitive service and
have qualified.
b) Promotional employment list: A list of names of persons who have taken
a promotional examination for a class in the competitive service and have
qualified.
3.12. "Examination":
4.2.b
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(a) Open-competitive examination: An examination for a particular class which
is open to all persons meeting the qualifications for the class.
(b) Promotional examination: An examination for a particular class which is
open only to employees meeting the qualifications for the class.
3.13. "Full-Time Position": A position in the competitive service requires at least forty
(40) hours per week. A full-time position may be either temporary or regular.
3.14. "Immediate Family": Means parent, current spouse or domestic partner, child,
current stepchild, grandparent, brother, current stepbrother, current brother-in -
law, sister, current stepsister, current sister-in-law, current mother-in-law or
current father-in- law.
3.15. "Part-Time Position": A position having a work week of fewer hours than the
work week established for full-time positions. A part-time position may be either
temporary or regular.
3.16. "Personnel Ordinance": Ordinance which creates a personnel system and
rules for the City as codified in the Dublin Municipal Code Title 2.
3.17. "Position": A group of duties and responsibilities in the competitive service
requiring the full-time or part-time employment of one person.
3.18. "Probationary Period": A period to be considered an integral part of the
examination, recruiting, testing and selection process during which an
employee is required to demonstrate fitness for the position to which the
employee is appointed by actual performance of the duties of the position.
During such period an employee is considered at-will and may be terminated
at any time without cause.
3.19. "Promotion": The movement of an employee from one class to another class
having a higher maximum base rate of pay.
3.20. "Provisional Appointment": An appointment of a person who possesses the
minimum qualifications established for a particular class and who has been
appointed to a position in that class in the absence of available eligibles. In no
instance shall a provisional appointment exceed six (6) months.
3.21. "Recruitment":
(a) Open: A recruitment for a particular class which is open to all persons
meeting the qualifications for the classification.
(b) Promotional: A recruitment for a particular class which is open only to
employees meeting the qualifications for the classification.
3.22. "Regular Employee": An employee in the competitive service who has
successfully completed the probationary period and has been retained as
provided in these Rules.
4.2.b
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3.23. "Reinstatement": The restoration without examination of a former regular
employee or probationary employee to a classification in which the employee
formerly served as a regular non-probationary employee.
3.24. "Temporary Employee": An employee who is appointed to a temporary or a
permanent position for a limited period of time.
3.25. "Temporary Position": A full-time or part-time position of limited duration.
3.26. "Transfer": A change of an employee from one position to another position in
the same class or in a comparable class.
3.27. "Work Period": A normal work period shall begin at 12:01 a.m., Saturday and
shall end at 12:00 p.m. on the following Friday.
4. CLASSIFICATION PLAN
4.1. The City maintains a set of job classification descriptions. Each job
classification description includes a class title and a general written description
of the duties and responsibilities. Classification descriptions are readily
available electronically from the City's internet website, City's internal intranet
website and are available upon request to City Human Resources.
4.2. Job classification descriptions may be abolished or amended from time to time.
In addition, new job classification descriptions may be added to the City's
classification plan.
4.3. When the assigned duties of a position have been materially changed by the
City so as to necessitate reclassification, the affected employees(s) shall be
allocated by the City Manager or designee to a more appropriate class,
whether new or already created. Reclassifications shall not be used for the
purpose of avoiding restrictions concerning demotions and promotions, nor to
effect a change in salary in the absence of a significant change in assigned
duties and responsibilities.
4.4. If employees believe they are performing work outside the scope of the
classification description covering their position, they should report the
information, in writing, to their immediate supervisor who will work with the
Department Head and Human Resources to further evaluate the position.
4.5. The City may utilize temporary or emergency employees in such
circumstances as the City deems appropriate. These employees may be
assigned to regular or temporary full- or part-time positions during such
periods.
5. RECRUITMENT AND SELECTION
5.1. Recruitment
4.2.b
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5.1.1. The City may utilize any legitimate recruitment procedure for attracting
qualified applicants. Recruitments may be "promotional" or "open,"
depending on the City's needs.
5.1.2. Consistent with the best interests of the City, all vacancies in the
competitive service shall be filled by promotion from within the
competitive service, after a promotional examination has been given
and a promotional list established. The City will give reasonable notice
to all of its employees concerning the City's employment opportunities.
5.1.3. If, in the opinion of the City Manager or designee, it is in the best interest
of the City, a vacancy in a position may be filled by an open-competitive
examination instead of promotional examination. In that event the City
Manager or designee shall arrange for an open-competitive examination
and for the preparation and certification of an open-competitive
employment list.
5.2. Applications for Employment
5.2.1. Each candidate shall complete those application forms designated by
the City. An applicant's failure to provide complete, truthful and accurate
information on all application materials shall be grounds for immediate
disqualification in the application process and may result in dismissal
from employment.
5.2.2. As part of the pre-employment procedure, applicants may be required
to supply references, and a waiver, to enable a thorough background
check, including fingerprinting, by the City. The City has the right to
conduct a complete and exhaustive background investigation on all
applicants seeking employment with the City of Dublin to the extent
permitted by law.
5.3. Disqualification or Rejection
5.3.1. The City may reject or disqualify applicants for any legitimate reason. In
addition, the City may permanently disqualify applicants from future
employment for good cause. In the event of permanent disqualification,
the City shall notify the applicant of the action, include a brief description
of the reasons, and permit the applicant to appeal pursuant to the
procedure specified in these rules. The appeal submission will be
maintained with the application file, if requested by the appellant. The
appeal procedure is not available to applicants except in cases of
permanent disqualification.
5.3.2. Criminal Conduct - Once a conditional job offer has been made,
employers are permitted to conduct a criminal history check. However,
the City cannot rescind the job offer based on an applicant’s criminal
history without going through the following process:
4.2.b
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1) Making an individualized assessment that justifies denying the
applicant the position. In making such determination, the appointing
authority may consider the following factors:
(a) the classification to which the person is applying or being
certified and whether the classification is unrelated to the
conviction;
(b) the nature and seriousness of the offense;
(c) the circumstances surrounding the conviction;
(d) the length of time elapsed since the conviction;
(e) the age of the person at the time of conviction;
(f) the presence or absence of rehabilitation or efforts at
rehabilitation;
(g) contributing social or environmental conditions.
2) Notifying the applicant in writing of a preliminary decision to take back
the offer;
3) Giving the applicant a chance to provide additional information; and
4) Notifying the applicant in writing of a final decision to take back the offer
and informing the applicant of the right to complain to Department of Fair
Employment and Housing (DFEH).
5.3.3. An applicant who is disqualified for employment under this section may
appeal the determination of disqualification. Such appeal must be in
writing and filed with the City Manager or designee within ten (10) days
of the date of the notice of disqualification. The City Manager or
designee will hear and determine the appeal within ninety (90) calendar
days after it is filed. The determination of the City Manager or designee
on the appeal is final.
5.4. Testing I Assessment Process
The City may utilize any legitimate method to determine the qualifications of
applicants, including, without limitation, written tests, oral examinations, panel
interviews, assessment centers and oral interviews. The City may list successful
applicants on a "list of eligibles." The list of eligibles will be maintained for the duration
specified by the City.
5.5. Appointment
5.5.1. The City may appoint any qualified applicant from the list of eligibles to
a regular position in the classification for which the applicant is qualified.
Positions may be full time, or part time, depending on the needs of the
City. In the absence of a list of eligibles, the City may make temporary
appointments pending development of a new list. The City endeavors to
4.2.b
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provide notice to all City employees at least one week in advance of new
employment opportunities.
5.5.2. The City in its discretion may permit lateral transfers to a vacant position.
The transfer shall be subject to the rules governing transfers. The City
endeavors to provide notice of vacant positions for at least one (1) week
to ensure opportunities for transfer.
5.5.3. The City may in its discretion cause a new list of eligibles to be
generated in the event the City believes that circumstances warrant a
new list. Such circumstances include, but not limited to the age of the
eligible list; an inadequate number of candidates; and changing job
requirements.
5.5.4. In the absence of names of individuals willing to accept appointment
from appropriate employment lists, a provisional appointment may be
made by the appointing authority of a person meeting the minimum
training and experience qualifications for the position. This appointment
may be made during the period of suspension of an employee or
pending final action on proceedings to review suspension, demotion or
discharge of an employee. A provisional employee may be removed at
any time without the right of appeal or hearing.
5.5.5. A provisional appointee accrues the same benefits as probationary
employees. If a provisional appointee is selected for a full-time position
with the City, the time served as a provisional appointee is counted as
time toward the fulfillment of the required probationary period.
5.5.6. No special credit will be allowed in meeting any qualifications or in the
giving of any test or the establishment of any open
competitive/promotional lists, for service rendered under a provisional
appointment.
5.6. Probationary Period
5.6.1. Unless a different probationary period is specified in the employment
announcement, application, appointment documents or job
specification, upon beginning a job in a new classification of
employment, all employees must serve a probationary period of twelve
(12) months. Periods of time during unpaid absences shall automatically
extend the probationary period by the number of days of the absence.
Further, periods of time on paid leave exceeding twenty (20) working
days shall extend the probationary period by that number of days the
probationary employee is on such leave. Only employees in the
competitive service who are not at-will employees are subject to
probationary periods. If the service of the probationary employee has
been satisfactory to the appointing authority, then the appointing
authority shall file with the City Manager or designee a statement in
4.2.b
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writing to such effect and stating that the retention of such employee in
the service is desired. If such a statement is not filed, the employee will
be deemed to be unsatisfactory and their employment terminated at the
expiration of the probationary period. Where a statement of satisfactory
service has not been filed, notice of the termination shall be served on
the terminated employee by the City Manager or designee after the
expiration of the selection period.
5.6.2. The City may establish probationary periods exceeding twelve (12)
months in duration for positions involving duties and responsibilities that
the City believes warrant an extended probationary period. In that event,
the City will indicate the probationary period in the job announcement or
other application-related materials. Further, with respect to existing
classifications, the City must provide advance notice of the probationary
period change to the City employees in those classifications.
5.6.3. During the probationary period, probationary employees may be
released from City employment at any time, without cause, without right
of appeal or hearing. The City is not required to explain the reasons
underlying the release from probationary employment. If the City
approves, the released probationary employee may be appointed to any
vacant position in a classification in which the employee is qualified and
performed satisfactorily for at least one (1) year, subject to a new
probationary period.
5.6.4. Promotional Probationary Period. When a regular employee is
promoted, a promotional probationary period shall begin on the effective
date of the promotion. During the probationary period of a promoted
employee, the Department Head may recommend that the employee be
demoted to the former position, range, and salary if the employee's
performance and/or conduct do not meet the standards of the position
to which the employee was promoted. Such recommendation is subject
to approval by the City Manager or designee. Employees on promotional
probation have no rights to tenure in the promotional position and may
be returned to their former position without cause, without notice and
without right of appeal or hearing. If the former position is not vacant or
not available, the employee on promotional probation shall be separated
from employment without the right of appeal and placed on the eligibility
list for the former position for a twelve (12)-month period. Placement on
an eligibility list does not guarantee that the employee will be re-hired to
the former position once that position becomes available.
5.6.5. Probationary periods do not apply to "at-will" employment as defined in
these Rules, and can be terminated at any time, with or without cause
and without right of appeal or hearing.
5.7. At Will
4.2.b
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Certain positions in the City are designated "at-will." At-will positions are not subject
to the job protections described in these personnel rules, including processes and
rules for recruitment, discipline, termination, probationary periods, testing, and
appointment from eligible lists. At-will employees are subject to these rules only to
the extent that the rules set forth certain benefits and terms and conditions of
employment to which all employees are entitled pursuant to applicable law. Other
rules applicable to at-will employees are set forth in applicable Council Resolutions.
The employment of at-will personnel may be terminated at any time, for any legal
reason, and without any requirement of demonstrating "good cause," and without
right of appeal or hearing. Nothing in these Rules affect or change the at-will nature
of employment for the City.
6. PERFORMANCE EVALUATION PROGRAM
6.1. The City requires employees in the competitive service to undergo
performance evaluations periodically throughout their employment. The City
shall prescribe appropriate forms for completing performance evaluations.
6.2. The purpose of performance evaluations is to communicate to employees
regarding their work performance, and to provide employees an opportunity to
discuss their concerns regarding the same.
6.3. All employees shall receive a written performance evaluation six (6) months
following the date of hire or promotion. Thereafter, within thirty (30) days of
each anniversary date, a written employee performance evaluation will be
completed. Employee may also be requested to complete a written self-
evaluation of their performance, for discussion with the employee's supervisor.
In addition, a performance evaluation may be prepared at any time, at the
discretion of the employee's supervisor.
6.4. Each performance evaluation will be discussed with the employee to identify
areas of successful performance and those which require improvement. The
employee may comment regarding their work performance, either in an
attached written statement or orally to the supervisor. Written statements
submitted by the employee will be included into the final evaluation document
and filed.
The employee must sign the evaluation, which will signify that they are aware
of the contents. The employee's signature does not imply agreement with the
contents of the evaluation. If the employee refuses to sign the evaluation, a
witness will sign as acknowledgment the employee’s refusal to sign the
evaluation. All employee evaluations will be signed by the employee's direct
supervisor, the employee's Department Head, and the City Manager, or
designee.
6.5. Performance evaluations are kept in employee personnel files. Employees
may submit comments or rebuttals to their performance evaluations within
4.2.b
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thirty (30) calendar days of issuance, and these documents will also be
maintained in the personnel files with the performance evaluations.
7. FITNESS FOR DUTY EVALUATIONS
All employees must be physically and mentally capable of performing the essential
functions of their jobs. The City, at its expense and selection, may require an
employee to undergo a fitness for duty evaluation based on any reasonable cause.
8. PERSONNEL FILES
8.1. The City maintains an official personnel file for each of its employees.
Personnel files contain personnel records deemed necessary for the
administration of human resources in the City.
8.2. Personnel files are available for inspection by employees within a reasonable
time after an employee's request and without loss of pay, provided that
employees make arrangements with their supervisor if the inspection occurs
on duty. Upon written request, employees may obtain copies of the materials
subject to inspection. The City may preclude inspection of certain information
in accordance with the law, such as background and other pre-employment
information, and materials relating to investigations.
8.3. The City maintains injury reports and confidential medical records in separate
files. No information contained within an employee’s personnel file will be
released to a third party unless a waiver has been signed by the employee,
except as required by law. Only those documents which have been specifically
released by the employee as shown in the waiver will be shown to the third
party.
9. WAGE AND HOUR BENEFITS
9.1. General Provisions
9.1.1. Wages and benefits are subject to approval by the City Council. Wages
and benefit schedules are contained in the City's Salary and Benefit
Plans covering the City's classifications. Employees having any
questions about employment classifications, wages and benefit
schedules should contact City Human Resources.
9.1.2. The City is committed to observing all of its obligations under the Fair
Labor Standards Act ("FLSA"). These rules, as well as all applicable
provisions in memoranda of understanding, Council Resolutions, and all
City pay practices, shall comport with, and shall be interpreted to ensure
the minimum requirements of, the FLSA.
9.1.3. The City Manager or designee will designate a workweek for employees
in accordance with the law. The usual working hours for City employees
4.2.b
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shall be 8:00 a.m. to 5:00 p.m. (including a one-hour unpaid lunch break)
and a normal workweek consists of forty (40) hours. Some departments
may require a different work schedule developed by the Department
Head and approved by the City Manager or designee. Alternative or
flexible schedules that result in a regular schedule of more than forty
(40) hours in a workweek are not permitted. Any flexible day(s) must be
taken within the same workweek, must be scheduled as not to interfere
with assigned duties, and are subject to approval by the Department
Head and/or City Manager. All alternative or flexible schedules must be
reviewed prior to effective date to ensure compliance with FLSA.
9.1.4. Except when necessary to address an emergency or special
circumstance, employees who are entitled to overtime compensation
under the law may not work outside of regularly scheduled working
hours or during unpaid meal periods without the prior authorization of a
supervisor. In any emergency event, employees must report overtime
work as soon as possible after the work is performed. Violations of this
rule may result in discipline, up to and including termination of
employment.
9.1.5. Overtime for eligible employees are any hours worked in excess of forty
(40) hours during a single workweek.
9.1.6. Non-exempt employees, working in excess of the normal forty (40) hour
workweek, shall be paid at an hourly rate of one and one-half times the
regular hourly rate. Non-exempt employees may choose to be
compensated for overtime work through compensatory time off (CTO)
at the rate of one and one-half hours comp time per overtime hour
worked instead of receiving cash payment. The decision to receive
overtime pay or comp time credit shall be made at the end of the pay
period in which the overtime is worked, provided the employee has not
accrued the maximum comp time allowed. Employees may not convert
comp time to overtime pay except at termination of employment or
change in eligibility for CTO accrual. CTO may be accrued up to a
maximum as established by these Rules.
9.1.7. For purposes of calculating overtime pay, holidays count as hours
worked within a workweek. Paid leaves do not count as hours worked
within a workweek. Employees eligible for overtime who take minutes at
a City Council, Commission or Committee meeting shall be
compensated at one and one-half times their hourly rate for the time
they are attending the meeting, regardless of the hours worked in the
corresponding workweek.
9.1.8. The City designates as "FLSA Exempt" those employees who work in
professional, executive or administrative capacities and who are
therefore not entitled to overtime compensation under the FLSA.
4.2.b
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9.2 Pay Increase
9.2.1. Market Rate Adjustments: All Market Rate Adjustments shall be based
on an annual salary survey as determined by the City Manager and
approved by the City Council.
(a) As provided for in the salary and benefit plan, the City Manager
is authorized to assign salaries within a range, which is adopted
by the City Council in the Salary Plan.
(b) The Market Rate Adjustments amount shall be established on an
annual basis based on the change in the employee's salary range
from one fiscal year to the next as determined by a survey and
shall not exceed 4% unless an employee's actual salary falls
more than 4% below the bottom of the new salary range.
(c) Market Rate Adjustments shall be effective July 1st annually.
(d) The Market Rate Adjustment shall be noted on the Personnel
Action Form that must be approved by the City Manager or
designee.
9.2.2. Merit Adjustments are separate from Market Rate Adjustments and shall
be based entirely on employee performance.
(a) Each fiscal year, the City Manager or designee will determine the
maximum Merit Adjustment percentage based on the Council-
authorized Salary Plan for all regular employees regularly
scheduled to work twenty (20) or more hours per week.
(b) The City Manager or designee will notify all regular employees
prior to the start of the fiscal year the amount available for Merit
Adjustments.
(c) Any recommendation for a Merit Adjustment shall include a
written performance evaluation.
(d) An employee's performance is reported on a form designated by
the City Manager or designee. Where applicable, this evaluation
also includes input and observations from the employee's
supervisor.
(e) Based upon the performance evaluation, the City Manager or
designee may authorize an additional Merit Adjustment, provided
that adjustment will not create a salary that is greater than the
range authorized in the adopted Salary Plan. The amount of the
adjustment shall be based on the evaluation presented and any
other factors indicating the employee's work performance.
4.2.b
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(f) The effective date of any Merit Adjustment shall be noted on the
Personnel Action Form that must be approved by the City
Manager or designee.
9.2.3. Performance Pay Adjustments are separate from Merit Adjustments and
are intended to provide limited pay adjustments given an employee's
salary position within the adopted pay range.
(a) An employee shall be eligible for a Performance Pay Adjustment
annually, provided the other criteria in this section have been met.
This is to allow for a Performance Pay Adjustment in conjunction
with an employee's annual review related to the employee's
anniversary date.
(b) A Performance Pay Adjustment shall be a one-time wage
increase, which will not alter the pay range adopted pursuant to
the adopted Salary Plan.
(c) This adjustment may be granted to a regular employee scheduled
to work twenty (20) or more hours per week, if the evaluation
process followed under provisions for Merit Increases (Section
9.2.2) indicates that the employee's performance is at an
exceptional/superior level, which would warrant a Performance
Pay Adjustment beyond the adopted salary range.
(d) A Performance Pay Adjustment shall be at the discretion of the
City Manager or designee and will be based on a written
performance evaluation and any other factors indicating the
employee's work performance.
(e) Performance Pay Adjustments shall be a one-time lump sum
payment which shall not exceed 9% of the employee's annual
salary. For purposes of this section, the employee's annual salary
shall be twelve (12) times the employee's monthly salary prior to
the adjustment.
(f) The effective date of any Performance Pay Adjustment shall be
noted on the Personnel Action Form that must be approved by the
City Manager or designee.
10. WORKWEEK, CALL-BACK PAY, MEAL PERIODS, AND LACTATION
BREAK
10.1. Workweek
10.1.1. The City's basic workweek for full time employees is forty (40) hours
per week, in a seven (7) day period. The workweek commences at
4.2.b
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12:01 a.m. every Saturday and is a regularly recurring seven (7) day
period ending at 12:00 p.m. every Friday.
10.1.2. The City shall establish and may modify regular working hours for its
employees. The City may require employees to work overtime and to
perform standby responsibilities. Employees shall be responsible for
reporting to work on time and observing the work schedule established
for their department.
10.2. Call-Back Pay
When an employee, considered non-exempt for the purposes of the Fair Labor
Standards Act (FLSA), has completed a normal shift for the day, is on a regular day
off, or is on paid leave, and is called back to work, the employee will, upon reporting,
receive a minimum of two (2) hours work at the overtime rate (time and one-half), or
if two (2) hours of work is not furnished, a minimum of two (2) hours of pay at the
overtime rate. Subsequent hours worked under this section, will be paid according to
the overtime provision in Section 9 of these Rules. This provision does not apply to
instances in which the employee is called to report before the regular starting time
and is furnished work until the end of his/her normal shift. The first two (2) hours of
call back pay, per occurrence, cannot be taken as compensatory time off and will be
paid to the employee as a cash payment.
10.3. Meal Periods
Unless otherwise established for a department or particular employees, employees
shall receive a thirty (30) or sixty (60) minute meal period that shall not be
compensated. During the meal period, the non-exempt employee must be completely
relieved of duties. If the employee is authorized in advance and performs work during
the meal period, the employee shall be compensated. Meal periods may not be used
to shorten the workday.
10.4. Lactation Break
An employee who wishes to express breast milk for her infant child during her scheduled
work hours will receive a reasonable amount of additional unpaid time beyond any
compensated rest period. Those desiring to take a lactation break must notify a supervisor
prior to taking such a break. Breaks may be reasonably delayed if they would seriously
disrupt operations. Once a lactation break has been approved, it should not be
interrupted except for emergency or exigent circumstances.
For additional information concerning lactation accommodation, see the Lactation
Accommodation policy.
11. LEAVES
11.1 Leave Overview
11.1.1. Employees are expected to be at work at scheduled times. To ensure
public accountability and the integrity of public service, all employees
4.2.b
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are expected to account for their absences from work. Leave time is
chargeable in increments of one- quarter of an hour (1/4) or fifteen (15)
minutes.
11.1.2. Scheduled leaves are subject to approval by the Department Head and
scheduled two (2) weeks in advance whenever possible, with due
regard for the City’s service needs.
11.1.3. The City may employ any reasonable measure to ensure employees
are properly accounting for leaves, including requiring reasonable proof
that the basis for the leave is legitimate. Employees may be required to
submit a medical certification of sickness supporting a request for sick
leave use pursuant to these Rules and City policy. The City may require
a fitness for duty certification from any employee returning from leave.
Abuse of leave privileges, including working for a secondary employer
while on sick leave, may subject an employee to disciplinary action, up
to and including termination of employment.
11.1.4. Leave benefits are available only to regular, or probationary,
employees regularly scheduled to work more than 1,040 hours on an
annual basis, but not temporary part-time or "extra help" personnel
unless otherwise noted.
11.2. General Leave
11.2.1. A General Leave Plan has been established for all employees in the
competitive service regularly scheduled to work more than 1,040 hours
on an annual basis, in lieu of traditional vacation and sick accrual
programs. The City's General Leave Plan conforms with the Healthy
Family Act of 2014 (CA Paid Sick Leave). General leave may be used
for any leave purpose; however, the following sections govern its use.
11.2.2. Employees shall give at least two (2) weeks’ notice of a General Leave
request. Employees who terminate employment cash out their accrued
but unused General Leave at the employee's hourly rate at the time of
separation from City service.
(a) Scheduled Leave: Any leave which can be reasonably forecast or
anticipated (i.e. vacation leave), scheduled medical/dental
appointments, extended weekends, personal leave, etc.
(b) Unscheduled Leave/Paid Sick Leave: Any leave that is genuinely
of an unanticipated nature (i.e. leave due to illness); Unscheduled
Leave exceeding five (5) days may require a certificate indicating
that the employee was unable to work and may also be required
to specify whether the employee can return to work with or without
restrictions.
4.2.b
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11.2.3. Employees accrue General Leave at the following rates:
(a) Full-Time employees in the competitive service accrue General
Leave for each bi-weekly period of service, based on the years of
service with the City. If an employee begins work on any date
other than the first working day of a bi-weekly pay period, the
amount of General Leave earned in that period is proportionate
to the number of days worked. The accrual of general leave
begins on the first day of work. The bi-weekly period coincides
with the payroll period established by the City.
Length of Service Leave Accrued Each
Bi-weekly Pay Period
Leave
Accrued Each
Year
Beginning with the first
month through 5th year (60th
month)
6.77 Hours 22 days
Following the 5th year through the
10th year (61st – 120th month)
8.31 Hours 27 days
Following the 10th year through
the 15th year (121st month –
180th month)
8.92 Hours 29 days
Following the 15th year
(181st month)
9.54 Hours 31 days
(b) For employees in the competitive service scheduled to work
between 20 and 40 hours per week, the pro-rata share to be
accrued will be the percentage of a regular 40 hour work week
which they are scheduled to work, multiplied by the leave accrued
per month, as shown in Sub-section (a) above. For example, an
eligible employee scheduled to work 20 hours per week will
accrue 50% of the accrual rate in Subsection (a) above, and an
employee scheduled to work 30 hours per week will accrue 75%
of the accrual rate shown in Subsection (a) above. The regularly
scheduled number of work hours must be designated on the
Personnel Action Form.
11.2.4. No employee shall accrue more than 480 hours of General Leave.
When an employee's unused leave balance reaches this limit, the
employee shall no longer accrue General Leave until the balance falls
below the maximum accrual limit.
11.2.5. If, during the first twelve (12) months of employment, an employee
exhausts all leave accrued, the City Manager may advance an
employee up to forty (40) hours of general leave. An advance may only
be provided when it is in the best interest of the City and the following
conditions are met:
4.2.b
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(a) The request is in writing, stating the reason for the advance; and
(b) The employee states the date of anticipated return.
(c) The advance of leave is part of a hiring process approved by the
City Manager.
Any leave that is advanced will be deducted from future accruals. If an
employee terminates employment prior to repayment of the advanced
leave, the employee is required to reimburse the City for paid salary
and benefits which were not earned by the employee.
