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HomeMy WebLinkAbout*April 21, 2020 Regular City Council Meeting Agenda PacketApril 21, 2020 Dublin City Council Agenda Page 1 of 4 REGULAR MEETING Tuesday, April 21, 2020 DUBLIN CITY COUNCIL A G E N D A REGULAR MEETING 7:00 PM 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 adopt the following practices during upcoming City Council meetings: • The Dublin City Council will hold the meetings remotely via Zoom Video Communications. • 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 7:00 p.m. • Online speaker slips will be available at www.dublin.ca.gov, and the public will be able to call in using a computer/or smart phone via a link which will be provided following submission of a speaker slip. A telephonic option will also be available. • Once connected, the public speaker will be placed in an on-line waiting room. While in the waiting room, the public speaker should watch or listen to the meeting via the outlets above, as they will not see or hear the meeting while they are connected and waiting to speak. • 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 moved to the meeting for comment. REGULAR MEETING 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Sta ff 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 April 7, 2020 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 7, 2020 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 7, 2020 Regular City Council meeting. April 21, 2020 Dublin City Council Agenda Page 2 of 4 4.2. Consulting Services Agreement with Procure America for Business Intelligence Services The City Council will consider approval of a consulting services agreement with Procure America for business intelligence services. Under the agreement, Procure America will audit several categories of the City’s business-related expenses to identify potential cost savings. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Procure America for Business Intelligence Services. 4.3. Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from March 1, 2020 - March 31, 2020 totaling $12,027,791.55. STAFF RECOMMENDATION: Receive the report. 4.4. Approval of California Office of Emergency Services (CalOES) Form 130 Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements The City Council will consider approving the CalOES Form 130, designating the City Manager, Assistant City Manager, and Director of Administrative Services as agents necessary to provide for all matters pertaining to State and Federal Emergency Management Agency (FEMA) reimbursements. The Resolution will remain in effect for all open and future disasters up to three (3) years following the date of approval. STAFF RECOMMENDATION: Adopt the Resolution Approving the California Office of Emergency Services (CalOES) Form 130, Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements. 4.5. Acceptance of Work – Dublin Boulevard Widening Improvements Project and Mape Memorial Park Playground Replacement Project The City Council will consider accepting the Dublin Boulevard Widening Improvements Project and the Mape Memorial Park Playground Replacement Project. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Dublin Boulevard Widening Improvements Project (CIP No. ST1012) and adopt the Resolution Accepting the Mape Memorial Park Playground Replacement Project (CIP No. PK0319). 4.6. Proclamations for the Month of May The City Council will present the following proclamations for the month of May in the City of Dublin: Bike Month and Bike to Work Day, and National Day of Prayer. STAFF RECOMMENDATION: Present the proclamations. 4.7. First Amendment to the Community Benefit Program Agreement with Crystal Bay Development LLC (Formerly Bayview Development Group, Inc.) The City Council will consider approving a First Amendment to the Community Benefit Program Agreement with Crystal Bay Development LLC (formerly Bayview Development Group, Inc.) for the St. Patrick Way Residential Project that includes 499 residential units on a ±8.53-acre property located at 6700 Golden Gate Drive. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Community Benefit Program Agreement between the City of Dublin and Crystal Bay Development LLC (formerly Bayview Development Group, Inc.). April 21, 2020 Dublin City Council Agenda Page 3 of 4 5. WRITTEN COMMUNICATION 5.1. Review of Proposed Terms to Extend the Solid Waste Collection Services Agreement The City Council will receive an update on the City's negotiations with Amador Valley Industries, LLC on an extension to the Collection Services Agreement. The finalized agreement will be brought back to the City Council for approval in June. STAFF RECOMMENDATION: Receive the report and provide direction, if necessary. 6. PUBLIC HEARING 6.1. Tassajara Road Alignment Project - General Plan Amendment, Eastern Dublin Specific Plan Amendment, Introduce Ordinance Establishing Precise Alignment of Right-of- way Lines The City Council will hold a public hearing to hear comments and to consider approving a General Plan Amendment and an Eastern Dublin Specific Plan Amendment related to the Tassajara Road Alignment Project, reducing the number of travel lanes from six lanes to four lanes and to consider introducing an ordinance to establishing a precise alignment of the right-of-way lines for Tassajara Road between Palisades Drive to the Alameda-Contra Costa County Limit Line. The project is proposing to reduce the ultimate right-of-way width of Tassajara Road between North Dublin Ranch Drive to the Alameda-Contra Costa County limit line and to revise the alignment of Tassajara Road from Palisades Drive to the Alameda-Contra Costa County limit line to allow for future construction of Tassajara Road as a four-lane arterial. The new alignment will improve traffic safety within both the City of Dublin and in Contra Costa County when future construction is completed. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and take the following actions: a) Adopt the Resolution Amending the General Plan and the Eastern Dublin Specific Plan related to the Tassajara Road Alignment Project; b) Waive the reading and INTRODUCE the Ordinance to Establish Right-of-Way Lines for Tassajara Road between Palisades Drive to the Alameda- Contra Costa County Limit Line. 7. UNFINISHED BUSINESS – NONE. 8. NEW BUSINESS 8.1. Community Development Block Grant (CDBG) Program Review The City Council will consider its options to become an Entitlement City and receive funding directly from the U.S. Department of Housing and Urban Development (HUD) starting in 2021. The City currently receives CDBG funding through the Urban County program administered by Alameda County. The City must notify HUD and the County of its decision by May 15, 2020 and begin to implement that decision. STAFF RECOMMENDATION: Direct Staff to either remain in the Urban County program or seek Entitlement City status and notify HUD and Alameda County HCD of that decision. 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) April 21, 2020 Dublin City Council Agenda Page 4 of 4 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of the April 7, 2020 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the April 7, 2020 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 7, 2020 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the April 7, 2020 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the April 7, 2020 Regular City Council Meeting 4.1 Packet Pg. 5 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – APRIL 7, 2020 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING APRIL 7, 2020 A Regular Meeting of the Dublin City Council was held on Tuesday, April 7, 2020, 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 No public comment provided. 4. Consent Calendar 4.1. Approved the minutes of the March 3, 2020 Regular City Council meeting, the March 4 and 5, 2020 Special City Council meetings, and the March 18, 2020 Emergency City Council meeting. 4.2. Adopted RESOLUTION NO. 19-20 APPROVING A LIST OF PROJECTS FUNDED IN FISCAL YEAR 2020-21 BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 4.3. Received the March and April 2020 City proclamations. 4.4. Received the report of City Manager actions taken during delegation of authority. 4.1.a Packet Pg. 6 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING APRIL 7, 2020 4.5 Adopted RESOLUTION NO. 20 - 20 CONSIDERING AN INITIAL STUDY/CEQA ADDENDUM AND ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND ALAMEDA-CONTRA COSTA COUNY LIMIT LINE 4.6 Adopted RESOLUTION NO. 21 - 20 ACCEPTING THE PUBLIC SAFETY COMPLEX – POLICE SERVICES BUILDING IMPROVEMENTS, CIP NO. GI0116 RESOLUTION NO. 22 – 20 ACCEPTING THE ALAMO CREEK TRAIL REPAIR AND APPROVING THE FINAL CONTRACT CHANGE ORDER, CIP NO. ST0219 4.7 Received the Annual Fire Inspection Compliance Report for fiscal year 2018-19. 4.8 Received the Annual Progress Report on the status of the Dublin General Plan and Housing Element for calendar year 2019. 4.9 Waived the reading and adopted ORDINANCE NO. 03 - 20 APPROVING AMENDMENTS TO CHAPTER 8.84 (SIGN REGULATIONS) OF THE ZONING ORDINANCE RELATED TO OFF-SITE ADVERTISING SIGNS PLPA-2020-00001 4.10 Received the Payment Issuance Report and Electronic Fund Transfers for the month of February 2020. 4.11 Adopted RESOLUTION NO. 23 - 20 ADOPTING A SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION AND APPROVING A PROJECT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD 4.1.a Packet Pg. 7 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING APRIL 7, 2020 4.12 Adopted RESOLUTION NO. 24 - 20 AUTHORIZING CITY COMMITTEES AND COMMISSIONS TO MEET ELECTRONICALLY DURING CURRENTLY PROCLAIMED EMERGENCY RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Shawn Kumagai, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 5. Written Communication – None. 6. Public Hearing 6.1. Weed and Combustible Refuse Abatement Order Mayor Haubert opened the public hearing. Erika Ratto, Dublin resident, wished to provide public comment, but was unable to connect to the meeting due to technical difficulties. The City Manager later spoke to Ms. Ratto. Mayor Haubert closed the public hearing. On motion of Mayor Haubert, seconded by Councilmember Hernandez, and by unanimous vote, the City Council directed Staff to continue the weed abatement process, and made the following motion: RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Melissa Hernandez, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 7. Unfinished Business – None. 4.1.a Packet Pg. 8 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING APRIL 7, 2020 8. New Business 8.1. Update from City Manager on Impact of COVID-19 including City Finances The City Council received the update from the City Manager and Assistant City Manager on the impact of COVID-19 including City finances and provided their feedback. Kunal Khaware, Dublin Resident, provided public comment. 8.2. Short-Term Waiver of Penalties for Late Payment of Transient Occupancy Taxes The City Council received the report on the short-term waiver of penalties for late payment of transient occupancy taxes and provided their feedback. On motion of Mayor Haubert, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted: RESOLUTION NO. 25 - 20 PERMITTING THE TAX ADMINISTRATOR TO WAIVE PENALTIES AND INTEREST FOR FAILURE TO TIMELY PAY THE CITY’S TRANSIENT OCCUPANCY TAX RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, 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 Staff to prepare an item for discussion by the Economic Development Committee with ways the City can assist the City's small businesses in the City of Dublin; and, to direct any discussion about volunteering to be brought up with the Dublin Pride Week Committee as they work on a revised set of activities. 4.1.a Packet Pg. 9 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r M e e t i n g ) DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING APRIL 7, 2020 10. Adjournment The meeting was adjourned at 8:34 p.m. in honor of Sean Diamond and all of our fallen troops. Mayor ATTEST: ___________________________ City Clerk 4.1.a Packet Pg. 10 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e A p r i l 7 , 2 0 2 0 R e g u l a r M e e t i n g ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Consulting Services Agreement with Procure America for Business Intelligence Services Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approval of a consulting services agreement with Procure America for business intelligence services. Under the agreement, Procure America will audit several categories of the City’s business-related expenses to identify potential cost savings. STAFF RECOMMENDATION: Adopt the Resolution Approving a Consulting Services Agreement with Procure America for Business Intelligence Services. FINANCIAL IMPACT: There is no net financial impact associated with executing the agreement. The City will pay Procure America fees at a percentage rate of 30% of cost savings/refunds actualized, per audit review for 60 consecutive months. In the instance where no cost savings or refunds are obtained, then Procure America will receive no compensation for services rendered. This item is being brought to the City Council for approval in the instance the fees for service surpass the City Manager’s signing authority of $45,000. DESCRIPTION: Procure America provides government agencies with business intelligent services to identify cost savings in indirect expense categories such as facility utilities, document management (copier maintenance), telecommunications (voice, data, mobile), treasury (credit card processing fees), and waste and recycling services. Procure America achieves savings for agencies by having their teams of subject matter experts review and analyze the billing rates and contracts for services in these expense catego ries. Through this process, these teams identify opportunities for savings or alternative 4.2 Packet Pg. 11 Page 2 of 2 arrangements for services. Under this proposed agreement, Procure America will develop an Enterprise Strategic Plan regarding the short-, medium-, and long-term goals for each expense category. The development of this plan will include the review of existing agreements for services, evaluation of current operations, identification of opportunities to adjust needs and goals, execution of renegotiated contracts, validation of outcomes, and institutional change management (as needed). The proposed agreement utilizes a Regional Cooperative Agreement (RCA) entered into by the County of Orange and Procure America. Under this arrangement, the City will receive the negotiated terms and conditions of the original RCA. Procure America has provided these services to many public agencies in California including Contra Costa County as well as the Cities of Pico Rivera, Santa Ana, Hayward, and Escondido. Next Steps Upon approval of this agreement, Staff will work with Procure America to begin the first phase of analysis of expense categories, utilities and telecommunications. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Consulting Services Agreement with Procure America for Business Intelligence Services 2. Exhibit A to the Resolution: Agreement with Procure America 4.2 Packet Pg. 12 RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING A CONSULTING SERVICES AGREEMENT WITH PROCURE AMERICA FOR BUSINESS INTELLIGENCE SERVICES WHEREAS, the City of Dublin strives to be a good steward of public monies by operating in an efficient and effective manner; and WHEREAS, Procure America assists agencies by analyzing existing bills and contracts to identify potential savings in expense categories for utilities, telecommunications, document management, waste and recycling, and treasury services; and WHEREAS, Procure America will conduct these analyses for free and will only charge a fee based off of a percentage of the total amount of savings actualized; and WHEREAS, the City anticipates this work may result in a cost savings to the City for which the fee to Procure America may exceed the City Manager’s contract signing authority. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Consulting Services Agreement with Procure America for Business Intelligence Services, as attached hereto as Exhibit A to this Resolution; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement, attached hereto, and may any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of April 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ 4.2.a Packet Pg. 13 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h P r o c u r e A m e r i c a f o r B u s i n e s s I n t e l l i g e n c e S e r v i c e s ( P r o c u r e City Clerk 4.2.a Packet Pg. 14 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a C o n s u l t i n g S e r v i c e s A g r e e m e n t w i t h P r o c u r e A m e r i c a f o r B u s i n e s s I n t e l l i g e n c e S e r v i c e s ( P r o c u r e Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 1 of 13 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND PROCURE AMERICA, INC. FOR BUSINESS INTELLIGENCE SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Procure America, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of May 1, 2020 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on April 30, 2025, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. There will be no up-front fees and Consultant shall only be compensated as set forth in Exhibit B for work performed in accordance with Exhibit A. City shall have no obligation to pay any sum in excess of that specified in Exhibit B, unless authorized by amendment in accordance with Section 1.1 of this Agreement. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 15 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 2 of 13 In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. 2.1 Invoices. The Consultant shall submit invoices to City on Consultant’s letterhead. Each invoice shall have a unique number and shall include, at minimum, the following information: a. Consultant’s name and address (as specified in this Agreement) b. Consultant’s remittance address, if difference from (a.) above c. Name of City department/contact person d. Contract or PO number must be reference on all invoices e. Delivery/Service address f. Service Date g. Consultant’s Tax Identification Number (TIN) or Employer’s Identification Number (EIN) h. Description of services i. Total dollar amount of invoice j. The Consultant’s signature 2.2 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.3 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.4 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 16 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 3 of 13 Section 3. FACILITIES AND EQUIPMENT.Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 17 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 4 of 13 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 18 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 5 of 13 d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 19 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 6 of 13 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 20 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 7 of 13 are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: ƒ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ƒ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ƒ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 21 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 8 of 13 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 22 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 9 of 13 agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 23 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 10 of 13 those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 24 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 11 of 13 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Procure America Inc. Attn: Fred Armendariz 31103 Rancho Viejo Rd., #D2102 ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 25 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 12 of 13 San Juan Capistrano, CA 92675 Any written notice to City shall be sent to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, and D represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule Exhibit C Indemnification Exhibit D Orange County Regional Cooperative Agreement 10.12 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. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 26 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Last revised 04/02/2020 Procure America Inc. for Business Intelligence Services Page 13 of 13 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN PROCURE AMERICA INC. Linda Smith, City Manager Fred Armendariz, CEO Attest: Caroline Soto, City Clerk Approved as to Form: City Attorney 3070368.1 ,7190436Ā-6:25782Ā/,)Ā."