11.2.6. Any employee separating from City service who has accrued General
Leave is entitled to pay of such general leave. When separation is
caused by death of an employee, payment will be made to the spouse
or the estate of the employee or, in applicable cases, as provided by
the Probate Code of the State. General leave will be paid out at the
employee's current hourly rate at time of termination for any unused
general leave.
11.3. Sick Leave
11.3.1. Part-time temporary employees are eligible to accrued Sick Leave in
accordance with the Healthy Family Act of 2014 (CA Paid Sick Leave).
11.3.2. Pursuant to the City's General Leave Plan, regular and probationary
full-time employees may earn Sick Leave only if the employee is
ineligible to accrue General Leave due to reaching the maximum
accrual limit. When a regular or probationary employee has reached
the maximum General Leave accrual, the employee accrues sick leave
at the rate provided for General Leave. Once a regular and
probationary employee’s General Leave accrual is below the maximum
accrual limit, the employee will no longer accrue Sick Leave and will
begin accruing General Leave.
11.3.3. Full-time regular and probationary employees may not accrue more
than 360 hours of sick leave. When an employee's unused sick leave
balance reaches this limit, the employee is no longer be eligible to earn
sick leave.
11.3.4. Use of accrued sick leave hours, pursuant to the City's General Leave
Plan, are not considered a right which may be used at an employee's
discretion but are allowed only in case of necessity. An employee is
eligible to use sick leave hours, as defined in by the General Leave
Plan, in the following instances:
(a) For an employee's illness or injury when the illness/injury
prevents the employee from working.
4.2.b
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(b) For an employee's dental, eye, or other physical or medical
examination or treatment by a licensed provider.
(c) For family medical purposes when a member of the employee's
immediate family is involved. This shall include the family
member's illness, accident, medical appointments, or other
related occurrences.
(d) For victims of domestic violence, sexual assault, or stalking to:
i. To obtain or attempt to obtain a temporary restraining order or
other court assistance to help ensure the health, safety, and
welfare of the employee or employee’s child.
ii. Obtain medical attention or psychological counseling; services
from a shelter; program or crisis center; or participate in safety
planning or other actions to increase safety. (Labor Code
2230(c); 233(b)(3)(A); 246.5(a)(2))
11.3.5. Employees who use sick leave hours, pursuant to the City's General
Leave Plan, will be required to file a request form with the City Manager
or designee stating the basis for the absence. The request must be on
a form developed and implemented by the City Manager or designee.
Once an employee has used half of the sick leave accrued, the City
may, within its discretion, request medial certification for any further
sick leave use. The medical provider may also be required to specify
whether the employee can return to work with or without restrictions.
Such release of medical information shall be in compliance with the law.
11.3.6. If a finding of industrial disability is made in connection with California
Public Employees Retirement (CalPERS), employees may not be
permitted to exhaust paid sick leave balances prior to retirement unless
the City Manager, at sole discretion, approves.
11.3.7. Any employee separating from the City service who has unused Sick
Leave hours, pursuant to the City's General Leave Plan, will not be
compensated for any Sick Leave hours remaining at the time of
termination, unless specified through an individual employment
agreement.
11.4. Family Medical Leave (FMLA)/California Family Rights Act (CFRA)
In accordance with the Family and Medical Leave Act of 1993 (FMLA), "California
Family Rights Act" (CFRA), and Military Caregiving Leave, eligible employees may
take up to a total of twelve (12) work weeks of family and medical leave during a
twelve (12) month period for a qualifying event. Please reference the City’s FMLA
4.2.b
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and CRFA policy for the administering of the leaves.
11.5. Pregnancy Disability Leave
The City shall provide pregnancy disability leave to eligible employee in accordance
with applicable law. The City will follow the City’s FMLA and CFRA policy to
administer Pregnancy Disability Leave.
11.6. Work Related Injury or Illness Leave
Work Related Injury or Illness Leave shall be granted only after the City's Workers'
Compensation administrator has declared the illness/injury to be compensable under
the California Workers' Compensation law. The City may grant up to fifty (50) hours
of paid time off (per incident) for an employee to attend ongoing medical
care/treatment during work hours in conjunction with a work-related injury/illness. Use
of Work-Related Injury or Illness Leave hours shall not be considered as a right that
may be used at an employee's discretion but shall be allowed only in case of
necessity. Employees who use leave hours may be required to provide a written
explanation to the City Manager or designee stating the cause of absence and report
the hours as instructed on their timesheets. Said explanation shall be on a form
developed and implemented by the City Manager or designee. Only regular
employees or probationary are eligible for Work Related Injury or Illness Leave.
Employees suffering injuries in the course and scope of their work may be entitled to
workers' compensation benefits. Employees having questions regarding this rule
should contact Human Resources.
11.7. Catastrophic Illness Leave
Upon approval of the City Manager or designee, a catastrophic sick leave bank may
be established for the benefit of an employee incapacitated by an extreme or severe
illness or injury. Employees may donate general leave and/or sick leave to another
employee in accordance with the City’s Catastrophic Leave Administrative Policy.
11.8. Military Leave
Military Leave shall be granted in accordance with the provisions of state and federal
law. An employee requesting leave for this purpose must, whenever possible, provide
in advance to the City Manager or designee, with a copy of the military orders
specifying the dates, site and purpose of the activity or mission. Within the limits of
such orders, the City may determine when the leave is to be taken and may modify
the employee’s work schedule to accommodate the request for leave.
11.9. Jury Duty Leave
Employees summoned by state or federal court to jury duty shall be entitled to full
pay during the period of jury service. Employees must keep their supervisors
informed of their court schedule and provide proof of jury service to the City with their
timesheet. Employees pay any fees received for jury service to the City, except for
mileage reimbursement. Jury Duty Leave does not count towards hours worked for
4.2.b
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purposes of calculating overtime.
11.10. Administrative Leave
An employee, in the competitive service, who is designated as FLSA Exempt under
these Rules, will be granted on July 1st of each year forty (40) hours of Administrative
Leave in recognition for being required to work hours beyond their regular hours of
work to fulfill their employment responsibilities.
(a) On December 1st of each year, exempt employees may choose to be paid to a
maximum of twenty (20) hours of their unused Administrative Leave. Payment
for this administrative leave will be paid with the first pay period ending date
after December 1st of each year.
(b) The use of Administrative Leave requires the approval of the employee's
Department Head and City Manager or designee prior to the absence. A
request for scheduled Administrative Leave should be submitted on a form
designated by the City. The employee who has available Administrative Leave
and requests use of Administrative Leave is permitted to use time off within a
reasonable period after making a request if use does not unduly disrupt the
operations of the City. Employees should make every effort to submit requests
to take Administrative Leave two (2) weeks prior to the requested leave.
(c) On June 30th of each year, or if an employee terminates employment prior
to June 3 0 th employees are required to forfeit any unused balances of
Administrative Leave.
11.11. Leave Without Pay
The City in its discretion may permit employees to be on leave without pay (LWOP)
not to exceed ninety (90) days. An extension of any leave of absence without pay
beyond ninety (90) days may be granted upon approval of the City Council when such
extension of leave is in the best interest of the City. Employees in such status do not
accrue benefits, or receive service credit, and may be required to pay for portions or
all health and welfare benefits/premiums during the period of their leave without pay
status. Employees may take personal leave without pay when required by law.
11.12. Bereavement Leave
The City grants bereavement leave to include leaves of absence with pay up to five
(5) workdays where a member of the employee's or spouse's or domestic partner's
immediate family dies. The City in its discretion may require some proof that a death
in the family has occurred. Bereavement leave is available only within thirty (30) days
of a death in the family, unless the employee has made arrangements with the City
regarding its use at a later date.
11.13. Holidays
4.2.b
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The City observes the following legal holidays, which are available to those employed
prior to or on the date of the holiday:
(a) New Year's Day
(b) Martin Luther King Jr. Birthday
(c) Presidents Day
(d) Memorial Day
(e) Independence Day
(f) Labor Day
(g) Veteran's Day
(h) Thanksgiving Day
(i) Day After Thanksgiving
(j) Day Before Christmas
(k) Christmas
(l) Day Before New Year's Day
(m) Floating Holidays (two (2) eight-hour holidays per calendar year)
11.13.1 In the event that a holiday falls on a Saturday, the preceding Friday
shall be a holiday. In the event a holiday falls on a Sunday, the
following Monday shall be a holiday. In cases where one of two (2)
consecutive holidays falls on a weekend day (e.g., the Day before
Christmas and Christmas Day/the Day before New Year's and New
Year's Day) a conflict may occur with the paragraph above. In such
cases, the City Manager designates the day(s) to be observed as a
holiday(s) in lieu of the holiday(s), which falls on Saturday and/or
Sunday. The City Manager's designation shall not result in the
observation of more total holidays than are approved in the Benefit
Plan.
11.13.2. If a non-exempt employee is required to work on a holiday, the
employee shall be compensated straight time rate for the first eight
(8) hours of work and in addition, shall receive pay at time and one-
half of their hourly rate in lieu of time off for said holiday.
11.13.3. The floating holidays are subject to supervisory approval and may not
be carried over to another calendar year and are lost unless used
prior to the end of the calendar year.
11.14. Compensatory Time Off (CTO)
Non-exempt employees may choose to be compensated for overtime work through
compensatory time off (CTO) at the rate of one and one-half hours comp time per
overtime hour worked instead of receiving cash payment. CTO may be accrued up
to a maximum of 100 hours for regular and probationary non-exempt employees. If
an employee reaches the maximum limit, they shall be compensated for all overtime
worked. If an employee has accrued any unused CTO at termination, the employee
shall be paid for such unused CTO at their regular rate of compensation at
termination.
4.2.b
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11.15. School Leave
Employees who are parents, guardians or grandparents of a child in kindergarten
through grade 12 may take up to forty (40) hours per year, not exceeding eight (8)
hours in a month, to participate in the child's school activities. The employee must
use accrued General Leave, floating holiday, Administrative Leave or Compensatory
Time for this leave. Prior notice of the need for this leave must be given to the
immediate supervisor.
If an employee who is the parent or guardian of a child facing suspension from school
is summoned to the school to attend a portion of the school day in their child’s
classroom, the employee should alert their supervisor or manager as soon as
possible before leaving work. In accordance with California Labor Code § 230.7, no
adverse action will be taken against an employee who takes time off for this purpose.
11.16. Voting Time
Employees will be granted time off with pay to vote in any general, direct primary or
presidential primary election in accordance with the provisions of the Elections Code
section 14000. Employees must give notice to their immediate supervisors of their
need to take such time off as soon as practical.
11.17. Civic Service Leave
Civic Service Leave is available every Fiscal Year to employees for qualified volunteer
service during the workweek pursuant to the Benefit Plan. On June 30th of each year, or
if an employee terminates employment prior to June 30th, employee shall forfeit any
unused balance of Civic Service Leave. Prior request of the need for this leave must be
given to the immediate supervisor. Said request form shall be on a form developed and
implemented by the City Manager or designee.
11.18. Time Off for Immediate Family of Victims of Crime
Employees who are the immediate family members (spouse, child, stepchild, brother,
stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) or registered
domestic partner of a victim of a violent or serious felony may take time off from work in
order to attend judicial proceedings related to that crime. The crime must be an offense
enumerated in Labor Code Section 230.5(a)(2).
11.19. Leave to Perform Emergency Duties or to Attend Related Training
An employee may take leave to perform duty as a volunteer firefighter, a reserve peace
officer, or emergency rescue personnel. However, the City does not have to provide this
leave if the employee’s absence would hinder the City’s availability to provide public
safety or emergency medical services.
11.20. Unauthorized Leave or Job Abandonment
An unauthorized absence from the work site or failure to report to duty after a leave
4.2.b
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request has been disapproved, revoked, or cancelled by the appointing authority, or at
the expiration of a leave, shall be without pay. Such absences may be grounds for
disciplinary action, including termination.
12. TRANSFERS/ACTING PAY
12.1. A non-probationary City employee with at least satisfactory appraisal ratings
may request a transfer to a lateral or other lower level vacant position in the
City. The transfer request may be initiated by submitting forms as prescribed
by Human Resources. The employee requesting a transfer must meet the
minimum qualifications for the vacant position and may be subject to interviews
and other pre- employment processes specified by the City. Following
reasonable notice to City employees, vacant positions may be filled through
transfers rather than appointments from eligible lists.
12.2. The City may initiate a transfer of a disabled employee who qualifies under
applicable disability laws but cannot perform the essential functions of their job
without reasonable accommodation. Such transfers will have priority over any
eligibles on an existing eligible list.
12.3. Acting Pay
Employees assigned to perform duties of an assignment, in writing by the City
Manager or designee, who pursuant to such assignment, assumes and
performs all of the ordinary day-to-day duties of a position of a higher
classification for at least thirty-one (31) consecutive work days shall be paid an
additional 5% of the regular pay of their own classification, or the first step of
the higher classification in the classification plan whichever is greater, for all
time worked in the assigned higher classification.
Work assignments shall not be changed for the sole purpose of evading the
requirement of providing acting pay to an employee who would otherwise be
eligible. The effective date of any change in assignment under this section shall
be noted on a Personnel Action Form that must be approved by the City
Manager or designee. A Personnel Action Form shall be generated upon the
completion of the acting pay status identifying regular pay of an employee’s
classification prior to the acting pay authorization.
13. LAYOFF AND RECALL
13.1. Whenever in the sole judgment of the City Council it becomes necessary to
abolish any position that is held by a full time regular employee due to a
reorganization, or lack of work or funds, the employee holding that position
may be laid off or demoted without disciplinary action and without the right of
appeal. Whenever possible, employees will be given at least thirty (30) days’
notice of any layoff.
13.2. When a layoff involves a position or classification held by more than one
4.2.b
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person, layoffs will be made in a reverse order of seniority. Seniority will be
determined by including all periods of full-time regular service at or above the
classification level where the layoff is to occur.
13.3. Persons laid off or demoted in accordance with this Rule will have their names
kept on a re-employment list for two (2) full years from the date of layoff or
demotion. The re-employment list will be used by the City when a vacancy
arises in the same or lower classification of position in the department where
the layoff originally occurred before seeking promotional and/or general
applications from others.
13.4. This Rule does not apply to at-will, part-time or probationary employees.
14. EMPLOYEE SAFETY/VIOLENCE IN THE WORKPLACE
The City is committed to providing a safe and secure workplace and will not tolerate acts
or threats of violence in the workplace. (Labor Code § 6400.) The workplace includes any
location where City business is conducted, including vehicles and parking lots.
Safety is everyone's responsibility. All employees must use safe work practices and
report any unsafe conditions that may occur. Please become familiar with the City’s
Workplace Violence Prevention policy.
15. GRIEVANCE PROCEDURE
15.1. The grievance procedure is intended to provide an avenue only for redress of
complaints that the City has in some manner violated these any of the
Personnel Rules.
15.2. The grievance appeal must be initiated by the employee (appellant) within
fifteen (15) calendar days of the facts giving rise to the appeal and must be
submitted to Human Resources. Failure to initiate an appeal within this
timeframe will result in denial of the appeal as untimely and void. Human
Resources may submit the appeal for response as the first step to a directly
involved supervisor or another department representative.
15.3. Appeals must be in writing, signed by the affected appellant(s) and allege that
the City has violated a specific provision of these Rules. Appeals must contain
the specific facts upon which they are based. Appeals that fail to include these
elements may be rejected on that basis. An email may serve as a written
appeal.
15.4. Human Resources will review the appeal and shall serve notice of a written
response within fifteen (15) calendar days of receipt of the appeal.
15.5. If the appellant is dissatisfied with the City's first response, the appellant may
submit an appeal to the City Manager. The appeal must be received by the
City Manager within fifteen (15) calendar days of Human Resources’ decision.
4.2.b
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15.6. The City Manager, or the City Manager's designee, will review the appeal and
shall serve notice of a written response within 15 calendar days of receipt of
the appellant's appeal. The City Manager's decision shall be final.
15.7. No other grievance or appeal procedure may be used for matters within the
scope of this appeal procedure.
15.8. Exhaustion of this appeal procedure is intended to provide an informal avenue
for redress of complaints relating to these rules, and to give the City an
opportunity to investigate the complaint and correct any problems before they
become more serious.
16. DISCIPLINE/GENERAL RULES OF CONDUCT
16.1. General Rules of Conduct
It is expected that all employees shall render the best possible service to, and reflect
credit on, the City. Therefore, the highest standards of professional conduct are
essential and expected of all employees.
16.2. Disciplinary Actions
The City of Dublin may invoke the following types of disciplinary actions:
(a) Official Reprimand
(b) Suspension Without Pay
(c) Reduction in Pay
(d) Demotion
(e) Disciplinary Probation
(f) Discharge/Termination
16.3. Grounds for Discipline
16.3.1. Disciplinary measures may be taken for any good and sufficient cause.
City employees who are employed "at-will," or who are temporary or
probationary, are not subject to the requirement of good cause, and are
not entitled to pre-discipline procedures or appeals under these
policies.
16.3.2. Good cause exists not only when there has been an improper act or
omission by an employee in the employee's official capacity, but when
any conduct by an employee brings discredit to the City, affects the
employee's ability to perform assigned duties, causes other employees
inability to perform their duties, or involves any improper use of their
position for personal advantage or the advantage of others. Good
cause also exists if an employee is unable to perform the duties of their
position for an extended period of time. The type of disciplinary action
4.2.b
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depends on the seriousness of the offense and the relevant
employment history of the employee. Causes for disciplinary action
against an employee may include, but are not limited to, the following:
(a) Misstatements or omissions of fact in completion of the
employment application or to secure appointment to a position with
the City.
(b) Dishonesty; furnishing knowingly false information in the course of
the employee's duties and responsibilities.
(c) Inefficiency, incompetence, carelessness or negligence in the
performance of duties.
(d) Violation of safety rules.
(e) Violation of any of the provisions of these personnel rules and
regulations, department rules and regulations, City policies, City
ordinances or resolutions.
(f) Inattention to duty.
(g) Tardiness, overstaying lunch periods, or leaving early.
(h) Being under the influence of an intoxicating beverage or non-
prescription drug, or prescription drugs not authorized by the
employee's physician, while on duty or on City property, or any
other violations of the City's Drug and Alcohol-Free Workplace
policy.
(i) Disobedience to proper authority, refusal or failure to perform
assigned work, to comply with a lawful order, or to accept a
reasonable and proper assignment from an authorized supervisor.
(j) Unauthorized soliciting on City property.
(k) Unauthorized absence without leave; failure to report after leave of
absence has expired or after a requested leave of absence has
been disapproved, revoked or canceled; or any other unauthorized
absence from work.
(l) Conviction of a felony, or a misdemeanor involving moral turpitude,
or a violation of a federal, state or local law which negatively
impacts the employee's ability to effectively perform their job or
brings discredit to the City.
(m) Discourteous and/or offensive treatment of the public or other
employees.
4.2.b
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(n) Falsifying any City document or record.
(o) Misuse of City property; improper or unauthorized use of City
equipment or supplies; damage to or negligence in the care and
handling of City property.
(p) Theft or sabotage of City property.
(q) Sleeping on the job, except as specifically authorized.
(r) Accepting bribes or kickbacks.
(s) Intimidation or interference with the rights of any employee.
(t) Outside work or any other activity or conduct which creates a
conflict of interest with City work, which causes discredit to the City,
negatively impacts the effective performance of City functions or is
not compatible with good public service or interests of the City
service.
(u) Failure to obtain and/or maintain the necessary license or
certification specified for the position; failure to maintain minimum
qualifications for a position including required licenses or
certificates.
(v) Abusive or intemperate language toward or in the presence of
others in the workplace.
(w) Gambling on the job.
(x) Excessive absenteeism; inability to perform the duties of the
position.
(y) Conduct unbecoming a City employee.
(z) Any other conduct of equal gravity to the reasons enumerated
above as determined by the City.
The above reasons are indicative and not restrictive. Discharge, suspension, demotion,
reduction in pay or other discipline may be based on reasons other than those specifically
mentioned above.
16.4. Authority to Discipline
16.4.1. Any authorized supervisory employee may institute disciplinary action
for cause against employees under their control in accordance with the
procedures outlined in these R ules.
16.4.2. The City in its discretion may place employees on paid Administrative
Leave. Employees on such leave are subject to the City's instructions
during their normal working hours.
4.2.b
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16.5. Procedure for Disciplinary Action
In the absence of a process in a Memorandum of Understanding (MOU), employees
covered by this Rule are governed by the following provisions.
16.6. Written Notice/ Pre-Discipline Meeting/ Final Action
16.6.1. Written Reprimands
The employee may submit a written response to the reprimand which
shall be placed in the employee's personnel file. There is no further right
of appeal to a written reprimand. For other discipline, the City shall issue
a written notice of intent to discipline (NOI), describing the intended
discipline, the basis for the discipline, and attaching any documents
upon which the discipline is based.
16.6.2. Minor Discipline
For other discipline that is less severe than a reduction in pay or
suspension of six (6) working days, the discipline may be imposed prior
to providing the employee a right to respond to the discipline. Within a
reasonable time after the discipline is imposed, or before the discipline
is imposed, within the City's discretion, the City must provide the
employee with NOI, which includes the reasons for the action, a copy
of the charges including materials upon which the action is based, and
notice of the employee's right to respond, orally or in writing, to the
proposed action. If the employee chooses to respond orally, the City
Manager, or designee, shall convene a meeting to review the
employee's response and position. The employee is entitled to a
representative of choice to attend the meeting. If the City Manager (or
designee) decides to reduce the discipline, and if the employee has
already served a disciplinary suspension for the offense, the employee
will be compensated commensurate with the reduction in discipline.
The City Manager's (or designee's) decision is final and there is no
further right of appeal.
16.6.3. Major Discipline
For discipline that is greater in severity than a reduction in pay or
suspension of five (5) working days, the employee shall receive notice
of the right to respond, either orally or in writing, before discipline is
imposed. If the employee wants to respond orally, the City will set a
pre-discipline meeting (Skelly meeting) approximately one (1) week
from the date of the NOI, unless a different time and date is set by
mutual agreement.
For discipline that is greater in severity than a suspension of five (5)
working days, the City Manager, or designee, will convene a pre-
discipline meeting (Skelly) to review the employee's response and
position before imposing discipline. The employee is entitled to a
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representative of choice, provided, however, that the inability of a
particular representative to attend the meeting is not the cause
requiring a continuance of the meeting. At the meeting, the employee
will have the opportunity to respond to the charges and to present any
new information for consideration by the City.
For discipline that is greater in severity than a suspension of five (5)
working days, at some reasonable time after the employee has been
provided an opportunity to respond to the NOI, the City shall issue a
final notice of decision to discipline (NOD). The NOD will include the
final decision, the effective date of the discipline and the facts upon
which the discipline is based and notice of the right of appeal.
16.7. Appeal
16.7.1. For discipline that is greater in severity than a suspension of five (5)
working days, employees have the right to appeal the NOD. The
employee's request for an appeal must be received within seven (7)
calendar days from the date of the NOD, or the right to appeal is waived
and the discipline becomes final. The request for an appeal of a NOD,
does not inhibit the NOD from being implemented.
16.7.2. The appeal will be heard by an outside impartial independent hearing
officer to be selected by the City. The costs of the hearing officer will
be borne by the City. The hearing will be transcribed.
16.7.3. The hearing officer has the authority to convene the hearing, receive
evidence through testimony and documents and to make findings of
fact and recommendations about the discipline. The hearing officer may
recommend an outcome, but the final authority rests with the City
Manager. The hearing officer will make detailed findings of facts related
to the disciplinary charges in writing and serve a recommended
decision on the City and the employee. After consideration of the
hearing officer's recommended decision, the City Manager will issue a
final decision in writing. The City Manager's decision is reviewable by
administrative writ of mandamus.
17. RESIGNATIONS
17.1. General Provisions
Employees are free to resign from their employment but are encouraged to give at
least two (2) weeks’ notice. A resignation becomes effective upon the City's receipt
of a written notice of resignation. If no written resignation is tendered, but a
resignation is indicated orally, a resignation becomes effective upon the City's notice
of acceptance of the resignation. Once a resignation becomes effective, it is
irrevocable except that the City Manager may permit a resignation to be rescinded.
4.2.b
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17.2. Job Abandonment
A constructive resignation occurs when an employee has been absent from duty for
three (3) consecutive workdays without prior authorization, or failed to notice the
department of the absence, and did not respond to the City’s inquires, if any, during
the absence. The City shall give the employee notice of such constructive resignation.
Except for at-will or probationary employees, regular employees who are separated
from the City's service by constructive resignation may utilize the City’s Grievance
Appeal procedure.
18. NON-DISCRIMINATION AND HARASSMENT
The City of Dublin is committed to providing an environment that is free from
harassment and discrimination of any kind, including sexual harassment and
harassment based on race, color, religion, creed, national origin, ancestry, age,
citizenship status, physical or mental disability, medical condition, genetic
characteristics or information, marital status, sexual orientation (including
homosexuality, bisexuality, or heterosexuality), gender (including gender identity and
gender expression), pregnancy (including childbirth, breastfeeding, or related
medical conditions), military and veteran status, or membership in any other legally
protected category. Therefore, it is important that the City maintain an atmosphere
characterized by mutual respect in order to assure fair, courteous treatment for
employees and the public. Employees are responsible for reading and
understanding the City’s Harassment, Discrimination, Retaliation, and Abusive
Conduct Prevention policy.
19. ACCOMMODATIONS FOR EMPLOYEE DISABILITIES
Employees with a disability may request a reasonable accommodation for that
disability. Such requests should be submitted to the employee's Department Head,
or Human Resources. If the employee has a disability as defined under the Fair
Employment and Housing Act, the City will engage in an interactive process with the
employee to determine an appropriate accommodation for the employee in
accordance with applicable law if undue hardship does not result to the City’s
operations. To achieve the provisions of this section and the duties of the law, the
City's efforts to reasonably accommodate the employee take precedence over and
preempt any other conflicting provisions or limitations in these Rules, provided that
the City will not terminate or permanently reassign any regular employee to
accommodate another employee. If the City determines that an employee is not able
to perform the essential functions of the job, with or without reasonable
accommodation, the City may remove the employee from their position and apply for
disability retirement for the employee, if the employee is eligible. The City will
endeavor to retain the employee in an employed status until CalPERS has made its
determination regarding the disability retirement application. However, the employee
may be in an unpaid status during this period if applicable paid leaves have been
exhausted. If the employee fails to cooperate in the disability retirement process, the
City may separate the employee from employment.
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20. OUTSIDE EMPLOYMENT
City employees may not engage in any outside employment, enterprise or activity that
the City determines is in conflict with their duties and responsibilities, or any aspect
of City operations. An employee must submit a request for outside employment to
their Department Head. The Department Head shall provide a written decision to the
employee. The written decision will be provided to Human Resources.
21. VOLUNTEERS
21.1. General Provisions
21.1.1. The City may utilize volunteers for the delivery of City services. The
use of volunteers is subject to approval by the City Manager or
designee. Volunteers are subject to fingerprinting according to the
City’s Fingerprinting of Employees and Volunteers policy.