!$ %+ Ȁ#!&+Ȁ$"..Ȁ('(,Ȁ$&$++#+*'%$( EXHIBIT A TO THE RESOLUTION 4.2.b Packet Pg. 27 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit A – Page 1 of 4 EXHIBIT A SCOPE OF SERVICES Procure America is the Country’s leading business intelligence firm supporting government agencies with Enterprise Strategic Plans (ESP) specifically designed to deliver expense reduction and operational efficiency. With over 2 billion dollars of client expenses under management, our expertise and track record are second to none in this space. Each of the Procure America’s 6 practice groups: Utilities, Waste & Recycling, Document Management, Telecommunications, Treasury and Risk Management are staffed with highly experienced professionals who come directly from the industry in which they practice delivering insight, innovation, intelligence and results. In 2019, Procure America was awarded a Regional Cooperative Agreement (OC-RCA 017-19010018) by the County of Orange, for the services under consideration by City of Dublin. The following Scope of Work mirrors the OC-RCA in project scope, compensation and mission deliverables. A copy of the Regional Cooperative Agreement can be found in Exhibit D. OBJECTIVE Procure America’s mission objective is to deliver the City of Dublin (Client) an Enterprise Strategic Plan (ESP) to minimize the City’s utility, telecommunications, document management and treasury costs. Our team of professionals will use their best efforts to obtain cost savings for the City by analyzing the Client’s policies, procedures, supplier contracts, inventory of meters and services, equipment, past invoices and other pertinent information as it relates to the expense categories stated in this proposal. Procure America cost reviews require minimal staff time, with no disruptions to the City’s daily operations. Our teams are self-contained with analytics, technology and any resources needed to accomplish the assigned review as outlined in this proposal. UTILITIES- Tariff Rate Optimization Study – TROS® This analysis is unique and highly specialized in that our work is primarily a legal review of tariff rates, transmission fees and surcharge structures. The study also includes: a forensic legal review of the California Public Utility Commission's (CPUC) rulings; interpretations and regulations as it applies to commercial and governmental tariff rate assignments; and how the providers are applying said rates structures to the City. Further, our team has deep experience in municipal tax code applications and apply this expertise to our client's various North American Industry Classification System (NAICS) designations in search of exemptions and cost mitigation opportunities through individual meter rate modeling and other measures. Procure America conducts TROS® reviews using methods, technology, and human capital that are highly specialized and proprietary. Procure America staff’s qualifications to conduct a TROS® review requires both a legal background and operational-engineering experience in order to understand, identify and implement the most “favorable” CPUC adjudicated rate structures available, and to recognize less than apparent tariff rate designations and tax mitigation that may benefit our clients. TELECOMMUNICATIONS COST REVIEW The Telecommunications Cost Review seeks to reduce the City’s landline voice, data and wireless costs while maintaining or improving service levels. This detailed and specialized review goes far beyond a typical telecom bill audit which is focused on identifying past carrier billing errors. Bringing decades of industry experience, Procure America’s team will review every phone line, circuit and wireless device to identify services that are not on the most appropriate plan offered by the carrier. Legacy services that can be replaced by more efficient 4.2.b Packet Pg. 28 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit A – Page 2 of 4 technologies will be identified along with specific recommendations to the City. Contract optimization plays a role in identifying savings opportunities; therefore, we conduct a forensic review of contract terms and compare to industry best practices, cost model comparisons and governmental program modeling. Our goal is to optimize the agreement to the Client’s specific goals and needs. Our team has extensive knowledge of public-sector telecom purchasing contracts and will apply this expertise to identify any contracting vehicles that will benefit the City of Dublin. DOCUMENT MANAGEMENT COST REVIEW While Procure America has experience working with all manufacturers and service providers in the industry including Xerox, HP, Sharp, Ricoh, Konica and others, we remain completely vendor and hardware neutral. We have access to databases of vendors, pricing and performance-related metrics providing insight into how various brands and models perform in different environments. Our process includes establishing the historical cost and objective assessment of all copier and printer devices, all pages, everywhere throughout the organization, including scanning and faxing processes. We focus on optimization from the very start of the assessment through the acquisition, and ultimately the daily management of devices. In the end, our comprehensive analysis will provide recommendations on print cost reduction and management, including operation and service enhancements. Procure America will work to develop cost savings strategies to meet the City's needs, goals, and efficiencies with reduced pricing. TREASURY COST REVIEW Procure America specializes in minimizing costs associated with accepting credit cards and other forms of electronic payment. As vendor neutral experts in the payments industry, we employ a comprehensive strategy to redirect those fees back to our clients. In contract to belief, pricing is only part of the equation. In order to minimize the City’s credit card processing costs, Procure America provides very specific pricing and terms to ensure transactions are clearing at the lowest cost method. Further, our recommendations strive to increase efficiency and a better, more transparent relationship with your processing vendors. A comprehensive ESP will be generated with our findings and recommendations will be presented to the City, along with a discussion on the various options presented to pursue savings. Additionally, we will also advise on methods or emerging technology that could further reduce costs for the City. Enterprise Strategic Plan (ESP) Process: 1. Gathering Historical Data - Procure America will gather and organize historical billing information for all the City’s utility, telecommunications, document management and treasury (electronic payment processing) accounts. Where data is not readily available, Procure America will dedicate staff to work with the individual departments and providers to gather the needed billing information. This process would require limited time from City staff with the vast majority of the required information available directly to Procure America through online access with the providers. 2. Tariff Rate Analysis - Procure America analyzes the data accumulated in light of applicable tariffs, statutes, California Public Utilities Commission (CPUC) decisions and specific rate structures. All utility accounts are reviewed to determine whether they are being billed correctly, and whether they have been billed appropriately in the past. Procure America’s analysis includes but is not limited to the investigation of billing calculations, inappropriate rate schedules, proper metering of services, optional rates, applicability of taxes and surcharges, baseline and lifeline allowance calculations, meter multipliers, and rules and regulations affecting billing. 4.2.b Packet Pg. 29 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit A – Page 3 of 4 Where the TROS® review starts with the historical aspect of the client’s expenses associated to rate structures, the more significant and long-term value associated to the study stems from the alternative rates available to the client moving forward. In the rate modeling component of a TROS® review, the analyst mathematically tests alternate tariff rates the client is entitled to use per CPUC rules and regulations. These alternative tariffs are based on a myriad of qualifiers including various industry NAICS codes designations, specific usage rates, load profiles, technology, 15-minute interval data and other influencers, including the new PG&E Time-of-Use structures (see section 8 for additional detail). The go-forward cost reduction aspect of the rate modeling element of a TROS® review has an extended shelf life that will continue for many years into the future. 3. Telecommunications Cost Analysis - Procure America utilizes historical billing information and carrier Customer Service Records to create a complete and current inventory of all landline voice, data and wireless services by location. Each account is reviewed to determine if services are being billed correctly per the terms of the contract and whether they have been billed appropriately in the past. Procure America’s analysis includes a review of monthly recurring costs, usage charges, equipment charges, feature charges and the applicability of taxes and surcharges. Opportunities to reduce ongoing costs with improved carrier pricing or by utilizing available purchasing contracts are identified. Based on line-by-line usage studies, Procure America will recommend the most cost-effective carrier plans for each phone line, circuit and wireless device. Usage reports, dial studies and data traffic studies are used to identify phone lines, circuits and wireless devices that appear to be unused and may no longer be needed. 4. Document Management Cost Analysis – Procure America’s team will gather information from the City and from the City's vendors including service history information for the past months, purchase and/or lease information and service contract information. Thereafter, we will assess the current pricing, printing, copying, scanning and faxing environment to provide recommendations related to the deployment of devices, policies, and procedures in order to obtain the advantages of a more streamlined and efficient document output fleet for the City. Procure America will also obtain data from the devices, interview key personnel, conduct a site visit to couple equipment with location, review service histories and supply pricing to establish cost and service benchmarking. A complete equipment list of inventory, establishing a baseline in pricing and the detailed print environment will be complied into a report with recommendations on print cost reduction and management. This detailed ESP includes an Excel file with a comprehensive cost analysis report at the individual asset level for all devices including all costs of operation for hardware/software, service, and supplies (ink/toner). Our analysis may recommend the City conducts a Request for Proposal (RFP) for Managed Print Services. If so, Procure America will work with the City's staff to develop the RFP specifications and assist writing the RFP, aligning the overall strategy and goals of the City. Procure America will assist the City evaluating the technical specifications of various models, advise on the selection of devices and ultimately awarding the contract for equipment, supplies and services specific to optimize the City’s document management needs. 5. Treasury Cost Analysis – After a preliminary review of 4 months of recent processing statements, we will request a call with the City’s designated staff member(s) to get a deep understanding of Interchange and Interchange Compliance, as well as all the alternative models that could work given the City’s needs. Thereafter, we will do our analysis to 4.2.b Packet Pg. 30 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit A – Page 4 of 4 deliver a savings strategy by reducing fees associated with accepting credit, debit and other forms of electronic payment. A comprehensive report will be generated with our findings and recommendations will be presented to the City of Dublin. Based on our analysis will work with the City to determine if remaining with the existing processor (our preference), consolidating to one of the existing processors (if there are multiple providers) or if selecting an alternative trusted vendor is the best course to achieve cost savings. Thereafter, Procure America can either negotiate on behalf of the City or advise the City on how to drive price and operations toward the desired targets. 6. Report Submission - The ESP reports will summarize the results of the Telecommunications, Document Management, Treasury and TROS® reviews. The reports will contain an explanation of legal grounds for all refunds and cost reduction opportunities identified for each account, including calculations of the estimated savings and refunds expected to be achieved. 7. Implementation of Changes/Recovery of Refunds - Procure America takes all necessary steps to implement the City’s approved recommended changes and collect refunds for past billing errors. This work includes preparing documentation supporting Procure America’s recommended rate applications and if necessary, communicating or meeting with provider personnel to discuss each request. No involvement is required by City staff other than in an advisory capacity and for final approval. ESP DELIVERABLES 1. Analysis of historical usage data on all reviewed accounts 2. Legal and performance review of Power Purchase Agreements (PPA) 3. Complete inventory of all telecommunications services, hardware and phonelines 4. Complete inventory of all print management devices by location 5. Strategic go-forward findings report with recommendations to reduce costs 6.Implement all City approved recommendations 7. Evaluate any requests denied by utility provider and appeal to CPUC if appropriate and approved by the Client 8. Direct communication with carriers to confirm proper implementation 9. Work on behalf or advise the City on merchant account recommendations 10. Document and collect refunds for past overcharges 11. Monthly auditing of vendor invoices to verify cost reduction 12. Ongoing cost reduction review 4.2.b Packet Pg. 31 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit B – Page 1 of 1 EXHIBIT B COMPENSATION SCHEDULE Procure America’s compensation proposal to the City is 100% contingency based. The ESP report will document the Established Rates and specific recommendations for cost reduction and outline the methodology used. If the City elects to proceed with any or all of the recommendations as set forth in the ESP report. City will pay fees at the following percentage rate of cost savings/refunds, per audit review, after City approves and receives Consultant recommendations in accordance with the provisions of this Agreement. •30% of actual cost recovered for each month in the targeted expense category(s), for sixty (60) consecutive months. 4.2.b Packet Pg. 32 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Consulting Services Agreement between City of Dublin and Procure America Inc. for Business Intelligence Services Last revised 04/02/2020 Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City. Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first. 4.2.b Packet Pg. 33 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 35 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 36 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 37 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 38 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 39 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 40 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 41 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 42 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) C<HmQ! ojt)range, Count.p E,xecudve (JjJice CostRecovery and Reduction Services Contr4ct: R,CA.-017�19010018 l]roc1tre'A�efiC111,,Inc. l 1. Child SupJ)ort i;:ntorCcement ��quircmenti;: Contra9tor certifies n1s in full toinpUartce with allappriqabJe fiederal, � state reporting requlrerneqts regarding its ernployee5and with all lawfully �erred Wage and Earnfogs Assignment Orders and Notices of Assignmerits andwiU continue to be in coropUance thr9ughout 1P� tei;m of.the .OoJltract with the Corutt.y. of,orange .. Failure to comply shall cQnstitute a rnateriaLbr¢ach. of the Contract and failure to cure such breach within 60 calenciar days. ofnotice ,frc>1n th¢County shall constitute grounds fotterininatfo11 ofilie •. Contract. 12.ownership of Oocuments: The. Court� has permaite�t ownership Qf all dltectly coruiected ap(ideri\o'ative materials produced under thisG011tracthy tbe Contract9r .. All d9cu�nents, repgrtsandnther Incidental Qt d�rivatiye work <>r.mat,erials fru11ished t.e.-ew1der sball ge99rne and remafns thesole property Qf the County (1114 m!Iy pe ll§ecl, PY t\l.e C<>unty as it lnay require withoµt ad4itiopal�ost tp the C:0µ11tx. Nolle of tl.1e. qqcu.ments, repqrts ail4 <>ther foci<fer,taJ m-derivative WQrk 9tfuraj$becl. inaterials sh.a! I .. ge • \/-sec!, QY the Contraetor without tbe express written eon;sent of theGPUAl)'i ll Da,ta - TltJe; To: All Ul{lJed�ls, dOCl!Iil¢ll�S. d.ata or infqrrnadon. Qbtained from the Counw data f'jles Qrany Qpunty me4iurn furpJshed to the Contractodn the performance Cir this contract WiU at :i.ll. times .. 1:en1aiu fu�. prqpe� ()f' lhe . Co\lnty. guch data or .. information n1ay not lie used 6rcqpiedfor dire¢t pr 111d,irect u!e by·. the9mtractor after co111pletion or tert11U1atfo11 of this ?ontraet without the express written consent oflhc. County. All rrtat�rialsrdocurnents, data Qr hiforrttation, including copies, mustbe returned to the County .lit tlie end of this Gontra¢t. 14.Publication: . �ti co�ies of ske!ches, schedu.Ies, \'yritten �ocwnerits! c9fuputer q�sed �ta,phot()gtaphsl niaps or !¥�phs, Juclu�i�ggrap.hic art \\'Ork� resulJin� from. Pefforrn;tqqe or preP.!!tedin porinectio1t W,ith this Co�tract;. are t9. be reiea.scd PY Cpnti:1!,ctor @g/-pr imyoµe aetj11g µnqef th.esqpervjsjcm of Con)taqtor 't(), �lly pi!):!lQO; partµership, epmpiny, c9i:pprati9p, Qf, ,agt1ncy, w1U19µtpriprwniten .!lPPl'.QYal by the ('.!o\lnty, e:-ccept !lS Jlt'!gess�ry for th� pert1;>r(�ance P[ we serviC¢S pfthj.s C,ontrac;t. Ail press coµt11,ct.s, .. inc14dfp.g gnJPhi� !;ti.splatlnfprmali()n tp b.e pqblished innewspapers,.magazines •. etc.�.arn to• be adroip.illtered only afterCQ.ruttY 11,pprov.al. ts. Ertprs and ()pdsstons: . All. report�; files. and .ot�er.di,eume�ts prepared and $�bll1itted. byContractor shall be �on1Rlete. and . shall . be carefllllY checke(I, by. the prof e�sfonal(s) ide�dfi�d . by CQntJ;actor as Project Mana�ct and key personnel a«ache� l1etcto, prior to submission to the Corutty. Contractbr agrees that County review is discretionai-y and Contractor shall not assume that the CoU11ty ,vin discfrver errors arid/or omissioris. If the Cotuity discovers any errors or Omissiohs priorto approvirig;Coritracfor's repprts, files and other written documents, the .reports. files or docuinerits win be returned to Contractor for correcHon, Shoutd the County or others discqver errors or omissiohs in the repprts, files or pther written do9U([!Cnts sµllmittecl 1:>y the Contractpr .after Cpunty approval th�reof, County approval of Contractor's report;s, files pr docµments sllall not be used as a clefense by Contractor in any action betwe_en the Cowtty and Cont,r11ctor" �d the reports, files Qr documents will be returned to Contractor for correction, 16.News/lQ(Qrmation Release: The Contractor agreestbati� will not issue any news releases ormake any·contactwith the media in COllllCCtion With either the award ofthis Gontract.or.a:nrsub.sequent amendment of; or effo.rt under this·Contract, Contractors n1ust first obtain review andapproval ofsaidnews media contact from the County thfaugh the {;ouno/ DPA. An:y r�qtiestsforinterviews or information received by the media should be ref erred directly to the County.Contractors are n6t authorized fo serve as a 1nedia spokespersoris for County projects without firstobtaining.permission from the CoUnty� Page /Oof 19 4.2.b Packet Pg. 43 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 44 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 45 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 46 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 47 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 48 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 49 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 50 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 51 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 52 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 53 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) 4.2.b Packet Pg. 54 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n : A g r e e m e n t w i t h P r o c u r e A m e r i c a ( P r o c u r e A m e r i c a C o n t r a c t A p p r o v a l ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Payment Issuance Report and Electronic Funds Transfers Prepared by: Veronica Briggs, Senior Finance Technician EXECUTIVE SUMMARY: The City Council will receive a listing of payments issued from March 1, 2020 - March 31, 2020 totaling $12,027,791.55. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: SUMMARY OF PAYMENTS ISSUED March 1, 2020 through March 31, 2020 Total Number of Payments: 427 Total Amount of Payments: $12,027,791.55 DESCRIPTION: The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning March 1, 2020 through March 31, 2020. This report is provided in accordance with the policy adopted November 15, 2011 in Resolution No.189 -11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures. The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an audited comprehensive annual financial report. 4.3 Packet Pg. 55 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Payment Issuance Report for March 2020 4.3 Packet Pg. 56 Print Date: 04/06/2020 City of Dublin Page 1 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/02/2020 4 PAWS GOOSE CONTROL, INC 1,000.00 GEESE CONTROL SERVICES JAN 2020 03/02/2020 4LEAF INC. 106,770.50 BUILDING INSPECTION/PLAN CHECK SERVICES 03/02/2020 ADVANCED MOBILITY GROUP 4,650.00 TRAFFIC SIGNAL SYSTEMS MAINT & SUPPORT 11,068.32 TRAFFIC SIGNAL SYSTEMS SUPPORT Check Total: 15,718.32 03/02/2020 AKHTAR, AHMED 178.00 REC CLASS REFUND 03/02/2020 ALAMEDA COUNTY ENVIRONMENTAL 1,370.00 CORP YARD HAZMAT FILING FEES 03/02/2020 ALAMEDA COUNTY INFO TECH DEPT 2,400.00 GIS IMAGERY FOR FY18-19 03/02/2020 ALPHA OMEGA WIRELESS, INC 2,530.00 ANNUAL WIRELESS SUPPORT TO CORP YARD 03/02/2020 AMP PRINTING, INC. 555.14 BUSINESS CARDS 364.44 SENIOR CENTER PUNCH CARDS PRINTING Check Total: 919.58 03/02/2020 AMY'S ENGRAVED SIGNS & AWARDS 43.70 EMPLOYEE NAMEPLATE - JAMES 03/02/2020 ANASTASIS DBA RADIANCE SCHOOL 200.00 SPLATTER FESTIVAL PERFORMANCE 03/02/2020 APWA-AMERICAN PUBLIC WORK ASSN 2,703.75 PUBLIC WORKS ASSOC AGENCY DUES 03/02/2020 AT&T - CALNET 3 45.29 SERVICE TO 02/06/2020 1,166.53 SERVICE TO 02/12/2020 499.30 SERVICE TO 02/14/2020 Check Total: 1,711.12 03/02/2020 BATCHELDER, PHILIP 200.00 ST. PATRICK’S DAY FESTIVAL ENTERTAINMENT 03/02/2020 BAY ISLAND OFFICIAL ASSOC 6,733.00 SPORTS OFFICIATING SERVICES 03/02/2020 BKF ENGINEERS 6,650.25 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD 03/02/2020 BMC SOFTWARE, INC. 1,017.58 HELP DESK SOFTWARE ANNUAL SUPPORT 03/02/2020 BOITNOTT, MICHAEL 67.12 REIMB DOUGHERTY RD IMPROV PROJ SUPPLIES 03/02/2020 BOY SCOUTS OF AMERICA 100.00 YOUTH ADVISORY COMMITTEE MINI GRANT 03/02/2020 BSK ASSOCIATES INC. 3,309.00 CONSTRUCTION INSPECT-IMAGINE PLAYGROUND 03/02/2020 CALATLANTIC GROUP, INC. 1,689,706.00 REFUND DUBLIN CROSSING TRANSPORT FEE PAID 03/02/2020 CALIFORNIA BANK OF COMMERCE 29,033.85 RETENTION DEPOSIT-PUBLIC SAFETY COMPLEX 03/02/2020 CALIFORNIA WATER ENVIRONMENT 192.00 CA WATER ENVIRONMENT ASSN DUES-YOUNG 03/02/2020 CDW GOVERNMENT INC 49,373.22 PSC NETWORK SWITCHES/SONICWALL SECURITY 03/02/2020 CHARGE POINT, INC. 3,992.00 REPLACE EV CHARGING STATIONS 03/02/2020 CITIES GROUP, THE 1,708.33 WORKERS COMP/SAFETY COMPLIANCE ASSESS. 03/02/2020 COMMUNITY RESOURCES FOR 230.85 COMMUNITY SUPPORT GRANT DEC 2019 03/02/2020 CONTRACT SWEEPING SERVICES 20,264.86 STREET SWEEPING SERVICES DEC 2019 17,435.44 STREET SWEEPING SERVICES FEB 2020 Check Total: 37,700.30 03/02/2020 DAHLIN GROUP INC 2,396.00 AQUATIC COMPLEX ARCHITECTURAL DESIGN SVC 03/02/2020 D'AMORE'S OF DUBLIN 47,063.00 SMALL BUSINESS ASSISTANCE GRANT REIMB 03/02/2020 DARLING INGREDIENTS INC. 779.42 GREASE TRAP SERVICE-FIRE STATIONS 17 & 18 03/02/2020 DEAM, VALERIE 500.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT 03/02/2020 DEPARTMENT OF JUSTICE 160.00 FINGERPRINTING SERVICES JAN 2020 03/02/2020 DUBLIN HIGH SCHOOL P.A.T.C.H. 340.00 YOUTH ADVISORY COMMITTEE MINI GRANT 03/02/2020 DUBLIN HIGH SCHOOL PFSO 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/02/2020 DUBLIN INTEGRITY IN ACTION 500.00 EVENT SPONSORSHIP AND TEAM PARTICIPATION 03/02/2020 DUBLIN UNIFIED SCHOOL DISTRICT 911.65 STAGER GYM ELECTRIC 12/12/2019 - 1/12/2020 3,326.02 STAGER GYM FLOOR MAINTENANCE 194.15 STAGER GYM WATER USAGE 12/1/2019 – 1/31/2020 Check Total: 4,431.82 03/02/2020 DUDE SOLUTIONS INC. 24,977.40 TOTAL COST OF OWNERSHIP PROJECT 03/02/2020 EMPOWER MARTIAL ARTS 76.30 REC CLASS INSTRUCTOR 4.3.a Packet Pg. 57 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 2 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/02/2020 FEDEX 49.10 EXPRESS SHIPPING 03/02/2020 FRANCHISE TAX BOARD 175.00 WAGE ASSIGNMENT: PE 2/14/20 03/02/2020 GARRY, TIMOTHY 2,500.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT 03/02/2020 GATES & ASSOCIATES, INC., DAVID L. 7,275.44 DESIGN SERVICES-DSG ALL ABILITIES PLAYGRND 03/02/2020 GENIUS KIDS DUBLIN ECLIPSE 250.00 LIBRARY RENTAL DEPOSIT REFUND 03/02/2020 GEOSYNTEC CONSULTANTS, INC. 7,078.42 GREEN INFRASTRUCT/STRMWTR RESOURCE PLAN 03/02/2020 GIRI, BIMESH 250.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/02/2020 GLADWELL GOVERNMENTAL SVCS INC 1,638.06 RECORDS MANAGEMENT ASSISTANCE 03/02/2020 GOLDEN BOUGH INC 1,500.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT 03/02/2020 GORDON HUETHER + PARTNERS, INC 70,000.00 PUBLIC ART FOR PUBLIC SAFETY COMPLEX 03/02/2020 GROUP 4 ARCHITECTURE, 35,409.54 CULTURAL ARTS CENTER DESIGN/CONSTRUCTION 03/02/2020 HERNANDEZ, MELISSA 210.56 MILEAGE REIMBURSEMENT 2018 222.26 MILEAGE REIMBURSEMENT 2019 Check Total: 432.82 03/02/2020 IRISH HERALD, THE 1,600.00 ST. PATRICK'S FESTIVAL ADVERTISING 03/02/2020 KIM, SAMMY 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/02/2020 LOEWKE PLANNING ASSOCIATES 3,450.00 PLAN CHECK & INSPECTION SERVICES JAN 2020 03/02/2020 LOGOBOSS 725.41 VOLUNTEER RECOGNITION EVENT SUPPLIES 03/02/2020 MCE CORPORATION 533,964.83 BUILDING MAINTENANCE JAN 2020 03/02/2020 OFFICE TEAM 2,495.73 TEMPORARY CLERICAL SUPPORT-RECORDS 1,446.80 TEMPORARY OFFICE STAFF-MUTHER Check Total: 3,942.53 03/02/2020 ONE WORKPLACE L. FERRARI LLC 340.99 OFFICE EQUIPMENT-ADMIN SERVICES DEPT 03/02/2020 PACIFIC FITNESS PRODUCTS LLC 57,761.79 GYM EQUIPMENT FOR PUBLIC SAFETY COMPLEX 03/02/2020 PAKPOUR CONSULTING GROUP, INC. 2,533.00 EASTERN DUBLIN TIF UPDATE DEC 2019 4,125.00 EASTERN DUBLIN TIF UPDATE JAN 2020 1,500.00 ENGINEERING SERVICES DEC 2019 3,225.00 ENGINEERING SERVICES JAN 2020 1,097.00 SAFE ROUTES TO SCHOOL IMPROVEMENT PROJ Check Total: 12,480.00 03/02/2020 PG&E 24,346.20 SERVICE TO 02/05/2020 4,452.38 SERVICE TO 02/06/2020 252.26 SERVICE TO 02/07/2020 101.12 SERVICE TO 02/10/2020 3,608.78 SERVICE TO 02/11/2020 431.38 SERVICE TO 02/12/2020 Check Total: 33,192.12 03/02/2020 PG&E CFM/PPC DEPARTMENT 45,677.43 PG&E CONNECT-DON BIDDLE COMMUNITY PARK 03/02/2020 PIZZA GUYS 152.00 THE WAVE BIRTHDAY PARTY PACKAGE SUPPLIES 03/02/2020 QUARRY LANE-ENVIRONMENTAL CLUB 400.00 YOUTH ADVISORY COMMITTEE MINI GRANT 03/02/2020 REGISTER, INGRID 500.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT 03/02/2020 REVEL ENVIRONMENTAL MFG INC. 6,384.00 TRASH CAPTURE DEVICE MAINTENANCE SERVICE 03/02/2020 RINCON CONSULTANTS, INC. 4,253.75 DEVELOPMENT OF CLIMATE ACTION PLAN 2.0 03/02/2020 ROTH STAFFING COMPANIES, L.P. 922.36 TEMPORARY ASSISTANCE- FINANCE DIVISION 03/02/2020 SAUSAL CORPORATION 553,543.14 PUBLIC SAFETY COMPLEX CONSTRUCTION 03/02/2020 SCHOOL OF IMAGINATION 2,308.00 REFUND BUILDING PERMIT FEE 03/02/2020 SDI PRESENCE, LLC. 1,253.00 ENTERPRISE RESOURCE PLNG SELECTION ASSIST 03/02/2020 SELECT IMAGING 1,519.11 VOLUNTEER RECOGNITION EVENT PRINTING 03/02/2020 SHUMS CODA ASSOCIATES INC 11,700.00 PLAN CHECK SERVICES JAN 2020 4.3.a Packet Pg. 58 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 3 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/02/2020 SORBYE, LIEF 4,000.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT 03/02/2020 STAGES UNLIMITED 3,090.00 ST. PATRICK’S DAY PARADE BLEACHER RENTAL 03/02/2020 TEENS UNITE FOR EDUCATION 200.00 YOUTH ADVISORY COMMITTEE MINI GRANT 03/02/2020 TERRYBERRY 292.93 EMPLOYEE SERVICE AWARDS 03/02/2020 TPX COMMUNICATIONS 2,587.04 INTERNET & PHONE SVCS TO 02/08/2020 2,761.38 INTERNET & PHONE SVCS TO 03/08/2020 Check Total: 5,348.42 03/02/2020 TRB AND ASSOCIATES, INC. 4,455.00 PLAN CHECK SERVICES JAN 2020 03/02/2020 TREASURER ALAMEDA COUNTY 144,485.11 TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE 03/02/2020 TRI-VALLEY COMMUNITY TV 1,139.16 DVD RECORDER FOR COUNCIL CHAMBERS 03/02/2020 TRI-VALLEY JANITORIAL INC. 1,702.26 EXTRA JANITORIAL SERVICES JAN 2020 20,631.45 JANITORIAL SERVICES FEB 2020 2,195.00 JANITORIAL SERVICES PUBLIC SAFETY COMPLEX 4,060.89 JANITORIAL SUPPLIES JAN 2020 Check Total: 28,589.60 03/02/2020 U S BANK ST. PAUL 1,605,542.09 SPECIAL TAX REVENUE COLLECTED CFD 2015-1 03/02/2020 U.S. DEPT. OF EDUCATION AWG 449.93 WAGE GARNISHMENT: PE 2/14/20 03/02/2020 U.S. POSTAL SERVICE 240.00 BUSINESS REPLY MAIL PERMIT 03/02/2020 WANZENRIED, NICKI 25.99 MILEAGE REIMBURSEMENT JAN 2020 03/02/2020 WC3-WEST COAST CODE CONSULTANT 30,375.00 PLAN CHECK SERVICES JAN 2020 03/02/2020 ZOO STATION ENTERTAINMENT 2,500.00 ST. PATRICK'S DAY FESTIVAL ENTERTAINMENT Payments Issued 3/2/2020 Total: 5,281,644.48 03/03/2020 AMP PRINTING, INC. 728.86 PRINTING SERVICES-THE WAVE SWIM CARDS Payments Issued 3/3/2020 Total: 728.86 03/06/2020 CAL PERS 77,993.05 PERS RETIREMENT PLAN: PE 2/28/20 03/06/2020 EMPLOYMENT DEVELOPMENT DEPT 18,482.37 CA STATE WITHHOLDING: PE 2/28/20 03/06/2020 I C M A 401 PLAN 2,072.76 DEFERRED COMP 401A: PE 2/28/20 03/06/2020 I C M A 457 PLAN 23,876.42 DEFERRED COMP 457: PE 2/28/20 03/06/2020 INTERNAL REVENUE SERVICE 57,726.39 FEDERAL WITHHOLDING: PE 2/28/20 03/06/2020 U.S. BANK CORPORATE PMT SYSTEM 212.08 2020 CA DISABLED ACCESSIBILITY GUIDEBOOKS 710.96 CA PARKS & REC CONF REG & EXP-ELLIOTT 485.00 CITY CLERKS ASSOC CONFERENCE REG-DIAZ 31.77 COMMUNITY WORKSHOP SUPPLIES 2,138.31 COMPUTER EQUIP, NETWORK CABLES FOR PSC 511.00 EMPLOYMENT ADS AND W-4 WEBINAR-A. SMITH 834.76 ERGONOMIC EQUIPMENT AND OFFICE SUPPLIES 1,594.32 ERGONOMIC EQUIPMENT AND OFFICE SUPPLIES 209.35 GREEN CITIES CA MEETING EXP-PARNES/YOUNG 243.02 HERITAGE CENTER AND MUSEUM SUPPLIES 115.35 INNOV TRI-VALLEY EVENT REG-WETHERFORD 1,411.55 IPMA-HR CONF REG-CLEVENGER, PD SUPPLIES 214.99 MICROSOFT OFFICE LICENSES 665.00 NATIONAL LEAGUE OF CITIES CONF REG-GOEL 2,921.81 LEAGUE OF CITIES CONF EXP-JOSEY/KUMAGAI 3,348.62 VOLUNTEER REC EVENT/COMM PROMO SUPPLIES 1,441.83 OFFICE SUPPLIES, PARKS/REC CONF REG-WEBER 4.3.a Packet Pg. 59 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 4 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 628.56 OFFICE SUPPLIES & CAFR AWARD APPLICATION 105.59 OFFICE SUPPLIES & CITY CLERKS ASN DUES-SOTO 3,100.35 PLNG COMMISSIONERS CONF REG-4 ATTENDEES 203.37 POLICE INVESTIGATIONS SUPPLIES 2,191.45 POLICE PURSUIT PREVENTION DEVICES 632.69 POLICE SUPPLIES 293.07 PRESCHOOL SUPPLIES 316.34 PRINTING OF SOCIAL MEDIA & PARKS POSTCARDS 1,027.73 PUBLIC SAFETY COMPLEX SUPPLIES 30.00 PUBLIC WORKS ASSN TRAINING-MC DONALD 1,804.56 PW OFFICERS CONF REG/EXP-RUSSELL/SUCGANG 390.84 RADIO CONVERSION KITS FOR PD VEHICLES 1,256.80 RECREATION SUPPLIES 312.88 SENIOR CENTER SUPPLIES 57.86 SPONSOR RECOGNITION SUPPLIES 12.00 STOPWASTE MEETING EXPENSE-HERNANDEZ 60.00 SUBDIV MAP ACT/PAVEMENTS SEMINAR-SUCGANG 236.95 THE WAVE SUPPLIES 45.00 TRANSPORTATION COMMISSION MTG EXP-KHAN 1,950.20 U.S. CONF OF MAYORS EXPENSE-HAUBERT Check Total: 30,664.34 03/06/2020 US BANK - PARS 2,206.42 PARS: PE 2/28/20 03/06/2020 WAGEWORKS, INC. 4,771.73 WAGEWORKS: PE 2/28/20 Payments Issued 3/6/2020 Total: 217,793.48 03/09/2020 CALPERS 31,387.71 CALPERS ARREARS CONTRIBUTIONS 03/09/2020 NEOPOST USA INC 2,000.00 REPLENISH POSTAGE MACHINE Payments Issued 3/9/2020 Total: 33,387.71 03/11/2020 4LEAF INC. 2,604.00 BUILDING INSPECTIONS SERVICES-CIP 03/11/2020 AIGNER, MOLLY 1,000.00 PAINTED ADIRONDACK CHAIRS FOR ART DISPLAY 03/11/2020 ALAMEDA COUNTY ENVIRONMENTAL 3,564.00 HEALTH PERMITS FOR THE WAVE POOLS 03/11/2020 AMERICAN ASPHALT REPAIR & 72,593.16 RETENTION RELEASE 2019 SLURRY SEAL PROJ 03/11/2020 APEX GRADING 2,706.00 FALLON VILLAGE GHAD MAINTENANCE 03/11/2020 ARAMARK UNIFORM SVC LOCKBOX 704.08 MAT SERVICE CIVIC CENTER 345.59 MAT SERVICE CORP YARD 377.51 MAT SERVICE SENIOR CENTER 1,605.11 MAT SERVICE SHANNON CENTER 42.91 MAT SERVICES SHANNON CENTER Check Total: 3,075.20 03/11/2020 BALLARD, MITCH 600.00 SOUND SERVICES FOR PSC GRAND OPENING 03/11/2020 BELLECCI & ASSOCIATES, INC. 3,758.54 DESIGN SUPPORT FOR DUBLIN BLVD WIDENING 03/11/2020 BENKO, MICKEY 2,316.20 REKEY EVIDENCE AREA-PUBLIC SAFETY COMPLEX 392.07 KEY ROLLING DOORS-PUBLIC SAFETY COMPLEX Check Total: 2,708.27 03/11/2020 BSK ASSOCIATES INC. 300.00 GEOTECHNICAL SERVICES-CLOVER PARK 03/11/2020 CAL ENGINEERING & GEOLOGY INC 235.00 PEER REVIEW/PLAN CHECK-DON BIDDLE PARK 4.3.a Packet Pg. 60 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 5 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/11/2020 COIT SERVICES, INC. 1,083.00 CARPET CLEANING SERVICES-CIVIC CENTER 03/11/2020 COLIN SELIG SCULPTURE LLC. 9,925.00 CLOVER PARK PUBLIC ART PROJECT 03/11/2020 CONSOLIDATED ENGINEERING 15,070.13 INSPECTION SERVICES-PUBLIC SAFETY COMPLEX 03/11/2020 ECOLAB, INC. 398.98 SENIOR CENTER SUPPLIES 03/11/2020 EMPOWER MARTIAL ARTS 76.30 REC CLASS INSTRUCTOR 03/11/2020 EVERPRO KIDS 357.00 REC CLASS INSTRUCTOR 03/11/2020 FASTENAL COMPANY 126.89 HARDWARE FOR TVS-PUBLIC SAFETY COMPLEX 03/11/2020 FASTSIGNS 1,603.24 PUBLIC SAFETY COMPLEX DEDICATION PLAQUE 165.69 PUBLIC SAFETY COMPLEX SIGNAGE Check Total: 1,768.93 03/11/2020 FRANCHISE TAX BOARD 600.72 WAGE ASSIGNMENT: PE 2/28/20 03/11/2020 GATES & ASSOCIATES, INC., DAVID L. 1,075.00 PLAN REVIEW DON BIDDLE COMMUNITY PARK 03/11/2020 GLUMAC 2,844.25 COMMISSIONING AGENT SERVICES FOR PSC PROJ 03/11/2020 GREENPLAY, LLC. 1,780.10 PARKS & RECREATION MASTER PLAN UPDATE 03/11/2020 IMAGE SALES, INC. 83.16 TONER FOR ID BADGE MACHINE 03/11/2020 INDIGO/HAMMOND + PLAYLE 16,409.37 ARCHITECTURAL DESIGN-POLICE BLDG RENOV 03/11/2020 JAM SERVICES INC 365.99 TRAFFIC SIGNAL EQUIPMENT 03/11/2020 JOHNSON CONTROLS SECURITY 426.44 FIRE ALARM MONITORING SVCS-CIVIC CENTER 834.42 FIRE ALARM MONITORING SVCS-PSC Check Total: 1,260.86 03/11/2020 KNORR SYSTEMS, INC. 5,786.70 POOL CHEMICALS FOR THE WAVE 03/11/2020 LPA, INC. 54,915.46 DESIGN SVCS-CIVIC CNTR HVAC/ROOF RPLCMNT 03/11/2020 MCE CORPORATION 23,457.02 SUNWOOD CONCRETE RESTORATION 35,796.00 VOMAC RD CURB & GUTTER Check Total: 59,253.02 03/11/2020 MEIN, STEPHANIE 29.79 MILEAGE REIMBURSEMENT JAN 2020 03/11/2020 MEYERS NAVE 369.00 LEGAL SERVICES ASSESSMENT DISTRICTS 50,068.93 LEGAL SERVICES DEC 2019 Check Total: 50,437.93 03/11/2020 MINUTEMAN PRESS 366.23 PUBLIC HEARING NOTICE MAILING-TASSAJARA 03/11/2020 MODERN DRAPERY GROUP INC. 9,646.00 WINDOW BLINDS AT PUBLIC SAFETY COMPLEX 03/11/2020 NORTON, AMY 49.90 MILEAGE REIMBURSEMENT FEB 2020 03/11/2020 ONE WORKPLACE L. FERRARI LLC 1,195.20 PLANNING & BLDG DIV OFFICE FURNITURE 03/11/2020 PAKPOUR CONSULTING GROUP, INC. 3,363.00 2019 SLURRY SEAL PROJECT MANAGEMENT 2,925.00 PEER REVIEW/PLAN CHECK SVC-DON BIDDLE PRK Check Total: 6,288.00 03/11/2020 PURECO, NELSON 18.40 MILEAGE REIMBURSEMENT FEB 2020 03/11/2020 RASTOGI, SWATI 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/11/2020 REDGWICK CONSTRUCTION CO 127,198.35 ALAMO CREEK TRAIL REPAIRS 03/11/2020 ROTH STAFFING COMPANIES, L.P. 217.60 TEMPORARY ASSISTANCE- FINANCE DIVISION 03/11/2020 SHARP BUSINESS SYSTEMS 99,530.95 VIDEO WALL FOR EOC AT PUBLIC SAFETY COMP 03/11/2020 SPECIAL EVENTS 562.99 EQUIP RENTAL-PUBLIC SAFETY COMP OPENING 03/11/2020 STEFANSKI, JOHN 204.25 MILEAGE REIMBURSEMENT FEB 2020 03/11/2020 SWINERTON MANAGEMENT 3,740.00 CIVIC CENTER HVAC EVALUATION 2,380.00 CONSTRUCTION MGMT DUBLIN BLVD WIDENING 9,145.00 CONSTRUCTION MGMT/INSPECTION FF&E AT PSC 15,699.00 MANAGE TEMP RELOCATION ALAMEDA CO FIRE Check Total: 30,964.00 03/11/2020 TELLART, LLC. 15,000.00 DOUGHERTY HILLS DOG PARK PUBLIC ART 03/11/2020 TERRYBERRY 395.70 EMPLOYEE RECOGNITION GIFT 4.3.a Packet Pg. 61 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 6 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/11/2020 TORRES, TARALYN 13.80 MILEAGE REIMBURSEMENT JAN 2020 03/11/2020 TRANSPORT PRODUCTS 13,195.22 CARGO CONTAINERS-PUBLIC SAFETY COMPLEX 03/11/2020 TRI VALLEY KOREAN AMERICAN 500.00 SENIOR CENTER RENTAL DEPOSIT REFUND 03/11/2020 U.S. DEPT. OF EDUCATION AWG 449.93 WAGE GARNISHMENT: PE 2/28/20 03/11/2020 VALLEY WINDOW CLEANING INC 8,325.00 WINDOW CLEANING-PUBLIC SAFETY COMPLEX 03/11/2020 VASUDEVAN, PRIYA 984.00 REC CLASS INSTRUCTOR 03/11/2020 VINLAND GRAFTON INVESTMENT LLC 1,040.00 PERMIT FEE REFUND 03/11/2020 WAGEWORKS, INC. 533.00 FLEXIBLE SPENDING ACCOUNT ADMIN FEES 03/11/2020 WEE HOOP, INC. 2,188.80 REC CLASS INSTRUCTOR 03/11/2020 WONG, ANNE 40.50 EDUCATION REIMBURSEMENT 03/11/2020 ZUMWALT ENGINEERING GROUP 1,462.00 PROJECT MGMT SVCS-DON BIDDLE COMM PARK Payments Issued 3/11/2020 Total: 638,162.57 03/16/2020 4LEAF INC. 87,776.00 BUILDING INSPECTION/PLAN CHECK SVCS 03/16/2020 A-1 ENTERPRISES 885.00 PORTABLE RSTRMS-DUBLIN SPORTS GROUNDS 03/16/2020 ADAMS SAFETY TRAINING 196.00 REC CLASS INSTRUCTOR 03/16/2020 ADVANCED INTEGRATED PEST 2,635.00 PEST CONTROL SERVICES 03/16/2020 AGRAWAL, SHWETA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 ALAMEDA COUNTY CLERK 50.00 NOTICE OF DETERMINATION CLERK FILING FEE 03/16/2020 ALAMEDA COUNTY CLERK 50.00 TASSAJARA ROAD ALIGNMENT PROJECT 03/16/2020 AMADOR VALLEY INDUSTRIES LLC 3,985.73 COMMERCIAL RECYCLING PROGRAM REIMB 03/16/2020 AMP PRINTING, INC. 454.25 COUNCIL CHAMBER PODIUM LOGOS 198.50 ST. PATRICK'S FESTIVAL BART BANNER 171.41 ST. PATRICK'S FESTIVAL POSTERS 293.13 ST. PATRICK'S FESTIVAL STREET SIGNS Check Total: 1,117.29 03/16/2020 ARAMARK UNIFORM SVC LOCKBOX 166.59 MAT SERVICE CIVIC CENTER 53.93 MAT SERVICE SENIOR CENTER 69.22 MAT SERVICE SHANNON CENTER Check Total: 289.74 03/16/2020 ARORA, AKSHAY 4,851.00 REC CLASS INSTRUCTOR 03/16/2020 ASSOCIATED ENGINEERING 19,456.00 ENGINEERING SERVICES - JAN 2020 03/16/2020 AT&T 1,328.66 PSC INTERNET/PHONE SVC - FEB 2020 93.38 SERVICE FOR TOLL FREE NUMBER- FEB 2020 Check Total: 1,422.04 03/16/2020 AT&T - CALNET 3 287.92 SERVICE TO 02/26/2020 124.69 SERVICE TO 02/27/2020 Check Total: 412.61 03/16/2020 BAY AREA NEWS GROUP 349.92 PLANNING LEGAL NOTICES FEB 2020 03/16/2020 BKF ENGINEERS 13,740.56 PRELIMINARY ENGINEERING STUDY DUBLIN BLVD 03/16/2020 BLAISDELL'S BUSINESS PRODUCTS 2,899.62 OFFICE SUPPLIES-FEB 2020 03/16/2020 BLUETOAD, INC. 390.00 DIGITAL 2020 SUMMER CAMPS & ACTIVITY GUIDE 03/16/2020 BOARDMAN, JEANNIE 314.00 RECREATION REFUND 03/16/2020 BOYLE, DUSTIN TRAVIS 500.00 FARMERS' MARKET PERFORMANCE 03/16/2020 BRINKS, INC. 195.23 ARMORED CAR SERVICE MAR 2020 03/16/2020 CDW GOVERNMENT INC 637.08 SOFTWARE LICENSE-ADOBE, MICROSOFT,SOPHOS 03/16/2020 CERRUTI, DAELYN 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 CHAN, ROSA 302.00 REC CLASS INSTRUCTOR 03/16/2020 CHANDLER ASSET MANAGEMENT 12,124.38 INVESTMENT SERVICES FEB 2020 03/16/2020 COGENT COMMUNICATIONS, INC 2,219.00 CIVIC CENTER INTERNET SERVICE MAR 2020 4.3.a Packet Pg. 62 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 7 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/16/2020 COMCAST 2,300.00 CIVIC CENTER/FIRE STATION INTERNET MAR 2020 03/16/2020 COMCAST 1,442.57 INTERNET/CABLE SVCS VARIOUS CITY DEPTS 03/16/2020 CONSOLIDATED ENGINEERING 2,691.70 PUBLIC SAFETY PUBLIC ART INSPECTIONS 03/16/2020 COUNTY OF ALAMEDA 18.00 ASSESSOR MAP UPDATES - JAN 2020 03/16/2020 DENALECT ALARM COMPANY 336.00 QUARTERLY ALARM CHARGE FIRE STATION 18 03/16/2020 DESAI, CHINAR 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 DIABLO PUBLICATIONS 2,795.00 ADVERTISING FOR ST. PATRICK'S DAY FESTIVAL 03/16/2020 DSRSD 987.09 SERVICE TO 2/29/2020 03/16/2020 DU-ALL SAFETY, LLC 2,247.50 SAFETY CONSULTING & INSPECTION SERVICES 03/16/2020 DUBLIN HIGH SCHOOL BOOK CLUB 160.00 YOUTH MINI GRANT 2020 03/16/2020 DUBLIN LITTLE LEAGUE 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 DUBLIN UNIFIED SCHOOL DISTRICT 1,046.64 STAGER GYM ELECTRIC 1/31/2020 - 2/11/2020 588.27 STAGER GYM SPURR GAS 12/4/2019 - 1/31/2020 Check Total: 1,634.91 03/16/2020 EARL ANTHONYS DUBLIN BOWL INC 1,000.00 2020 PRO BOWLERS ASSN TOUR SPONSORSHIP 03/16/2020 EAST BAY POOL SERVICE, INC. 8,620.00 POOL MAINTENANCE SERVICES AT THE WAVE 03/16/2020 EAST BAY REGIONAL PARK DIST 36,917.08 MAINT TASSAJARA CREEK/ALAMO CANAL TRAILS 03/16/2020 ECOLAB, INC. 821.82 SENIOR CENTER SUPPLIES 03/16/2020 EDGE GYMNASTICS TRAINING CTR. 277.20 REC CLASS INSTRUCTOR 03/16/2020 EMPOWER MARTIAL ARTS 152.60 REC CLASS INSTRUCTOR 03/16/2020 ENGIE SERVICES U.S. INC. 31,020.00 SOLAR PANEL MAINTENANCE YR 7 03/16/2020 ENVIRONMENTAL LOGISTICS, INC. 1,590.00 ENVIRONMENTAL SPILL RESPONSE SERVICES 03/16/2020 EVERPRO KIDS 153.00 REC CLASS INSTRUCTOR 03/16/2020 EVERYTHING GROWS INTERIOR 198.55 PLANT SERVICE MAR 2020 03/16/2020 GATES & ASSOCIATES, INC., DAVID L. 2,515.87 DESIGN SERVICES-DSG ALL ABILITIES PLAYGR 03/16/2020 GEOSYNTEC CONSULTANTS, INC. 7,023.06 GREEN INFRASTR/STRMWTR RESOURCE PLAN 03/16/2020 GIANATIEMPO, COLLEEN 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 GIANCOLA, ANNE 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 GIANG, MAY YIN 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 GLADWELL GOVERNMENTAL SVCS INC 1,669.62 RECORDS MANAGEMENT ASSISTANCE 03/16/2020 GOLDEN BAY CONSTRUCTION, INC. 13,868.95 PED IMPROV AVB/STAGECOACH/WILDWOOD 03/16/2020 HARRELL HARRIS PHOTOGRAPHY 900.00 PHOTOGRAPHY SERVICES PSC GRAND OPENING 03/16/2020 HOLMES, SHEILA M. 301.20 REC CLASS INSTRUCTOR 03/16/2020 HOODYE, KHALIF 206.02 REIMB ADV ROADSIDE IMPAIRMENT TRNG EXP 03/16/2020 IBS USA INC. 84,297.30 REPLACE MAPE MEMORIAL PARK PLAY EQUIP 03/16/2020 JOCHNER, RICH 13.40 MILEAGE REIMBURSEMENT FEB 2020 03/16/2020 KIER & WRIGHT CIVIL ENGINEERS 2,409.50 ENGINEERING SERVICES JAN 2020 03/16/2020 KIMLEY-HORN AND ASSOC. INC. 7,535.00 ENGINEERING SERVICES JAN 2020 03/16/2020 KINDERMUSIK W/ MS LINDSAY & 1,944.00 REC CLASS INSTRUCTOR 03/16/2020 KLUBER ASSOCIATES, INC 2,151.75 LANDSCAPE PLAN CHECK & INSPECTION SVCS 03/16/2020 LALLIAN, SALVIN 300.