21.1.2. Volunteers are not eligible for salaries, benefits or other compensation
unless specifically provided for by the City. Subject to approval by the
Department Head or City Manager, necessary equipment or uniforms
and reimbursement for approved actual expenses and mileage may
be provided.
21.2. Employee Volunteers
Subject to approval by the City Manager or designee, employees may volunteer to
provide services to the City outside of their normal duties provided they are not
performing the same or similar duties for which they are normally compensated, and
the responsibilities are occasional and sporadic. Employees engaging in such
volunteer assignments are not entitled to compensation. Volunteer time shall not be
considered for the calculation of overtime.
22. DRUG AND ALCOHOL-FREE WORKPLACE
The City's workplace is a drug and alcohol-free workplace. Employees may not be at
work under the influence of alcohol or drugs, may not use or possess alcohol or drugs
while on duty or while on paid standby time and may not sell, manufacture, distribute or
provide drugs to any person while on duty. The City has no intention of interfering with
the private lives of its employees unless involvement with alcohol and other drugs on or
off the job affects job performance or public safety. The City encourages employees to
voluntarily seek help with drug and alcohol problems and offers a confidential Employee
Assistance Program. Employees are responsible for reading and understanding the
City’s Drug and Alcohol-Free Workplace policy.
23. NEPOTISM
No employee, prospective employee, or applicant will be improperly denied
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employment or benefits of employment on the basis of a relationship as defined below
with another employee or official of the City.
Nonetheless, the City retains the right to take appropriate steps to avoid inappropriate
working relationships among relatives, including married persons. For administrative
purposes, a relative is a spouse, domestic partner, child, step-child, parent,
grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, cousin,
niece, nephew, parent-in-law, brother-in-law, sister-in- law or any other individual
related by blood or marriage. The City retains its rights to:
(a) Refuse to place one party under the direct or indirect supervision of the other
party of a relationship.
(b) Refuse to place both parties to a relationship in the same department, division,
or facility when such action has the potential for creating adverse impact on
supervision, safety, security, or morale, or involves potential conflicts of
interest.
(c) Exclude one party to a relationship from contributing to, or recommending
promotions, assignments, performance evaluations, transfers or other personnel
decisions of the other party.
(d) Disqualify one party to a relationship for a position privy to confidential
personnel matters who has a relative already in the City's employment when
the relationship may compromise confidential information.
(e) Effect a transfer in the event the City learns of circumstances described above.
24. GIFTS AND GRATUITIES
No employee of the City may solicit or accept, for self or family, favors, benefits, gifts
or gratuities under circumstances which might be construed by reasonable persons
as influencing the performance of the employee's governmental duties.
25. USE OF INFORMATION AND ELECTRONIC SYSTEMS
Electronic systems are all hardware, software, and other electronic communication
or data processing devices owned, leased, or contracted for by the City of Dublin and
available for official use by City employees. This use includes, but is not limited to,
the Internet, E-mail, voice-mail, cellular telephones, pagers, personal digital assistants,
smartphones, computers/laptops, telecommunications devices, video and audio
equipment, wireless networks, data systems telecommunications equipment, global
positioning equipment, location devices, transmission devices, data processing or
storage systems, computer systems, servers, networks, input/output and connecting
devices, software, agency hosted social media, and documentation that supports
electronic communications services. Employees are responsible for reading and
understanding the City’s Electronic System and Information, Social Media, and Remote
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Computer Access policies.
26. DRESS CODE
Employees of the City are required to dress appropriately for the jobs they are
performing. Therefore, the dress regulations contained in this section shall be
followed. The City reserves the right to direct any employee who is dressed
inappropriately for work to go home and make appropriate changes to their work attire
before returning to work.
(a) All clothing must be neat, clean and in good repair.
(b) Prescribed safety equipment must be worn or utilized where applicable.
(c) Footwear must be appropriate for the work environment and functions being
performed.
(d) Hair, beards, mustaches and sideburns must be maintained in a neat and well-
groomed fashion.
(e) Jewelry is acceptable except in areas where it constitutes a health or safety
hazard.
(f) Good personal hygiene is required.
(g) Dress must be appropriate to the work setting, particularly if the employee
deals with the public.
(h) Employees may be required to wear uniforms specified by the City. City
uniforms shall be worn in a professional manner.
(i) Employees should be mindful of other employees' sensitivity to perfume and
other fragrances, and employees shall refrain from wearing fragrances that are
offensive or harmful to others.
27. USE OF CITY EQUIPMENT
No City-owned equipment, autos, trucks, instruments, tools, supplies, machines, or
any other item that is the property of the City may be used by an employee other than
for City business, unless the City Manager or designee approves in advance. No
employee may allow any unauthorized person to rent, borrow, or use any City
property, except upon prior written approval of the City Manager or designee. For
further information, see the City’s Vehicle Use policy.
28. TRAVEL AND TRAINING POLICY
28.1. The City is committed to ensuring that its employees receive adequate training
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to perform their jobs. Training and travel are subject to department approval.
Training opportunities that occur outside normal work hours require approval
by the Department Head. Overnight travel also requires approval by the
Department Head.
28.2. The City generally requires that training, and attendant travel, be scheduled in
a way that will minimize the City's overtime liability. From time to time, the City
issues policies that govern these areas. Employees must observe these
policies.
28.3. City business travel shall be carried out in an efficient, cost-effective manner
resulting in the best value to the City. Telecommunications instead of travel
should be considered when possible. The City will pay or reimburse all
business travel related expenses based on reasonableness and on the actual
amount of expense incurred by the employee pursuant to the City's official
Travel and Other Business and Reimbursement of Expenses policy as may be
amended. Employees having questions about the City's travel and training
policies should contact their supervisor or the Administrative Services
Department.
29. MISCELLANEOUS
29.1. City May Amend or Revise Rules and Policies
From time to time the City may adopt new or amended Rules and policies, after
appropriate consultation with the City employees.
29.2. No Contract
These Rules do not create a "contract" of employment between the City and
any employee. Public employment is statutory, not contractual.
29.3. Severability
If any part of these Rules is determined to be unconstitutional or illegal, such
part shall be severed from these Rules and the remaining Rules given full force
and effect.
29.4. Word Usage
The term "City" as used in these Rules refers to the City of Dublin.
Responsibilities and rights of the City under these Rules are exercised by the
City Manager and may be delegated by the City Manager.
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Page 1 of 7
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Fiscal Year 2019-20 4th Quarter Financial Review
Prepared by: Lisa Hisatomi, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will receive a financial report on the fourth quarter of Fiscal Year 2019 -
20 and consider amendments to General Fund reserve designations.
STAFF RECOMMENDATION:
Receive the report and confirm General Fund reserve designations as of June 30, 2020.
FINANCIAL IMPACT:
City Council confirmation of General Fund reserve designations will not alter amounts
received or spent but will allow Staff to close the Fiscal Year 2019 -20 financial books.
Total General Fund reserves are projected at $190.6 million at June 30, 2020, with
$58.4 million in the unassigned cash flow reserve, representing 8.5 months of the Fiscal
Year 2020-21 Adopted Budget. All other funds comply with policies governing fund
balance.
DESCRIPTION:
This report transmits the preliminary financial results of the Fiscal Year 2019 -20 year-
end, focusing on the General Fund. At this time, the numbers are essentially final, and
though adjustments may happen as the audit is finalized, Staff does not expe ct
substantial changes from the numbers in this report. The Comprehensive Annual
Financial Report, which will be presented to the City Council at its second meeting in
December 2020, will contain the final audited results.
General Fund Overview (Attachment 1)
General Fund operating revenues totaled $102.9 million in Fiscal Year 2019 -20, a
decrease of $4.5 million from the prior year. Removing unrealized gains and transfers
in, operating revenues decreased $5.8 from the prior year. General Fund expenditures
totaled $83.5 million; removing contributions to other funds and transfers out, operating
expenditures decreased $2.7 million from the prior year. Contributions to capital projects
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and other funds totaled $9.2 million, an increase of $7.9 over the prior y ear. The
resulting impact on total General Fund Reserves was an increase of $19.4 million, as
shown in Table 1.
Table 1: General Fund Summary
FY 2018-19 FY 2019-20
Total Reserves, Beginning of Year $142,112,669 $171,225,773
Total Revenues 107,391,738 102,909,631
Total Expenditures (76,964,506)(74,251,883)
Total Transfers to CIPs/ISF (1,314,129)(9,234,298)
Total Reserves, End of Year $171,225,773 $190,649,224
Change $19,423,450
The primary drivers of the decrease in year-to-year revenues was the economic impact
of COVID-19 and the shelter-in-place order, resulting in business shutdowns, combined
with already flattening sales tax revenue and a slowdown in development activity that
began early on in Fiscal Year 2019 -20. Specific revenue and expenditure changes (+/-
$200,000 compared to Fiscal Year 2018-19 actuals and to the Fiscal Year 2019-20
budget) are discussed below. The General Fund Summary (Attachment 1) presents
this data by major category.
Revenues
Property Tax (+$4,792,734 vs. prior year / +$1,551,581 vs. budget)
Property Tax revenue in Fiscal Year 2019-20 increased along with a gain in net
assessed valuation by $1.7 billion (10.4%) over the prior year, which was the largest
percentage growth in Alameda County. The COVID-19 pandemic did not have a
significant impact on Property Tax revenues since the values were placed on the tax roll
in calendar year 2018, and there were no significant delinquencies.
Sales Tax (-$3,377,151 vs. prior year / -$253,992 vs. budget)
Overall Sales Tax came in $3.4 Million (13.6%) lower than Fiscal Y ear 2018-19. While
the City had expected a decline from the prior year due to one -time receipts in Fiscal
Year 2018-19 and to flattening sales in the Autos and Transportation sector, the
COVID-19 pandemic and related shutdowns aggravated the decline. In th e first two
combined quarters of calendar year 2020 compared to the same period the previous
year, declines were seen in Autos and Transportation (-9.5%), General Consumer
Goods (-21.1%), Business and Industry (-10.7%), Restaurants and Hotels (-24.5%),
Building and Construction (-13.2%), and Fuel and Transportation (-21.0%). Some of this
decrease may be attributed to deferred payments, however much of it is related to the
business closures and modified operations.
Development Revenue (-$3,886,952 vs. prior year / -$1,230,486 vs. budget)
This category includes revenues associated with permits for new development (primarily
building permits) as well as tenant improvements on current structures. It also includes
fees for City services provided, most typically zoning and plan checking services. The
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decrease is due to the slowdown of development activities prior to the outbreak of
COVID-19, which was exacerbated by the pandemic and related industry shutdowns.
Transient Occupancy Tax (-$517,005 vs. prior year / +$167,987 vs. budget)
Over the last few months of Fiscal Year 2019-20, the hotel industry faced an abrupt and
unprecedented drop in business due to the outbreak of COVID-19.
Other Taxes (-$426,182 vs. prior year / +$312,936 vs. budget)
This category includes Property Transfer Tax and Franchise Fees for garbage and
utilities. Property Transfer Tax is typically budgeted conservatively, as it fluctuates with
the real estate market. In Fiscal Year 2019-20, the net decrease in Other Taxes from
the prior year is related entirely to a decline in property sales, reflecting 817 transfers of
ownership (for single-family residential as well as multi-family, commercial, and
industrial types combined) versus 1,543 transfers the year before.
Interest (+$456,878 vs. prior year / +$1,652,445 vs. budget)
Interest earnings reflect the strategies used by Chandler Asset Management in
managing the City’s portfolio, which has maintained a healthy balance of investment
types. The total value of the City’s investment portfolio increased 10% compared to
Fiscal Year 2018-19. In addition, higher LAIF yields prior to COVID-19 also contributed
to the increase in interest earnings.
Charges for Services (-$1,914,794 vs. prior year / -$791,592 vs. budget)
The net change in Fiscal Year 2019-20 is primarily due to a significant decrease in
Parks and Recreation program revenues, as many recreation programs were cancelled
due to COVID-19.
Other Revenue (+$159,876 vs. prior year / +$328,015 vs. budget)
This increase is due to a reimbursement from the Alameda County Fire Department for
improvements made to Fire’s side of the building during the construction of the Public
Safety Complex. These are one-time revenues.
Expenditures
Salaries and Wages (-$259,594 vs. prior year / -$1,350,529 vs. budget)
Staff costs came in lower than the prior year, and lower than budgeted, as a number of
vacant positions remained unfilled during the year. In addition, seasonal salaries came
in significantly lower due to the cancellation of recreation programs impacted by COVID-
19.
Benefits (+$110,317 vs. prior year / -$794,386 vs. budget)
This variance is primarily attributed to vacant positions and a lower retiree health
contribution.
Services and Supplies (-$251,216 vs. prior year / -$814,817 vs. budget)
Reductions in expenditures for supplies and services in Fiscal Year 2019 -20 occurred
primarily due to the closure of City facilities, with a majority of staff teleworking through
the end of the year.
Utilities (-$317,213 vs. prior year / -$322,165 vs. budget)
This variance occurred primarily due to the closure of City facilities.
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Contracted Services (-$604,598 vs. prior year / -$6,393,264 vs. budget)
Nearly all City contracts came in lower than the prior year and under budget in Fiscal
Year 2019-20 due to the COVID-19 shutdowns. Development services contracts
finished the year $2.1 million under budget, which offsets the corresponding loss in
revenue for that period, due to a slowdown in activity that began before and continued
through the Shelter-in-Place Order. Other general City contracts were under budget
$667,928, the MCE contract was under budget by $515,480, and recreation contract
costs were under budget by $405,454. Additionally, non-departmental contract services
(e.g., animal services, library services, citywide projects) were $1.2 million under
budget. Of that amount, $791,000 will be carried over to Fiscal Year 2020 -21 for work
on the City’s green infrastructure program, Downtown Dublin Preferred Vision, and
fiscal consulting.
The police services contract came in under budget by $526,900, which will be carried
over to Fiscal Year 2020-21 to offset any dispatch overages and to fund public safety
one-time needs. Budget savings in the Fire services contract amounted to $422,228,
which Staff proposes to contribute to the Fire Services Pension/OPEB Reserve.
Capital Outlay (+$2,672,646 vs. prior year / -$424,365 vs. budget)
Capital Outlay expenditures were higher than in Fiscal Year 2018-19 due to the City’s
participation in the Amador Plaza land acquisition as part of the Downtown Preferred
Vision project. The variance to budget is due to unspent funds for the purchase of
situational awareness cameras and auto license recognition cameras, and for the Public
Works workspace reconfiguration. These budgets will be carried into Fiscal Year 2019 -
20.
Transfers Out for Capital Improvement Projects
The General Fund transferred out $8.0 million in Fiscal Year 2019-20 for capital project
expenditures; of that amount, $7.7 Million was covered by Committed /Assigned
Reserves. Table 2 summarizes the CIPs funded by the General Fund.
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Table 2: General Fund CIPs
Project Amount
Committed/Assigned
EV Charging Stations $6,316
Maintenance Yard Facility Improve 13,403
Dublin Heritage Park Cemetery Phase 43,973
Citywide Signal Comm. Upgrade 79,851
Police Services Building 5,641,075
Imagine Playground at Dublin Sports Grounds 1,884,305
Subtotal - Committed/Assigned $7,668,923
Undesignated
AVB - Wildwood Rd Intersection Improvements $120,000
Citywide Bicycle & Pedestrian Improvements 214,234
San Ramon Road Trail Improvements 2,075
Subtotal - Undesignated $336,309
Total - General Fund $8,005,232
Reserves (Attachment 2)
In June 2020, based on estimated revenues and expenditures at that time, the City
Council approved allocations to specific Committed Reserves and Assigned Reserves,
shown in Table 3 below. With the close of the financial books, Staff is recommending
the following additional allocations:
Committed Reserves
a. Advance to Public Facility Fee - Increase $3,100,000
In June 2020, the City Council approved the creation of a new reserve and set
aside half of the expected surplus to advance the construction of the Wallis
Ranch Community Park, Jordan Ranch Neighborhood Square, and Library
Tenant Improvements projects. Staff now recommends setting aside an
additional $3.1 million ($7.5 million total), which would fund 75% of the total
estimated cost for the CIPs.
b. Cultural Arts Center Reserve - Transfer $760,059 from HVAC Replacement
and Civic Center Improvements Reserve
The City Council approved the Cultural Arts Center project cost on May 19, 2020,
along with shifting a portion of the budget from the HVAC & Roof Replacement
and Civic Center Rehabilitation projects. The General Fund portion of the budget
shift is $760,059; with this adjustment plus the City Council-approved transfer of
$3,779,138 from the Cemetery Expansion reserve, the Cultural Arts Center
reserve will be $4,539,197.
c. Don Biddle Community Park Reserve - Increase $500,000
Staff is recommending an additional $500,000 to cover anticipated higher soft
costs associated with the construction of Don Biddle Community Park. With this
adjustment, the reserve will total $1,500,000. On a related staff item on tonight’s
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agenda, the $1,500,000 will be necessary for the updated costs for the project.
d. Downtown Public Improvement Reserve - Increase $5,000,000.
In accordance with the City Council’s Strategy #1: Implement the City’s Adopted
Preferred Vision for Downtown Dublin, Staff recommends the addition of $5.0
million to this reserve for funding towards the Downtown Dublin Town Square
Park and the Downtown Dublin Street Grid Network. With this adjustment, the
total reserve will be $8,454,625.
e. Dublin Sports Grounds Reserve - Transfer - $1,141,400 from Assigned CIP
Carryovers
The total General Fund contribution to this project is $3,641,400, with an existing
reserve of $2,500,000 for the Imagine Playground. The remaining $1,141,400 is
held in a general CIP carryover reserve. Staff recommends shifting this amount
to the Dublin Sports Grounds Reserve to fully commit the General Fund portion
of the project cost.
f. Fallon Sports Park III Reserve - Transfer $110,500 from Fallon Sports Park II
Reserve
With the completion of Fallon Sports Park Phase II, Staff recommends
transferring the reserve balance to Phase III, for a total balance of $3,110,500.
g. Fire Services Pension/OPEB Reserve - Additional increase $1,422,228.
The City Council approved the addition of $317,325 to this reserve in June 2020.
Staff recommends an additional $1,422,228; of that amount, $422,228 is from fire
contract savings for Fiscal Year 2019-20 and $1.0 million is from the overall
surplus. With the adjustment, this reserve will total $5,324,225.
Assigned Reserves
a. Climate Action Plan - Create a new reserve and add $3,000,000
The total estimated City cost for the measures in the Climate Action Plan 2030 is
approximately $4.6 million. Staff recommends initial funding of $3.0 million for
near term priorities. Staff plans to pursue grant opportunities for the rem aining
funding.
b. Contribution to Internal Service Funds - Increase $500,000
Staff recommends adding $500,000 to the reserve for information technology
infrastructure needs, in addition to the $1.0 million contribution approved by the
City Council in June 2020 for facility/equipment replacement needs.
c. Combine HVAC and Civic Center Renovation - Police Wing Reserves
Staff recommends combining the two reserves into one and renaming it the
HVAC Replacement and Civic Center Improvements Reserve. After shifting
$760,059 of the reserve balance to the Cultural Arts Center project, this reserve
will total $4,202,041.
d. Village Parkway Pavement Reconstruction Reserve - Increase $3,000,000
In June 2020, the City Council approved the creation of a new reserve and
agreed to set aside $2.0 million each year for the project. With the Fiscal Year
2019-20 surplus higher than previously estimated, Staff recommends adding
$3.0 million. With this adjustment the balance will be $5.0 million, about 50% of
the estimated, future project cost.
e. Pension and OPEB - Increase $1,000,000
Staff recommends the addition of $1.0 million to this reserve to cover potential
increases in the City’s unfunded liability for pensions.
f. Catastrophic Loss Reserve - Increase $1,937,717.
With this adjustment per the City’s Fund Balance and Reserves Policy, the total
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Catastrophic Loss Reserve balance will be $17,702,316, 15% of the book value
of City-owned building and improvements.
These designations, as well as reserve allocations for budget carryovers and per
accounting rules and/or City policy, have been incorporated into the General Fund
Reserve Balances (Attachment 2).
Table 3. Committed/Specific Assigned Reserve Recommendations
Reserve Category
June 2020
Approval Recommendation
FY 19-20 Total
Adjustment Adj Type
Committed
Advance to Public Facility Fee $4,400,000 $3,100,000 $7,500,000 Add
Cultural Arts Center 3,779,138 760,059 4,539,197 Add
Don Biddle Park 500,000 500,000 Add
Downtown Public Improvement 5,000,000 5,000,000 Add
Dublin Sports Grounds 1,141,400 1,141,400 Transfer
Fallon Sports Park III 110,500 110,500 Transfer
Fire Services Pension/OPEB 317,325 1,422,228 1,739,553 Add
Specific Assigned
Climate Action Plan 3,000,000 3,000,000 Add
Contribution to Internal Service Funds 1,000,000 500,000 1,500,000 Add
HVAC Replacement & Civic Center Improve (760,059) (760,059) Transfer
Village Parkway Pavement Reconstruction 2,000,000 3,000,000 5,000,000 Add
With approval of the recommendations above, and after res erve shifts for accounting
purposes or per the Fund Balance and Reserves Policy, the Unassigned Cash Flow
Reserve is estimated at $58.4 million (or 8.5 months of the Fiscal Year 2020 -21
Adopted Budget), which is above the reserve target as provided for in the City Policy.
STRATEGIC PLAN INITIATIVE:
Strategy 1: Implement the City’s Adopted Preferred Vision for Downtown Dublin.
Strategy 2D: Continue to maintain strong fiscal policies.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. General Fund Summary Q4 FY 2019-20
2. General Fund Reserves Summary Q4 FY 2019-20
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GENERAL FUND SUMMARY - Q4 FY 2019-20
Actual
2018-19
Adopted
Budget
2019-20
Amended
Budget
2019-20
Actual
2019-20
2019-20 vs
2018-19
Actual
2019-20
Actual vs
Amended
Revenues
Property Tax $44,293,602 $46,874,754 $47,534,754 $49,086,335 $4,792,734 $1,551,581
Sales Tax 24,817,037 21,693,878 21,693,878 21,439,886 (3,377,151)(253,992)
Sales Tax Reimbursements (91,062) (466,500) (466,500) (407,431) (316,369)59,069
Development Revenue 10,603,008 8,446,542 7,946,542 6,716,056 (3,886,952)(1,230,486)
Transient Occupancy Tax 2,084,992 1,400,000 1,400,000 1,567,987 (517,005)167,987
Other Taxes 6,138,518 5,399,400 5,399,400 5,712,336 (426,182)312,936
Licenses & Permits 291,788 233,147 233,147 236,972 (54,816)3,825
Fines & Penalties 130,993 111,432 111,432 85,128 (45,865)(26,304)
Interest Earnings 3,195,567 2,000,000 2,000,000 3,652,445 456,878 1,652,445
Rentals and Leases 1,100,888 1,104,127 964,127 974,392 (126,496)10,265
Intergovernmental 287,811 234,919 234,919 306,425 18,614 71,506
Charges for Services 7,559,259 6,436,057 6,436,057 5,644,465 (1,914,794)(791,592)
Community Benefit Payments 600,000 200,000 641,000 (600,000)(641,000)
Other Revenue 1,214,400 814,706 1,046,260 1,374,275 159,876 328,015
Subtotal Revenues - Operating $102,226,800 $94,482,462 $95,175,016 $96,389,272 ($5,837,528)$1,214,256
Transfers In $144,098 $1,075 $76,075 $87,098 ($57,000)$11,023
Unrealized Gains/Losses 5,020,840 - - 6,433,261 1,412,422 6,433,261
Total Revenues $107,391,738 $94,483,537 $95,251,091 $102,909,631 ($4,482,107)$7,658,540
Expenditures
Salaries & Wages $11,237,770 $12,330,169 $12,328,705 $10,978,176 ($259,594)($1,350,529)
Benefits 4,780,663 5,368,041 5,685,366 4,890,980 110,317 (794,386)
Services & Supplies 3,179,408 3,496,548 3,743,008 2,928,191 (251,216)(814,817)
Internal Service Fund Charges 2,985,004 2,977,333 2,977,333 2,977,333 (7,671)0
Utilities 2,744,523 2,728,912 2,749,475 2,427,310 (317,213)(322,165)
Contracted Services 46,675,752 50,653,983 52,464,417 46,071,154 (604,598)(6,393,264)
Capital Outlay 1,287,107 153,580 4,384,118 3,959,753 2,672,646 (424,365)
Contingency & Miscellaneous 4,074,279 222,235 162,235 18,987 (4,055,293)(143,248)
Subtotal Expenditures - Operating $76,964,506 $77,930,801 $84,494,657 $74,251,883 ($2,712,622)($10,242,773)
Operating Impact (REV-EXP)$25,262,295 $16,551,661 $10,680,360 $22,137,389 ($3,124,906)$11,457,029
Transfers Out (CIPs) - Undesignated $1,953,000 $4,379,955 $336,309 $336,309 ($4,043,646)
Transfers Out (CIPs) - Com./Assig. Res $252,321 2,600,000 14,967,418 7,668,923 7,416,602 (7,298,496)
Contribution to OPEB/PERS 1,000,000 1,000,000 - (1,000,000)
Contribution to ISF 1,061,808 1,000,000 1,000,000 1,229,066 167,258 229,066
Total Expenditures $78,278,634 $84,483,801 $105,842,030 $83,486,181 $5,207,546 ($22,355,849)
GF Impact (Include CIP & Transfers)$29,113,104 $9,999,736 ($10,590,938)$19,423,450 ($3,628,473)$15,271,609
TOTAL GENERAL FUND BALANCE $171,225,773 $181,225,509 $160,634,835 $190,649,224
Attachment 1
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GENERAL FUND RESERVES - Q4 FY 2019-20
RESERVE DESCRIPTION
Actual
2018-19
Adjustment
2019-20
Decrease
2019-20 Net Change
Projected
2019-20
Non-Spendable $12,818 $243 $243 $13,061
Prepaid Expenses 12,818 243 243 13,061
Restricted $1,938,000 $1,938,000
Cemetery Endowment 60,000 60,000
Developer Contr - Downtown 1,049,000 1,049,000
Developer Contr - Heritage Pk 19,000 19,000
Developer Contr - Nature Pk 60,000 60,000
Heritage Park Maintenance 750,000 750,000
Committed $47,267,326 $16,641,012 ($6,079,863)$10,561,149 $57,828,474
Advance to Public Facility Fee 7,500,000 7,500,000 7,500,000
Downtown Public Impr 4,000,000 5,000,000 (545,375)4,454,625 8,454,625
Economic Development 2,806,486 (2,680,126)(2,680,126)126,359
Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 532,113
Fire Svcs Pension/OPEB 3,584,672 1,739,553 1,739,553 5,324,225
Innovations & New Opport 1,133,753 (68,283)(68,283)1,065,471
One-Time Initiative - Capital 5,837,548 (844,398)(844,398)4,993,150
One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 2,000,000 2,000,000
Specific Committed Reserves
Cemetery Expansion (CIP)5,270,875 (3,779,138)(43,973)(3,823,111)1,447,764
Contribution to Public Facility Fee 6,000,000 6,000,000
Cultural Arts Center 4,539,197 4,539,197 4,539,197
Don Biddle Park (CIP)1,000,000 500,000 500,000 1,500,000
Dublin Sports Ground (CIP)2,245,576 1,141,400 (1,884,306)(742,906)1,502,671
Fallon Sports Park II (CIP)110,500 (110,500)(110,500)
Fallon Sports Park III Contingency 3,000,000 110,500 110,500 3,110,500
Maintenance Facility (CIP)71,753 (13,403)(13,403)58,350
Utility Undergrounding (CIP)1,170,190 1,170,190
Assigned $60,771,811 $17,016,902 ($13,784,053)$3,232,849 $64,004,659
Accrued Leave 1,001,744 42,986 42,986 1,044,730
Catastrophic Loss 15,764,599 1,937,717 1,937,717 17,702,316
CIP Carryovers 4,006,912 3,502,246 (4,006,912)(504,666)3,502,246
Fiscally Responsible Adj 325,000 325,000
Municipal Regional Permit 2,360,673 (77,768)(77,768)2,282,905
Non-Streets CIP Commitments 2,462,100 2,462,100
Operating Carryovers 2,805,459 1,724,011 (2,805,459)(1,081,448)1,724,011
Parks and Streets Contingency 250,000 (23,773)(23,773)226,227
Pension & OPEB 14,000,000 1,000,000 1,000,000 15,000,000
Pension Rate Stabilization Plan 2,000,000 2,000,000
Relocate Parks Dept 250,000 250,000
Service Continuity 3,150,000 3,150,000
Specific Assigned Reserves
Civic Ctr Renovation-Police Wing 2,962,100 (2,962,100)(2,962,100)
Climate Action Plan 3,000,000 3,000,000 3,000,000
Contribution to ISF 1,000,000 1,500,000 (1,000,000)500,000 1,500,000
Façade Improvement Grants 304,157 70,000 70,000 374,157
Fire Equipment Replacement 229,066 (229,066)(229,066)
HVAC Replacement & Civic Ctr Improv. (C 2,000,000 2,202,041 2,202,041 4,202,041
Public Safety Complex (CIP)5,900,000 (5,641,075)(5,641,075)258,925
Village Pkwy Pavemt Recon 5,000,000 5,000,000 5,000,000
Unassigned $61,235,819 $19,863,916 ($14,234,706)$5,629,210 $66,865,029
Unassigned-Unrealized Gains 2,186,891 6,266,349 6,266,349 8,453,240
Unassigned (Available)59,048,929 58,411,790
TOTAL RESERVES $171,225,773 $53,522,073 ($34,098,623)$19,423,450 $190,649,224
Attachment 2
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Fiscal Year 2020-21 1st Quarter Financial Review
Prepared by: Lisa Hisatomi, Director of Administrative Services
EXECUTIVE SUMMARY:
The City Council will receive a financial report through the first quarter for Fiscal Year
2020-21 and consider amendments to the Fiscal Year 2020 -21 Budget via a budget
change.