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 LANGUAGE LINE SERVICES 38.50 LANGUAGE LINE SERVICES FEB 2020 350.56 LANGUAGE LINE SERVICES JAN 2020 Check Total: 389.06 03/16/2020 LANLOGIC INC. 1,050.00 MALWARE SOFTWARE MONITORING FEB 2020 425.00 NETWORK MONITORING SERVICES FEB 2020 43.50 PUBLIC SAFETY BUILDING PROJECT FEB 2020 2,453.95 WIRELESS ACCESS POINTS-PSC Check Total: 3,972.45 03/16/2020 LEAGUE OF CALIFORNIA CITIES 100.00 EAST BAY DIVISION MEETING-KUMAGAI/JOSEY 4.3.a Packet Pg. 63 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 8 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/16/2020 LOGOBOSS 420.33 VOLUNTEER RECOGNITION PLAQUES 03/16/2020 LONG, LISA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 LOWDERMILK, VERA GORDEEV 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 MERCADO, JAONY 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 MGT OF AMERICA CONSULTING, LLC 1,150.00 SB90 CLAIMS PROCESSING 03/16/2020 MINUTEMAN PRESS 110.89 LEED POSTER FOR PUBLIC SAFETY COMPLEX 03/16/2020 MONKEY BEAR YOGA, INC. 140.00 PRESCHOOL FIELD TRIP 03/16/2020 MORBO, ANGELA 90.00 REIMBURSE FOR OFFICE SUPPLIES 03/16/2020 MULEY, THERESA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 NICKLES, BRITTANY 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 NORCAL MUNI HR MGRS GROUP 200.00 NORCAL HR SPRING 2020 CONF REG - CARTER 03/16/2020 OFFICE TEAM 1,446.80 TEMPORARY CLERICAL SUPPORT- MUTHER 3,074.45 TEMPORARY CLERICAL SUPPORT-RECORDS Check Total: 4,521.25 03/16/2020 OLBERDING ENVIRONMENTAL, INC. 2,503.30 GHAD SUPPORT CONSULTING SERVICES JAN 2020 03/16/2020 OSGOOD, JOHN 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 OUTFRONT MEDIA LLC 7,800.00 ST. PATRICK'S FESTIVAL BART ADVERTISEMENT 03/16/2020 PAKPOUR CONSULTING GROUP, INC. 900.00 EASTERN DUBLIN TIF UPDATE 2,662.50 ENGINEERING SERVICES - FEB 2020 7,155.75 ENGINEERING SERVICES - JAN 2020 900.00 SAFE ROUTES TO SCHOOL IMPROVEMENT PROJ Check Total: 11,618.25 03/16/2020 PG&E 7,582.50 SERVICE TO 01/31/2020 1,115.31 SERVICE TO 02/11/2020 6,684.61 SERVICE TO 02/13/2020 25,301.46 SERVICE TO 02/14/2020 4,789.63 SERVICE TO 02/25/2020 112.53 SERVICE TO 02/26/2020 119.32 SERVICE TO 02/27/2020 53.05 SERVICE TO 02/28/2020 2,475.22 SERVICE TO 03/01/2020 256.00 SERVICE TO 03/02/2020 Check Total: 48,489.63 03/16/2020 PLEASANTON, CITY OF 2,389.06 HUD SECTION 108 LOAN PYMNT-AXIS COMMUNITY 03/16/2020 PSOMAS 115.00 GIS PORTAL DEVELOPMENT SERVICES 03/16/2020 PUBLIC BENEFIT TECHNOLOGY 255.00 CITY COUNCIL MEETING VIDEO SVCS JAN 2020 03/16/2020 QUENCH USA, INC. 513.23 WATER FILTER SYSTEM SERVICES 03/16/2020 REDDELL, DANIEL E. 990.00 REC CLASS INSTRUCTOR 03/16/2020 RIDDLE, ALEXANDRA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 RIDE ARTS LLC. 4,900.00 SEAN DIAMOND PARK PUBLIC ART 03/16/2020 RIZVI, FIZZA 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 ROTH STAFFING COMPANIES, L.P. 95.20 TEMPORARY ASSISTANCE- FINANCE DIVISION 03/16/2020 RRM DESIGN GROUP, A CA CORP 333.75 ENGINEERING SERVICES - DEC 2019 1,498.75 ENGINEERING SERVICES - JAN 2020 2,523.75 PLAN CHECK AND INSPECTION SERVICES Check Total: 4,356.25 03/16/2020 SAN LEANDRO, CITY OF 4,262.00 ALAMEDA CO MAYORS' CONF DUES-HAUBERT 03/16/2020 SELECT IMAGING 47.09 OFFICE SUPPLIES 03/16/2020 SESAC, INC. 932.79 ANNUAL MUSIC LICENSE 2020 4.3.a Packet Pg. 64 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 9 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/16/2020 SHAMROCK OFFICE SOLUTIONS, LLC 1,737.27 COPIER MAINTENANCE & COPIES MAR 2020 03/16/2020 SHUKLA, USHA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 SIMPLER SYSTEMS, INC 1,500.00 SOFTWARE LICENSING SUPPORT MAR 2020 03/16/2020 SNG & ASSOCIATES INC. 20,575.75 ENGINEERING SERVICES DEC 2019 26,834.25 ENGINEERING SERVICES JAN 2020 Check Total: 47,410.00 03/16/2020 SOLOMON MOHABBAT 246.75 FALLON SPORTS PARK RENTAL DEPOSIT REFUND 03/16/2020 SUNFLOWER HILL 2,024.00 COMMUNITY SUPPORT GRANT NOV 2019-JAN 2020 03/16/2020 SURF TO SNOW ENVIRONMENTAL 68.75 SPILL RESPONSE ASSISTANCE & MRP INSPECTION 03/16/2020 TERRYBERRY 418.07 EMPLOYEE RECOGNITION GIFTS 03/16/2020 THE ECOHERO SHOW, LLC. 2,745.00 DUBLIN SCHOOLS RECYCLING EDUC ASSEMBLIES 03/16/2020 THOMAS, VANESSA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 T-MOBILE USA, INC. 449.55 CELL PHONE SERVICES FEB 2020 03/16/2020 TREASURER ALAMEDA COUNTY 9,570.73 FUEL DEC 2019 03/16/2020 TREASURER ALAMEDA COUNTY 34,302.09 TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE 03/16/2020 TRI-VALLEY COMMUNITY TV 430.00 PHOTO EDITING FOR ADVERTISING 902.28 RECORD/TELEVISE CITY COUNCIL/ PLNG MTGS Check Total: 1,332.28 03/16/2020 TRI-VALLEY HAVEN, INC 2,449.85 COMMUNITY SUPPORT GRANT JAN 2020 03/16/2020 TRI-VALLEY JANITORIAL INC. 24,796.13 JANITORIAL SERVICES & SUPPLIES - CAMP PARKS 2,254.30 JANITORIAL SUPPLIES FEB 2020 Check Total: 27,050.43 03/16/2020 U S CONF OF MAYORS 3,489.00 U.S. CONFERENCE OF MAYORS MEMBERSHIP 2020 03/16/2020 UNITED KARATE FEDERATION OF CA 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 UNITED SITE SERVICES OF CA INC 665.32 PORTABLE TRAILER DISPOSAL SERVICES 03/16/2020 US FOODS, INC. 2,527.01 THE WAVE CONCESSION SUPPLIES 03/16/2020 VSI RISK MGMT & ERGONOMICS INC 1,910.00 ERGONOMIC EVALUATIONS 03/16/2020 WEISS, ROBIN S. 573.00 REC CLASS INSTRUCTOR 03/16/2020 WELLS MIDDLE SCHOOL 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/16/2020 YU, JESSICA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 03/16/2020 ZUMWALT ENGINEERING GROUP 7,482.00 ENGINEERING SERVICES - DEC 2019 17,042.00 ENGINEERING SERVICES - JAN 2020 473.00 PLAN REVIEW SERVICES-FALLON SPORTS PARK Check Total: 24,997.00 Payments Issued 3/16/2020 Total: 661,873.77 03/17/2020 UNUM LIFE INS CO OF AMERICA 12,096.49 LIFE AND AD&D PREMIUM - MAR 2020 Payments Issued 3/17/2020 Total: 12,096.49 03/20/2020 CAL PERS 78,284.89 PERS RETIREMENT PLAN: PE 3/13/20 03/20/2020 EMPLOYMENT DEVELOPMENT DEPT 17,990.05 CA STATE WITHHOLDING: PE 3/13/20 03/20/2020 I C M A 401 PLAN 2,072.76 DEFERRED COMP 401A: PE 3/13/20 03/20/2020 I C M A 457 PLAN 23,242.62 DEFERRED COMP 457: PE 3/13/20 03/20/2020 INTERNAL REVENUE SERVICE 56,574.16 FEDERAL WITHHOLDING: PE 3/13/20 03/20/2020 US BANK - PARS 2,502.50 PARS: PE 3/13/20 03/20/2020 WAGEWORKS, INC. 4,174.16 WAGEWORKS: PE 3/13/20 Payments Issued 3/20/2020 Total: 184,841.14 03/24/2020 4LEAF INC. 1,860.00 BUILDING INSPECTIONS SERVICES-CIP 03/24/2020 ADAMS SAFETY TRAINING 98.00 REC CLASS INSTRUCTOR 4.3.a Packet Pg. 65 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 10 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/24/2020 ADAMSON POLICE PRODUCTS 43.04 TACTICAL VEST ACCESSORIES 03/24/2020 AID EAST BAY 905.20 REFUND EMERALD GLEN PARK FIELD RENTAL 03/24/2020 ALAMEDA ALLIANCE FOR HEALTH 25.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 ALAMEDA CO SHERIFF'S OFFICE 96.58 PRINTING SERVICES – POLICE GROUP PHOTOS 221.69 PRINTING SERVICES - GRAND OPENING POSTER 54.41 PRINTING SERVICES - GROUP PHOTO 163.75 PRINTING SERVICES - PSC STATEMENT PRINTING Check Total: 536.43 03/24/2020 ALAMEDA HEALTH SYSTEM 1,327.00 MEDICAL EXAM 03/24/2020 ALL CITY MANAGEMENT SVCS INC 12,966.00 CROSSING GUARD SERVICES 1/26/20 TO 2/8/20 10,372.80 CROSSING GUARD SERVICES 2/9/20 TO 2/22/20 Check Total: 23,338.80 03/24/2020 AMP PRINTING, INC. 792.06 HERITAGE & MUSEUM EXHIBIT SUPPLIES 03/24/2020 APEX GRADING 4,500.00 FALLON VILLAGE GHAD MAINTENANCE 03/24/2020 AT&T - CALNET 3 117.97 SERVICE TO 03/01/20 45.79 SERVICE TO 03/06/20 1,166.66 SERVICE TO 03/12/20 500.75 SERVICE TO 03/14/20 Check Total: 1,831.17 03/24/2020 BANBAO 900.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/24/2020 BSK ASSOCIATES INC. 2,219.75 CONSTR INSPECTION/TESTING-IMAGINE PLYGRND 1,521.00 GEOTECHNICAL SVCS-FALLON SPORTS PARK PH3 Check Total: 3,740.75 03/24/2020 CAL ENGINEERING & GEOLOGY INC 822.50 PEER REVIEW/PLN CHECK SVC-DON BIDDLE PARK 03/24/2020 CAL PERS 500.00 CALPERS ARREARS ADMINISTRATION FEE 03/24/2020 CINTAS CORP 42.92 FIRST AID KIT SUPPLIES 03/24/2020 CREATIVE PRODUCT SOURCING, INC 561.86 CRIME PREVENTION PROMOTIONAL SUPPLIES 03/24/2020 CSI FORENSIC SUPPLY 565.53 EVIDENCE SUPPLIES 03/24/2020 DEAF COUNSELING ADVOCACY 3,558.57 COMMUNITY SUPPORT GRANT OCT 2019-FEB 2020 03/24/2020 DUBLIN CYCLERY 329.72 POLICE BICYCLE MAINTENANCE 03/24/2020 ENTERPRISE RENT A CAR 1,714.95 VEHICLE RENTAL-SPECIAL INVESTIGATIONS UNIT 03/24/2020 FASTENAL COMPANY 22.37 HARDWARE FOR MOUNTING EQUIP AT PSC 03/24/2020 FIELDS, ANNA 28.00 REFUND FOR EGGSTRAVAGANZA 03/24/2020 FRANCHISE TAX BOARD 175.00 WAGE ASSIGNMENT: PE 3/13/20 03/24/2020 FUNNEL CAKES AND MORE 650.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 GRAYBAR ELECTRIC 2,676.66 EQUIPMENT FOR PUBLIC SAFETY COMPLEX 03/24/2020 GREAT DESTINATIONS 2,000.00 REFUND ST. PATRICK'S FESTIVAL SPONSORSHIP 03/24/2020 GROUP 4 ARCHITECTURE, 25,356.56 CULTURAL ARTS CENTER DESIGN/CONSTRUCTION 03/24/2020 HAAG, JERRY P 1,000.00 CEQA DOCS TASSAJARA PRECISE PLAN 03/24/2020 HALO BRANDED SOLUTIONS 313.74 CRIME PREVENTION PROMOTIONAL SUPPLIES 197.61 CRIME PREVENTION TABLE COVER Check Total: 511.35 03/24/2020 HEATHER GLEN DESIGNS 550.00 ST. PATRICKS FESTIVAL VENDOR REFUND 03/24/2020 HUTSLAR, MIKE 800.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 INDEPENDENT, THE 650.00 ST. PATRICK’S FESTIVAL NEWSPAPER ADS 03/24/2020 INDIGO/HAMMOND + PLAYLE 13,535.88 ARCHITECTURAL DESIGN-POLICE BLDG RENOV 03/24/2020 INTERNATIONAL CODE COUNCIL INC 180.92 BUILDING CODE BOOKS & PUBLICATIONS 03/24/2020 IRON MOUNTAIN 360.81 POLICE RECORDS STORAGE - MAR 2020 03/24/2020 KNIGHTS OF COLUMBUS 650.00 ST. PATRICKS FESTIVAL VENDOR REFUND 03/24/2020 LEE, SOPHIA 1,000.00 PAINTED ADIRONDACK CHAIR FOR ART DISPLAY 4.3.a Packet Pg. 66 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 11 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/24/2020 LIBERTARIAN PARTY ALAMEDA CTY 25.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 LIVERMORE HARLEY DAVIDSON 24,296.52 2020 HARLEY-DAVIDSON POLICE MOTORCYCLE 03/24/2020 MACKAY & SOMPS CIVIL ENGINEERS 15,848.25 CONSULTING SVCS-TASSAJARA RD REALIGNMENT 03/24/2020 METRO MOBILE COMMUNICATIONS 4,236.63 POLICE MOTORCYCLE HELMETS 03/24/2020 MINUTEMAN PRESS 65.55 PUBLIC SAFETY OPENING SIGNAGES 03/24/2020 NOLKHA, VIDITA 14.00 REFUND FOR EGGSTRAVAGANZA 03/24/2020 PAKPOUR CONSULTING GROUP, INC. 750.00 PEER REVIEW/PLAN CHECK-DON BIDDLE PARK 03/24/2020 PELLA DOORS AND WINDOWS 2,000.00 REFUND ST. PATRICK'S FESTIVAL SPONSORSHIP 03/24/2020 PG&E 12.19 SERVICE TO 03/02/20 03/24/2020 PGADESIGN INC. 353.06 LANDSCAPE ARCHITECTURE MAPE PARK 03/24/2020 PHILLIPS, TYLER 26.45 MILEAGE REIMBURSEMENT FEB 2020 03/24/2020 PHOENIX GROUP INFO SYS. 623.25 PARKING CITATION PROCESSING JAN 2020 03/24/2020 PIZZA GUYS 180.00 THE WAVE BIRTHDAY PARTY PACKAGE SUPPLIES 03/24/2020 PLAN JPA 2,379.33 GENERAL LIABILITY CLAIMS FEB 2020 03/24/2020 POT-O-GOLD KETTLE CORN 200.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 PRESLEY, MARIA 390.00 EMERALD GLEN PARK RENTAL REFUND 03/24/2020 REDWOOD TOXICOLOGY LAB. INC. 1,386.00 FORENSIC DRUG & ALCOHOL EXAMS 03/24/2020 RENEWAL BY ANDERSON 2,000.00 ST. PATRICK’S FESTIVAL SPONSORSHIP REFUND 03/24/2020 ROTH STAFFING COMPANIES, L.P. 122.40 TEMPORARY ASSISTANCE- FINANCE DIVISION 03/24/2020 S & J ADVERTISING INC 549.00 ST. PATRICK'S FESTIVAL ADVERTISING 03/24/2020 SAM THATTE VISUAL COMMUNICATIO 3,800.00 STATE OF THE CITY PRESENTATION SERVICES 03/24/2020 SAN LEANDRO, CITY OF 4,262.00 ALAMEDA CO MAYORS' CONF DUES 2020-HAUBERT 03/24/2020 SELECT IMAGING 47.09 EMPLOYEE NAME BADGES-FABRIGAS 03/24/2020 SPECTRUM COMMUNITY SVCS INC. 978.96 COMMUNITY SUPPORT GRANT FEB 2020 03/24/2020 ST. RAYMONDS SCHOOL 750.00 SHANNON CENTER RENTAL DEPOSIT REFUND 03/24/2020 SUAREZ & MUNOZ CONSTRUCTION 321,684.77 IMAGINE PLAYGROUND CONSTRUCTION PROJECT 03/24/2020 TERRYBERRY 940.38 EMPLOYEE RECOGNITION GIFTS 2019 03/24/2020 THOMSON REUTERS - WEST 137.66 2020 JUVENILE LAW BOOKS 03/24/2020 TORRES, TARALYN 10.35 MILEAGE REIMBURSEMENT FEB 2020 03/24/2020 TRB AND ASSOCIATES, INC. 15,120.00 PLAN CHECK SERVICES FEB 2020 03/24/2020 TREASURER ALAMEDA COUNTY 10,899.52 ANIMAL CONTROL FIELD SERVICES OCT-DEC 2019 3,796,608.55 DUBLIN POLICE SERVICES 10/20/19-12/28/19 44,132.42 EAST CO ANIMAL SHELTER SVCS OCT-DEC 2019 3,385.00 PARKING CITATIONS COLLECTED JAN 2020 Check Total: 3,855,025.49 03/24/2020 TRI-VALLEY JANITORIAL INC. 2,016.38 EXTRA JANITORIAL SERVICES FEB 2020 03/24/2020 U.S. DEPT. OF EDUCATION AWG 449.93 WAGE GARNISHMENT: PE 3/13/20 03/24/2020 U.S. POSTAL SERVICE 4,633.13 POSTAGE FOR 2020 SUMMER GUIDE 03/24/2020 VERIZON WIRELESS 2,047.25 POLICE CELL PHONE SERVICE TO 03/03/20 1,672.44 POLICE SITCAM SIM CARD SERVICE TO 3/03/20 Check Total: 3,719.69 03/24/2020 VOLCANO SPLASH DRINKS 1,650.00 REFUND FOR ST. PATRICK'S FESTIVAL 03/24/2020 WC3-WEST COAST CODE CONSULTANT 8,100.00 PLAN CHECK SERVICES FEB 2020 Payments Issued 3/24/2020 Total: 4,376,924.51 03/31/2020 ADVANCED MOBILITY GROUP 1,700.00 CONNECTED AUTONOMOUS VEHICLES TESTING 4,580.26 TRAFFIC SIGNAL SYSTEMS MAINT & SUPPORT Check Total: 6,280.26 03/31/2020 ALL NATURAL STONE 4,000.00 ST. PATRICK’S FESTIVAL SPONSORSHIP REFUND 4.3.a Packet Pg. 67 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 12 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/31/2020 ARAMARK UNIFORM SVC LOCKBOX 53.93 MAT SERVICE SENIOR CENTER 69.22 MAT SERVICE SHANNON CENTER Check Total: 123.15 03/31/2020 BEWLEY, LISA 500.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 BIG O TIRES #7 979.14 POLICE VEHICLE MAINTENANCE & REPAIR 03/31/2020 BUZZ KIDDER ORIGINALS 825.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 CHENG, NIKKI 176.00 ACTIVITY CLASS REFUND 03/31/2020 COIT SERVICES, INC. 250.00 CARPET CLEANING HERITAGE MUSEUM 03/31/2020 COMCAST 1,485.74 INTERNET/CABLE SVCS VARIOUS CITY DEPTS 03/31/2020 CONSOLIDATED ENGINEERING 19,577.25 INSPECTION SERVICES-PUBLIC SAFETY COMPLEX 03/31/2020 CONTRA COSTA COUNTY - SHERIFF 360.00 CONTROLLED SUBSTANCE ANALYSIS 03/31/2020 CONTRACT SWEEPING SERVICES 17,435.44 STREET SWEEPING SERVICES MAR 2020 03/31/2020 COVANTA ENERGY, LLC 655.03 EVIDENCE DESTRUCTION 03/31/2020 CUTCO 1,000.00 ST. PATRICK’S FESTIVAL SPONSORSHIP REFUND 03/31/2020 DEGREGORIO, DIANA 40.00 REC CLASS REFUND 03/31/2020 DUBLIN IRISH GUARD 25.00 ST. PATRICK’S FESTIVAL REFUND 03/31/2020 ELLUL, BARBARA 550.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 EUGENE O'NEIL FOUNDATION 25.00 ST. PATRICK’S FESTIVAL REFUND 03/31/2020 FAROOQ, MUHAMMAD 30.00 ACTIVITY CLASS REFUND 03/31/2020 GEICO 3,000.00 ST. PATRICK’S FESTIVAL SPONSORSHIP REFUND 03/31/2020 GENIUS KIDS DUBLIN ECLIPSE 500.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 GOLDEN STATE FLEET SVCS INC 250.00 POLICE VEHICLE TOW 03/31/2020 JOB'S DAUGHTERS BETHEL NO. 1 25.00 ST. PATRICK’S FESTIVAL REFUND 03/31/2020 KIM, YOUNG 1,600.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 KULANDAIVELU, PRIYA 74.00 ACTIVITY CLASS REFUND 03/31/2020 KUMAGAI, SHAWN 986.39 REIMB NAT'L LEAGUE OF CITIES CONF EXPENSES 03/31/2020 KUSANO, ERI 40.00 REC CLASS REFUND 03/31/2020 LEHR AUTO 460.00 POLICE VEHICLE MAINTENANCE 03/31/2020 LEWIS SOFTWARE ASSOC. LLC 41.75 941 QUARTERLY RETURNS FILING SERVICE 03/31/2020 LI, YANYAN 74.00 ACTIVITY CLASS REFUND 03/31/2020 LITCH, TINA 40.00 REC CLASS REFUND 03/31/2020 LIU, SONGRUI 70.00 REC CLASS REFUND 03/31/2020 LOCKFORD LEMONADE 850.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 LUNA, FRANK 157.38 REIMB WAGEWORKS BILL RE-ISSUE PAYMENT 03/31/2020 MCE CORPORATION 433,342.85 BUILDING MAINTENANCE FEB 2020 9,497.42 LANDSCAPE MAINTENANCE DSRSD FEB 2020 Check Total: 442,840.27 03/31/2020 MEHTA, SNEHA 114.00 ACTIVITY CLASS REFUND 03/31/2020 MICHAEL BAKER INT'L, INC. 2,047.50 HOUSING CONSULTING SERVICES FEB 2020 03/31/2020 NELSON, NANCY 130.00 REIMB WAGEWORKS BILL RE-ISSUE PAYMENT 03/31/2020 PG&E 993.45 SERVICE TO 03/09/20 3,623.06 SERVICE TO 03/10/20 89.52 SERVICE TO 03/11/20 290.31 SERVICE TO 03/12/20 1,679.54 SERVICE TO 03/13/20 Check Total: 6,675.88 03/31/2020 QUADIENT LEASING USA, INC. 1,066.39 NEOPOST MAIL MACHINE LEASE JAN-MAR 2020 03/31/2020 RUFINO, RAEL 25.00 ACTIVITY CLASS REFUND 03/31/2020 SEAN'S CELTIC CREATIONS 275.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 4.3.a Packet Pg. 68 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Print Date: 04/06/2020 City of Dublin Page 13 of 13 Payment Issuance Report Payments Dated 3/1/2020 through 3/31/2020 Date Issued Payee Amount Description 03/31/2020 SHAMROCK OFFICE SOLUTIONS, LLC 8,248.38 PRINTER REPLACEMENT AT PSC 03/31/2020 SHUMS CODA ASSOCIATES INC 5,280.00 PLAN CHECK SERVICES FEB 2020 03/31/2020 SIDDIREDDY, SINDHURI 84.00 ACTIVITY CLASS REFUND 03/31/2020 SIG SOLLAR INSTALLATION GROUP 500.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 SINGLETREE INC. 275.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 STEWART, TARA 500.