STAFF RECOMMENDATION:
Receive the report and approve the budget change, as well as budgetary changes to
the Capital Improvement Program.
FINANCIAL IMPACT:
Approval of the budget change will allow for minor adjustments to the risk management
budget, and approval of the updated Capital Improvement Program project budgets will
shift expenditures among several projects. Total General Fund reserves are projected at
$177,695,375 by June 30, 2021.
DESCRIPTION:
The focus of this report is the Fiscal Year 2020 -21 General Fund Amended Budget. The
Amended Budget includes any budget amendments already approved by the City
Council since July 1, 2020, as well as carry-over budgets from Fiscal Year 2019-20. The
Budget Change Form (Attachment 3) lists all new amendments needing City Council
approval.
Based on the current information available, Staff is not recommending any change to
the revenue estimates.
On the operating expenditure side, Staff is recommending an increase of $86,000 in the
risk management program to cover higher insurance premiums as part of the City’s
participation in Plan JPA. In addition, Staff is recommending the utilization of General
Fund designated reserves to fund the budget gap in the Cultural Arts Center project as
discussed with the City Council on May 19, 2020.
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The General Fund Summary (Attachment 1) incorporates the recommended changes.
Following these changes, total General Fund Reserves are projected at $177,695,375
by the end of the fiscal year, as shown in the table below. The General Fund Reserves
Summary (Attachment 2) provides a detailed allocation of the reserves.
Total Projected Reserves, FY 2019-20 and FY 2020-21
Projected
FY 2019-20
Amended
FY 2020-21 Q1 Change
New Amended
FY 2020-21
Total Reserves, Beginning of Year $171,225,773 $190,649,224 $190,649,224
Revenues 102,909,631 92,767,510 92,767,510
Expenditures (74,251,883)(81,684,664)(86,000)(81,770,664)
Total GF Impact (Prior to Carryovers)$28,657,748 $11,082,846 ($86,000)$10,996,846
Operating Carryovers from Prior Year (2,135,147)(2,135,147)
Total GF Impact (After Carryovers)$28,657,748 $8,947,699 ($86,000)$8,861,699
Transfers/Contributions
Contribution to PERS/OPEB (3,000,000)(3,000,000)
Transfers to CIPs/ISF (9,234,298)(2,731,570)(5,751,831)(8,483,401)
CIP Carryovers from Prior Year (10,332,147)(10,332,147)
Total Transfers & Contributions ($9,234,298)($16,063,717)($5,751,831)($21,815,548)
Total Reserves, End of Year $190,649,224 $183,533,206 ($5,837,831)$177,695,375
Change to Reserve from Prior Year ($12,953,848)
Capital Improvement Program (CIP) Projects and Administrative Items
Staff is requesting the City Council’s approval to amend the budget for the following:
• Revise the five-year CIP for Cultural Arts Center (Attachment 4), Civic Center
HVAC & Roof Replacement (Attachment 5), and Civic Center Rehabilitation
(Attachment 6) to reflect budget shifts to fully fund the Cultural Arts Center
project.
The shifts are in accordance with the City Council’s approval of the project at the
May 19, 2020 meeting. Since the design of the Cultural Arts Center incorporates
HVAC and roofing work, which overlaps with the Civic Center HVAC and Roof
Replacement project, Staff recommended shifting approximately $2.0 million
from the two CIPs to the Cultural Arts Center project. As the funds to be shifted
are from future years, an update of the five-year CIP is required with the City
Council’s approval.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
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1. General Fund Summary FY 2020-21 Q1
2. General Fund Reserves FY 2020-21 Q1
3. Budget Change Form
4. Cultural Arts Center 2020-2025 Update
5. Civic Center HVAC & Roof Replacement 2020-2025 Update
6. Civic Center Rehabilitation 2020-2025 Update
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PRELIMINARY GENERAL FUND SUMMARY - Q1 FY 2020-21
Actual
2019-20
Adopted
Budget
2020-21
Amended
Budget
2020-21
Q1
Adjustment
New Amended
2020-21
Revenues
Property Tax $49,086,335 $48,896,000 $48,896,000 $48,896,000
Sales Tax 21,439,886 19,595,050 19,595,050 19,595,050
Sales Tax Reimbursements (407,431)(610,000)(610,000)(610,000)
Development Revenue 6,716,056 6,951,077 6,951,077 6,951,077
Transient Occupancy Tax 1,567,987 1,000,000 1,000,000 1,000,000
Other Taxes 5,712,336 5,676,387 5,676,387 5,676,387
Licenses & Permits 236,972 238,506 238,506 238,506
Fines & Penalties 85,128 107,432 107,432 107,432
Interest Earnings 3,652,445 1,600,000 1,600,000 1,600,000
Rentals and Leases 974,392 1,329,966 1,329,966 1,329,966
Intergovernmental 306,425 250,000 250,000 250,000
Charges for Services 5,644,465 6,222,359 6,222,359 6,222,359
Other Revenue 1,374,275 1,077,242 1,454,133 1,454,133
Subtotal Revenues - Operating $96,389,272 $92,334,019 $92,710,910 $0 $92,710,910
Transfers In $87,098 $56,600 $56,600 $56,600
Unrealized Gains/Losses 6,433,261 0
Total Revenues $102,909,631 $92,390,619 $92,767,510 $0 $92,767,510
Expenditures
Salaries & Wages $10,978,176 $11,886,262 $11,886,262 $11,886,262
Benefits 4,890,980 5,016,611 5,016,611 5,016,611
Services & Supplies 2,928,191 3,892,942 3,958,425 86,000 4,044,425
Internal Service Fund Charges 2,977,333 3,685,246 3,685,246 3,685,246
Utilities 2,427,310 2,925,055 2,925,151 2,925,151
Contracted Services 46,071,154 53,053,169 55,426,029 55,426,029
Capital Outlay 3,959,753 397,883 719,482 719,482
Contingency & Miscellaneous 18,987 222,605 202,605 202,605
Subtotal Expenditures - Operating $74,251,883 $81,079,773 $83,819,811 $86,000 $83,905,811
Operating Impact (REV-EXP)$22,137,389 $11,254,246 $8,891,099 ($86,000)$8,805,099
Transfers Out (CIPs) - Undesignated $336,309 $1,159,855 $4,662,101 $4,662,101
Transfers Out (CIPs) - Com./Assig. Reserve 7,668,923 71,715 7,401,616 5,751,831 13,153,447
Contribution to OPEB/PERS - 1,000,000 3,000,000 3,000,000
Contribution to ISF 1,229,066 1,000,000 1,000,000 1,000,000
Total Expenditures $83,486,181 $84,311,343 $99,883,527 $5,837,831 $105,721,358
GF Impact (Include CIP & Transfers)$19,423,450 $8,079,276 ($7,116,017)($5,837,831)($12,953,848)
TOTAL GENERAL FUND BALANCE $190,649,224 $198,728,500 $183,533,206 $177,695,375
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GENERAL FUND RESERVES - Q1 FY 2020-21
RESERVE DESCRIPTION
Projected
2019-20
Increase
2020-21
Decrease
2020-21
Net
Change
Projected
2020-21
Non-Spendable $13,061 $13,061
Prepaid Expenses 13,061 13,061
Restricted $1,938,000 $441,000 $441,000 $2,379,000
Cemetery Endowment 60,000 60,000
Developer Contr - Downtown 1,049,000 441,000 441,000 1,490,000
Developer Contr - Heritage Pk 19,000 19,000
Developer Contr - Nature Pk 60,000 60,000
Heritage Park Maintenance 750,000 750,000
Committed $57,828,474 ($10,890,544)($10,890,544)$46,937,931
Advance to Public Facility Fee 7,500,000 7,500,000
Downtown Public Impr 8,454,625 8,454,625
Economic Development 126,359 (126,350)(126,350)9
Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 (1,736)(1,736)530,377
Fire Svcs Pension/OPEB 5,324,225 5,324,225
Innovations & New Opport 1,065,471 (170,973)(170,973)894,498
One-Time Initiative - Capital 4,993,150 (1,543,503)(1,543,503)3,449,647
One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 2,000,000 2,000,000
Specific Committed Reserves
Cemetery Expansion (CIP)1,447,764 (1,447,764)(1,447,764)
Contribution to Public Facility Fee 6,000,000 6,000,000
Cultural Arts Center 4,539,197 (4,539,197)(4,539,197)
Don Biddle Park (CIP)1,500,000 (1,500,000)(1,500,000)
Dublin Sports Ground (CIP)1,502,671 (1,502,671)(1,502,671)
Fallon Sports Park II (CIP)
Fallon Sports Park III Contingency 3,110,500 3,110,500
Maintenance Facility (CIP)58,350 (58,350)(58,350)(0)
Utility Undergrounding (CIP)1,170,190 1,170,190
Assigned $64,004,659 ($4,674,038)($4,674,038)$59,330,621
Accrued Leave 1,044,730 1,044,730
Catastrophic Loss 17,702,316 17,702,316
CIP Carryovers 3,502,246 3,502,246
Fiscally Responsible Adj 325,000 325,000
Municipal Regional Permit 2,282,905 (177,522)(177,522)2,105,383
Non-Streets CIP Commitments 2,462,100 2,462,100
Operating Carryovers 1,724,011 1,724,011
Parks and Streets Contingency 226,227 (24,957)(24,957)201,270
Pension & OPEB 15,000,000 15,000,000
Pension Rate Stabilization Plan 2,000,000 (2,000,000)(2,000,000)
Relocate Parks Dept 250,000 250,000
Service Continuity 3,150,000 3,150,000
Specific Assigned Reserves
Climate Action Plan 3,000,000 3,000,000
Contribution to ISF 1,500,000 1,500,000
Façade Improvement Grants 374,157 374,157
HVAC Replacement & Civic Ctr Improv. (C 4,202,041 (2,212,634)(2,212,634)1,989,407
Public Safety Complex (CIP)258,925 (258,925)(258,925)
Village Pkwy Pavemt Recon 5,000,000 5,000,000
Unassigned $66,865,029 $15,564,582 ($13,394,848)$2,169,733 $69,034,763
Unassigned-Unrealized Gains 8,453,240 8,453,240
Unassigned (Available)58,411,790 60,581,523
TOTAL RESERVES $190,649,224 $16,005,582 ($28,959,430)($12,953,848)$177,695,375
Attachment 3
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Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds
From Designated Reserves Other
1001.1402.61601 $86,000
Civic Center HVAC & Roof Replacement
GI0119.9400.9401 (Improvement - Not Building)($287,366)
GI0119.1001 (General Fund)($287,366)
Cultural Arts Center
GI0120.9400.9401 (Improvement - Not Building)$287,366
GI0120.1001 (General Fund)$287,366
GI0120.9400.9401 (Improvement - Not Building)$1,543,638
GI0120.6205 /6205.9301.89101 (Funding Source - ISF - Facilities)$1,543,638
3300.9301.49999 (Transfers In)$1,543,638
GI0120.9400.9401 (Improvement - Not Building)$201,000
GI0120.1001 /1001.9301.89101 (Funding Source - General Fund)$201,000
3300.9301.49999 (Transfers In)$201,000
GI0120. 9100.9101 (salary/Benefits)$68,865
GI0120. 9200.9202 (Design)$1,870,234
GI0120.9400.9401 (Improvement - Not Building)$1,311,732
GI0120.9600.9605 (Equipment - ISF)$800,000
GI0120.1001 /1001.9301.89101 (Funding Source - General Fund)$4,050,831
3300.9301.49999 (Transfers In)$4,050,831
11/3/2020
Posted By:Date:
**********Finance Use Only**********
As Presented at the City Council Meeting
General Fund - Insurance - Insurance Premiums
Additional cyber and liability coverage
Appropriate future year project cost for Civic
Center Rehabilitation to Cultural Arts Center in FY
20-21
Appropriate future year project cost forCivic Center
HVAC & Roof Replacement to Cultural Arts Center
in FY 20-21
Appropriate additional funds to Cultural Arts
Center, budget shortfall identified on May 19, 2020
Transfer FY 20-21 Cultural Arts Center roof
replacement cost to Cultural Arts Ctr CIP
CITY OF DUBLIN
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
City Council's Approval Required
OPERATING EXPENDITURES
CIPs
Attachment 1
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Number GI0120 Program GENERAL
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $5,739 $139,566 $54,640 $199,945
9200 $242,567 $2,472,433 $2,715,000
9400 $3,343,736 $4,895,264 $8,239,000
9500 $18,090 $18,090
9600 $800,000 $800,000
$248,306 $6,773,825 $4,949,904 $11,972,035
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
4100 $248,306 $690,990 $4,949,904 $5,889,200
1001 $4,539,197 $4,539,197
6205 $1,543,638 $1,543,638
$248,306 $6,773,825 $4,949,904 $11,972,035
ANNUAL OPERATING IMPACT
CULTURAL ARTS CENTER
2020-2025 CAPITAL IMPROVEMENT PROGRAM
TOTAL
ESTIMATED COSTS
TOTAL
General Fund
Internal Service Fund - Facilities
Public Facility Fees
Salaries & Benefits
Contract Services
Improvements
FUNDING SOURCE
Miscellaneous
Equipment
PROJECT DESCRIPTION
This project provides for the design and improvement of an approximately 13,000-square-foot Cultural Arts Center on the first floor of the Civic Center, which was
formerly occupied by Dublin Police Services. The Parks & Recreation Master Plan identifies a Cultural Arts Center that would serve as a multi-use facility that affords
cultural, educational and social opportunities for the community. The Cultural Arts Center could include: an Art gallery, Black Box theater space; multi-purpose art and
music classrooms; a dance studio; and restrooms. The project also provides for the replacement of the heating, ventilation, and air conditioning (HVAC) systems,
HVAC controls, roof replacement, major upgrades to the main telecommunication room, and the relocation of the Parks and Community Services Department offices
to the second floor of the Cultural Arts Center.
ANNUAL OPERATING IMPACT:TBD
MANAGING DEPARTMENT: Public Works
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Number GI0119 Program GENERAL
ESTIMATED COSTS
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $17,325 $71,775 $89,100
9200 $87,182 $483,718 $570,900
9400 $3,635,000 $3,635,000
9500 $338 $4,662 $5,000
9600 $700,000 $700,000
$104,845 $4,895,155 $5,000,000
FUNDING SOURCE
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 $2,212,634 $2,212,634
6605 $200,000 $200,000
6205 $104,845 $2,482,521 $2,587,366
$104,845 $4,895,155 $5,000,000
ANNUAL OPERATING IMPACT
2020-2025 CAPITAL IMPROVEMENT PROGRAM
CIVIC CENTER HVAC AND ROOF REPLACEMENT
TOTAL
IT Fund
TOTAL
General Fund
Internal Service Fund -
Facilities Replacement
Salaries & Benefits
Contract Services
Improvements
Miscellaneous
Equipment
PROJECT DESCRIPTION
This project provides for the design and replacement of the heating, ventilation, and air conditioning (HVAC) system and controls, roof replacement, associated building
modifications, and code compliance upgrades for City Hall portion of the Civic Center complex. The existing HVAC and roof systems are at the end of their useful life and are
due for replacement. A new HVAC system and controls will be more energy efficient and have a greater ability to be adjusted.With the roof replace, the project will also
upgrade communications infrastructure for new data connections to offices, workstations, and conference rooms. The project will be completed in several phases to
minimize disruption to the public and to Staff working within the buildings.
The HVAC and roof improvements for the future Cultural Arts Center portion of the Civic Center complex will be completed with the renovation of the Cultural Arts Center
Project, CIP No. GI0120.
This project is funded by $2 million in a General Fund Reserve set aside for this purpose in addition to the Internal Service Fund for Facilities Replacement.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
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Number GINEW01 Program GENERAL
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $5,050 $17,960 $21,360 $44,370
9200 $10,000 $200,000 $114,000 $100,000 $424,000
9400 $550,000 $100,000 $650,000
9500 $5,000 $5,000 $5,000 $5,000 $20,000
$20,050 $222,960 $690,360 $205,000 $1,138,370
PRIOR
YEARS 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 $20,050 $222,960 $690,360 $205,000 $1,138,370
$20,050 $222,960 $690,360 $205,000 $1,138,370
ANNUAL OPERATING IMPACT
Salaries & Benefits
Contract Services
Improvements
CIVIC CENTER REHABILITATION
TOTAL
2020-2025 CAPITAL IMPROVEMENT PROGRAM
Miscellaneous
ESTIMATED COSTS
FUNDING SOURCE
TOTAL
General Fund
PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various rehabilitation and renovation projects at the Civic Center. Projects may include: renovation
of all restrooms, kitchenettes, and the employee break room; modifications to conference rooms; site improvements to the parking lot area and surrounding walkways
of the Civic Center; building security evaluation and upgrades; repainting; and Americans with Disabilities Act (ADA) upgrades.
Other potential funding sources for the building security upgrades may include Federal and State public safety grants.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
City of Dublin Poet Laureate and City Historian
Prepared by: Shaun Chilkotowsky, Heritage & Cultural A rts Manager
EXECUTIVE SUMMARY:
The City Council will consider approving updated policies governing the selection of
Poet Laureate and City Historian.
STAFF RECOMMENDATION:
Approve the updated policies governing the selection of Poet Laureate and City
Historian.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On November 20, 2007, the City Council approved the creation of the honorary,
volunteer positions of Poet Laureate and City Historian.
The first Poet Laureate (Ronnie Holland) was appointed in 2008, and the second
(Jonnie McCoy Howell) in 2010. In 2012, there were no applicants and the program was
suspended by the City Council, with plans to develop other activities to engage the
public in advancement of literary arts. Thereafter, several poetry contests and literary
events were offered by the City, but they did not generate much participation. No Poet
Laureate program currently exists.
The first City Historian (Georgean Vonheeder-Leopold) was appointed in 2008.
Georgean was re-appointed in 2010 and 2012, with the 2012 the term ending June 30,
2014. Although Georgean has continued to act in the roll of City Historian following the
term ending in June 2014, a process to formally appoint someone to the vacancy has
not been conducted.
Recently, the City has received requests from the community to re-initiate these
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programs. Staff has made slight changes to the guiding policies for the Poet Laureate
and City Historian, described in this Staff Report.
Poet Laureate
Overview
The Poet Laureate serves as a public advocate for the appreciation and advancement
of literary arts in the City of Dublin.
Duties
• Create and read poetry for civic events, public ceremonies, and dedications, as
coordinated through City Staff.
• Serve as a resource to Staff, the City Council, and the Commission; may act as a
liaison between the City and local schools, literary organizations, and bookstores.
• Assist with the development of classes and workshops devoted to poetry;
potentially coordinate and participate in staged poetry readings.
• On an annual basis, have at least one original poem displayed in a City facility.
Qualifications
• Be a Dublin resident; at least 18 years old.
• Be the author of published poetry or be willing to publish poetry during the term if
selected.
• Be ready to serve a two-year term with no compensation.
• Affiliation with literary organizations is preferred but not necessary for
appointment to the position.
Service Term
The selected Poet Laureate will serve a term of two years, beginning with City Council
appointment at a public meeting in January 2021. A term may be renewed upon
submittal of a new application, unless or until a new Poet Laureate applies and is
appointed. A Poet Laureate shall be limited to four two-year terms.
Application Process
Between October and December of the year prior to the formal appointment by the City
Council, applicants will be required to submit the following:
• An application.
• A letter of interest, including what the applicant would like to accomplish if
selected as Dublin’s Poet Laureate.
• Two original poems.
• A resume including a list of published poetry or other evidence of a body of
original work (published or unpublished).
• Attend a scheduled Commission meeting to read one original poem to
commission.
Selection Process
If more than two applications are received, a Selection Committee coordinated by the
Heritage and Cultural Arts Manager will review all applications and submit the top two
choices to the Heritage and Cultural Arts Commission for final recommendation. The
Selection Committee could include:
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• Heritage and Cultural Arts Commissioner
• Las Positas English Department Representative
• Dublin High School English Department Representative
• Local creative writing professional or instructor
• City Staff person appointed by the City Manager’s Office (e.g., Heritage and
Cultural Arts Manager or Parks and Community Services Director)
The Heritage and Cultural Arts Commission will present their preferred Poet Laureate to
the Mayor for recommendation to the City Council. Following City Council approval, the
Poet Laureate will formally begin the two -year term in January of each appointment
year.
City Historian
Overview
The City Historian will assist researchers, students, librarians, and members of the
public and press in accessing resources for historical information.
Duties
• Maintain, add to, and facilitate access to City historical records.
• Respond to inquiries regarding the City’s past.
• Serve as a resource to Staff, the City Council, and the Heritage and Cultural Arts
Commission; may act as a liaison between the Commission and local schools,
genealogical groups, and members of the media and the public.
Qualifications
• A demonstrated interest in the history of the City of Dublin, including participation
in City Commissions, Committees, and other activities.
• A demonstrated ability to maintain records.
• Skilled in public speaking.
Service Term
The selected City Historian will serve a term of four years, beginning with City Council
appointment at a public meeting in January 2021. A term may be renewed, upon
submittal of a new application, unless or until a new City Historian applies and is
appointed.
Application Process
Between October and December of the year prior to the formal appointment by the City
Council, applicants will submit the following to the Heritage and Cultural Arts
Commission:
• An application.
• A letter of interest, including what the applicant would like to accomplish if
selected as Dublin’s City Historian.
• A resume of positions held and/or activities related to the position of City
Historian.
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Selection Process
Review of applications and selection of the City Historian will be recommended by the
Heritage and Cultural Arts Commission, who will put forward a maximum of two
applicants to the Mayor. The Mayor will recommend final appointment for approval by
the City Council, with the City Historian formally beginning the four-year term in January
of each appointment year.
Heritage & Cultural Arts Commission Review
At its October 8, 2020 regular meeting, the Heritage & Cultural Arts Commission
reviewed the proposed guiding policies and voted unanimously to recommend them to
the City Council for approval.
Upon approval by the City Council, Staff will begin the process for new appointments to
be made in January 2021.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this report has been provided to the current Acting City Historian. Upon City
Council approval of these procedures, Staff will advertise the honorary positions via the
City website and other local media outlets.
ATTACHMENTS:
None.
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STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Park Improvement Agreement for Don Biddle Community Park in the
Boulevard Development
Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:
The City Council will consider an Improvement Agreement with Dublin Crossing, LLC to
construct a 30-acre community park, Don Biddle Community Park, as identified in the
Dublin Crossing Specific Plan within the Boulevard development, formerly called Dublin
Crossing.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Improvement Agreement for the Don Biddle
Community Park; and approve a budget change.
FINANCIAL IMPACT:
The Don Biddle Community Park Project is included in the City’s 2020-2025 Capital
Improvement Program with a total current budget of $23.1 million. In accordance with
the Dublin Crossing Development Agreement, the Developer is responsible for project
costs up to $12,857,142, and the City is responsible for reimbursing the Developer for
project costs that exceed that amount.
The City’s portion of the funding for the current project budget will come from the Public
Facilities Fee Program and from Community Benefit Funds (General Fund) fo r the
inclusion of a specimen tree and upgraded playground equipment (CIP No. PK0115,
Attachment 3).
However, to proceed to construction, approval of a budget change is needed to
increase the City portion of the funding by $1.5 million, funded by a General Fund
Committed Reserve titled “Don Biddle Community Park,” to account for increases in
Zone 7 water connection fees, increases in DSRSD water capacity fees, and
unanticipated pre-construction services costs.
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DESCRIPTION:
Dublin Crossing, LLC (Developer) owns certain real property as part of its Boulevard
development project. The project includes approximately 189 acres of land located
north of Dublin Boulevard, west of Arnold Road, and east of Scarlett Drive.
Developer entered into a Development Agreement, subsequent amendments, and a
memorandum with the City, dated November 19, 2013, June 16, 2015, February 9,
2016, May 16, 2017, November 20, 2018, May 21, 2019, and August 1, 2019. The
Development Agreement requires Dublin Crossing, LLC to dedicate and develop
parkland and receive parkland and park improvement credit for a portion of the 30-acre
Don Biddle Community Park through the City’s Public Facilities Fee Program.
The parkland was dedicated on the Final Maps for Tracts 8382, 8368, and 8415, whi ch
were approved by the City Engineer. The dedication satisfies the park dedication
obligation of the Development Agreement.
The City Council approved the conceptual plan on January 9, 2018 and additional
items, such as a specimen tree and upgraded playground equipment, on October 2,
2018.
If the City Council approves the Improvement Agreement, it is the City’s intention to
accept Dublin Crossing, LLC’s offer of park improvements in consideration of their
satisfactory performance of the terms and conditions as outlined in the Improvement
Agreement.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report has been provided to the Developer.
ATTACHMENTS:
1. Resolution Approving the Improvement Agreement for the Don Biddle Community
Park
2. Exhibit A to Resolution - Improvement Agreement
3. CIP No. PK0115 Don Biddle Community Park
4. Budget Change Form
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Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 1 of 2
RESOLUTION NO. XX – 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT FOR THE DON BIDDLE
COMMUNITY PARK
WHEREAS, Dublin Crossing, LLC owns certain real property (“the Property”)
consisting of approximately 189 acres of land, located in the City of Dublin, County of
Alameda, north of Dublin Boulevard, west of Arnold Road, and east of Scarlett Drive on
which it has approvals for a mixed-used development project (“the Project”); and
WHEREAS, in pursuit of the Project, Dublin Crossing, LLC entered into a
Development Agreement and subsequent amendments and memorandum with the City,
dated November 19, 2013, June 16, 2015, February 9, 2016, May 16, 2017, November
20, 2018, May 21, 2019, and August 1, 2019 (“Development Agreement”); and
WHEREAS, the Development Agreement requires Dublin Crossing, LLC to
dedicate 30 acres of parkland to the City for which it will receive Community Parkland
fee credits under the City’s Public Facilities Fee Program; and
WHEREAS, the parkland was dedicated on the Final Maps for Tracts 8382,
8368, and 8415, which were approved by the City Engineer. The dedication satisfies
the park dedication obligation of the Development Agreement; and
WHEREAS, Dublin Crossing, LLC has designed and will construct the 30-acre
Don Biddle Community Park, as specified in the Improvement Agreement; and
WHEREAS, upon completion, Dublin Crossing, LLC will dedicate the park
improvements to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve an Improvement Agreement for Don Biddle Community
Park within the Boulevard Development (formerly Dublin Crossing Development),
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Improvement Agreement, attached hereto as Exhibit A, and make any necessary, non-
substantive changes to carry out the intent of this Resolution.
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Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 3rd day of November 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
4.6.a
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339027-000055 1
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IMPROVEMENT AGREEMENT FOR
DON BIDDLE COMMUNITY PARK
THIS IMPROVEMENT AGREEMENT (this “Agreement”) is made and entered in
the City of Dublin on this __ day of _____, 2020 (the “Effective Date”) by and between
the City of Dublin, a Municipal Corporation (hereafter "City") and Dublin Crossing, LLC,
a Delaware limited liability company (“Developer” hereinafter). City and Developer are
hereinafter collectively referred to as the “Parties.”
RECITALS
A. Developer owns, owned, or is in contract to purchase certain real property
(the “Property”) consisting of approximately 189 acres of land, known as Boulevard, on
which it is pursuing a mixed-use development project (the “Project”); and
B. In pursuit of the Project, the City and Developer entered into a
Development Agreement, dated November 19, 2013, as amended from time to time (as
amended, the “Development Agreement”). Among other things, the Development
Agreement provides that Developer will improve a 30-net-acre portion of the Property
(the “Park Site”) as a community park (the “Park”).
C. Section 9.1 of the Development Agreement obligates Developer to
dedicate the Park Site in three phases (“Park Phases”) each comprised of a 10-acre
portion. The dedication of one of the Park Phases is required to occur prior to or
concurrently with Developer’s processing of the “first final map” for each of Project
Phases 2, 3, and 5, respectively, as such terms are defined in the Development
Agreement (each, a “Dedication Obligation”). Section 9.5.5 of the Development
Agreement obligates Developer to enter into a park improvement agreement with the
City (a “Park Improvement Agreement”) in conjunction with the processing of the final
map pursuant to which the Dedication Obligation for each Park Phase is made pursuant
to Section 9.1 of the Development Agreement (each, a “Park Improvement Agreement
Obligation”).
D. Developer now intends to meet its obligations to develop the Park in one
Park Phase rather than three Park Phases in accordance with this Agreement.
Developer and the City agree that the execution of this Agreement satisfies all Park
Improvement Agreement Obligations of Developer under Section 9.5.5 of the
Development Agreement.
E. Except as otherwise defined herein, all capitalized terms used but not
defined in this Agreement shall correspond to the defined terms in the Development
Agreement.
NOW, THEREFORE, City and Developer agree as follows:
1. Land Dedication. Prior to or concurrently herewith, Developer has
dedicated an approximately 30.017-acre community park parcel to the City (the
4.6.b
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“Community Park”). The Community Park is depicted on Exhibit A attached hereto.
Upon the Developer’s irrevocable offer of dedication of the Community Park to the City,
all Dedication Obligations shall be deemed satisfied. The parties acknowledge and
agree that, as of the Effective Date, the City has not completed construction of a certain
Iron Horse Trail Bridge depicted on Exhibit C attached hereto (the “Iron Horse Trail
Bridge Work”). Promptly following its execution of this Agreement and (a) Developer’s
delivery to the City of evidence demonstrating that the Community Park meets
California Department of Toxic Substances Control standards applicable to residential
development or any lesser standard acceptable to the City and (b) Developer’s
completion of street frontage improvements for Dublin Boulevard, Columbus Street,
Horizon Parkway, Nugget Way, and Scarlett Drive (except to the extent such street
frontage improvements cannot be completed due to incomplete Iron Horse Trail Bridge
Work), the City shall accept the Community Park, subject to the obligations of
Developer to construct Improvements (as such term is defined below) required by this
Agreement.
2. Construction Documents. Section 9.5.1 of the Development Agreement
requires that Developer prepare Construction Documents for the Park that is dedicated
with the applicable final map. The form of the Construction Documents is specified in
Section 9.5.1 of the Development Agreement. Developer shall prepare and submit for
City’s review and approval the Construction Documents for the improvements in the
Community Park as described on Exhibit B attached hereto (the “Improvements”)
within sixty (60) days following the Effective Date. City shall approve or provide
comments to the Construction Documents within 30 days after receipt of Developer’s
proposed Construction Documents (the “City Construction Document Response
Deadline”). Developer shall incorporate City’s comments, if any, into the Construction
Documents and resubmit the Construction Documents to City for review and approval
by City in accordance with the foregoing sentence, except that the City Construction
Document Response Deadline shall be determined by the date of City’s receipt of the
revised proposed Construction Documents as opposed to the date of Developer’s initial
submittal of the proposed Construction Documents.
3. Substantial Completion Time. Developer shall commence construction of
the Improvements within 60 days following the City’s approval of the Construction
Documents to City. Developer shall substantially complete all Improvements on or prior
to the date that is no later than 13 months following commencement of construction
thereof (the “Substantial Completion Deadline”) provided that the Substantial
Completion Deadline (a) may be extended by the City Manager for up to three (3)
additional months for good cause including unforeseen site conditions or by the City
Council for any reason and for any period of time and (b) shall be automatically
extended for any delays attributable to force majeure events as provided in the
Development Agreement (including weather delays as allowed in the City’s standard
specifications or reasonable impacts to the schedule to do adjacent projects along
Scarlett Drive, as determined by the City Engineer). The City will consider, in good
faith, an extension of the Substantial Completion Deadline for longer than three months
for any delays caused by unforeseen site conditions or costs that are the responsibility
of the Army, which extension shall require approval by the City Council. Time is of the
4.6.b
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essence in this Agreement. Upon completion of the Improvements, Developer shall
furnish City with a complete and reproducible set of final as-built plans and AutoCAD
and/or ArcGIS copies of the Construction Documents for the Improvements, including
any City authorized modifications.
4. Acceptance of Work. Upon Developer’s delivery to the City of a written
notice of substantial completion of the Improvements, a set of final as-built Construction
Documents, and a certification by the Developer’s Park designer that the Improvements
are substantially complete, the City shall inspect the Improvements without delay to
determine whether such Improvements are substantially complete in accordance with
the Construction Documents and this Agreement. For the purposes of this Agreement,
“substantially complete” shall mean that (i) the Improvements are sufficiently complete
in accordance with the Construction Documents so that they are useable for their
intended purpose except for minor punch-list work and (ii) the plants as they exist at the
time of the inspection are reasonably expected to be established within ninety (90) days
of such inspection. If the City so determines, the City shall notify Developer of such
determination, thereby establishing the date of substantial completion of the
Improvements of the purposes of this Agreement (the “Substantial Completion Date”)
and the date of commencement of the Maintenance and Plant Establishment Period, as
such term is defined below. Commencing on the Substantial Completion Date and
ending on the date that is ninety (90) days after the Substantial Completion Date (the
“Maintenance and Plant Establishment Period”), Developer shall maintain the
Improvements in substantially similar condition as of the Substantial Completion Date,
ordinary wear and tear excepted, and shall perform plant establishment maintenance.
Upon the expiration of the Maintenance and Plant Establishment Period, Developer
shall request a final inspection and acceptance of the Improvements by the City. The
City shall promptly inspect the Improvements. If the City Engineer determines that the
Improvements have been properly maintained, that the plants have been established,
and that the punch-list items have been corrected, the City Engineer shall accept the
Improvements on behalf of the City and confirm in writing the date of such acceptance
(the “Acceptance Date”), which shall be used for establishment of applicable warranty
period and for filing a Notice of Completion. Notwithstanding the foregoing, if portions of
the Improvements are complete and operational, the Developer may request
acceptance of that portion of the Improvements. The City Engineer shall review the
request and determine if it is in the best interest of the public for the City to accept any
portion of the Improvements prior to accepting all of the Improvements. If the City
Engineer accepts any portion of the Improvements on behalf of the City, the City
Engineer shall confirm in writing the date of such acceptance, which shall be the
Acceptance Date for the portions of the Improvements accepted.If the City Engineer
determines there are deficiencies in the maintenance or plant establishment, or if any
punch-list items remain to be corrected, the Maintenance and Plant Establishment
Period shall be extended until Developer corrects such deficiencies.
5. Construction Contract. Prior to commencement of construction of the
Improvements, Developer shall enter into a fixed price construction contract with the
contractor(s) performing the Improvements and, in conjunction therewith, prepare for
the City’s approval an estimate of soft costs and other costs described under Section 8
4.6.b
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of this Agreement. The sum of the fixed price(s) in the fixed price contract(s) plus the
estimate of Developer’s management fee, soft costs and Other Costs as described in
Section 8, including any contingencies and management fees, as such figures appear in
the budget for the Improvements described on Exhibit B attached hereto (the
“Estimated Costs”), as may be adjusted pursuant to Sections 7 and 8 below, will be
used to determine the amount the City will reimburse Developer pursuant to Section 9.
Costs incurred by Developer in excess of the Estimated Costs will be the sole
responsibility of Developer, except to the extent that the City subsequently requests that
the Improvements be modified in a manner that involves change orders approved by the
City.
6. Inspection of the Work. Developer shall guarantee free access to City
through the City Manager’s designated representative (the “City Representative”) for
the safe and convenient inspection of the work throughout its construction. The City
Representative shall notify Developer in writing of any materials and workmanship that
are not in accordance with the Construction Documents, and Developer shall promptly
remedy such deficiencies to the satisfaction of the City Representative without any
expense to the City. Developer shall notify the City of all project progress meetings
during the course of construction of the Improvements, and City Representative shall be
provided opportunity to attend such meetings. Developer shall submit any proposed
changes before and during construction to the City Representative for approval.
Construction with respect to Improvements that are subject to any changes shall not
commence until such changes are approved pursuant to Section 7 of this Agreement.
Inspection of the Improvements shall include field review of the Improvements, review
and approval of Developer-approved submittals of construction materials and
manufactured products, and review of contractor and subcontractor requests for
information (RFIs) submitted to the Developer.
7. Change Orders.
a. Developer-Initiated Changes. City shall review and approve any
commercially reasonable change orders submitted by Developer for the Improvements,
including but not limited to any changes in the Improvements or additional costs or work
due to unforeseen site conditions (“Developer Change Order”) within ten (10) business
days of receipt thereof. If the City does not timely respond to Developer’s Change Order,
such failure to timely respond shall be deemed approval of such Developer Change
Order. The Estimated Costs for all purposes under this Agreement including Section
9(b) shall be adjusted to reflect changes in costs for the Improvements due to such
approved Developer Change Order. Any construction with respect to Improvements
that is subject to such Developer Change Order may not commence until such
Developer Change Order is approved or deemed approved pursuant to this Section.
Any Developer Change Order (or Developer Change Orders, cumulatively) that
increases the cost, on an Exhibit B line-item by line-item basis, of the work subject to
such Developer Change Order(s) by less than ten percent (10%) shall not require City
approval, provided, however, that City approval shall be required for Developer Change
Orders requested that would increase the aggregate cost of the work above the
Estimated Costs.
4.6.b
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b. City-Initiated Changes. City shall have a right to direct Developer
to make changes to the Improvements (a “City-Initiated Change”). If the City desires
to initiate a City-Initiated Change, it shall submit a change order request to Developer.
Developer shall respond within ten (10) business days with either a request for
additional information or a detailed cost estimate (or savings estimate for deductive
change orders) and any other reasonably pertinent terms, such as scheduling changes,
for completing the change, which shall be subject to the City’s approval. If the City
provides the additional information requested by Developer, Developer shall have an
additional ten (10) business days to respond in accordance with the terms of this
Section 7(b). If the City approves the response by Developer, Developer shall complete
the Improvements as revised by the City-Initiated Change, and the agreed-upon
Estimated Costs shall be increased or decreased to reflect the changes in costs as a
result of the City-Initiated Change.
c. Army-Related Unforeseen Costs. In the event that unforeseen site
conditions that are the responsibility of the United States Army impose additional costs
for the Improvements, Developer agrees to take commercially reasonable steps to
obtain reimbursement from the United States Army for such additional costs and
contribute any such reimbursements to the City to the extent that such costs have been
included in a Developer Change Order approved by the City.
8. Other Costs. City and Developer acknowledge that City and Developer
may incur various costs during park development beyond construction document
preparation and improvement construction. Such costs (“Other Costs”) include but are
not limited to consultant construction assistance (environmental, inspection,
engineering), storm water pollution prevention, utility bills (electric, water), utility permits
and fees, City inspections, permits and fees, design/drafting fees, fencing, maintenance
and miscellaneous costs such as photocopying and printing. Developer shall not enter
into contracts for such Other Costs or otherwise procure such services without obtaining
City consent, provided that no consent by City is needed for Other Costs included on
the list of Estimated Costs attached hereto as Exhibit B. Any increases in such Other
Costs shall be subject to Section 7 of this Agreement. Developer acknowledges that
failure to obtain such written consent from the City, as required by this Section, will
result in Developer’s sole responsibility to pay for such Other Costs without
reimbursement or credit from the City.
9. Payments; Reimbursement.
a. Developer shall be responsible for all payments associated with the
Improvements. This includes but is not limited to, contractors work, and Other Costs
listed in Section 8.
b. In accordance with Section 9.5.2 of the Development Agreement,
City shall reimburse Developer within 30 days of receipt of an invoice for its share of the
cost of the Community Park (including any amounts paid to any contractor pursuant to
an agreed-upon fixed price construction contract) determined pursuant to Section 5, to
the extent that such costs are not in excess of the Estimated Costs determined pursuant
4.6.b
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to Section 5. The City’s share shall be 44.88% until the Developer has paid
$12,857,142 of such costs and 100% thereafter. Developer shall retain and provide to
City upon request invoices and other documentation that evidences the costs Developer
has incurred on the Community Park.
10. Work Performance and Guarantee. Except as otherwise expressly
provided in this Agreement, and excepting only items of routine maintenance, wear and
tear arising from any abuse, neglect or ordinary use, Developer warrants that all work
under this Agreement performed by Developer and/or Developer’s agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to City as a part of the work pursuant to the Agreement,
shall be free of all defects of workmanship and materials for a period of one (1) year
after the Acceptance Date (the “Warranty Period”), provided that such warranty does
not apply to plants. All manufactured products specified for the Park Site shall have
extended warranties as available from the companies that supply the products
(“Manufacturer’s Warranties”). All Manufacturer’s Warranties shall be transferred to
the City prior to acceptance of the Improvements. Such Manufacturer’s Warranties
shall cover both the replacement of parts and the labor necessary to have the
equipment in proper working order. These products include, but are not limited to: play
equipment, site furnishings and mechanical equipment. Developer shall cause its
contractor(s) to repair or replace any or all such work or material, together with all or
any other work or materials which may be displaced or damaged in so doing, that prove
to be defective in workmanship or material within the Warranty Period without expense
or charge of any nature whatsoever to City. Developer further covenants and agrees
that when defects in design, workmanship and materials actually appear during the
Warranty Period, and have been corrected, the Warranty Period for such corrected
items shall automatically be extended for an additional year to insure that such defects
have actually been corrected, provided that City shall notify Developer of such defects
without delay. In the event Developer shall fail to comply with the conditions of the
foregoing guarantee within ten (10) business days’ time after being notified of the defect
in writing (or, if such defect is of a nature that cannot be reasonably repaired within ten
(10) business days, within a period of time that such defect may be reasonably repaired
provided that Developer diligently pursues such repair), City shall have the right, but
shall not be obligated, to repair or obtain the repair of the defect, and Developer shall
pay to City on demand all costs and expense of such repair. Notwithstanding anything
herein to the contrary, in the event that any defect in workmanship or material covered
by the foregoing guarantee results in a condition which constitutes an immediate hazard
to the public health, safety, or welfare, City shall have the right to immediately repair, or
cause to be repaired, such defect, and Developer shall pay to City on demand all costs
and expense of such repair, provided that City shall give Developer immediate notice in
writing or otherwise of such need for immediate repair and Developer may, if feasible,
immediately repair or cause to be repaired such defect. The foregoing statement
relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs, which may be required as determined in the sole discretion and
judgment of City. If City, at its sole option, makes or causes to be made the necessary
repairs or replacements or performs the necessary work as provided herein, Developer
shall pay, in addition to actual costs and expenses of such repair or work, fifty percent
4.6.b
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(50%) of such costs and expenses for overhead and interest at the lesser of twelve
percent (12%) per annum and the maximum rate of interest permitted by law accruing
thirty (30) days from the date of billing for such work or repairs.
11. Estimated Cost of Improvements. The Parties’ initial estimate of the cost
of constructing the Improvements required by this Agreement is set forth in Exhibit B,
and the final estimated costs (“the Estimated Costs”) will be determined pursuant to
Section 5. Said costs specifically do not and shall not include Chabot Creek
improvements and the Stormwater Improvements identified in Section 9.3 of the
Development Agreement, which costs are Developer’s sole responsibility.
12. Security Furnished.
a. Within thirty (30) days after the Effective Date, Developer shall
furnish City with security in a form satisfactory to the City Attorney that ensures
Developer’s contribution to the Community Park under Section 9.5.5 of the
Development Agreement in the amount of Twelve Million Eight Hundred Fifty-Seven
Thousand One Hundred Forty-Two Dollars ($12,857,142). The City Engineer shall
reduce the amount of such security by the amount of any costs incurred prior to the
Effective Date for which Developer has provided satisfactory documentation under
Section 9.b.
b. Upon completion of the Construction Documents pursuant to
Section 2, Developer shall furnish the City with the following security in a form
satisfactory to the City Attorney. Once such security is furnished, the City shall release
or return the security provided under subdivision (a) of this Section.
i. Faithful Performance. Either a cash deposit, a corporate
surety bond issued by a company duly and legally licensed to conduct a general surety
business in the State of California, or an instrument of credit equivalent to an amount
(the “Bond Amount”) that is one hundred percent (100%) of the Estimated Costs at the
time of completion of the Construction Documents and sufficient to assure City that the
Improvements will be satisfactorily completed. The security shall be released to
Developer upon the Acceptance Date, provided, however, that in the event that certain
Improvements are accepted by the City prior to accepting the entire Park, a portion of
such security in proportion to the Estimated Costs for the accepted Improvements
compared to the Estimated Costs for the Park shall be released.
ii. Labor and Materials. Either a cash deposit, a corporate
surety bond issued by a company duly and legally licensed to conduct a general surety
business in the State of California, or an instrument of credit equivalent to the Bond
Amount (subject to all adjustments and release provisions described in Section 12(b)(i)
above) and sufficient to assure City that Developer’s contractors, subcontractors, and
other persons furnishing labor, materials, or equipment shall be paid therefore.
c. Upon completion of the Improvements, and prior to the City
accepting the Improvements, Developer shall furnish the following security in a form
4.6.b
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satisfactory to the City Attorney: either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the
State of California, or an instrument of credit equivalent to ten percent (10%) of the
Bond Amount to guarantee all work under this Agreement for the Warranty Period.
d. City shall be the sole indemnitee named on any instrument required
by this Agreement.
13. Fee Credit.
a. For Improvements. Upon posting the security required by
subdivision (b) of Section 12 above, Developer shall be deemed to have satisfied its
obligations to contribute to Community and Neighborhood Park Improvements under the
Public Facilities Fee for 1,995 residential units.
b. For Land Dedication. Upon satisfaction of the terms of Section 9.2
of the Development Agreement with respect to the Community Park, the land dedication
described in Section 1 of this Agreement will satisfy Developer’s obligations under the
community park land component of the City’s Public Facilities Fee for 8.170 acres of
Neighborhood Park and 19.063 acres of Community Park, as such terms are defined in
the Development Agreement.
14. Liability. Developer hereby warrants that the design and construction of
the Improvements will not require physical access to or intrusion upon any portion of
adjacent properties and that all work will be performed to standards customary to the
industry. Developer agrees to indemnify, defend with counsel acceptable to City, and
hold harmless City, its officers, officials, employees, agents, and volunteers, from and
against any and all loss, claims, suits, liabilities, actions, damages, or causes of action
of every kind, nature and description initiated prior to expiration of the Warranty Period
that relate to the construction of the Improvements (collectively “Liability”) directly or
indirectly arising from an act or omission of Developer, its employees, agents, or
independent contractors in connection with Developer’s actions and obligations
hereunder, except such Liabilities caused by the sole negligence or willful misconduct of
the City; provided as follows:
a. That City does not, and shall not, waive any rights against
Developer which it may have by reason of the aforesaid hold harmless agreement,
because of the acceptance by City, or the deposit with City by Developer, of any of the
insurance policies described in Section 15 hereof.
b. That the aforesaid hold harmless agreement by Developer shall
apply to all damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied, or approved of
plans and/or specifications for the subdivision, or regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
4.6.b
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i. Design Defect. If, in the reasonable opinion of the City, a
design defect in the work of Improvements becomes apparent during the course of
construction or within the Warranty Period (except for those manufactured products with
respect to which extended warranties have been provided, in which case the extended
warranty period shall apply), and said design defect, in the opinion of the City, may
substantially impair the public health and safety, Developer shall, upon order by the City
made within thirty (30) days of such determination by the City but in any event prior to
the expiration of the Warranty Period, correct said design defect at Developer’s sole
cost and expense, provided that such correction may require a Developer Change
Order and further provided that such costs are reimbursable by City subject to the terms
of Section 9(b) of this Agreement. The foregoing sentence shall in no event limit City’s
abilities to make a claim against any Manufacturer’s Warranties that have been
assigned to City pursuant to Section 10 of this Agreement.
ii. Litigation Expenses. In the event that legal action is
instituted by either party to this Agreement, and said action seeks damages for breach
of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in
the event judgment is entered in said action, the prevailing party shall be entitled to
recover its attorneys' fees and court costs. If City is the prevailing party, City shall also
be entitled to recover its attorney’s fees and costs in any action against Developer’s
surety on the bonds provided under Section 12.
iii. Third Party Claims. With respect to third party claims
against Developer, Developer waives any and all rights of any type to express or
implied indemnity against the City.
15. Insurance Required. Concurrently with the execution hereof, Developer
shall obtain or cause to be obtained and filed with the City, all insurance required under
this paragraph, and such insurance shall have been reasonably approved by the Risk
Manager of City, or his designee, as to form, amount and carrier. Prior to the
commencement of work under this Agreement, Developer's general contractor shall
obtain or cause to be obtained and filed with the Risk Manager, all insurance required
under this paragraph, and such insurance shall have been reasonably approved by the
Risk Manager of City, as to form, amount and carrier. Developer shall not allow any
contractor or subcontractor to commence work on this contract or subcontract until all
insurance required for Developer and Developer's general contractor shall have been so
obtained and approved. Said insurance shall be maintained in full force and effect until
the completion of work under this Agreement and the final acceptance thereof by City.
All insurance requirements herein provided shall at a minimum appear either in the body
of the insurance policies or as endorsements and shall specifically bind the appropriate
insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad
as:
i. Insurance Services Office form number GL 0002 (Ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form number
4.6.b
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GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services
Office Commercial General Liability coverage ("occurrence" form CG 0001.)
ii. Insurance Services Office form number CA 0001 (Ed. 1/78)
covering Automobile Liability, code 1 "any auto" and endorsement CA 0025.
iii. Workers' Compensation insurance as required by the Labor
Code of the State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. Developer shall maintain limits no
less than:
i. General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage. If commercial
General Liability Insurance or other form with a general aggregate limit is used, either
the general aggregate limit shall apply separately to this project/location or the general
aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
iii. Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. At the option of the
City, Developer shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be
endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages.
(1) The City, its officers, agents, officials, employees and
volunteers shall be named as additional insureds in respect to: liability arising out of
activities performed by or on behalf of Developer; products and completed operations of
Developer; premises owned, occupied or used by Developer; or automobiles owned,
leased, hired or borrowed by Developer. The coverage shall contain no special
limitations on the scope of the protection afforded to the City, its officers, officials,
employees or volunteers.
(2) Developer's insurance coverage shall be primary
insurance in respect to the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or
volunteers shall be excess of Developer's insurance and shall not contribute with it.
4.6.b
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(3) Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its officers, officials, employees or
volunteers.
(4) Developer's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
ii. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officers,
officials, employees and volunteers for losses arising from work performed by
Developer for the City.
iii. All Coverages. Each insurance policy required by this
clause shall be endorsed to state that coverage shall not be suspended, voided,
cancelled 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.
(1) Acceptability of Insurers. Insurance is to be placed
with insurers with a A.M. Bests' rating of no less than A:VII.
(2) Verification of Coverage. Developer shall furnish City
with certificates of insurance and with original endorsements effecting coverage
required by this clause. 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 certificates and endorsements are to be received and approved by the City before
work commences. The City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
(3) Subcontractors. Developer and/or Developer's
general contractor shall include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein.
16. Assignment of Agreement. This Agreement shall not be assigned by
Developer without the written consent of City, which shall not be unreasonably withheld.