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 SULLIVAN, LUISSA 84.00 ACTIVITY CLASS REFUND 03/31/2020 SWINERTON MANAGEMENT 2,720.00 CIVIC CENTER HVAC EVALUATION FEB 2020 11,577.00 CONSTRUCTION MGMT/INSPECTION FF&E AT PSC 10,650.00 CONSTRUCTION MGMT/INSPECTION AT PSC 2,126.00 MANAGE TEMP RELOCATION ALAMEDA CO FIRE Check Total: 27,073.00 03/31/2020 TANNA, DARSHNA 96.00 REC CLASS REFUND 03/31/2020 TANTE'S 900.00 ST. PATRICK’S FESTIVAL VENDOR REFUND 03/31/2020 THE ORIENT 800.00 ST. PATRICKS’ FESTIVAL VENDOR REFUND 03/31/2020 TPX COMMUNICATIONS 2,887.33 INTERNET & PHONE SVCS TO 04/08/20 03/31/2020 TRAVLN TOYS, INC. 4,999.90 TRAVEL TRAILER FOR POLICE MOTOR UNIT 03/31/2020 TRI-VALLEY JANITORIAL INC. 22,448.95 JANITORIAL SERVICES MAR 2020 4,450.00 JANITORIAL SERVICES PUBLIC SAFETY COMPLEX 1,251.83 JANITORIAL SUPPLIES POLICE FEB 2020 Check Total: 28,150.78 03/31/2020 VALLEY WINDOW CLEANING INC 450.00 WINDOW CLEANING SERVICES CIVIC CENTER 1,055.00 WINDOW CLEANING SERVICES THE WAVE Check Total: 1,505.00 03/31/2020 VENKATACHALAM, PADMAVATHI 20.00 REC CLASS REFUND 03/31/2020 VILLA, LUZ 1,600.00 ST. PATRICK'S FESTIVAL REFUND 03/31/2020 WANG, CHEN-YU 40.00 REC CLASS REFUND 03/31/2020 WANG, YANG 96.00 REC CLASS REFUND 03/31/2020 WEST CORPORATION 625.88 KEY FOBS FOR POLICE SERVICES 300.00 SECURITY SYSTEM MAINTENANCE 425.00 SERVICE CALL-CIVIC CENTER DOORS SOFTWARE Check Total: 1,350.88 03/31/2020 WESTERN PACIFIC SIGNAL LLC 6,800.00 TRAFFIC SIGNAL UPGRADES-CIP 03/31/2020 WHITEWATER WEST INDUSTRIES LTD 13,388.70 THE WAVE WATERSLIDE MAINTENANCE SERVICES Payments Issued 3/31/2020 Total: 620,338.54 Grand Total for Payments Dated 3/1/2020 through 3/31/2020: 12,027,791.55 Total Number of Payments Issued: 427 4.3.a Packet Pg. 69 At t a c h m e n t : 1 . P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ( P a y m e n t I s s u a n c e R e p o r t f o r M a r c h 2 0 2 0 ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of California Office of Emergency Services (CalOES) Form 130 Designating Agents Necessary to Provide for All Matters Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider approving the CalOES Form 130, designating the City Manager, Assistant City Manager, and Director of Administrative Services as agents necessary to provide for all matters pertaining to State and Federal Emergency Management Agency (FEMA) reimbursements. The Resolution will remain in effect for all open and future disasters up to three (3) years following the date of approval. STAFF RECOMMENDATION: Adopt the Resolution Approving the California Office of Emergency Services (CalOES) Form 130, Designating Agents Necessary to Provide for All Matte rs Pertaining to State and Federal Emergency Management Agency (FEMA) Reimbursements. FINANCIAL IMPACT: There is no immediate financial impact associated with approving the Resolution. However, approval of the CalOES Form 130 is required for the City to obtain certain disaster cost reimbursements from FEMA and the State relating to the current COVID - 19 emergency as well as any future disasters over the next three years. DESCRIPTION: On March 4, 2020, the Governor of California proclaimed a state of eme rgency exists in California related to the spread of COVID-19. On March 13, 2020, the President declared the ongoing Coronavirus Disease 2019 (COVID-19) pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”). This national emergency declaration 4.4 Packet Pg. 70 Page 2 of 2 increases federal support for state and local responses to the COVID-19 pandemic. On March 16, 2020, the City Manager acting in her capacity as Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin. This proclamation directed all City officers and employees take all steps required to qualify the City for reimbursement from the FEMA and for other state and federal relief as may be available to reimburse the City for the expenses incurred from the emergency. On March 18, 2020 the City Council ratified the local emergency proclamation. In order for the City to be eligible for future reimbursement from the federal or state government, the City Council must approve a CalOES Form 130 -Designation of Applicant’s Agency Resolution for Non-State Agencies (Form 130). The Form 130 designates the positions the City Council authorizes to apply for public assistance and recovery funding on behalf of the City, for a three-year period. The proposed action would designate the City Manager, Assistant City Manager, and Director of Administrative Services as agents who can apply for possible reimbursement. Next Steps Shall the City Council approve the Form 130, Staff will submit all necessary documents to CalOES as required for future reimbursement requests. Over the coming months, Staff will continue to monitor and apply for any reimbursement funding opportunities to recover costs incurred throughout the COVID-19 emergency. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving the State of California Governor's Office of Emergency Services Designation of Applicant's Agent (CALOES FORM 130) 2. Exhibit A to the Resolution 4.4 Packet Pg. 71 RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF APPLICANT’S AGENT RESOLUTION (CALOES FORM 130) WHEREAS, On March 13, 2020, the President declared the ongoing Coronavirus Disease 2019 (COVID-19) pandemic of sufficient severity and magnitude to warrant an emergency declaration for all states, tribes, territories, and the District of Columbia pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”); and WHEREAS, On March 16, 2020, the City Manager acting in her capacity as Director of Emergency Services, proclaimed the existence of a local emergency within the City of Dublin; and WHEREAS, on March 18, 2020 the City Council ratified the Local Emergency Proclamation; and WHEREAS, in order for the City to be eligible for future reimbursement from the Federal or State government for costs incurred from the current COVID-19 emergency, the City Council must approve a CalOES Form 130—Designation of Applicant’s Agency Resolution for Non- State Agencies (Form 130) authorizing certain positions to apply for public assistance and recovery funding on behalf of the City. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the CalOES Form 130—Designation of Applicant’s Agency Resolution for Non- State Agencies (Form 130), as attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED the City Council designates the City Manager, Assistant City Manager, and Director of Administrative Services as authorized agents to obtain certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act, for a period not to exceed three years. PASSED, APPROVED AND ADOPTED this 21st day of April, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 4.4.a Packet Pg. 72 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S t a t e o f C a l i f o r n i a G o v e r n o r ' s O f f i c e o f E m e r g e n c y S e r v i c e s D e s i g n a t i o n o f A p p l i c a n t ' s A g e n t _________________________________ City Clerk 4.4.a Packet Pg. 73 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S t a t e o f C a l i f o r n i a G o v e r n o r ' s O f f i c e o f E m e r g e n c y S e r v i c e s D e s i g n a t i o n o f A p p l i c a n t ' s A g e n t STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES 130 Cal OES ID No:______________________ DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES BE IT RESOLVED BY THE OF THE (Governing Body)(Name of Applicant) THAT ,OR (Title of Authorized Agent) ,OR (Title of Authorized Agent) (Title of Authorized Agent) is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant) established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act. THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Please check the appropriate box below: This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below. This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20 (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) (Name and Title of Governing Body Representative) CERTIFICATION I,,duly appointed and of (Name)(Title) ,do hereby certify that the above is a true and correct copy of a (Name of Applicant) Resolution passed and approved by the of the (Governing Body)(Name of Applicant) on the day of , 20 . (Title) Page 1 (Signature) Cal OES 130 (Rev.9/13) 20 Exhibit A to the Resolution 4.4.b Packet Pg. 74 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( C a l O E S F o r m 1 3 0 A p p r o v a l ) STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES 130 -Instructions Cal OES Form 130 Instructions A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted Resolution is older than three (3) years from the last date of approval, is invalid or has not been submitted. When completing the Cal OES Form 130,Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors,City Council,Board of Supervisors,Board of Education, etc. Name of Applicant:The public entity established under the laws of the State of California. Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California. Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the Governor’s Office of Emergency Services regarding grants applied for by the Applicant. There are two ways of completing this section: 1.Titles Only: If the Governing Body so chooses,the titles of the Authorized Agents would be entered here,not their names.This allows the document to remain valid (for 3 years)if an Authorized Agent leaves the position and is replaced by another individual in the same title.If “Titles Only”is the chosen method,this document must be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency and does not require the Governing Body’s signature. 2.Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed.A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document or their title changes. Governing Body Representative: These are the names and titles of the approving Board Members. Examples include: Chairman of the Board, Director,Superintendent,etc. The names and titles cannot be one of the designated Authorized Agents, and a minimum of two or more approving board members need to be listed. Certification Section: Name and Title: This is the individual that was in attendance and recorded the Resolution creation and approval. Examples include:City Clerk, Secretary to the Board of Directors,County Clerk,etc. This person cannot be one of the designated Authorized Agents or Approving Board Member (if a person holds two positions such as City Manager and Secretary to the Board and the City Manager is to be listed as an Authorized Agent, then the same person holding the Secretary position would sign the document as Secretary to the Board (not City Manager) to eliminate “Self Certification.” Page 2Cal OES 130 (Rev.9/13) Exhibit A to the Resolution 4.4.b Packet Pg. 75 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n ( C a l O E S F o r m 1 3 0 A p p r o v a l ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Acceptance of Work – Dublin Boulevard Widening Improvements Project and Mape Memorial Park Playground Replacement Project Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider accepting the Dublin Boulevard Widening Improvements Project and the Mape Memorial Park Playground Replacement Project . STAFF RECOMMENDATION: Adopt the Resolution Accepting the Dublin Boulevard Widening Improvements Project (CIP No. ST1012) and adopt the Resolution Accepting the Mape Memorial Park Playground Replacement Project (CIP No. PK0319). FINANCIAL IMPACT: The Dublin Boulevard Widening Improvements Project (CIP No. ST1012) is complete and the project cost was as follows: Project Funding Sources State Gas Tax $ 500,000.00 Measure BB Grants $ 3,000,000.00 Road Maintenance & Rehab. Account $ 500,000.00 Street CIP Reimbursement $ 2,684,000.00 Traffic Impact Fee - Category 2 $ 4,376,755.00 Mitigation Contributions $ 680,679.00 Total Funding $ 11,741,434.00 Estimated Expenditures Construction Contract $ 5,678,454.00 Change Order #1 - 21 $ 993,743.28 Rule 20A Undergrounding “District 2013-1” $ 3,225,000.00 Contract Services, Design, Salary and Testing $ 944,236.72 Total Expenditures $ 10,841,434.00 4.5 Packet Pg. 76 Page 2 of 3 Estimated Project Balance $ 900,000.00 The majority of the remaining balance will be allocated back to the Street CIP Reimbursement funding source, which is made up of project reimbursements from PG&E. A small amount of the unused budget will be returned to the Gas Tax fund balance. The Mape Memorial Park Playground Replacement Project (CIP No. PK0319) is complete and the project cost was as follows: Project Funding Sources Internal Service Fund - Facilities Replacement $ 320,000.00 Total Funding $ 320,000.00 Estimated Expenditures Construction Contract $ 130,988.00 Change Order #1 $ 11,370.23 Play Equipment $ 130,725.17 Contract Services, Design, Salary and Testing $ 46,916.60 Total Expenditures $ 320,000.00 Estimated Project Balance $ 0.00 DESCRIPTION: Dublin Boulevard Widening Improvements Dublin Boulevard Improvements – Sierra Court to Dublin Court is a two-phase project. Phase 1 consisted of the undergrounding of overhead utilities within the project limits utilizing PG&E’s Rule 20A program funds and coordinating with AT&T, Comcast, and PG&E. The utility undergrounding was necessary in advance of Phase 2, the widening of Dublin Boulevard from four to six lanes. The utility undergrounding construction was completed in summer 2018 and City Council accepted the construction on July 18, 2018. The total cost of Phase 1 was $3,225,000. On July 17, 2018, the City Council awarded the Phase 2 construction contract to Granite Construction Company to construct the Dublin Boulevard Widening Improvements (CIP No. ST1012). The City Council awarded the contract for $5,678,454.00 and approved an original co nstruction contingency amount of $575,000.00. On April 2, 2019, an additional $500,000.00 contingency amount was added to repave and install video detection at the intersection of Dublin Boulevard and Dougherty Road, install street lighting along the Dublin Sports Grounds parking lot, and perform emergency pavement repairs on Village Parkway. The project provided for the widening of Dublin Boulevard to six travel lanes between Sierra Court/Civic Plaza and Dublin Court, the addition of bicycle lanes on both sides of Dublin Boulevard, intersection improvements at both Sierra and Dublin Courts, new 4.5 Packet Pg. 77 Page 3 of 3 sidewalks on both sides of the street including a pedestrian bridge over a drainage channel east of Dublin Sports Grounds, landscape improvements including the replacement of the existing street trees and additional street trees, and bus shelter relocation. The project also included the construction of curb ramps to comply with the Americans with Disabilities Act, modifications to median islands, installation of a traffic signal video detection system, converting the existing potable landscaping irrigation to recycled water, installation of a landscaped bioretention treatment area, relocation of existing water service into the new sidewalk, and the resurfacing of the Dublin Sports Grounds parking lot to accommodate a new striping layout. Staff has determined that the project is complete and recommends that the City Council accept the construction project and begin the warranty period. Mape Memorial Park Playground Replacement On November 5, 2019, the City Council awarded a contract to IBS USA, Incorporated for the Mape Memorial Park Playground Replacement (CIP No. PK0319). The City Council awarded the contract for $130,988 and approved a construction contingen cy amount of $17,716. The project provided for the removal and replacement of two play equipment areas (ages 2-5 and ages 5-12) and the wood fiber surfacing. Staff has determined that the project is complete and recommends that the City Council accept the construction project and begin the warranty period. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A courtesy copy of this Staff Report was sent to Granite Construction Company, IBS USA, Incorporated, and to the Alameda County Transportation Commission, Independent Watch Dog Committee. ATTACHMENTS: 1. Resolution Accepting the Dublin Boulevard Widening Improvements Project (CIP No. ST1012) 2. Resolution Accepting the Mape Memorial Park Playground Replacement Project (CIP No. PK0319) 4.5 Packet Pg. 78 RESOLUTION NO. - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ACCEPTING THE DUBLIN BOULEVARD WIDENING IMPROVEMENTS PROJECT (CIP NO. ST1012) WHEREAS, on July 17, 2018 the City of Dublin entered into a contract with Granite Construction Company to construct the Dublin Boulevard Widening Improvements Project, CIP No. ST1012; and WHEREAS, said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and WHEREAS, as a condition of the contract, Granite Construction Company is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin and maintain a maintenance bond in the amount of 10% of the final contr act value. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Dublin Boulevard Widening Improvement Project (CIP No. ST1012) and authorizes Staff to file a Notice of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the retention, if after 35 days of filing the Notice of Completion and there are no subcontractor claims. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the maintenance bond at the end of the one-year warranty period. PASSED, APPROVED AND ADOPTED this 21st day of April 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.5.a Packet Pg. 79 At t a c h m e n t : 1 . R e s o l u t i o n A c c e p t i n g t h e D u b l i n B o u l e v a r d W i d e n i n g I m p r o v e m e n t s P r o j e c t ( C I P N o . S T 1 0 1 2 ) ( A c c e p t a n c e o f D u b l i n B l v d RESOLUTION NO. - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ACCEPTING THE MAPE MEMORIAL PARK PLAYGROUND REPLACEMENT PROJECT (CIP NO. PK0319) WHEREAS, on November 5, 2019 the City of Dublin entered into a contract with IBS USA, Incorporated to construct the Mape Memorial Park Playground Replacement Project (CIP No. PK0319); and WHEREAS, said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and WHEREAS, as a condition of the contract, IBS USA, Incorporated, is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin and maintain a maintenance bond in the amount of 10% of the final contract value . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Mape Memorial Park Playground Replacement Project (CIP No. PK0319) and authorizes Staff to file a Notice of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the maintenance bond at the end of the one -year warranty period. PASSED, APPROVED AND ADOPTED this 21st day of April 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.5.b Packet Pg. 80 At t a c h m e n t : 2 . R e s o l u t i o n A c c e p t i n g t h e M a p e M e m o r i a l P a r k P l a y g r o u n d R e p l a c e m e n t P r o j e c t ( C I P N o . P K 0 3 1 9 ) ( A c c e p t a n c e o f D u b l i n B l v d 4.5.b Packet Pg. 81 At t a c h m e n t : 2 . R e s o l u t i o n A c c e p t i n g t h e M a p e M e m o r i a l P a r k P l a y g r o u n d R e p l a c e m e n t P r o j e c t ( C I P N o . P K 0 3 1 9 ) ( A c c e p t a n c e o f D u b l i n B l v d Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Proclamations for the Month of May Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will present the following proclamations for the month of May in the City of Dublin: Bike Month and Bike to Work Day, and National Day of Prayer. STAFF RECOMMENDATION: Present the proclamations. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will present the following proclamations for the City of Dublin: Bike Month – May 2020 and Bike to Work Day – September 24, 2020 The attached proclamation designates the Month of May as Bike Month. The goal of Bike Month is to encourage the public to use a bicycle for transportation, health, or enjoyment. Due to the COVID-19 Shelter in Place Order, all Bike Month events will occur in a virtual environment during the month of May. Staff will promote all virtual events hosted by partner organizations such as Bike East Bay and The League of American Bicyclist. Bike to Work Day is rescheduled to September 24, 2020. Bike to Work Day (BtWD) is a one-day annual event that encourages the use of alternative modes of transportation during the commute to work by the Bay Area workforce. Entering its 26th year in Alameda County, BtWD is organized by Bike East Bay which facilitates “Energizer Stations” providing giveaways set up in strategic locations throughout the region. On BtWD, the City of Dublin will help host an “Energizer Station” from 7:00 a.m. to 9:00 a.m. at the East and West Dublin/Pleasanton BART stations. Refreshments, giveaways, 4.6 Packet Pg. 82 Page 2 of 2 and informational brochures will be given to those who commute via bicycle on that day. A limited number of BtWD tee-shirts will be given out at the “Energizer Stations” on a first-come, first-serve basis. In addition to BtWD, the City of Dublin also plans to host several other bicycle-related events in September. All events taking place in Dublin are free to residents and non-residents. National Day of Prayer – May 7, 2020 The attached proclamation designates May 7, 2020 as National Day of Prayer. The goal of National Day of Prayer is to recognize the 32 nd anniversary of the National Day of Prayer that celebrates the act of prayer and recognizes that calling for prayer in times of crisis creates a sense of unity in the United States. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Bike Month and Bike to Work Day Proclamation 2. National Day of Prayer Proclamation 4.6 Packet Pg. 83 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Bike Month and Bike to Work Day” May 2020 WHEREAS, the City of Dublin acknowledges that bicycling is not only a successful rideshare mode to alleviate traffic congestion, reduce air pollution, and decrease fuel consumption, but also is an effective way to reduce stress and exercise while practicing social distancing per the COVID-19 SHELTER IN PLACE ORDER; and WHEREAS, the League of American Bicyclists has declared the Month of May as National Bike Month but only will host virtual bike education events continuing to promote the vision of encouraging everyone to think beyond bicycling to work and move towards a holistic approach to integrate bicycling into as many aspects of lives as possible; and WHEREAS, the City of Dublin acknowledges that bike month education and bike-to-work days are effective in converting drivers into bicyclists, educating citizens about the environmental value of bicycling to work regularly, and promoting the health benefits of bicycling and intends to promote virtual bike education events in May; and WHEREAS, Bike East Bay along with other regional and local sponsors are promoting Bike to Work Day on Thursday, September 24th in the San Francisco Bay Area; and WHEREAS, on September 24th, the cities of Dublin and Pleasanton, Alameda County Public Works Agency, Dublin Cyclery, Hacienda, and REI Dublin will host Energizer Stations at both the East and West Dublin/Pleasanton BART stations, to greet and reward bicyclists with refreshments and sponsored giveaways; and WHEREAS, the City of Dublin Public Works Department will host additional bicycling events in September including a community bike ride, a ride to market day, and a bike film screening. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby proclaim the Month of May as “Bike Month” and September 24th as “Bike to Work Day” in the City of Dublin and encourages all citizens and civic organizations to consider bicycling throughout the month, participating in bike events, and visiting the Dublin Energizer Stations on Bike to Work Day. DATED: April 21, 2020 ______________ Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai 4.6.a Packet Pg. 84 At t a c h m e n t : 1 . B i k e M o n t h a n d B i k e t o W o r k D a y P r o c l a m a t i o n ( C i t y P r o c l a m a t i o n s f o r M a y ) A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “National Day of Prayer” May 7, 2020 Recognizing May 7, 2020 as the 32nd anniversary of the National Day of Prayer established under the Act entitled “An Act to provide for setting aside the first Thursday in May as the date on which the National Day of Prayer is celebrated”. WHEREAS, the National Day of Prayer was established in 1952 as a floating holiday and was later established as the First Thursday in May; and WHEREAS, May 7, 2020, marks the 32nd anniversary of the National Day of Prayer which has been consistently celebrated annually by all United States Presidents; and WHEREAS, the United States has a long history of turning to prayer both in times of crisis and in times of thanksgiving ; and WHEREAS, the act of prayer is both an expression of religious belief and an act of sp eech that is protected by the First Amendment to the Constitution of the United States; and WHEREAS, the National Day of Prayer is consistent with the Establishment Clause of the First Amendment to the Constitution of the United States; belongs to all people in the United States; and WHEREAS, calling for prayer in times of crisis and thanksgiving creates a sense of unity in the United States . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 7, 2020 as National Day of Prayer and encourages all people in the City of Dublin to reaffirm the importance prayer has played in the heritage of the United States. DATED: April 21, 2020 Mayor David G. Haubert Vice Mayor Arun Goel Councilmember Melissa Hernandez Councilmember Jean Josey Councilmember Shawn Kumagai 4.6.b Packet Pg. 85 At t a c h m e n t : 2 . N a t i o n a l D a y o f P r a y e r P r o c l a m a t i o n ( C i t y P r o c l a m a t i o n s f o r M a y ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: First Amendment to the Community Benefit Program Agreement with Crystal Bay Development LLC (Formerly Bayview Development Group, Inc.) Prepared by: Hazel L. Wetherford, Economic Development Director EXECUTIVE SUMMARY: The City Council will consider approving a First Amendment to the Community Benefit Program Agreement with Crystal Bay Development LLC (formerly Bayview Development Group, Inc.) for the St. Patrick Way Residential Project that includes 499 residential units on a ±8.53-acre property located at 6700 Golden Gate Drive. STAFF RECOMMENDATION: Adopt the Resolution Approving the First Amendment to the Community Benefit Program Agreement between the City of Dublin and Crystal Bay Development LLC (formerly Bayview Development Group, Inc.). FINANCIAL IMPACT: None. DESCRIPTION: On May 1, 2018, the City Council adopted Resolution No. 41-18 (Attachment 1) approving a Community Benefit Agreement between the City of Dublin and Bayview Development for the St. Patrick Way Residential Project that includes 499 residential units on a ±8.53-acre property located at 6700 Golden Gate Drive. The Community Benefit Agreement outlined what the Developer would contribute to the City in exchange for requesting the residential units from the development pool. As discussed in the May 1, 2018 Staff Report, those community benefits have been outlined in the form of off-site dedications, funding, and improvements.  As it relates to the off-site dedication, Developer will dedicate to the City, or as directed by the City to an affordable housing developer, an adjacent 1.3-acre parcel located at 6541 Regional Street for a future affordable housing project. Additionally, Developer will be dedicating approximately .28 acres of a parcel Page 2 of 3 north of the property to complete the right-of-way improvements for the extension of St. Patrick Way.  In terms of improvements, the Developer will make $200,000 in enhancements to St. Patrick Way so that the street can function as a usable event and festival space for Downtown activation. These streetscape enhancements include seat walls to the north edge of the sidewalk, bollard sleeves in the street at each end of the project site, string lighting at each end of the project site and along the southern and northern edges of the new street, electrical outlet installation in tree wells, and monumentation at each end of the project site to create defined edges when used as event space. The Developer will include 1,500 square feet of commercial space within the building for use as co-workspace to assist small businesses, telecommuters and entrepreneurs for a period of at least five years.  Lastly, the Developer will contribute $50,000 in funding towards pedestrian connections to BART from its project site. As outlined above, part of the community benefits of the residential project include the improvement and dedication of St. Patrick Way along the northern boundary of the property, including on property owned by the adjacent property owner. The Developer, despite good faith efforts, has had difficulties in acquiring the off-site property voluntarily, which has delayed the timing of the project. The City has had to step in and assist with acquiring the off-site property pursuant to its eminent domain power. Since the improvement and dedication of St. Patrick Way must be completed as a condition of the residential project, the Developer has requested an extension to the term of the agreement for an additional year to June 13, 2021. The current Community Benefit Agreement is set to expire on June 13, 2020. In addition to the one-year extension, clean up language has also been added as it relates to the transfer of the adjacent property located at 6541 Regional Street to the City or to a third party as the City may direct. If the City desires to acquire the adjacent parcel earlier than the issuance of the first building permit for the 499 residential project (in order to work with an affordable housing developer and secure bond funds), then the City has the option of paying the developer $5,000,000 for the 1.3-acre parcel. Once the first building permit is issued for the 499 residential unit project, the Developer would pay the City back the $5,000,000 less the nominal price as outlined in Attachment 3. Lastly, Bayview Development Group desires to assign the Community Benefit Program Agreement to Crystal Bay Development LLC, a subsidiary to Bayview Development Group which is allowed as outlined in the Community Benefit Program Agreement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report has been sent to Crystal Bay Development LLC. Page 3 of 3 ATTACHMENTS: 1. Resolution 41-18 Approving the Community Benefit Agreement Between the City of Dublin and Bayview Development Group 2. Resolution Approving the First Amendment to City of Dublin Community Benefit Program Agreement 3. Exhibit A to the Resolution – First Amendment to City of Dublin Community Benefit Program Agreement RESOLUTION NO. 41 — 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BAYVIEW DEVELOPMENT GROUP AND AN ALTERNATE METHOD OF COMPLIANCE WITH THE INCLUSIONARY ZONING REGULATIONS FOR THE ST. PATRICK WAY RESIDENTIAL PROJECT WHEREAS, Bayview Development Group has proposed the construction of a market rate apartment project in Downtown Dublin at 6700 Golden Gate Drive; and WHEREAS, the project consists of 499 apartments, including studios, one and two-bedroom units, as well as 1,500 square feet of commercial space; and WHEREAS, Bayview submitted a Site Development Review Permit application to demolish the existing partially vacant 204,624 square foot warehouse building, construct the ultimate extension of St. Patrick Way and construct a five story, 499-unit apartment community and related site improvements. The proposed project also includes a request for a Vesting Tentative Map for condominium purposes; and WHEREAS, the Planning Commission adopted Resolution 18-07 denying the Site Development Review Permit and Vesting Tentative Map 10809; and WHEREAS, Bayview appealed the action of the Planning Commission to City Council in accordance with Dublin Municipal Code Chapter 8.136; and WHEREAS, Bayview is seeking 499 units from the residential development pool and 1,500 square feet from the commercial development pool. In exchange for this allocation, Bayview will contribute community benefits in the form of off-site dedications, funding, and improvements; and WHEREAS, Bayview is acquiring and then dedicating to the City a 1.33-acre site at 6541 Regional Street as a community benefit; and WHEREAS, Bayview will provide street improvements and enhancements (estimated at 200, 000) along the new segment of St. Patrick Way so that the street can function as a usable event and festival space for Downtown activation as further described in Exhibit B of the Agreement; and WHEREAS, Bayview will dedicate approximately .28 acres of a parcel north of the property to complete the right of way improvements for the extension of St. Patrick Way; and WHEREAS, Bayview will include 1,500 square feet of commercial space within the building for use as co-work space to assist small businesses, telecommuters and entrepreneurs for a period of at least five years; and WHEREAS, the term of the Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer has provided the Community Benefit to the City as provided in Section 3 of this Agreement, 2) any of the Project Approvals expires, or 3) Two years after the Effective Date plus any extensions granted pursuant Section 4.2 of this Agreement; and Reso No. 41-18, Adopted 5/1/2018, Item No. 6.1 Page 1 of 2 4.7.a Packet Pg. 89 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p WHEREAS, Section 8.68.040.E of the Dublin Zoning Ordinance allows the City Council, at its discretion, to waive, wholly or partially, the requirements of the Inclusionary Zoning Regulations and approve an alternate method of compliance if the applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of the Inclusionary Zoning Chapter; and WHEREAS, the purpose of the Inclusionary Zoning Regulations are to enhance the public welfare and assure that further housing development contributes to the attainment of the City's housing goals by increasing the production of residential units affordable by households of very-low, low and moderate-income and assure that the limited remaining developable land in the City's planning area is utilized in a manner consistent with the City's housing policies and needs. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby irrevocably offers Bayview 31 affordable unit credits that Bayview may use to satisfy a portion of the project's 62 affordable unit obligation under the Inclusionary Zoning Regulations. The offer will expire upon the expiration of the Site Development Review permit for the project. BE IT FURTHER RESOLVED that the City Council finds that Bayview's proposed alternate method of compliance with the Inclusionary Zoning Regulations for the remainder of the obligation which is based on the characteristics of the project) meets the purposes of the Inclusionary Zoning Regulations for the following reasons: The size, location, and type of the units in the 499-unit market rate project are likely to produce housing that will be beneficial to many economic segments, both directly, by making a substantial number of units available at reasonable rents, and indirectly, by substantially increasing the supply of rental housing available in the community. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the Community Benefit Agreement between the City of Dublin and Bayview Development Group, as attached as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and gives the City Manager authority to execute any minor amendments to the Agreement, as needed, to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 1st day of May, 2018, by the following vote: AYES: Councilmembers Goel, Gupta, Hernandez, Thalblum and Mayor Haubert NOES: ABSENT: ABSTAIN:i-004 Mayor ATTEST: C,,v„ City Clerk Reso No. 41-18, Adopted 5/1/2018, Item No. 6.1 Page 2 of 2 4.7.a Packet Pg. 90 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 1– CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT Bayview Development Group, 6700 Golden Gate Drive Project This Community Benefit Program Agreement (“Agreement”) is en tered into on this day _____ of ___________, 2018, by and between the City of Dublin, a municipal corporation (“City”) and Bayview Development Group, Inc., a California corporation Developer”). City and Developer are, from time-to-time, individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.” RECITALS A. On February 1, 2011, the City adopted Resolution No. 9-11 establishing a Downtown Dublin Specific Plan,” which sets forth a comprehensive set of guiding principles, standards, and design guidelines for the implementation of future development in Downtown Dublin (“the Specific Plan Area”). On May 6, 2014 and October 7, 2014, the City Council adopted, respectively, Resolution Nos. 49 -14 and 170-14 amending the Downtown Dublin Specific Plan. The Downtown Dublin Specific Plan, as amended, is herein referred to as “the Specific Plan.” B. The Specific Plan regulates the density of development allowed in the Specific Plan Area by establishing a “Base Floor Area Ratio (FAR)” for development in each of the three districts within the Specific Plan Area. C. The Specific Plan also establishes a pool of additional development potential, in the form of 2,262,540 square feet of non-residential development and 2,500 residential dwelling units (collectively “the Excess Capacity”) apportioned between the three districts in the Specific Plan Area. The pool can be used by developers that (a) propose to develop projects that exceed the Base FAR up to a defined “Maximum FAR” and (b) propose to develop residential dwelling units. Developers utilizing Excess Capacity must participate in the Community Development Program and enter into a Community Benefit Program Agreement with the City. D. Developer proposes to develop certain property consisting of approximately 8.53 acres of land and buildings located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereafter called the “Property.” E. In conjunction with development of the Property, Developer proposes to convey 1.33 acres of land and buildings adjacent to the Property (“the Adjacent Property”), which property is referred to variously as 6541 and 6543 Regional Street and Alameda County Assessor’s Parcel No. 941-1500-25. F. Developer seeks units from the Development Pool in order to construct a residential project on the Property (“the “Project”). 4.7.a Packet Pg. 91 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 2– I Developer has applied for a Site Development Review for the Property, which approval, if granted, together with any approvals or permits now or hereafter issued with respect to the Project are referred to as the “Project Approvals.” J The City and Developer have reached agreement with respect to the Community Benefit and desire to express herein a Community Benefit Program Agreement clearly setting forth the Community Benefit to be provided by the Developer, and the scope and nature of excess development capacity to be granted to Developer in exchange for said Community Benefit. K. The Project is subject to and in compliance with the Specific Plan, for which a Specific Plan a Program EIR was certified by CITY in Resolution No. 08-11, and updated with the Addendum to Specific Plan EIR as adopted by CITY in Resolution No. 50-14 (“Specific Plan EIR”) pursuant to the California Environmental Quality Act, and the CEQA Guidelines promulgated thereunder (collectively, “CEQA”). Pursuant to CEQA Guidelines section 15168, this Agreement is within the scope of the project analyzed in the Specific Plan EIR and no further CEQA review or document is required. This Agreement does not impede, impair or otherwise seek to truncate or limit the City discretion in considering any future Project Approvals or conducting any future CEQA review as required by applicable law. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT 1. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Developer and that the Developer is not an agent of the City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 2. Effective Date and Term. 2.1 Effective Date. The effective date of this Agreement (“the Effective Date”) shall be the date upon which the City Council approves this Agreement. 2.2 Term. The term of this Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer has provided the Community Benefit to the City as provided in Section 3 of this Agreement, 2) any of the Project 4.7.a Packet Pg. 92 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 3– Approvals expires, or 3) 2 years after the Effective Date plus any extensions granted pursuant Section 4.2 of this Agreement. 3. Community Benefit to Be Provided By Developer. 3.1 Transfer of the Adjacent Property Developer shall provide the following Community Benefit to the City: the Developer will, for no more than a “Nominal Price,” transfer ownership of the Adjacent Property to the City (the “Community Benefit”). The Developer shall provide the Community Benefit no later than the time of issuance of the first building permit for the Project. In no event shall the City be required to issue a building permit unless the Community Benefit has been provided to the City. For the purposes of this Agreement, a “Nominal Price” shall be any sales price that is one-thousand dollars ($1000) or less not including, and not limiting, the purchaser’s share of escrow fees, title insurance costs, transfer taxes, prorated taxes and assessments and other customary closing costs). 3.2 Community Benefit For Off-Site Dedication and Improvement and Streetscape Enhancements for St. Patrick Way. In addition to the Developer dedication of 1.52 acres of land from the Property for the construction and improvement of St. Patrick Way, Developer shall dedicate 0.28 acres of off-site land for St. Patrick Way. In addition to construction of public improvements consistent with City standards, Developer shall fund up to $200,000 of additional streetscape enhancements, including but not limited to, additional street furniture, street monumentation, decorative street lighting and other improvements as more fully set forth in Exhibit B. Pursuant to Ordinance No. __________, adopted concurrently with this Agreement, City has modified the right of way for St. Patrick Way, as depicted in Exhibit C. City recognizes that Developer’s dedication of 0.28 acres of land and construction of public improvements and streetscape enhancements qualify as a “Community Benefit” under the Specific Plan, as it will assist the City in fulfilling its General Plan, Specific Plan and Bicycle and Pedestrian Master Plan. 3.3 Community Benefit for Co-Work/Economic Development Space within Project (“Co-Work Space”). Upon occupancy of the Project, Developer shall reserve, construct tenant improvements for and operate 1,500 square feet of Co -Work Space in the Project. City recognizes that Developer’s reservation of, tenant improvements to, and operation of 1,500 square feet of Co-Work Space in the Project is a qualifying “Community Benefit” under the Specific Plan, as it will assist the City in fulfilling its General Plan, Specific Plan and Economic Development objectives. Developer will provide the Co-Work Space available to Dublin residents during hours when the leasing office is open for business for an initial five (5) year period after the certificate of occupancy for the Co -Work Space, which may be extended for an additional five (5) years upon mutual agreement between the City and Developer. 