17. Developer Not an Agent. Neither Developer nor any of Developer’s agents
or contractors are or shall be considered to be agents of City in connection with the
performance of Developer’s obligations under this Agreement.
18. Abandonment of Work.
a. If Developer refuses or fails to obtain prosecution of the work, or
any severable part thereof, with such diligence as will insure its completion within the
time specified, or any extension thereof, or fails to obtain completion of said work within
such time, or if Developer should be adjudged as bankrupt, or should make a general
assignment for the benefit of Developer’s creditors, or if a receiver should be appointed,
4.6.b
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339027-000055 12
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or if Developer, or any of Developer’s contractors, subcontractors, agents or employees
should violate any of the provisions of this Agreement, the City through its Public Works
Director may serve written notice on Developer and Developer’s surety or holder of
other security of breach of this Agreement, or of any portion, thereof, and default of
Developer.
b. In the event of any such notice of breach of this Agreement,
Developer’s surety shall have the duty to take over and complete the Improvements
herein specified; provided, however, that if the surety, within thirty (30) days after the
serving upon it of such notice of breach, does not give City written notice of its intention
to take over the performance of the contract, and does not commence performance
thereof within thirty (30) days after notice to City of such election, City may take over the
work and prosecute the same to completion, by contract or by any other method City
may deem advisable, for the account and at the expense of Developer and Developer’s
surety shall be liable to City for any damages and/or reasonable and documented
excess costs occasioned by City thereby; and, in such event, City, without liability for so
doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Developer as may be on the site of
the work and necessary therefor.
19. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid. Notices required to be given to City
shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
with a copy to:
City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
and
John Bakker, City Attorney
Meyers Nave
1999 Harrison, 9th Floor
Oakland, CA 94612
Notices required to be given to Developer shall be addressed as follows:
Dublin Crossing, LLC
c/o BrookCal Dublin LLC
4.6.b
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339027-000055 13
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500 La Gonda Way, Suite 100
Danville, CA 94526
Attention: Mr. Josh Roden
with a copy to:
Dublin Crossing, LLC
c/o BrookCal Dublin LLC
500 La Gonda Way, Suite 100
Danville, CA 94526
Attention: Mr. Joe Guerra
with a copy to:
Dublin Crossing, LLC
c/o Lennar Corporation
2603 Camino Ramon, Suite 525
San Ramon, CA 94583
Attention: Brian Olin
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
20. Use of Improvements. At all times prior to the Acceptance Date, the use
of any or all Improvements within the work to be performed under this Agreement shall
be at the sole and exclusive risk of Developer, provided that the date of any “City
Authorization” for the use of the Improvements by the public will be deemed to be the
Acceptance Date and the City’s acceptance of the Improvements for the purposes of
this Agreement. “City Authorization” shall be limited to written authorization of the City
Manager.
21. Safety Devices. Developer shall provide and maintain guards, watchmen,
fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to
and on the Park Site as may be commercially reasonably necessary to prevent
accidents to the public and damage to the Improvements. Developer shall furnish,
place, and maintain such lights as may be commercially reasonably necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all
work to be performed under this Agreement, all fences, barriers, regulatory signs,
warning lights, and other safety devices (except such safety items as may be shown on
the plans and included in the items of work) shall be removed from site of the work by
Developer, and the entire site left clean and orderly.
22. Venue. Any action arising out of this Agreement shall be brought in
Alameda County, California regardless of where else venue may lie.
4.6.b
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339027-000055 14
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23. Recitals. The foregoing Recitals are true and correct and are made a part
hereof.
24. 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.
25. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement.
4.6.b
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339027-000055 15
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed as of the date and year first above written.
City:
CITY OF DUBLIN
By: ____________________________
Laurie L. Sucgang, City Engineer
Approved as to form
________________________
John Bakker, City Attorney
4.6.b
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4.6.b
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4.6.b
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339027-000055 17
Exhibit A
Diagram of Community Park
4.6.b
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4.6.b
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Exhibit B
Description of Improvements and Estimated Costs
Description of Improvements:
This Park project provides for the design and construction of a 30.017-acre community
park in the Boulevard development, within the Dublin Crossing Specific Plan. The
park will be located between Dublin Boulevard, Scarlett Drive, Horizon Parkway, and
Columbus Street.
The Park will be designed to substantially conform to the conceptual plan, which was
approved by the City Council on January 9, 2018. The conceptual plan includes, but
is not limited to, the following base bid items: two tennis courts, two basketball courts,
a picnic and BBQ area, a great lawn (multi-use lawn area), a promenade loop, two
playgrounds, parent paddock, community garden, a pedestrian and bicycle bridge
over Chabot Canal, two foot bridges and trails through Chabot Canal, two restroom
buildings, a tensile shade structure, parking lots, and other amenities. The Park will
also be designed to include a specimen tree and an iconic piece of play equipment,
which was approved by the City Council on October 2, 2018.
Estimated Costs:
The Park project budget for the design and construction of the 30.017-acre community
park is $24,824,000. In accordance with the Dublin Crossing Development
Agreement, the Developer is responsible for project costs up to $12,857,142. The
City is responsible for the portion of the project costs that exceed that amount. City
funding will come from Public Facility Fee Funds and General Fund. The following
Estimated Project Budget is based upon fifty percent (50%) design drawings. Line
item descriptions may be revised, and prices are subject to change, prior to completion
of the Construction Documents.
4.6.b
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Estimated Project Budget:
Item of Work Estimated Budget
Project Soft Costs
Design $2,125,000
Environmental $50,000
Inspections $25,000
Agency Fees $1,720,000
DSG Water Service Conversion $120,000
City Paid Agency Fees $100,000
City Management $177,000
City Paid Consultants $1,025,000
Miscellaneous $10,000
Soft Costs Contingency $103,288
Soft Costs Total $5,455,288
Construction
General Requirements & Management $1,484,950
Clear & Grub $90,000
Rough Grading, Excavation & Stabilization $560,000
Fine Grading $815,000
Parking Lot Surfaces $860,000
Trails Surfacing $725,000
Walkways and Plaza $1,900,000
Sports Courts Surface $500,000
Playground Surface $170,000
Fencing $300,000
Site Furnishings $895,000
Neighborhood Playground $180,000
Adventure Playground $440,000
Iconic Play Structure $465,000
Restrooms $1,295,000
Shade Structure $55,000
Trash Enclosure $155,000
Pedestrian and Bicycle Bridge $500,000
Foot Bridges $220,000
Electrical Service $100,000
EV Charging and Parking Lot Lighting $340,000
Park Lighting and Power $825,000
Irrigation Trees & Shrubs $385,000
Irrigation Turf $1,590,000
Planting Trees & Shrubs $910,000
Planting Turf $435,000
Water Utilities $50,000
Sanitary Sewer Utilities $60,000
Storm Drain Utilities $1,355,000
Don Biddle Bust $35,000
Change Order Contingency 10% $1,673,762
Construction Total $19,368,712
Total Project Budget $24,824,000
4.6.b
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Exhibit C
Depiction of Iron Horse Trail Bridge Work
4.6.b
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Parks City of Dublin Capital Improvement Program 2020-2025 Page 43
Number – PK0115 DON BIDDLE COMMUNITY PARK Program – PARKS
PROJECT DESCRIPTION
This project provides for the design and construction of a 30-acre community park in the Boulevard Development within the Dublin Crossing Specific Plan. The
park will be located between Dublin Boulevard, Scarlett Drive, Horizon Parkway, and Columbus Street and will be built by the Boulevard Developer. The conceptual
plan was approved by the City Council on January 9, 2018. The plan includes tennis courts, basketball courts, a picnic and barbeque area, a great lawn (multi-use lawn
area), playgrounds, parent paddock, community garden, and other amenities. On October 2, 2018, City Council provided direction to use $600,000 of Community
Benefit Funds for the inclusion of a specimen tree and upgraded playground equipment in the park design. Construction is anticipated to begin in Summer 2020.
In accordance with the Dublin Crossing Development Agreement, the Developer is responsible for project costs up to $12,857,142. The City is responsible for
reimbursing the Developer for project costs that exceed that amount. City funding will come from Public Facility Fee Funds.
ANNUAL OPERATING IMPACT: $660,000
MANAGING DEPARTMENT: Public Works
2020-2025 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 - Salaries & Benefits $86,769 $433,133 $519,902
9200 - Contract Services $141,266 $1,290,891 $1,432,157
9400 - Improvements $18,804,720 $524,000 $19,328,720
9500 - Miscellaneous $429 $2,042,792 $2,043,221
TOTAL $228,464 $22,571,536 $524,000 $23,324,000
FUNDING SOURCE
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 - General Fund $600,000 $600,000
4100 - Public Facility Fees $228,464 $9,114,394 $524,000 $9,866,858
9999 - Developer Built $12,857,142 $12,857,142
TOTAL $228,464 $22,571,536 $524,000 $23,324,000
ANNUAL OPERATING IMPACT $660,000 $660,000 $660,000 $660,000
4.6.c
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Budget Change Reference #:
From Un-Appropriated Reserves Budget Transfer Between Funds
From Designated Reserves X Other
Account Amount Account Amount
PK0115.9200.9201 (Contract Service General)$1,500,000
3500.9501.49999 (Transfers In)$1,500,000
PK0115.1001 (1001.9501.89101) - General Fund Transfers Out $1,500,000
11/3/2020
Posted By:Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
REASON FOR BUDGET CHANGE
FISCAL YEAR 2020-21
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
City Council's Approval Required
EXP: Don Biddle Community Park (PK0115)
To account for increases in Zone 7 water connection fees, increases in DSRSD water capacity fees, and unanticipated pre-construction
services costs
G:\Budget Changes\13_2020-21\City Council\06_GI0120 Cultural Arts Ctr_110320
4.6.d
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Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Accessory Dwelling Unit Ordinance Update (PLPA-2020-00035) and
Proposed Changes to the City's Impact Fee Schedule
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
The City Council will consider Staff-initiated amendments to the Zoning Ordinance to
comply with recent changes in State law addressing barriers to development of
accessory dwelling units (ADUs) and junior ADUs (JADUs) and to facilitate the
production of ADUs. Proposed amendments include changes to the development
standards for minimum unit size, setbacks, and parking for ADUs and the addition of
regulations for JADUs. In compliance with State law, the City Council will also consider
adoption of changes to the City of Dublin Impact Fees pertaining to ADUs 750 square
feet or larger.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate and take the following actions: a) Waive the
reading and INTRODUCE the Ordinance Approving Amendments to Dublin Zoning
Ordinance Chapters 8.08, 8.12, 8.16, 8.20, 8.24, 8.36, 8.40, 8.65, 8.76, and 8.80
Regarding the Creation of Accessory Dwelling Units and Junior Accessory Dwelling
Units Effective City-wide; and b) adopt the Resolution Revising the Impact Fees for
Accessory Dwelling Units within the City of Dublin.
FINANCIAL IMPACT:
State law has established impact fee exemptions and/or limitations based on the size of
an accessory dwelling unit (ADU). The financial impact of the proposed change to
impact fees for ADUs is unknown as it is based on their development, size, and the size
of the primary residence.
DESCRIPTION:
The State Legislature continues to find that California faces a se vere housing crisis and
has determined that accessory dwelling units (ADUs) and junior accessory dwelling
units (JADUs) are a valuable form of housing in California which provide housing for
family members, students, the elderly, in-home health care providers, the disabled, and
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others, at below market prices within existing neighborhoods. Additionally, the current
Strategic Plan adopted by the City Council includes initiatives to facilitate the production
of affordable housing, including ADUs.
An ADU is an independent living facility that is subordinate to the principal residence
with a separate kitchen, sleeping area, and bathroom facilities. A JADU is also
subordinate to the principal residence; however, it is a unit that is contained entirely
within the walls of a single-family residence and is no more than 500 square feet in size.
A JADU must at a minimum include an efficiency kitchen but may share bathroom
facilities with the existing single-family residence.
Effective January 1, 2020, State law was amended regarding the creation of ADUs and
JADUs including Senate Bill (SB) 13, Assembly Bill (AB) 68, AB 587, AB 670, AB 671,
and AB 881 to further address barriers to development of ADUs and JADUs.
Collectively, these laws require that local agencies continue to provide ministerial review
of ADUs and JADUs, and further limits the regulations that local agencies can impose
on such units.
Therefore, Staff is proposing amendments to the Zoning Ordinance and modifications to
the impact fee program in order to comply with State law and to ensure that the Zoning
Ordinance remains internally consistent, and to facilitate the production of ADUs.
ANALYSIS:
Zoning Ordinance Amendments
The Dublin Zoning Ordinance currently allows for the establishment of a secon d unit on
a lot with an existing, detached, single-family dwelling unit in the Single Family
Residential (R-1) zoning district and comparable Planned Development (PD) zoning
districts. Further, Dublin Municipal Code Chapter 8.80 (Second Unit Regulations) a llow
any application for a second unit that meets the development standards and regulations
to be approved ministerially without discretionary review or a public hearing as required
by State law.
With the passage of SB 13, AB 68, AB 587, AB 670, AB 671 an d AB 881, State law
requires the City to relax certain development standards for second units including
setbacks, parking standards, and unit size, and requires that JADUs be allowed by right
in single-family residential units. An overview of the proposed amendments is provided
below.
“Second Dwelling Units” to “ADUs”
The Dublin Zoning Ordinance currently refers to these units as “second dwelling units,”
which is technically correct but has become an outdated term in recent years. Staff is
proposing amendments to change the unit type from “second dwelling units” to “ADUs”
to reflect updated terminology. As such, amendments to update all references to
“second dwelling units” throughout the Zoning Ordinance are included.
Chapter 8.08 (Definitions)
Changes to State law further refine the definition of an ADU. The proposed
amendments update the definition for ADU (formerly second unit) and adds a definition
for JADU.
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Chapter 8.12 (Zoning Districts and Permitted Uses of Land)
Current regulations allow for the establishment of a second unit on a lot with an existing,
detached, single-family dwelling unit in the R-1 zoning district and in a comparable PD
zoning district subject to certain standards. Changes to State law expanded the
requirement to allow ADUs on any parcel that allows a residential use (i.e., single-
family, two-family and multi-family residential parcels). As such, the amendments add
ADU and JADU as a permitted use in all districts where residential is an allowed use:
Agriculture, Residential and Retail Commercial zoning districts.
Chapter 8.16 (Agricultural Zoning District)
Like amendments to Chapter 8.12 (Zoning Districts and Permitted Uses of Land) above,
the proposed amendments add reference to ADU regulations to reflect that these units
are allowed in the Agricultural zoning district.
Chapter 8.76 (Off-Street Parking and Loading Regulations)
The existing regulations require one additional off-street parking space for a second
unit. However, State law was changed to state that the maximum parking requirement
for an ADU is one off-street parking space per unit or per bedroom, whichever is less.
As a result, if the ADU is a studio, then no additional off-street parking space is
required.
In addition, the proposed amendments add JADUs to the parking table. State law does
not allow the City to require additional off-street parking for JADUs. However, if parking
is provided, the parking space must comply with the requirements of Chapter 8.76 (Off -
Street Parking and Loading Regulations), except that the space may be compact, may
be uncovered, and may be in tandem with the required parking of the principal single -
family residence.
Chapter 8.80 (Second Units Regulations)
In order to effectively incorporate all the changes in State law, the propo sed
amendments replace Chapter 8.80 in its entirety and rename it ADU Regulations as
previously stated. The following is an overview of the more significant changes to
Chapter 8.80 that are not included in the preceding Chapters discussed above:
• New subsections for ADUs and JADUs to clearly separate their different
regulations.
• For lots with a single-family residence, both a detached ADU and a JADU may
be constructed.
• For lots with multi-family structures the following are allowed: 1) a minimum of
one ADU; 2) a maximum of two detached ADUs and; 3) for ADUs within the
structure a maximum of 25% of the number of regular dwelling units.
• Owner-occupancy is no longer required for ADUs but is required for JADUs.
The draft Ordinance is included as Attachment 1. For additional context, a redlined
version of the proposed changes is included as Attachment 2.
Impact Fee Amendments
State law (AB881, AB68 and SB 13) established impact fee exemptions and/or
limitations based on the size of an ADU. ADUs up to 750 square feet were already
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exempt from impact fees. The proposed change is related to impact fees for an ADU
750 square feet or larger and requires that impact fees charged be proportional to the
relationship of the ADU to the primary dwelling unit. The table below provides an
example of how the proportional fee would be calculated.
Size of Primary
Residence
Size of ADU Percentage of
Impact Fees
Charged
2,000 sf
1,200 sf 60%
1,000 sf 50%
750 sf 38%
As specified in State law, the changes to impact fees are effective January 1, 2020,
through January 1, 2025. The proposed impact fees would require both the standard fee
and the proportional fee to be calculated and that the lesser or the two be applied. The
Resolution approving the change to the impact fee sche dule with the proposed changes
shown in red are included as Attachments 3 and 4, respectively.
PLANNING COMMISSION REVIEW:
On October 13, 2020, the Planning Commission held a public hearing to consider the
proposed ADU Ordinance Update and unanimously adopted Resolution No. 20-14
recommending that the City Council adopt an Ordinance approving amendments to the
Dublin Zoning Ordinance regarding the creation of ADUs and JADUs effective city-wide.
Planning Commission Resolution No. 20-14 is included as Attachments 5.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING
ORDINANCE:
The proposed Zoning Ordinance Amendments are consistent with the Dublin General
Plan, including the Housing Element, all applicable Specific Plans, and the Zoning
Ordinance in that the amendments are consistent with applicable land use designations
and general development policies. The amendments also include minor revisions for
internal consistency within the Zoning Ordinance. Furthermore, the proposed
amendments are required to comply with State law.
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA), together with State Guidelines and
City of Dublin CEQA Guidelines and Procedures require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared.
Staff is recommending that the project be found statutorily exempt from the
requirements of CEQA pursuant to Public Resource Code Section 21080.17 and
Section 15282(h) of the CEQA Guidelines, which exempts adoption of an ordinance
regarding second units to implement provisions of Sections 65852.2 and 65852.22 of
the Government Code.
STRATEGIC PLAN INITIATIVE:
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Strategic Plan Strategy #3: Create More Affordable Housing Opportunities.
Objective C: Facilitate the production of ADUs throughout the community.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and
posted at several locations throughout the City. The public notice was provided to all
persons who have expressed an interest in being notified of meetings. The Staff Report
for this public hearing was also made available on the City’s website.
ATTACHMENTS:
1. Ordinance Approving Amendments to the Dublin Zoning Ordinance Regarding the
Creation of Accessory Dwelling Units and Junior Accessory Dwelling Units Effective
Citywide
2. Redlined Version of Zoning Ordinance
3. Resolution Revising Impact Fees for Accessory Dwelling Units within the City of
Dublin
4. Exhibit A to the Resolution - Impact Fees Schedule
5. Planning Commission Resolution No. 20-14
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ORDINANCE NO. xx – 20
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08
(DEFINITIONS), 8.12 (ZONING DISTRICTS AND PERMITTED USES OF LAND), 8.16
(AGRICULTURAL ZONING DISTRICT), 8.20 (RESIDENTIAL ZONING DISTRICTS), 8.24
(COMMERCIAL ZONING DISTRICTS), 8.36 (DEVELOPMENT REGULATIONS), 8.40
(ACCESSORY STRUCTURES AND USES REGULATIONS), 8.65 (COTTAGE FOOD
OPERATIONS), 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) AND 8.80
(SECOND UNITS REGULATIONS) REGARDING THE CREATION OF ACCESSORY
DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS EFFECTIVE CITY-WIDE
PLPA-2020-00035
WHEREAS, effective January 1, 2020, State law was amended regarding the creation of
accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) including Senate
Bill (SB) 13, Assembly Bill (AB) 68, AB 587, AB 670, AB 671 and AB 881 to address barriers to
development of ADUs and JADUs; and
WHEREAS, amendments to the Zoning Ordinance, including Chapters 8.08 (Definitions),
8.12 (Zoning Districts and Permitted Uses of Land), 8.16 (Agricultural Zoning District), 8.20
(Residential Zoning Districts), 8.24 (Commercial Zoning Districts), 8.36 (Development
Regulations), 8.40 (Accessory Structures and Uses Regulations), 8.65 (Cottage Food
Operations), 8.76 (Off-Street Parking and Loading Regulations), and 8.80 Second Units
Regulations) are necessary to comply with State law, clarify the regulations for ADUs and JADUs,
and provide consistency in the City’s regulations; and
WHEREAS, the proposed Zoning Ordinance amendments modify the development
standards for ADUs and adds regulations for JADUs consistent with State law; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 13,
2020, during which all interested persons were heard, and adopted Resolution No. 20-14
recommending City Council adoption of the proposed Zoning Ordinance Amendments; and
WHEREAS, a Staff Report was submitted to the Dublin City Council recommending
approval of the proposed Zoning Ordinance Amendments; and
WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on November 3, 2020, at which time all interested parties had the opportunity to be
heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used its independent judgment to evaluate the proje ct.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
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SECTION 1:
Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that
the Zoning Ordinance Amendments are consistent with the Dublin General Plan and all applicable
Specific Plans in that the amendments are necessary to comply with State law and are consistent
with applicable land use regulations and development policies.
SECTION 2:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of
Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared. Pursuant to the CEQA,
the City Council hereby finds the project statutorily exempt from the requirements of CEQA
pursuant to Public Resource Code Section 21080.17 and Section 15282(h) of the CEQA
Guidelines, which exempts adoption of an ordinance regarding second units to implement
provisions of Sections 65852.2 and 65852.22 of the Government Code .
SECTION 3:
The definitions in Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal
Code are hereby amended to read as follows:
Inhabitable Space. Accessory structures, with the exception of Guesthouses and Accessory
Dwelling Units, shall not be constructed so as to provide year around inhabitable space.
Accessory Dwelling Unit (use type). The term Accessory Dwelling Unit shall mean a residential
unit that provides independent living facilities for one or more persons and includes separate
kitchen, sleeping, and bathroom facilities. An Accessory Dwelling Unit may be a part of, attached
to, or detached from, a single-family, two-family or multi-family residence and is subordinate to
the principal residence. An Accessory Dwelling Unit also includes an efficiency unit, as defined
in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined
in Section 18007 of the Health and Safety Code.
SECTION 4:
Section 8.08.020 (Definitions (A-Z)) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to add the following definition:
Junior Accessory Dwelling Unit (use type). The term Junior Accessory Dwelling Unit shall
mean a unit that is no more than 500 square feet in size that is contained entirely within the walls
of a single-family residence, including attached garages and has a separate entrance. At a
minimum, a Junior Accessory Dwelling Unit shall include an efficiency kitchen with a food
preparation counter, cooking facility with appliances and storage cabinets, and may include
separate sanitation facilities or may share sanit ation facilities within the existing single-family
residence.
SECTION 5:
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The following row in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows:
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Accessory Dwelling
Unit
P P P P - - P - - - -
SECTION 6:
The following row in the table of Section 8.12.050 (Permitted and Conditionally Permitted Land
Uses) of Title 8 (Zoning) of the Dublin Municipal Code is hereby added to read as follows:
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
Junior Accessory Dwelling
Unit
P P P P
SECTION 7:
Section 8.16.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to
add subsection N to read as follows:
N. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations see Chapter 8.80.
SECTION 8:
Section 8.20.030.J (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations, please see Chapter 8.80.
SECTION 9:
Section 8.24.030.J (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior accessory
dwelling unit regulations, please see Chapter 8.80.
SECTION 10:
The following row in the table of Section 8.36.020 (Agricultural and Residential Development
Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as
follows:
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STANDARD A R-1 R-2 R-M
RESIDENTIAL
USE (maximum
per lot)
1 du.
(4)
1 du.
(4)
2 dus.
(4)
1 du per full 750
sq. ft. (and
larger as
consistent with
General Plan)
(4)
(4) See Chapter 8.80 Accessory Dwelling Unit Regulations regarding the allowable number of
ADUs.
SECTION 11:
Section 8.40.020.C.4. (Inhabitable space.) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
4. Inhabitable space. Accessory structures, with the exception of Guesthouses and Accessory
Dwelling Units shall not be constructed so as to provide year-round inhabitable space.
SECTION 12:
Section 8.40.020.D.3. (Second Units) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to read as follows:
3. Accessory Dwelling Units. Accessory dwelling units are subject to the provisions of
Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 13:
Section 8.40.020.H.2. of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read
as follows:
2. Detached inhabitable accessory structure other than a Guesthouse or Accessory
Dwelling Unit.
SECTION 14:
Section 8.40.030.C.4. (Second Units) of Title 8 (Zoning) of the Dublin Municipal Code is hereby
amended to read as follows:
4. Accessory Dwelling Units. Accessory dwelling units and junior accessory dwelling units are
subject to the provisions of Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 15:
Section 8.40.030.E.4.a.2. of Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to
read as follows:
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2. A guesthouse shall not be allowed on any lot containing an accessory dwelling unit
established pursuant to Chapter 8.80, Accessory Dwelling Unit Regulations.
SECTION 16:
Section 8.65.040.J (Minimum Separation) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
J. Minimum Separation. Except as otherwise stated below, a minimum 300 -foot radius
separation is required between all Cottage Food Operations. For single family detached dwellings,
accessory dwelling units and duplexes, the separation shall be measured from the property lines.
For townhomes, apartments and condominiums, where the units are dispersed among multiple
buildings, the separation shall be measured from the exterior walls of the building in w hich the
Cottage Food Operation is proposed to be located.
SECTION 17:
Section 8.76.070A.14.a.2. (Second unit parking) of Title 8 (Zoning) of the Dublin Municipal Code
is hereby amended to read as follows:
2. Accessory dwelling unit parking. Parking for an Accessory Dwelling Unit shall be provided
in accordance with this Chapter except as provided in Sections 8.80.030F and/or 8.80.040.F, as
applicable.
SECTION 18:
The following row “Second Unit” in the table of Section 8.76.080 B (Residential Use Types) of
Title 8 (Zoning) of the Dublin Municipal Code is hereby amended to read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling
Unit
See Section 8.80.030.F relating to Accessory Dwelling
Unit parking
SECTION 19:
The following row in the table of Section 8.76.080 B (Residential Use Types) of Title 8 (Zoning) of
the Dublin Municipal Code is hereby added to read as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Junior Accessory Dwelling
Unit
See Section 8.80.040.F relating to Junior Accessory
Dwelling Unit parking
SECTION 20:
Chapter 8.80 (Second Units Regulations) of Title 8 (Zoning) of the Dublin Municipal Code is
hereby amended to read as follows:
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CHAPTER 8.80
ACCESSORY DWELLING UNIT REGULATIONS
8.80.010 Purpose.
The purpose of this section is to implement Government Code Sections 65852.2 and 65852.22
by allowing the creation of accessory dwelling units and junior accessory dwelling units through
ministerial review subject to meeting the requirements of this Chapter.
8.80.020 Permitting Procedures.
If there is an existing residence on a lot, an application for an accessory dwelling unit or junior
accessory dwelling unit shall be subject to ministerial building permit rev iew and approval within
60 days of submission of a complete application. If an application for an accessory dwelling unit
or junior accessory dwelling unit is submitted with a permit application to create a new residence
on a lot, the application for the a ccessory dwelling unit may not be acted upon until the permit
application to create the new residence is approved.
8.80.030 Accessory Dwelling Units.
A building permit for an accessory dwelling unit will only be issued if it complies with the following
development standards and regulations:
A. Location Permitted. An accessory dwelling unit may be permitted on a lot with an existing or
proposed single-family use, or multi-family use in the A, R-1, R-2, R-M, and C-1 zoning districts
and in a Planned Developm ent zoning district. Any PD development regulations that are more
restrictive than this Chapter shall be superseded by this Chapter.
B. Maximum Number of Units and Density.
1. For lots with a single-family residence, there shall be a maximum of one (1) accessory
dwelling unit. A detached accessory dwelling unit may be combined with a junior accessory
dwelling unit that is consistent with Section 8.80.040 below.
2. For lots with a multi-family residence, there shall be:
a. A maximum of two (2) detached accessory dwelling units; and
b. Within a multi-family structure, a minimum of one (1) accessory dwelling unit is
permitted. The maximum number of accessory dwelling units shall not exceed 25% of the
number of legally established dwelling units within the existing multi-family structure. The
accessory dwelling unit is limited to non-habitable portions of the existing multi-family
structure, including, but not limited to, storage rooms, boiler rooms, passageways, attics,
basements, and garages.
3. Accessory dwelling units shall be exempted from the calculation of the maximum allowable
density for the lot on which it is located.
C. Unit Size. The total floor area of an attached or detached accessory dwelling unit shall not
exceed 1,200 square feet. However, in no case shall an attached accessory dwelling unit exceed
50% of the existing principal residence. An accessory dwelling unit shall be a minimum of 150
square feet or the size necessary to accommodate an efficiency unit as defined by Health and
Safety Code Sections 17958.1 and 18007, whichever is greater.
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D. Setbacks:
1. No setback shall be required for an existing structure or a structure constructed in the
same location and to the same dimensions as an existing structure that is converted to an
accessory dwelling unit or to a portion of an accessory dwelling unit, plus up to one hundred
fifty (150) square feet of additional floor area if limited to accommodating ingress and egress
and if the setbacks for the additional floor area are sufficient for fire and safety.
2. For all other structures, a setback of no more than four feet from the side and rear lot lines
shall be required for an accessory dwelling unit. Accessory dwelling units are not permitted
within an established front yard setback.
3. If the accessory dwelling unit is detached from the principal residence on the site, the
distance between the structures shall be determined by DMC Chapter 7.34, Residential Code.
E. Height. A detached accessory dwelling unit shall not exceed 16 feet in height. The maximum
height for an attached accessory dwelling unit shall conform to the height requirements of the
zoning district where the lot is located.
F. Parking. An accessory dwelling unit shall be provided with one (1) off -street parking space
per unit or per bedroom, whichever is less (if the accessory dwelling unit is a studio, then no space
is required). If a space is required, it shall be provided in accordance with the requirements of
Chapter 8.76, Off-Street Parking and Loading Regulations, except that the space may be
compact, may be uncovered, and may be in tandem with the required parking of the principal
dwelling unit. The accessory dwelling unit parking shall be in addition to parking required for the
principal residence except that replacement of the off -street parking spaces for the dwelling unit
is not required when the accessory dwelling unit is created through the conv ersion of a garage,
carport, or covered parking structure. The off-street parking space is not required in any of the
following instances:
1. The accessory dwelling unit is located within one -half mile walking distance of a public
transit stop.
2. The accessory dwelling unit is located within an architecturally and historically significant
historic district.
3. The accessory dwelling unit is within the proposed or existing principal residence or
accessory structure.
4. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory dwelling unit.
G. Entrance. An accessory dwelling unit shall require a separate entrance from the main
entrance to the proposed or existing principal residence. An exterior stairway proposed to serve
an accessory dwelling unit on a second story or higher shall not be visible from the front public
right-of-way.
H. No Balconies/Decks. Accessory dwelling units shall not contain balconies, upper-story decks,
or rooftop terraces.
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I. Public Utilities and Services. Accessory dwelling units shall be served by public water and
sewer and shall have access to an improved public street.
J. Design Compatibility. The accessory dwelling unit shall incorporate the same or similar
design features, building materials, colors, and landscaping as the principal residence.
K. Lot Coverage. The principal residence and accessory dwelling unit combined shall not cover
more than 60% of the lot.
L. Exemptions. The subsection C unit size standard for an attached accessory dwelling unit,
and the subsection K maximum lot coverage standard, shall be waived in the amounts necessary
to accommodate an accessory dwelling unit with a gross floor area of up to 800 square feet.
M Occupancy. Owner-occupancy shall not be required.
N. Ownership. The accessory dwelling unit shall not be sold or conveyed separately from the
principal residence to a qualified buyer except if all of the provisions of Government Code
65852.26 are met.
O. No Short-Term Rental. Accessory dwelling units shall not be rented for terms of 30 days or
less.
8.80.040 Junior Accessory Dwelling Units.
A building permit for a junior accessory dwelling unit will only be issued if it complies with the
following development standards and regulations:
A. Location Permitted. A junior accessory dwelling unit may be permitted on a parcel with an
existing or proposed single-family use in the A, R-1, R-2, and R-M zoning districts and in a
Planned Development zoning district. Any PD development regulations that are more restrictive
than this Chapter shall be superseded by this Chapter and shall be subject to the requirements of
this Chapter.
B. Relationship to Principal Use. The junior accessory dwelling unit shall be located entirely
within the walls of a proposed or existing single-family residence, including an attached garage.
C. Maximum Number of Units and Density. There shall be a maximum of one junior accessory
dwelling unit per lot. A junior accessory dwelling unit may be in addition to a detached accessory
dwelling unit that is consistent with Section 8.80.030(B)(1) above. A junior accessory dwelling unit
shall be exempted from the calculation of the maximum allowable density for the lot on which it is
located.
D. Unit Size. The total floor area of a junior accessory dwelling unit shall not be more than 500
square feet, excluding any shared sanitation facility within the principal single-family residence.
F. Parking. No off-street parking is required for junior accessory dwelling units. However, if
parking is provided, the parking space shall comply with the requirements of Chapter 8.76, Off -
Street Parking and Loading Regulations, except that the space may be compact, may be
uncovered, and may be in tandem with the required parking of the principal single-family
residence.
G. Entrance. A junior accessory dwelling unit shall require a separate entrance from the main
entrance of the proposed or existing single -family residence. An exterior stairway proposed to
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serve a junior accessory dwelling unit on a second story or higher shall not be visible from the
front public right-of-way.
H. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency kitchen, which
shall include the following:
1. A cooking facility with appliances;
2. A food preparation counter; and
3. Storage cabinets of reasonable size in relation to the size of the junior accessory
dwelling unit.
I. Occupancy and Ownership.
1. Owner-occupancy in the residence is required. The owner of the lot may occupy either
the principal single-family residence or the junior accessory dwelling unit, unless the owner
is another governmental agency, land trust or housing organization.
2. A junior accessory dwelling unit shall not be sold or otherwise conveyed separately from
the principal single-family residence.
3. A deed restriction, which shall run with the land, shall be filed with the building permit
application and include the following:
a. Prohibition on the sale of the junior accessory dwelling unit separate from the sale of
the single-family residence, including a statement that the deed restriction may be
enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit that
confirms with Government Code 65862.22.
J. No Short-Term Rental. Junior accessory dwelling units shall not be rented for terms of 30
days or less.
8.80.050 Submittal Procedures.
A building permit application for an accessory dwelling unit and/or junior accessory dwelling unit
shall be submitted to the Community Development Department. In addition to the standard
submittal requirements for a building permit, the accessory dwelling unit or junior accessory
dwelling unit application package shall include the following:
A. Site Plan. A site plan drawn to scale, showing the dimensions of the perimeter of the parcel
on which the accessory dwelling unit or junior accessory dwelling unit will be located. Indicate the
location and dimensioned setbacks of all existing and proposed structures on the project site.
B. Lot Coverage. Calculations indicating the square footage of the structure and the lot,
including calculations on the plan for the percentage of lot area covered by the foundation of the
new and existing dwelling units.
C. Elevations. For accessory dwelling units and/or junior accessory dwelling units that include
modifications to the exterior of the principal residence or new construction, provide elevations
showing all openings, exterior finishes, original and finish grades, stepped footing outline, roof
pitch, materials and color board for the existing residence and the proposed accessory dwelling
unit.
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D. Utility and Service Information. Provide information on available utility easements, services
and connections.
SECTION 21:
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 22: Effective Date and Posting of Ordinance
This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final
adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least
three (3) public places in the City of Dublin in accordance with Section 39633 of the Government
Code of California.
PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
day of , 2020, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Mayor
ATTEST:
___________________________________
City Clerk
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CHAPTER 8.08
DEFINITIONS
Inhabitable Space. Accessory structures, with the exception of Guesthouses and
Accessory Dwelling Second Units, shall not be constructed so as to provide year around
inhabitable space.
Accessory Dwelling Second Unit (use type). The term Accessory Dwelling Second
Unit shall mean a residential unit that provides independent living facilities for one or
more persons and includes separate kitchen, sleeping, and bathroom facilities. An
Accessory Dwelling Unit may be a part of, attached an extension to, or detached from, a
detached single-family, two-family or multi-family residence and is subordinate to the
principal residence. An Accessory Dwelling Unit also includes an efficiency unit, as
defined in Section 17958.1 of the Health and Safety Code, and a manufactured home,
as defined in Section 18007 of the Health and Safety Code.
Junior Accessory Dwelling Unit (use type). The term Junior Accessory Dwelling Unit
shall mean a unit that is no more than 500 square feet in size that is contained entirely
within the walls of a single-family residence, including attached garages and has a
separate entrance. At a minimum, a Junior Accessory Dwelling Unit shall include an
efficiency kitchen with a food preparation counter, cooking facility with appliances and
storage cabinets, and may include separate sanitation facilities or may share sanitation
facilities within the existing single-family residence.
CHAPTER 8.12
ZONING DISTRICTS AND PERMITTED USES OF LAND
RESIDENTIAL USE TYPES
RESIDENTIAL USE TYPE A R-1 R-2 R-M C-O C-
N C-1 C-2 M-
P M-1 M-2
Accessory Dwelling
Second Unit
P P P P - - P - - - -
Junior Accessory Dwelling
Unit
P P P P
CHAPTER 8.16
AGRICULTURAL ZONING DISTRICT
8.16.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
N. Accessory Dwelling Unit Regulations. For accessory dwelling unit and junior
accessory dwelling unit regulations, please see Chapter 8.80.
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CHAPTER 8.20
RESIDENTIAL ZONING DISTRICTS
8.20.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
J. Second Accessory Dwelling Unit Regulations. For second accessory dwelling
unit and junior accessory dwelling unit regulations, please see Chapter 8.80.
CHAPTER 8.24
COMMERCIAL ZONING DISTRICTS
8.24.030 Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards.
J. Second Accessory Dwelling Unit Regulations. For second accessory dwelling
unit regulations, please see Chapter 8.80.
CHAPTER 8.36
DEVELOPMENT REGULATIONS
8.36.020 Agricultural and Residential Development Regulations.
STANDARD A R-1 R-2 R-M
RESIDENTIAL
USE (maximum
per lot)
1 du. 1 Second
Unit
(4)
1 du. 1 Second
Unit
(4)
2 dus
(4)
1 du per full 750
sq. ft. (and
larger as
consistent with
General Plan)
(4)
(4) See Chapter 8.80 Accessory Dwelling Unit Regulations for allowable number of
ADUs.
CHAPTER 8.40
ACCESSORY STRUCTURES AND USE REGULATIONS
8.40.020 Accessory Structures.
C. General Requirements.
4. Inhabitable space. Accessory structures, with the exception of Guesthouses and
Accessory Dwelling Second Units shall not be constructed so as to provide year-round
inhabitable space.
D. Requirements for Specific Accessory Structures that Apply City -wide.
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3. Accessory Dwelling Second Units. Accessory dwelling Second units are
subject to the provisions of Chapter 8.80, Accessory Dwelling Second Unit Regulations.
H. Prohibited accessory structures within all Use Types.
2. Detached inhabitable accessory structure other than a Guesthouse or
Accessory Dwelling Second Unit.
8.040.030 Accessory Uses.
C. Requirements for Specific Accessory Uses that Apply City -wide. The
following accessory uses are as described below.
4. Accessory Dwelling Second Units. Accessory dwelling units and junior
accessory dwelling Second units are subject to the provisions of Chapter 8.80,
Accessory Dwelling Second Unit Regulations.
E. Permitted Residential Accessory Uses.
4. Guesthouses. A guesthouse may be established as an accessory use on the lot
of a single-family residence, as follows:
a. Limitation on use. A guesthouse shall comply with the following provisions:
2. A guesthouse shall not be allowed on any lot containing an accessory secondary
dwelling unit established pursuant to Chapter 8.80, Accessory Dwelling Second Unit
Regulations.
CHAPTER 8.65
COTTAGE FOOD OPERATIONS
8.65.040 Development Standards and Regulations.
J. Minimum Separation. Except as otherwise stated below, a minimum 300-foot
radius separation is required between all Cottage Food Operations. For single family
detached dwellings, second accessory dwelling units and duplexes, the separation shall
be measured from the property lines. For townhomes, apartments and condominiums,
where the units are dispersed among multiple buildings, the separation shall be
measured from the exterior walls of the building in which the Cottage Food Operation is
proposed to be located.
CHAPTER 8.76
OFF-STREET PARKING AND LOADING REGULATIONS
8.76.070 Development Standards.
A. Off-Street Parking Development Standards.
14. Location of Required Parking Spaces
a. Single family lot.
2. Accessory dwelling Second unit parking. Parking for an Accessory Dwelling
Second Unit shall be provided in accordance with this Chapter except as provided in
Sections 8.80.030F and/or 8.80.040.F, as applicable.
8.76.080 Parking Requirements by Use Type.
Residential Use Types. Residential Use Types shall provide off-street parking spaces
6.1.b
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as follows:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
Accessory Dwelling
Second Unit
1 parking space, sSee Section 8.80.040030.F relating
to Accessory Dwelling Second Unit parking
Junior Accessory Dwelling
Unit
See Section 8.80.040F relating to Junior Accessory
Dwelling Unit parking
CHAPTER 8.80
ACCESSORY DWELLING SECOND UNIT REGULATIONS
8.80.010 Purpose.
The purpose of this section is to implement Government Code Sections 65852.2 and
65852.22 by allowing the creation of accessory dwelling units and junior accessory
dwelling units through ministerial review subject to meeting the requirements of this
Chapter.
8.80.020 Permitting Procedures.
If there is an existing residence on a lot, an application for an accessory dwelling unit or
junior accessory dwelling unit shall be subject to ministerial building permit review and
approval within 60 days of submission of a complete application. If an application for an
accessory dwelling unit or junior accessory dwelling unit is submitted with a permit
application to create a new residence on a lot, the application for the accessory dwelling
unit may not be acted upon until the permit application to create the new residence is
approved.
8.80.030 Accessory Dwelling Units.
A building permit for an accessory dwelling unit will only be issued if it complies with the
following development standards and regulations:
A. Location Permitted. An accessory dwelling unit may be permitted on a lot with an
existing or proposed single-family use, or multi-family use in the A, R-1, R-2, R-M, and
C-1 zoning districts and in a Planned Development zoning district. Any PD development
regulations that are more restrictive than this Chapter shall be superseded by this
Chapter.
B. Maximum Number of Units and Density.
1. For lots with a single-family residence, there shall be a maximum of one (1)
accessory dwelling unit. A detached accessory dwelling unit may be combined
with a junior accessory dwelling unit that is consistent with Section 8.80.040 below.
2. For lots with a multi-family residence, there shall be:
a. A maximum of two (2) detached accessory dwelling units; and
b. Within a multi-family structure, a minimum of one (1) accessory dwelling unit
is permitted. The maximum number of accessory dwelling units shall not
6.1.b
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exceed 25% of the number of legally established dwelling units within the existing
multi-family structure. The accessory dwelling unit is limited to non -habitable
portions of the existing multi-family structure, including, but not limited to, storage
rooms, boiler rooms, passageways, attics, basements, and garages.
3. Accessory dwelling units shall be exempted from the calculation of the
maximum allowable density for the lot on which it is located.
C. Unit Size. The total floor area of an attached or detached accessory dwelling unit
shall not exceed 1,200 square feet. However, in no case shall an attached accessory
dwelling unit exceed 50% of the existing principal residence. An accessory dwelling unit
shall be a minimum of 150 square feet or the size necessary to accommodate an
efficiency unit as defined by Health and Safety Code Section s 17958.1 and 18007,
whichever is greater.
D. Setbacks:
1. No setback shall be required for an existing structure or a structure constructed
in the same location and to the same dimensions as an existing structure that is
converted to an accessory dwelling unit or to a portion of an accessory dwelling unit,
plus up to one hundred fifty (150) square feet of additional floor area if limited to
accommodating ingress and egress and if the setbacks for the additional floor area
are sufficient for fire and safety.
2. For all other structures, a setback of no more than four feet from the side and
rear lot lines shall be required for an accessory dwelling unit. Accessory dwelling
units are not permitted within an established front yard setback.
3. If the accessory dwelling unit is detached from the principal residence on the
site, the distance between the structures shall be determined by DMC Chapter 7.34,
Residential Code.
E. Height. A detached accessory dwelling unit shall not exceed 16 feet in height. The
maximum height for an attached accessory dwelling unit shall conform to the height
requirements of the zoning district where the lot is located.
F. Parking. An accessory dwelling unit shall be provided with one (1) off -street parking
space per unit or per bedroom, whichever is less (if the accessory dwelling unit is a
studio, then no space is required). If a space is required, it shall be provided in
accordance with the requirements of Chapter 8.76, Off -Street Parking and Loading
Regulations, except that the space may be compact, may be uncovered, and may be in
tandem with the required parking of the principal dwelling unit. A curb cut shall be
provided to City standards. The accessory dwelling unit parking shall be in addition to
parking required for the principal residence except that replacement of the off-street
parking spaces for the dwelling unit is not required when the accessory dwelling unit is
created through the conversion of a garage, carport, or covered parking structure. The
off-street parking space is not required in any of the following instances:
1. The accessory dwelling unit is located within one-half mile walking distance of a
public transit stop.
2. The accessory dwelling unit is located within an architecturally and historically
significant historic district.
6.1.b
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3. The accessory dwelling unit is within the proposed or existing principal
residence or accessory structure.
4. When on-street parking permits are required but not offered to the occupant of
the accessory dwelling unit.
5. When there is a car share vehicle located within one block of the accessory
dwelling unit.
G. Entrance. An accessory dwelling unit shall require a separate entrance from the
main entrance to the proposed or existing principal residence. An exterior stairway
proposed to serve an accessory dwelling unit on a second story or higher shall not be
visible from the front public right-of-way.
H. No Balconies/Decks. Accessory dwelling units shall not contain balconies, upper-
story decks, or rooftop terraces.
I. Public Utilities and Services. Accessory dwelling units shall be served by public
water and sewer and shall have access to an improved public street.
J. Design Compatibility. The accessory dwelling unit shall incorporate the same or
similar design features, building materials, colors, and landscaping as the principal
residence.
K. Lot Coverage. The principal residence and accessory dwelling unit combined shall
not cover more than 60% of the lot.
L. Exemptions. The subsection C unit size standard for an attached accessory
dwelling unit, and the subsection K maximum lot coverage standard, shall be waived in
the amounts necessary to accommodate an accessory dwelling unit with a gross floor
area of up to 800 square feet.
M Occupancy. Owner-occupancy shall not be required.
N. Ownership. The accessory dwelling unit shall not be sold or conveyed separately
from the principal residence to a qualified buyer except if all of the provisions of
Government Code 65852.26 are met.
O. No Short-Term Rental. Accessory dwelling units shall not be rented for terms of
30 days or less.
8.80.040 Junior Accessory Dwelling Units.
A building permit for a junior accessory dwelling unit will only be issued if it complies
with the following development standards and regulations:
A. Location Permitted. A junior accessory dwelling unit may be permitted on a
parcel with an existing or proposed single-family use in the A, R-1, R-2, and R-M zoning
districts and in a Planned Development zoning district. Any PD development regulations
that are more restrictive than this Chapter shall be superseded by this Chapter and shall
be subject to the requirements of this Chapter.
6.1.b
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B. Relationship to Principal Use. The junior accessory dwelling unit shall be located
entirely within the walls of a proposed or existing single-family residence, including an
attached garage.
C. Maximum Number of Units and Density. There shall be a maximum of one junior
accessory dwelling unit per lot. A junior accessory dwelling unit may be combined with a
detached accessory dwelling unit that is consistent with Section 8.80.030(B)(1) above.
A junior accessory dwelling unit shall be exempted from the calculation of the maximum
allowable density for the lot on which it is located.
D. Unit Size. The total floor area of a junior accessory dwelling unit shall not be more
than 500 square feet, excluding any shared sanitation facility within the principal single-
family residence.
F. Parking. No off-street parking is required for junior accessory dwelling units.
However, if parking is provided, the parking space shall comply with the requirements of
Chapter 8.76, Off-Street Parking and Loading Regulations, except that the space may
be compact, may be uncovered, and may be in tandem with t he required parking of the
principal single-family residence.
G. Entrance. A junior accessory dwelling unit shall require a separate entrance from the
main entrance of the proposed or existing single-family residence. An exterior stairway
proposed to serve a junior accessory dwelling unit on a second story or higher shall not
be visible from the front public right-of-way.
H. Efficiency Kitchen. A junior accessory dwelling unit shall include an efficiency
kitchen, which shall include the following:
1. A cooking facility with appliances;
2. A food preparation counter; and
3. Storage cabinets of reasonable size in relation to the size of the junior
accessory dwelling unit.
I. Occupancy and Ownership.
1. Owner-occupancy in the residence is required. The owner of the lot may
occupy either the principal single-family residence or the junior accessory
dwelling unit, unless the owner is another governmental agency, land trust or
housing organization.
2. A junior accessory dwelling unit shall not be sold or otherwise conveyed
separately from the principal single-family residence.
3. A deed restriction, which shall run with the land, shall be filed with the building
permit application and include the following:
a. Prohibition on the sale of the junior accessory dwelling unit separate from
the sale of the single-family residence, including a statement that the deed
restriction may be enforced against future purchasers.
b. A restriction on the size and attributes of the junior accessory dwelling unit
that confirms with Government Code 65862.22.
6.1.b
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J. No Short-Term Rental. Junior accessory dwelling units shall not be rented for
terms of 30 days or less.
8.80.050 Submittal Procedures.
A building permit application for an accessory dwelling unit and/or junior accessory
dwelling unit shall be submitted to the Community Development Department. In addition
to the standard submittal requirements for a building permit, the accessory dwelling unit
or junior accessory dwelling unit application package shall include the following:
A. Site Plan. A site plan drawn to scale, showing the dimensions of the perimeter of
the parcel on which the accessory dwelling unit or junior accessory dwelling unit will be
located. Indicate the location and dimensioned setbacks of all existing and proposed
structures on the project site.
B. Lot Coverage. Calculations indicating the square footage of the structure and the
lot, including calculations on the plan for the percentage of lot area covered by the
foundation of the new and existing dwelling units.
C. Elevations. For accessory dwelling units and/or junior accessory dwelling units
that include modifications to the exterior of the principal residence or new construction,
provide elevations showing all openings, exterior finishes, original and finish grades,
stepped footing outline, roof pitch, materials and color board for the existing residence
and the proposed accessory dwelling unit.
D. Utility and Service Information. Provide information on available utility
easements, services and connections.
6.1.b
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Reso. No. XXX-20, Item X.X, Adopted 11/03/20 Page 1 of 1
RESOLUTION NO. xx - 20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVISING THE IMPACT FEES FOR ACCESSORY DWELLING UNITS
WITHIN THE CITY OF DUBLIN
WHEREAS, the City Council of the City of Dublin adopted Impacts Fees for Fiscal Year
2020-21 with new rates effective July 1, 2020; and
WHEREAS, effective January 1, 2020, State law was amended regarding the creation of
accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) including Senate
Bill (SB) 13, Assembly Bill (AB) 68, AB 587, AB 670, AB 671 and AB 881 to address barriers to
development of ADUs and JADUs; and
WHEREAS, effective January 1, 2020, through January 1, 2025, an ADU less than 750
square feet is not subject to impact fees. An ADU 750 square feet or l arger is subject to impact
fees that are proportional in relation to square footage of the primary dwelling unit ; and
WHEREAS, pursuant to California Environmental Quality Act (CEQA) and CEQA
Guidelines Section 15378 (b)(4), revising Impact Fees is not a project and, therefore, exempt from
the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Dublin adopts the
revised Impact Fees attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that fees pertaining to ADUs identified in said Impact Fees
are effective January 1, 2020, through January 1, 2025.
PASSED, APPROVED, AND ADOPTED this 3rd day of November, 2020 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
6.1.c
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CITY OF DUBLIN
IMPACT FEES
FY 2020-21
The following pages contain a summary of the adjustments for the fees for Fiscal Year 2020-21.
The new fee rates become effective July 1, 2020, with the exception of the Freeway Interchange
Fee which becomes effective September 1, 2020.
•Public Facilities Impact Fee
•Fire Impact Fee
•Eastern Dublin Traffic Impact Fee (EDTIF)
•Western Dublin Traffic Impact Fee (WDTIF)
•Dublin Crossing Transportation Fee
•Tri-Valley Transportation Development Fee (TVTD)
•Noise Mitigation Fee
•Freeway Interchange Fee
•Affordable Housing In-Lieu Fee
•Dublin Ranch West Side Storm Drain Benefit District
•Dublin Ranch East Side Storm Drain Benefit District
* Effective January 1, 2020, through January 1, 2025, an accessory dwelling unit (ADU) less
than 750 square feet is not subject to impact fees. An ADU 750 square feet or larger is
subject to impact fees that are proportional in relation to square footage of the primary
dwelling unit or based on the impact fee per ADU, whichever is less.