4.7.a Packet Pg. 93 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 4– 3.4 Contribution of $50,000 for the Improvement of Pedestrian Access to BART. Developer shall contribute Fifty Thousand Dollars $50,000 to the City for future improvement projects, determined at City’s discretion, to improve pedestrian access to BART. City recognizes that Developer’s contribution of up to $50,000 to improve pedestrian access to BART is a qualifying “Community Benefit” under the Specific Plan, as it will assist the City in fulfilling its General Plan, Specific Plan and Bicycle and Pedestrian Master Plan. 4. Excess Capacity, Residential Allocations. 4.1 Grant As of the Effective Date, as defined in Section 2.1, and for the term specified in Section 2.2, City shall grant 499 Residential Allocations out of the Residential Allocation Pool established by the Specific Plan for the proposed development on the Property. City may make the right to construct residential units under the Project Approvals conditional upon the transfer of the Adjacent Property in accordance with Section 3.1. The term “Residential Allocation” as used in the Agreement means an allocation of the right to construct residential units from the Residential Allocation Pool established by the Specific Plan. 4.2 Term of Residential Allocations. Once granted, the “Residential Allocations” provided by the Community Benefit provisions of this Agreement shall extend until two (2) years from the Effective Date the Residential Allocation Term”). The City Manager may, for good cause, extend the Residential Allocation Term twice for periods of six (6) months each, provided the Developer has at the time of such extension applied for a building permit. It is acknowledged that Developer shall not have a right to the Residential Allocations until such time as it has transferred the Adjacent Property in accordance with Section 3.1. Notwithstanding the foregoing, if a building permit for any structure has been issued by City, and if the construction of any structure related to residential uses has been commenced on the Property within said Residential Allocation Term or any extension period or periods, then the Residential Allocations for the development on the particular parcel for which the permit was issued shall be extend for the life of the building permit and any extensions thereto. This Section 4.2 shall survive termination of the Agreement. 4.3 Reservation. During the Residential Allocation Term, and only so long as each of the Project Approvals remain in effect, City shall reserve 499 units for Developer’s use. If Developer fails to provide the Community Benefit during the term of this Agreement, or if Developer provides the Community Benefit but fails to obtain building permits for all or a portion of the units within the Residential Allocation Term, the Excess Capacity reserved 4.7.a Packet Pg. 94 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 5– for Developer shall revert to the pool maintained by the City and will be available to other developers on a “first come, first served” basis. 4.4 Limitation on City’s Obligation. This Agreement shall not be construed to require the City to issue any Project Approval to the Developer. City is solely required to reserve the Excess Capacity identified in Section 4 of this Agreement. Other than this obligation, nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project. All of City’s applicable ordinances, resolutions, rules, regulations and official policies shall apply to the Project including, but not limited to, those governing the permitted uses of the Property, design and construction of the Project, density and intensity of use of the Project, and the maximum height, bulk and size of proposed buildings within the Project. 4.5 Limitation on Developer Obligations. This Agreement shall not be construed to require the Developer to provide any Community Benefits described herein, if City does not grant Project Approvals in accordance with the Project or Developer does not develop the Project. 5. Amendment or Cancellation. This Agreement may be amended in writing from time to time by mutual consent of the parties. 6. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal, unless a Party’s consideration materially fails as a result. 7. Attorneys’ Fees and Costs. If the City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding. 8. Assignment. Developer may wish to sell, transfer or assign all or portions of the Property to other developers (each such other developer is referred to as a “Transferee”). In 4.7.a Packet Pg. 95 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 6– connection with any such sale, transfer or assignment to a Transferee, Developer may sell, transfer or assign to such Transferee some or all of the Excess Capacity reserved under this Agreement, so long as said transfer would not result in development of the Property in excess of the Maximum FAR. No such transfer, sale or assignment of Developer’s rights, interests and obligations hereunder shall occur without prior written approval by the City. The City Manager shall consider and decide on any transfer, sale or assignment within ten (10) days after Developer’s notice, provided all necessary documents, certifications and other information are provided to the City Manager to enable the City Manager to determine whether the obligations incurred by Developer pursuant to this Agreement will be fully satisfied. 9. Notices. All notices required to be given to City under this Agreement shall be in writing and shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 All notices required to be given to Developer under this Agreement shall be in writing and shall be addressed as follows: Bayview Development Group, Inc. 60 South Market Street, Suite 450 San Jose, CA 95113 With copies to: Morrison & Foerster, LLP 425 Market Street San Francisco, CA 94125 Attention: Miles Imwalle Telephone: 415-268-6523 Email: mimwalle@mofo.com 10. Agreement is Entire Understanding. This Agreement constitutes the entire understanding and agreement of the parties. 11. Legal Authority. Each individual executing this Agreement on behalf of Developer hereby represents and warrants that he or she has full power and authority under the entity’s governing documents to execute and deliver this Agreement in the name of and on behalf of the company and to cause the entity to perform its obligations under this Agreement. 4.7.a Packet Pg. 96 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 7– 12. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description and Plat of the Property Exhibit B Streetscape Improvements Enhancements Exhibit C Revised St. Patrick Way Right of Way Alignment IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN By: __________________________ Christopher L. Foss, City Manager Attest: Caroline Soto , City Clerk Approved as to form John D. Bakker, City Attorney DEVELOPER Bayview Development Group, Inc. By: Its: 2928458.6 4.7.a Packet Pg. 97 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 4.7.a Packet Pg. 98 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 4.7.a Packet Pg. 99 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 4.7.a Packet Pg. 100 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p Exhibit B Streetscape Improvement Enhancements ($200,000 Value) 1. Entry monuments 2. Seat Wall 3. Stamped/Decorative Asphalt Paving and Crosswalks 4. Decorative String Street Poles and String Lights and Bulbs 5. Electrical infrastructure for electrical outlets on street light poles and string light poles and electrical connection at each street tree for lighting. 6. Drop down, manual bollard sleeves and bollards for street closures Note: Does not include value of dedication of 0.28 acres of offsite property. See conceptual plan attached. 4.7.a Packet Pg. 101 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p 4.7.a Packet Pg. 102 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p ( C B A F i r s t A m e n d m e n t w i t h C r y s t a l B a y ) 4.7.a Packet Pg. 103 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p ( C B A F i r s t A m e n d m e n t w i t h C r y s t a l B a y ) 344 1 350 9 350 3 349 9 351 0 341 3 341. 2 342 7 343.63443 345. 4 346 8 343 6 343 4 343 5 342 5 341 8 345 6 347 6 347. 6 2 344 4 344 2 342 8 350 7 349 3 351 13478 350 5 349. 7 350. 3 350 2 350 5 350 6 346 3 345. 3 9 350 2 350 6 350 5 349 3 351. 3 350 8 350 1 351 8 352 4 351. 2 352. 2 352 3 354 5 354 6 354 9 355 6 356 1 355 7 354 8 355 4 350. 4 351. 0 351 3 351. 7 351 3 351. 4 352 6 353 5 352 3 353 7 354 2 355 3 355 8 338. 3 338 5 338. 6 338 3 353. 5 343 2 339 8 339 1 339 3 340 2 340 6 341 6 339. 8 339 6 340 7 342. 3 339 4 343 1 343. 9 344. 9 340 2 339 8 339 5 342 2 350 345 340 3 4 0 345 350 350 3 5 5 CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NONACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON- ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NON- ACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCPUBLIC CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NON-ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCPUBLIC CBCPUBLIC CBCUNITINTERIOR CBCUNITINTERIORTYPEAUNITINTERIORNONACCESS R3NON-ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NONACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIORCBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NON-ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIORTYPEAUNITINTERIORNON- ACCESS CBCUNITINTERIOR CBCUNITINTERIORTYPEAUNITINTERIORNON- ACCESS R3NON-ACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON- ACCESSCBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NON-ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON-ACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON- ACCESS R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NONACCESS CBCUNITINTERIOR R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR R3NONACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIOR NON-ACCESS R3NON- ACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NONACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3 NONACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR TYPEAUNITINTERIORNON-ACCESS R3NONACCESS R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON-ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR R3NON-ACCESS R3NON-ACCESS R3NON- ACCESS CBCUNITINTERIOR CBCUNITINTERIOR CBCUNITINTERIOR RE G I O N A L S T R E E T ST. PATRICK W A Y EN T R Y D R I V E P R I V A T E C ST. PATRICK WAY WE S T S T R E E T P R I V A T E GO L D E N G A T E D R I V E A B C 345 4 347 6 2 344 9 34 5 CBCPUBLIC CBCPUBLIC SECTION C: EXISTINGSECTIONB - 58' ST. PATRICK RIGHT OF WAYWITHPARKINGSECTIONA - 71' ST. PATRICK RIGHT OF WAY WITH PARKING DATE: MARCH 16, 2018 0'120'40'160' 1" = 40'SCALE: ST. PATRICK WAY HOLD NORTH ST. PATRICK FACE OF CURB LINE PLAN LINE STUDY CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA F:\2763-000\ACAD\EXHIBITS\XB-028_PLAN LINE STUDY.DWG 3/ 1 6 2 0 1 8 3 2 0 P M SACRAMENTO, CALIFORNIA SAN RAMON, CALIFORNIA CIVIL ENGINEERS SURVEYORS PLANNERS 925) 866 - 0322 www.cbandg.com 916) 375 - 1877 Carlson, Barbee & Gibson, Inc. LEGEND ABBREVIATIONS ST. PATRICK & WEST STREET INTERSECTION DETIAL 4.7.a Packet Pg. 104 At t a c h m e n t : 1 . R e s o l u t i o n 4 1 - 1 8 A p p r o v i n g t h e C o m m u n i t y B e n e f i t A g r e e m e n t B e t w e e n t h e C i t y o f D u b l i n a n d B a y v i e w D e v e l o p m e n t G r o u p ( C B A F i r s t A m e n d m e n t w i t h C r y s t a l B a y ) RESOLUTION NO. XX- 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING A FIRST AMENDMENT TO THE CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT BETWEEN THE CITY OF DUBLIN AND CRYSTAL BAY DEVELOPMENT LLC WHEREAS, on May 1, 2018, the City Council adopted Resolution No. 41-18 approving a Community Benefit Agreement between the City of Dublin and Bayview Development Group and an Alternate Method of Compliance with the Inclusionary Zoning Regulations for the St. Patrick Way Residential Project; and WHEREAS, Bayview Development Group has proposed the construction of a market rate apartment project in Downtown Dublin at 6700 Golden Gate Drive; and WHEREAS, the project consists of 499 apartments as well as 1,500 square feet of commercial space; and WHEREAS, in exchange of pulling 499 units from the residential development pool and 1,500 square feet from the commercial development pool, Bayview w ill contribute community benefits in the form of off-site dedications, funding and improvements; and WHEREAS, Bayview has acquired and shall dedicate to the City a 1.3-acre site at 6541 Regional Street as a community benefit; and WHEREAS, Bayview will provide street improvements and enhancements (estimated at $200,000) along the new segmen t of St. Patrick Way so that the street can function as a usable event and festival space for Downtown activation; and WHEREAS, Bayview will dedicate approximately .28 acres of a parcel north of the property to complete the right of way improvements for t he extension of St. Patrick Way; and WHEREAS, Bayview will include 1,500 square feet of commercial space within the building for use as co-work space to assist small businesses, telecommuters and entrepreneurs for a period of at least five years; and WHEREAS, since the improvement and dedication of St. Patrick Way must be completed as a condition of the residential project, the developer has requested an extension to the term of the agreement for an additional year to June 13, 2021; and WHEREAS, in addition to the one-year extension, clean up language has also been added as it relates to the transfer of the adjacent property located at 6541 Regional Street; and WHEREAS, Bayview Development Group desires to assign the Community Benefit Program Agreement to Crystal Bay Development LLC, a subsidiary to Bayview Development Group. 4.7.b Packet Pg. 105 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to City of Dublin Community Benefit Program Agreement between Crystal Bay Development LLC and the City of Dublin as attached as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and gives the City Manager authority to execute any minor amendm ents to the Agreement, as needed, to carry out the intent of this Resol ution. PASSED, APPROVED AND ADOPTED this 21st day of April, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.7.b Packet Pg. 106 At t a c h m e n t : 2 . R e s o l u t i o n A p p r o v i n g t h e F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t –1– FIRST AMENDMENT TO CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT Crystal Bay Development, LLC, 6700 Golden Gate Drive Project This First Amendment to the Community Benefit Program Agreement (“Amendment”) is entered into on this day 21st of April, 2020, by and between the City of Dublin, a municipal corporation (“City”) and Crystal Bay Development LLC, a California limited liability company (“Developer”). City and Developer are, from time-to- time, individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.” RECITALS A. Developer is pursuing a mixed-use project that includes 499 residential units (the “Project”) on an 8.53-acre property referred to as 6700 Golden Gate Drive (the “Property”). B. Developer and City are parties to that certain Community Benefit Program Agreement, dated June 13, 2018 (“the Agreement”), in which the City, pursuant to its Downtown Dublin Specific Plan (“the Specific Plan”), granted Developer (as assignee of Bayview Development LLC) the right to develop residential units in exchange for providing the City certain community benefits. C. The community benefits of the Project include the improvement and dedication of St. Patrick Way along the northern boundary of the Property, including on property owned by the adjacent property owner (“the Off-Site Property”). D. Developer despite diligent efforts was unable to acquire the Off-Site Property voluntarily, and the City is in the midst of acquiring it pursuant to its eminent domain power. E. Since the improvement and dedication of St. Patrick Way must be completed as a condition of the Project, the parties agree that the period of time required to acquire the Off-Site Property necessitates an extension in the term of the Agreement. F. In addition, the Parties desire to make certain other changes to conform the Agreement to changes in law. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, City and Developer agree as follows: AGREEMENT Section 1. Amendment to Subsection 2.2, Term. Subsection 2.2 of the Agreement is hereby amended to read as follows: 4.7.c Packet Pg. 107 At t a c h m e n t : 3 . E x h i b i t A t o t h e R e s o l u t i o n – F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t –2– “Term. The term of this Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer satisfied all of the obligations set forth in Section 3 of this Agreement, 2) any of the Project Approvals expires, or 3) 3 years after the Effective Date plus any extensions granted pursuant Section 4.2 of this Agreement.” Section 2. Amendment to Subsection 3.1, Transfer of Adjacent Property. Subsection 3.1 of the Agreement is hereby amended to read as follows: “Transfer of the Adjacent Property Developer shall provide the following Community Benefit to the City: the Developer will, for no more than a “Nominal Price,” transfer ownership of the Adjacent Property to the City or to such third party as the City may direct (the “Community Benefit”). The Developer shall provide the Community Benefit no later than the earlier of: (i) the date of closing (the “Property Transfer Date”) on the transfer of the Property from Developer to AvalonBay Communities, Inc. or an entity controlled by it (the “Property Transfer”), in which case, as part of the same escrow as the Property Transfer on the Property Transfer Date: (a) Developer shall (1) assign the Agreement to AvalonBay Communities, Inc. or an entity controlled by it (“Assignee”), which potential assignment the City hereby prospectively approves notwithstanding anything to the contrary in Section 8, and (2) convey the Adjacent Property to the City or to such third party as the City may direct; and (b) The City shall deposit $5,000,000 into the escrow (the “Escrow Deposit”) pursuant to an escrow agreement that is reasonably satisfactory to Developer, Assignee, and City, which shall provide that the Escrow Deposit, less the Nominal Price, shall be released to the City upon issuance of the first building permit for the Project; provided that, in the event that this Agreement expires or is terminated prior to issuance of the first building permit for the Project, then upon such expiration or termination the Escrow Deposit shall be released to Developer. or (ii) the time of issuance of the first building permit for the Project. 4.7.c Packet Pg. 108 At t a c h m e n t : 3 . E x h i b i t A t o t h e R e s o l u t i o n – F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t –3– In no event shall Developer be obligated to provide the Community Benefit to the City or to such third party as the City may direct unless the Property Transfer has occurred, provided that the City shall not be required to issue a building permit for the Project unless the Community Benefit has been provided to the City or to such third party as the City may direct. For the purposes of this Agreement, a “Nominal Price” shall be any sales price that is $1,000 or less (not including, and not limiting, the purchaser’s share of escrow fees, title insurance costs, transfer taxes, prorated taxes and assessments and other customary closing costs). Section 3. Amendment to Subsection 4.2, Term of Residential Allocations. Subsection 4.2 of the Agreement is hereby amended to read as follows: “Term of Residential Allocations. Once granted, the “Residential Allocations” provided by the Community Benefit provisions of this Agreement shall extend until three years from the Effective Date (“the Residential Allocation Term”). The City Manager may, for good cause, extend the Residential Allocation Term twice for periods of six months each, provided the Developer has at the time of such extension applied for a building permit. It is acknowledged that Developer shall not have a right to the Residential Allocations until such time as it has transferred the Adjacent Property in accordance with Section 3.1. Notwithstanding the foregoing, if a building permit for any structure has been issued by City, and if the construction of any structure related to residential uses has been commenced on the Property within said Residential Allocation Term or any extension period or periods, then the Residential Allocations for the development on the particular parcel for which the permit was issued shall be extended for the life of the building permit and any extensions thereto. This Section 4.2 shall survive termination of the Agreement.” Section 4. Life of Site Development Review Approval. The Project includes site development review approval, which the City Council approved by Resolution No. 40– 18 on May 1, 2018. Dublin Municipal Code section 8.96.020.D provides that construction pursuant to a site development review approval must commence within one year of approval or the approval becomes null and void. The section further defines commencement to mean either actual construction or “demonstrating substantial progress toward commencing such construction. . . .” Under the unique circumstances here involving the acquisition of the Off-Site Property, the City Council hereby finds that Developer demonstrated “substantial progress toward commencing” construction of the Project within one year of the site development approval for the Project and thereafter has and will continue to do so throughout the term of the Agreement. Section 5. Full Force and Effect. Except as specifically clarified, confirmed or modified herein, the Agreement shall continue in full force and effect according to its terms. 