6.1.d
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Page 2 of 6
PUBLIC FACILITY IMPACT FEES
RESIDENTIAL
Single Family
& Townhome
Other
Multi
Family
Senior
Housing ADU*
Aquatic Center $359 $219 $130 $219
Civic Center 1,592 972 578 972
Community Buildings 3,992 2,437 1,451 2,437
Community Nature Parks, Improvements 306 187 111 187
Community Parks, Improvements 4,833 2,949 1,757 2,949
Community Parks, Land 8,679 5,298 3,155 5,298
Libraries 287 176 104 176
Neighborhood Parks, Improvements 2,825 1,724 1,028 1,724
Neighborhood Parks, Land 3,909 2,386 1,421 2,386
TOTAL FEE $26,782 $16,348 $9,735 $16,348
NON-RESIDENTIAL Commercial Office Industrial
Senior Service
Facility
Aquatic Center $12 $16 $6 $5
Civic Center 372 500 186 151
Community Buildings 150 202 76 62
Comm. Nature Parks, Improve. 52 72 26 21
Community Parks, Improve. 840 1,128 418 342
Community Parks, Land 1,511 2,030 752 617
Libraries 55 75 28 23
TOTAL FEE (Per 1,000 sq.ft.) $2,992 $4,023 $1,492 $1,221
FIRE IMPACT FEE
RESIDENTIAL
Single-Family
& Townhome
Other Multi
Family
Senior
Housing ADU*
Per Unit $339 $207 $123 $207
NON-RESIDENTIAL Commercial Office Industrial
Senior
Service
Facility
Land-Use Type (Per 1,000 sq.ft.) $80 $107 $39 $32
6.1.d
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EASTERN DUBLIN TRAFFIC IMPACT FEE
RESIDENTIAL
OUTSIDE TRANSIT CENTER
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
EDTIF Cat. 1 $9,063 $9,063 $6,347 $5,439 $5,439
EDTIF Cat. 2 $2,332 $2,332 $1,634 $1,399 $1,399
EDTIF Cat. 2 (BART Garage) 790 790 553 474 474
EDTIF Cat. 2 $3,122 $3,122 $2,187 $1,873 $1,873
TOTAL FEE $12,185 $12,185 $8,534 $7,312 $7,312
RESIDENTIAL
INSIDE TRANSIT CENTER
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
EDTIF Cat. 1 $9,063 $9,063 $6,347 $4,138 $4,138
EDTIF Cat. 2 2,332 2,332 1,634 1,050 1,050
TOTAL FEE $11,395 $11,395 $7,981 $5,188 $5,188
NON-RESIDENTIAL Commercial Office Industrial
EDTIF Cat. 1 $866 $866 $866
EDTIF Cat. 2 235 235 235
TOTAL FEE (Per 1,000 sq.ft.) (1) $1,101 $1,101 $1,101
(1)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate Multiplier.
WESTERN DUBLIN TRAFFIC IMPACT FEE
RESIDENTIAL
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Medium High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit (1) $6,210 $6,210 $3,849 $3,229 $3,229
NON-RESIDENTIAL Commercial Office Industrial
Land-Use Type (Per 1,000 sq. ft.)(1) (2) (3) $6,210 $6,210 $6,210
(1)Project locates within the boundaries of the Downtown Dublin Specific Plan area is
eligible for a trip reduction factor of 23% if the project meets certain design criteria.
(2)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate
Multiplier.
(3)Project includes a retail use is eligible for a 35% trip reduction factor to the trips
associated with the retail use.
6.1.d
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DUBLIN CROSSING TRANSPORTATION FEE
RESIDENTIAL
Low
(6.0 Units per
acre or less)
Medium
(6.1-14
units/acre)
Medium
High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit $9,476 $9,476 $6,633 $5,685 $5,685
NON-RESIDENTIAL Commercial Office Industrial
TOTAL FEE (Per 1,000 sq.ft.) (1) $838 $838 $838
(1)Fee is calculated based on Fee Rate x Land Use Measurement Unit x Trip Rate Multiplier.
EASTERN DUBLIN FREEWAY INTERCHANGE FEE (City of Pleasanton)
RESIDENTIAL
Effective Sept. 1, 2019 -
Aug. 31, 2020
Low
Density
(6.0 Units per
acre or less)
Medium
Density
(6.1-14
units/acre)
Med/ High
Density
(14.1-25
units/acre)
High
Density
(25.1+
units/acre) ADU*
Base Fee $214.60 $214.60 $150.22 $128.76 $128.76
Escalator 135.85 135.85 95.10 81.50 81.50
TOTAL FEE $350.45 $350.45 $245.32 $210.26 $210.26
Effective Sept. 1, 2020 -
Aug. 31, 2021
Low
Density
(6.0 Units per
acre or less)
Medium
Density
(6.1-14
units/acre)
Med/High
Density
(14.1-25
units/acre)
High
Density
(25.1 +
units/acre) ADU*
Base Fee $214.60 $214.60 $150.22 $128.76 $128.76
Escalator 144.03 144.03 100.82 86.41 86.41
TOTAL FEE $358.63 $358.63 $251.04 $215.17 $215.17
NON-RESIDENTIAL
Effective Sept. 1, 2019 -
Aug. 31, 2020 Commercial Office Industrial
Base Fee $21.46 $21.46 $21.46
Escalator 13.57 13.57 13.57
TOTAL FEE (Per 1,000 sq. ft) (1) $35.03 $35.03 $35.03
Effective Sept. 1, 2020 -
Aug. 31, 2021 Commercial Office Industrial
Base Fee $21.46 $21.46 $21.46
Escalator 14.39 14.39 14.39
TOTAL FEE (Per 1,000 sq. ft) (1) $35.85 $35.85 $35.85
(1)Total fee calculation is based on EDTIF trip rate of Land-Use Type.
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TRI-VALLEY TRANSPORTATION DEVELOPMENT FEE
RESIDENTIAL Single Family Multi Family ADU
Per Unit $4,901.69 $3,376.47 $0
NON-RESIDENTIAL Commercial Office Industrial
Other
(Average AM/PM
peak hour trip)
Land-Use Type (Per sq.ft.) $3.63 $8.33 $4.85 $5,446.41
EASTERN DUBLIN NOISE MITIGATION FEE
RESIDENTIAL
Low
(6.0 Units
per acre or
less)
Medium
(6.1-14
units/acre)
Med/High
(14.1-25
units/acre)
High
(25.1+
units/acre) ADU*
Per Unit $4.74 $4.74 $3.32 $2.85 $2.85
NON-RESIDENTIAL Commercial Office Industrial
Land-Use Type (Per 1,000 sq.ft.) $23.71 $7.11 $2.37
AFFORDABLE HOUSING IN LIEU FEE
RESIDENTIAL (Per Unit) $206,386
NON-RESIDENTIAL Industrial Office
Research
& Devel. Retail
Services
& Accom.
Land-Use Type (Per sq.ft.) $0.57 $1.47 $0.96 $1.19 $0.50
STORM DRAIN BENEFIT ASSESSMENT DISTRICTS
1.DUBLIN RANCH WEST SIDE STORM DRAIN BENEFIT ASSESSMENT DISTRICT
Parcel Owner / Reference
Balance
(07/01/2020)
Parcel #2 Dublin Land Co. $153,093.15
Parcel #3 Dublin Land Co. $197,944.26
Parcel #4 Dublin Land Co. $97,757.24
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2. DUBLIN RANCH EAST SIDE STORM DRAIN BENEFIT ASSESSMENT DISTRICT
Note – Some Properties made payment which reduced the balance owed.
Parcel
Original Assessment Report
Owner / Reference
Balance
(07/01/2020)
Parcel #3 Chen $649,359.39
Parcel #4 EBJ Partners $7,586.34
Parcel #5 Anderson $2,758.70
Parcel #7 Croak $568,683.70
Parcel #8 Anderson $273,414.47
Parcel #9 Righetti $327,361.71
Parcel #10 Branaugh $262,379.78
Parcel #11 Monte Vista $64,139.00
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Accessory Dwelling Unit
Ordinance
City Council Meeting
November 3, 2020
Background
•Dublin Zoning Ordinance (2017)
•Government Code Section 65852.2
•New Law Effective January 1, 2020
•Senate Bill 13
•Assembly Bills 68, 587, 670, 671 and 881
Proposed Amendments
•Second Dwelling Units” to “Accessory Dwelling Units”
•New and Modified Definitions
•Accessory Dwelling Unit
•Inhabitable Space
•Junior Accessory Dwelling Unit (NEW)
•Permitted Locations
•Single Family Zoning Districts v Single Family Parcels
•Multi-Family Parcels (NEW)
•Retail Commercial Zoning Districts (NEW)
•Parking requirements
•Maximum of 1 parking space
•No parking for JADU
Proposed Amendments cont’d.
•Lots may have BOTH Accessory Dwelling Unit and Junior Accessory
Dwelling Unit
•Single Family
•(1) Detached ADU and (1) JADU
•Multi-Family
•(2) Detached ADUs, up to 25% interior ADUs and (0) JADU
Impact Fees
•January 1, 2020- January 1, 2025
•ADUs up to 750 square feet
–No fees
•ADUs 750 square feet or larger
–Standard Fees
–Proportional Fees
Size of Primary
Residence
Size of ADU Percentage of
Impact Fees
Charged
2,000 sf
1,200 sf 60%
1,000 sf 50%
750 sf 38%
Planning Commission
•October 13, 2020 Regular Meeting
•Recommended Approval
–5-0 vote
–Resolution No. 20-14
Recommendation
Conduct the public hearing, deliberate and take the following
actions:
a) Waive the reading and INTRODUCE an Ordinance
Approving Amendments to Dublin Zoning Ordinance
Chapters 8.08, 8.12, 8.16, 8.20, 8.24, 8.36, 8.40, 8.65, 8.76, and
8.80 regarding the creation of accessory dwelling units and
junior accessory dwelling units effective city-wide; and
b) Adopt a Resolution Revising the Impact Fees for Accessory
Dwelling Units Within the City of Dublin.
Page 1 of 3
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Public Art Display to Honor Community Efforts for Racial Justice and
Equality
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will consider the creation of a temporary City -curated installation of
public art at the Civic Center to honor the community’s fight for racial justice and
equality.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing a Temporary City-Curated Public Art Installation at
the Dublin Civic Center Honoring the Community’s Fight for Racial Justice and Equality
and appoint one or two Councilmembers to curate the public art display.
FINANCIAL IMPACT:
Staff estimates the cost of implementing the temporary art display and related
maintenance activities to be less than $1,000. Sufficient funds are available in the City
Council’s community promotions budget for this project.
DESCRIPTION:
At the October 20, 2020 meeting, the City Council directed Staff to prepare an item for
discussion and action in response to a request from the Tri-Valley for Black Lives and
Dublin High School Black Student Union to place a “traveling sign garden” at Eme rald
Glen Park for a two-week period. A representative of the groups indicated that the
purpose of the garden is to “continue protesting for justice within the Black Lives Matter
movement” and demonstrate that it is “not a moment but a movement that must
continue being talked about in our society.”
The Tri-Valley for Black Lives and the Dublin High Black Student Union are two local
groups of residents and students that have been advocating for the Black Lives Matter
movement following the killing of George Floyd, Breonna Taylor, and other people of
color by law enforcement officers. Tri-Valley for Black Lives has established similar
displays in the cities of Livermore and Pleasanton.
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Working with the City Attorney’s Office, Staff has evaluated the request, taking into
account the direction from the City Council to evaluate the City’s existing policies and
procedures for allowing this type of installation by a private organization. The Dublin
Municipal Code (DMC) currently regulates the placement of signs on public property
and does not authorize the type of display requested. The City Council also directed
Staff to evaluate the implications of creating a public forum. If the DMC was amended to
allow the display, it could create a First Amendment issue whereb y other groups could
be entitled to use the location for similar displays regardless of the subject matter or
viewpoint expressed.
In light of these issues, the preferred approach would be to treat this as a temporary art
display curated by the City, which would constitute “government speech.” Establishing a
temporary public art display in support of the Black Lives Matter movement and in
recognition of the community’s involvement in the movement is consistent with City of
Dublin’s values for Inclusivity, Diversity, and Equity, as stated in the City’s Vision
Statement. Speaking to Diversity, the Vision Statement states that the City “will support
a wide range of programs and events that reflect and cater to the diversity of our
residents.” The display’s purpose would be to reflect tangible community expressions
related to the Black Lives Matter movement and the underlying social issues it raises.
In establishing a temporary public art display, Staff is recommending that the City
Council select one or two of its members to curate the signage and work with Staff on
the display of the pieces for the public. The selected City Councilmember(s) could work
with Tri-Valley for Black Lives, Dublin High Black Student Union, and other members of
the community to identify available works for the display. The Councilmember(s) would
select the works to be included in the temporary public art display based on the
direction given by the City Council and choose, in consultation with the City Manager,
the location of the display. Finally, the Councilmember(s), working with the City
Manager, would direct the installation and maintenance of the display. The temporary
public art display would be displayed for no more than seven days and would begin no
sooner than November 9, 2020 to give the Councilmember(s) and Staff adequate
preparation time.
The City Council may desire to give additional direction or criteria to the volunteer(s).
For example, Staff believes it would be prudent to limit the number of works included in
the display to 40 and to limit the footprint of the display to less than 1000 square feet.
The City Council might also want to further define the scope and purpose of the display.
Staff can assist the Councilmember(s) in selecting an appropriate location for t he
display. The City Manager recommends the placement of the signage at the Dublin
Civic Center, rather than at Emerald Glen Park or any other park facility. At the Civic
Center, the temporary art can be monitored closely to ensure that it is in keeping wi th
what was approved for display. Staff has identified two areas in which the temporary
public art display could locate as shown below in orange and blue. The orange option
would place the display along a path, and the blue option would provide a fixed are a for
the display (a “garden” concept). Both options align with Staff's recommendation that
the location of this temporary art should be pedestrian-oriented and minimize impacts to
traffic safety.
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Next Steps
If the City Council authorizes the temporary public art display, Staff will work with the
selected Councilmember(s) to coordinate the establishment of the temporary public art
display in accordance with the procedures and parameters included in the Resolution.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Staff has notified representatives from the Tri-Valley for Black Lives and the Dublin High
Black Student Union, requesting their attendance at tonight’s meeting.
ATTACHMENTS:
1. Resolution Authorizing a Temporary City-Curated Public Art Installation at the Dublin
Civic Center Honoring the Community's Fight for Racial Justice and Equality
8.1
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Reso No. XXX-20, Item X.X, Adopted 11/03/2020 Page 1 of 3
RESOLUTION NO. XX-20
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING A TEMPORARY CITY-CURATED PUBLIC ART INSTALLATION AT THE
DUBLIN CIVIC CENTER HONORING THE COMMUNITY’S FIGHT FOR
RACIAL JUSTICE AND EQUALITY
WHEREAS, in response to the killing of George Floyd on May 25, 2020, protests,
and other public demonstrations have taken place across the country and around the
world with calls to address systemic racism and inequality; and
WHEREAS, Mr. Floyd’s death is a painful reminder of countless other instances
of violence against Black Americans, both recent and throughout the history of our
country; and
WHEREAS, the Black Lives Matter movement, like the Civil Rights Movement and
other movements before it, has articulated the injustices that exist and demanded that
action be taken to end this violence. The movement has become a symbol of protest and
call to action against racial inequality across America; and
WHEREAS, community protests and expression has been at the forefront of a
national dialogue regarding systemic racism, oppression, and injustice in recent m onths;
and
WHEREAS, cities across the country have joined this important conversation by
proclaiming support for the Black Lives Matter movement and reexamining how
government services operate and how government systems must be improved; and
WHEREAS, in the City of Dublin, community members have taken part in rallies,
protests, and public meetings, and have sent messages to local leaders and generally
engaged in political speech and expressive activity calling for reforms and decrying
racism and unequal treatment of members of minority groups and, in particular, Black
Americans; and
WHEREAS, the City Council of the City of Dublin desires to recognize and honor
these community voices and actions, inspire continued conversation, and express the
City Council’s belief that black lives matter; and
WHEREAS, public art, whether organic or organized, is a vehicle for community
engagement and expression; and
WHEREAS, the Tri-Valley For Black Lives and Dublin High Black Student Union
have encouraged the creation of tangible expressions related to the Black Lives Matter
movement and its underlying social issues and have collected such expressions for public
display; and
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Reso No. XXX-20, Item X.X, Adopted 11/03/2020 Page 2 of 3
WHEREAS, the City Council desires to display a collection of these expressions
and potentially others in the form of a temporary public art exhibit at the Dublin Civic
Center; and
WHEREAS, the City Council further desires to appoint one or two members of the
City Council to curate the display, including working with members of the community and
community grounds such as Tri-Valley For Black Lives and Dublin High Black Student
Union, determining, in consultation with the City Manager, an appropriate location at the
Civic Center, and installing and maintaining such display; and
WHEREAS, the temporary public art display is consistent with the City of Dublin’s
values for Inclusivity, Diversity, and Equity, as stated in the City’s Vision Statement; and
WHEREAS, the City Council discussed the temporary public art display at its
regular meeting on November 3, 2020 where members of the public had an opportunity
to provide public comment; and
WHEREAS, the project was reviewed consistent with the California Environmental
Quality Act Guidelines and found categorically exempt pursuant to Section 15304,
subdivision (e) (minor temporary use of land) in that it is a temporary public art display.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dublin as
follows:
1. The City Council of the City of Dublin recognizes the persistent and
lingering racial inequality that is embedded in our public and private systems, including
our systems of government.
2. The City Council approves a temporary public art display recognizing the
participation of Dublin and neighboring communities in the Black Lives Matter movement
to be displayed for a period not to exceed seven (7) days on the grounds of the D ublin
Civic Center, beginning no sooner than November 9, 2020.
3. The City Council has appointed _______________________ and
________________________ to curate the public art display. The appointed City
Councilmember(s) shall select the works to be included in the temporary public art display
(in consultation with members of the community, including Tri-Valley For Black Lives and
Dublin High Black Student Union); choose, in consultation with the City Manager, the
location of the display at the Civic Center; and direct the installation and maintenance of
the display. The ultimate public art display shall be consistent with the purposes of this
Resolution.
4. The City Manager shall assist the appointed member(s) in selecting an
appropriate location for the display. The location should be pedestrian -oriented, designed
to allow the public to comply with public health regulations, and located to minimize
impacts to traffic safety. The City Manager shall authorize City staff or contractors to install
8.1.a
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Reso No. XXX-20, Item X.X, Adopted 11/03/2020 Page 3 of 3
and maintain the display.
PASSED, APPROVED AND ADOPTED this 3rd day of November, 2020, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Item 8.1
Public Art Display to Honor
Community Efforts for Racial
Justice
November 3, 2020
Background
•October 20, 2020 City Council request to
prepare an item for discussion and action in
response to request for a “traveling sign garden”
•Review of existing policies and procedures:
–City regulates placement of signs on public property
and does not authorize the type of display requested.
–Amendments to these regulations could create first
amendment issues.
Recommended Approach
•Treat as a temporary art display curated by the
City, in support of the Black Lives Matter
movement and recognition of the community’s
involvement in the movement.
•Consistent with the City’s values for Inclusivity,
Diversity, and Equity.
Recommended Approach, 2
•City Council selects one or two members to curate
the signage and work on the display of pieces for
the public.
–Select pieces based on direction from the City Council
–Identify location of the display.
•Temporary display would be displayed for no more
than seven (7) days.
•Other direction/criteria:
–Limit signs to 40
–Limit display footprint to 1,000 square feet.
Potential Locations
Recommendation
•Adopt the Resolution Authorizing a Temporary
City-Curated Public Art Installation at the
Dublin Civic Center Honoring the Community’s
Fight for Racial Justice and Equality.
•Establish one or two Council Members to work
with Staff to curate the exhibit and decide on a
location.
Questions?
November 3, 2020
SB 343
Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that
relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.
The attached documents were received in the City
Clerk’s office after distribution of the November 3,
2020, Regular City Council meeting agenda packet.
Item 8.1
Hello Mr. Mayor and City Council,
I have discussed the proposed Sign Garden with Mr.Stefanski and Ms. Smith. I presented the
ideas to Tri Valley for Black Lives and they have some concerns that they would like for you all
to discuss and possibly implement. As for myself,I am mostly in agreement with what was
presented and share one concern with TVfBL.
Along with what was presented, I emailed Mr. Stefanski about public accessibility. We discussed
having guest speakers like the past two sign gardens have had. If we can have guest speakers (in
which he said were allowed), that would be optimal,as the point of the event is to unify the
public together to support the cause.
Secondly, we talked about pushing the event back to the 15th. This is so it can be on a Sunday,
which allows for the best turnout possible. And, we also thought it would benefit you all to be
able to plan accordingly with an ample amount of time.I also cleared this up with Mr. Stefanski
and he said that it should be okay to push it back.
The main concern that TVfBL and I have is the amount of signs that are allowed. We have signs
coming from the other sign garden, the Dublin High School Black Student Union, and TVfBL,
which will most likely be more than 40. If we could perhaps increase that amount, that'd be
great.
I apologise that I can not be there to speak as I am working the polls at St. Raymond's. Thank
you for the support that you have given us through these two weeks to help us promote justice
and awareness.
Sincerely,
Denel McMahan
Page 1 of 4
STAFF REPORT
CITY COUNCIL
DATE: November 3, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Overview of Mental Health Resources in the Tri-Valley
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will receive a report on the mental health resources available to Dublin
residents including potential ways to augment existing services. This item was prepared
in response to a September 1, 2020 Item 9 request.
STAFF RECOMMENDATION:
Receive the report and provide feedback to Staff.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On September 1, 2020 the City Council made a request under Item 9 for an
informational report on the mental health resources available to Dublin residents and
potential ways to augment existing services through partnerships with other Tri-Valley
cities or through enhanced funding from the City.
Overview of Mental Health Resources
Mental health resources can be categorized within three groups of individuals. The first
group consists of individuals with private insurance, who can access mental health
services via their insurance and are not generally eligible for public programs. The
second group is made up of lower income populations, eligible for or enrolled in Medi-
Cal, who may then take advantage of public mental health services and programs. The
third group comprises unsheltered populations who may have higher mental health
needs and/or may not be ready to accept services.
Recently, Governor Newsom signed SB 855 (Wiener) which bolsters the mental health
services private insurance must cover beginning in January 2021. The bill requires
health plans and insurers to provide full coverage for the treatment of all mental health
8.2
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conditions and substance use disorders as identified under any of the diagnostic
categories listed in the most recent edition of the International Classification of Diseases
or that is listed in the most recent version of the Diagnostic and Statistical Manual of
Mental Disorders (Health and Safety Code 1374.72(a)2).
Within the Tri-Valley, there are three main providers of mental health counseling
services for individuals within the second group. The providers and services they
provide are listed in Table 1 below:
Table 1: Tri-Valley Mental Health Providers
Provider Location Services
AXIS Community
Health
Pleasanton Comprehensive counseling services for adults,
teens, couples, families, and children. Includes
addiction counseling and community-based
counseling such as on-site school counseling.
Hively Pleasanton Counseling services for individuals, couples, and
families. Provides school site counseling as well
as support groups.
Horizons Livermore Family counseling, crisis intervention and case
management for Tri-Valley youth and their
families.
In addition, there are other mental health resources which seek to educate and connect
individuals to appropriate care. These entities and services are described in Table 2
below:
Table 1: Tri-Valley Mental Health Resources
Provider Location Services
Alameda County
Behavioral Health:
ACCESS Service
Countywide Systemwide point of contact for information,
screening, and referrals for mental health
services for residents who have or are eligible
for Medi-Cal. Telephone service staffed
Monday-Friday with licensed clinicians and
support.
Alameda County
Mobile Crisis Team
Countywide Crisis intervention, assessment, and referrals
dispatched via telephone at 510-891-5600.
Crisis Support
Services Suicide
Prevention of
Alameda County
Countywide Crisis intervention counselors available 24 hours
a day via 1-800-309-2131, support groups, and
counseling services.
Alameda County
Family Education
and Resource Center
(FERC)
Livermore Free education, advocacy, and support to family
caregivers of individuals with mental health
issues.
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Crisis Response
Program for Tri-
Valley
Livermore ACCESS Services with clinical and peer staff.
ACCESS is the systemwide point of contact for
information, screening, and referrals for mental
health, substance use services, and treatment
for County residents on Medi-Cal.
Bay Area Community
Services (BACS);
Valley Wellness
Pleasanton Wellness education and programming, including
psychiatric support, for individuals with housing
insecurity and mental health challenges.
*Due to COVID-19, walk-ins are not allowed, and services are provided via telephone.
The programs and services in Tables 1 and 2 are funded through a variety of means,
including but not limited to:
• Proposition 63 funding (i.e. Mental Health Services Act) administered by
Alameda County Behavioral Health.
• Insurance programs and Medi-Cal.
• Contributions or grants from other governmental agencies, foundations and/or
individuals.
The City, through the Community Grants Program, provides funding to Hively for
behavioral health care services. For Fiscal Year 2020-21, the City provided $21,298 to
fund a Full Time Clinician who provides counseling for families and children.
Additionally, AXIS Community Health receives Community Grants funding to cover a
loan obligation for the 2016 expansion of their Pleasanton facility ($13,587) and funding
for a Triage Call Nurse who provides medical advice ($9,135).
Opportunities to Augment Existing Services
Staff met with representatives from AXIS Community Health to brainstorm ways to
augment existing mental health services within the City of Dublin , both in terms of
assisting Dublin Police Services as well as providing more immediate care needs for
those in crisis.
The discussion included ways in which the City and AXIS could partner for an on-call
program that would enable their therapists to assist in calls for service alongside Dublin
Police Services. In addition, the discussion included an innovative option to offer a n ew
regional urgent care center for the Tri-Valley at the Pleasanton clinic.
For the urgent care center, the operation could include a therapist or psychiatrist, and
could provide after-hours crisis support and services, including a care coordinator to
ensure that the individual seeking this service can be transitioned to the next
appropriate place for care, be it their own medical provider or through another agency.
The Tri-Valley cities and AXIS would expect that this option would likely require a
regional collaboration amongst the cities and health care providers like Stanford Health -
Valley Care and Palo Alto Medical Foundation. Early discussions are underway with the
cities of Livermore and Pleasanton around this innovative concept.
Representatives from AXIS will attend the City Council Meeting to help answer any
questions the City Council may have on these initial service options.
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STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
None.
8.2
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Item 8.2
Mental Health Resources
Overview
November 3, 2020
Mental Health Resources
Group 1
•Privately
Insured
•Not generally
eligible for
public
programs
•SB 855
Impacts
Group 2
•MediCal or
eligible for
MediCal
•Has access to
public mental
health
services and
programs
Group 3
•Unsheltered
Populations
•Higher
mental health
needs or not
ready to
accept
services.
Tri -Valley Mental Health Providers
Provider Location Services
AXIS Community
Health Pleasanton
Comprehensive counseling services for adults,
teens, couples, families, and children. Includes
addiction counseling and community-based
counseling such as on-site school counseling
Hively Pleasanton
Counseling services for individuals, couples, and
families. Provides school site counseling as well as
support groups.
Horizons Livermore Family counseling, crisis intervention and case
management for Tri-Valley youth and their families.
Tri -Valley Mental Health Resources
•Additional Mental Health Resources to educate
and connect residents with appropriate care.
–ACCESS Service (Information/Screening/Referrals)
–Countywide Mobile Crisis Team
–Education and programming for additional support
(BACS, FERC)
Augmenting Existing Services
•Staff has met with representatives from AXIS
Community Health to brainstorm ways to
augment existing mental health services.
•Potential partnerships could include
–Therapist On-Call program with Dublin Police
Services.
–Regional Urgent Care Center collaboration.
•Representatives from AXIS are available to
answer any questions.
Questions?