4.7.c Packet Pg. 109 At t a c h m e n t : 3 . E x h i b i t A t o t h e R e s o l u t i o n – F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t –4– Section 6. Defined Terms. Defined terms have the same meaning in this Amendment as in the Agreement unless otherwise specified. Section 7. Memorandum. At the request of either party to the Agreement, the parties shall execute and record a memorandum of the Agreement in the public records of the County where the Property is located. Upon the expiration or earlier termination of this Agreement, the parties shall execute and record a release of such memorandum. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date and year first above written. CITY OF DUBLIN By: __________________________ Linda Smith, City Manager Attest: ________________________ Caroline P. Soto, City Clerk Approved as to form ________________________ John D. Bakker, City Attorney DEVELOPER Crystal Bay Development LLC __________________________ By: Its: 3455641.6 4.7.c Packet Pg. 110 At t a c h m e n t : 3 . E x h i b i t A t o t h e R e s o l u t i o n – F i r s t A m e n d m e n t t o C i t y o f D u b l i n C o m m u n i t y B e n e f i t P r o g r a m A g r e e m e n t ( C B A F i r s t A m e n d m e n t Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Review of Proposed Terms to Extend the Solid Waste Collection Services Agreement Prepared by: Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will receive an update on the City's negotiations with Amador Valley Industries, LLC on an extension to the Collection Services Agreement. The finalized agreement will be brought back to the City Council for approval in June. STAFF RECOMMENDATION: Receive the report and provide direction, if necessary. FINANCIAL IMPACT: This report is meant as a primer for the extension to the agreement between the City and Amador Valley Industries, LLC, which will be brought to the City Council in June 2020. Incorporation of the tentative deal terms into the contract extension results in an estimated rate increase of 18% in the first year. The residential garbage and recycling services fees are collected on the property tax bill as an annual assessment; all other customers are billed directly. DESCRIPTION: Background On December 6, 2004, the City Council approved a Collection Services Agreement with Amador Valley Industries, LLC (AVI) for the collection and disposal of solid waste in the City of Dublin. The original contract term was seven years, expiring June 30, 2012. Since then, five amendments to the agreement have been executed to include, among other things, collection of recyclable materials produced by commercial units, provision of large item collection services, adjustments to the compensation model and franchise payments, and collection of an annual community benefit payment for small business assistance. On June 1, 2010, the City Council extended the term of the agreement for 5.1 Packet Pg. 111 Page 2 of 4 an additional eight years, terminating on June 30, 2020. At the meeting of August 21, 2018, the City Council discussed a request by AVI to begin negotiations with the City to extend the agreement again in order to make necessary investments in new equipment over the next several years. The City Council directed Staff to bring back a review of the existing contract arrangement, along with a brief discussion of potential focus areas of contract negotiations. That item was brought back to the City Council on November 8, 2018, highlighting the main components that would be included in a contract extension, including capital equipment replacement, operational cost increases, and incorporation of future local and state requirements. The City Council then directed Staff to proceed with negotiations on a contract extension. Goal and Approach The City’s objective for the contract extension was to continue to keep customer rates low while engaging in a long-term agreement that considers current and future challenges facing the refuse and recycling industry, and that adds or enhances programs to help the City increase diversion rates. Additionally, it has become clear that the original approach to the contract, w hich allowed for the establishment of a blended baseline cost with annual adjustments based on various factors, is no longer a realistic approach in the current waste management market. While this approach did work for a time, it becomes problematic in th at it assumes long-term predictability in how a hauler operates and disposes of material. In fact, the recycling markets have become increasingly volatile and unpredictable, and the costs to dispose of certain materials have increased. In 2017, local disposal sites stopped paying for recycling as the commodities market dwindled, leading AVI to absorb large disposal costs with no offsetting revenue. This subsequently led to their request for an extraordinary rate adjustment, which was approved by the City Co uncil in June 2019. In addition to market volatility, there have been state and local legislative changes in recent years related to the handing of certain recyclable material and compostable waste, and programs that support diversion efforts. In short, locking AVI into a 15-year contract that incorporates assumptions about uncontrollable and volatile factors would result in a rate increase more than double the amount that Staff and AVI are now projecting with a new model. The New Model The new model is hybrid of annual rate adjustments, component cost separation, and regular financial reviews. The important distinction with the hybrid model is that the cost elements in the service agreement are more separated rather than blended, and while the baseline amounts would continue to be adjusted annually, a third-party administrator would review costs and revenues every three years to confirm reasonableness and to ensure that an industry standard level of operating margin is being maintained by AVI. This type of contact is now the predominate form used in the industry, due to the previously discussed issues. The method of the financial review would be formalized once a third-party consultant is chosen and brought under contract. 5.1 Packet Pg. 112 Page 3 of 4 The following is a brief summary of the new, changed, or expanded cost elements and programs included in the proposed contract extension. New Cost Components 1. Recycling Disposal and Organics Disposal Elements – These new elements will be cost neutral, simply shifting costs that would have otherwise been factored into various other elements. The proposed methodology will protect the Dublin rate payers should the recycling markets rebound and AVI is able to sell their goods once again. If this does occur, Dublin customers will receive a credit toward their rates. In the second year of the agreement City staff and AVI will reconcile the estimated cost for recycling and organics disposal versus the actual cost and make an adjustment to be applied during the next rate adjustment. 2. Fleet/Asset Replacement Element – The largest single cost associated with the contract extension is the replacement of two-thirds of AVI’s fleet in the first year. These costs will be tracked as a separate element and will not be adjusted annually. AVI will continue to utilize natural gas vehicles with their upcoming replacements, but the contract will include language relating to the future consideration of alternative fuel vehicles. New Programs The mandates being implemented by the county and the state include the requirement to improve the local diversion rate, or the amount of waste that is diverted from garbage landfills. The proposed agreement extension with AVI will increase the minimum diversion requirement from the current 50% to 75% within five years. T o help with this effort, City staff has requested that the following new/expanded programs be included: 1. Expanded Large Item Pick-Up – This will focus on outreach and assistance to Multi-Family Dwellings that may be underutilizing the service. 2. Quarterly Residential Textile Collection – Under this program, AVI will work with charities and local companies to recycle and re-use textiles. 3. Enclosure Clean-Up – This will focus on the cleaning of overflowing bins and working with customers to proactively address the issue. 4. Collection of Illegally Dumped Material in the City Right-A-Way – This will focus on the prompt identification and removal of material illegally dumped on City property. Mandatory Recycling Ordinance (MRO) On June 19, 2019, the City Council approved opting into Alameda County Waste Management Authority’s MRO Phase II, which places requirements on businesses and multi-family property owners regarding the handling of certain recyclable material and compostable waste. Participation in the MRO gives City staff, Dublin businesses, and AVI time to expand waste diversion programs before additional state mandates are enacted. As the program continues to expand, additional AVI resources have become 5.1 Packet Pg. 113 Page 4 of 4 necessary, including another hauler and increased staff time. These costs are now being incorporated into the agreement extension. The costs associated with the MRO will be tracked separately and adjusted as necessary every three years. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 5.1 Packet Pg. 114 Page 1 of 7 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Tassajara Road Alignment Project - General Plan Amendment, Eastern Dublin Specific Plan Amendment, Introduce Ordinance Establishing Precise Alignment of Right-of-way Lines Prepared by: Erwin Ching, Associate Civil Engineer EXECUTIVE SUMMARY: The City Council will hold a public hearing to hear comments and to consider approving a General Plan Amendment and an Eastern Dublin Specific Plan Amendment related to the Tassajara Road Alignment Project, reducing the number of travel lanes from six lanes to four lanes and to consider introducing an ordinance to establishing a precise alignment of the right-of-way lines for Tassajara Road between Palisades Drive to the Alameda-Contra Costa County Limit Line. The project is proposing to reduce the ultimate right-of-way width of Tassajara Road between North Dublin Ranch Drive to the Alameda-Contra Costa County limit line and to revise the alignment of Tassajara Road from Palisades Drive to the Alameda-Contra Costa County limit line to allow for future construction of Tassajara Road as a four-lane arterial. The new alignment will improve traffic safety within both the City of Dublin and in Contra Costa County when future construction is completed. STAFF RECOMMENDATION: Conduct the public hearing, deliberate and take the following actions: a) Adopt the Resolution Amending the General Plan and the Eastern Dublin Specific Plan related to the Tassajara Road Alignment Project; b) Waive the reading and INTRODUCE the Ordinance to Establish Right-of-Way Lines for Tassajara Road between Palisades Drive to the Alameda-Contra Costa County Limit Line. FINANCIAL IMPACT: The Tassajara Road Alignment Project consists of two separate projects in the approved 2018-2023 Capital Improvement Program (CIP), the Tassajara Road Realignment and Widening Project (ST0116) and Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (ST0119). The Tassajara Road Realignment and Widening Project (ST0116) is part of a larger 6.1 Packet Pg. 115 Page 2 of 7 multijurisdictional Tassajara Road/Camino Tassajara realignment project that extends from Palisades Drive in the City to Windemere Parkway in Contra Costa County. The City’s share of the total project’s estimated cost is $12.5 million, which Staff anticipates being funded by State Gas Tax, Road Maintenance and Rehabilitation Account (SB -1) funds, and Traffic Impact Fees. The estimated cost for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project (ST0119) is $7.5 million, which Staff anticipates being funded by State Gas Tax, Traffic Impact Fees, and the Tri -Valley Transportation Development (TVTD) Fees. There is no impact to the General Fund. DESCRIPTION: Background The General Plan and the Eastern Dublin Specific Plan identify Tassajara Road as a six- to eight-lane arterial roadway linking several developments in Eastern Dublin with Contra Costa County (County) to the north, where the roadway name changes to Camino Tassajara, and the I-580 freeway and City of Pleasanton to the south. In 1999 and 2004, the City adopted right-of-way lines for Tassajara Road, between I-580 and the northern boundary of Dublin Ranch Phase 1 as Ordinance No. 20-99 and between the northern boundary of Dublin Ranch Phase 1 to Alameda - Contra Costa County limit line as Ordinance No. 21-04. In coordination with Contra Costa County, a revised alignment of Tassajara Road/Camino Tassajara was proposed between Palisades Drive in the City and Windemere Parkway in the County, to improve the existing horizontal alignment and to improve traffic safety. A conceptual alignment was included as an alternative within the Vesting Tentative Tract Map for the Moller Ranch (now Tassajara Hills) development project, which was approved by the Planning Commission on November 27, 2012, as Planning Commission Resolution No. 12-45. On February 16, 2016, the City Council approved the addition of the Tassajara Road Realignment and Widening Project into the Five-Year Capital Improvement Program and directed Staff to proceed with the preliminary design of a revised alignment of Tassajara Road, which includes four lanes, instead of six lanes, north of North Dublin Ranch Drive. The reduction from six lanes to four lanes was supported by a study initiated by the City and Contra Costa County, “Tassajara Road/Camino Tassajara Capacity Analysis” (Traffic Analysis), which was based on up-to-date land-use estimates along with refined street network data anticipated in the Eastern Dublin Specific Plan (EDSP) and in the Eastern Dublin EIR. The Traffic Analysis concluded that reducing Tassajara Road/Camino Tassajara from six to four lanes (two in each direction) between North Dublin Ranch Drive in the City and Windemere Parkway in the County (Figure 1) would result in similar levels-of-service at intersections, minimal traffic diversion to other roads, and minimal increase in travel times compared to a six -lane configuration. 6.1 Packet Pg. 116 Page 3 of 7 FIGURE 1 On February 11, 2020, the Planning Commission conducted a public hearing and adopted Resolution No. 20-03 (Attachment 5) recommending that the City Council adopt a Resolution amending the General Plan and the Eastern Dublin Specific Plan related to the Tassajara Road Alignment Project. At the same meeting, the Planning Commission adopted Resolution No. 20-04 (Attachment 6) recommending that the City Council consider an Initial Study/California Environmental Quality Act Addendum (IS/CEQA Addendum) prepared for the Tassajara Road Alignment Project and adopt a Resolution of Intention to establish a precise alignment for the future right -of-way lines for Tassajara Road between Palisades Drive and the Alameda -Contra Costa County limit line. Planning Commission meeting minutes are included as Attachment 7. 6.1 Packet Pg. 117 Page 4 of 7 On March 3, 2020, the City Council considered the IS/CEQA Addendum for the Tassajara Road Alignment Project (Project) and determined that the Project does not result in any new significant impacts or substantially increase the severity of any significant impacts identified in previous CEQA documents. Resolution 17 -20 (Attachment 8) was then adopted, a Resolution of Intention to establish the precise alignment of future right-of-way lines for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit. The Resolution of Intention set a Public Hearing for the March 17, 2020 City Council meeting. However, the March 17, 2020 City Council meeting was subsequently cancelled by the proclamation of a local emergency due to the COVID-19 outbreak. On April 7, 2020, the City Council once again considered adopting a Resolution of Intention to establish the precise alignment for the right-of-way lines for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit and set a public hearing date to hear protests and objections on April 21, 2020 (Attachment 9). At the meeting, the City Council will consider introducing an Ordinance to establish the precise alignment for the right-of-way lines for the segment of Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit and consider amendments to the General Plan and Eastern Dublin Specific Plan. ANALYSIS: General Plan / Eastern Dublin Specific Plan Amendments The Project is not proposing any changes to the land use designations in the General Plan and EDSP. The only proposed change to the General Plan and EDSP is a programmatic change in the number of ultimate travel lanes on Tassajara Road between North Dublin Ranch Drive to the Alameda-Contra Costa County Limit Line (Figure 1). Based on the Traffic Analysis and associated environmental review, Staff recommends reducing the number of lanes from the current six-lane roadway to a four-lane roadway (two lanes in each direction). In addition to this change Staff is recommending some minor amendments to address text in the General Plan and EDSP Chapters 5 and 7, included in the City Council Resolution amending the General Plan and EDSP (Attachment 1). The proposed four-lane roadway falls within adopted right-of-way lines as established by Ordinance No. 20-99 and Ordinance No. 21-04, except for the segment of Tassajara Road north of Palisades Drive where a revised alignment is being proposed. The reduction in the number of travel lanes would result in anticipated benefits that include a lowered cost to acquire land and to construct the roadway, lesser impacts to private properties from a narrower right-of-way width, and fewer potential impacts to the natural environment. Establishment of Right-of-Way Lines Chapter 7.68 of the Dublin Municipal Code allows for the establishment of right -of-way lines for purposes of future roadway extension, widening, or creation of space for future utilities, pedestrian pathways, fire and police emergency access to property, and all 6.1 Packet Pg. 118 Page 5 of 7 public right-of-way. The Municipal Code requires the City Council to conduct a public hearing to hear public testimony, review the proposed right -of-way lines, deliberate, and consider establishing the right-of-way lines by ordinance (Attachment 3). Only one parcel will be affected by the proposed revised alignment and the impact on this parcel is approximated in Table 1 below. The legal description and plat map of the required right-of-way acquisition on this parcel is attached as Attachment 4. TABLE 1 Assessor’s Parcel Number Property Owner Right-of-Way Acquisition in Square Feet (SF) 986-0004-001-00 Singh Family Properties LP 28,696 SF The roadway alignments in the General Plan and in the Eastern Dublin Specific Plan (EDSP) are approximate rather than exact. The proposed right-of-way lines would create precise alignment for Tassajara Road which is currently depicted in the General Plan and EDSP, and no change to the land use designations would occ ur. Therefore, the proposed right-of-way lines for Tassajara Road from Palisades Drive to the northern City limit would be consistent with the General Plan and EDSP. The preliminary design of the roadway would also be consistent with the General Plan and E DSP, as amended, in terms of features such as sidewalks, vehicle travel lanes, and medians. The Project is also consistent with the City of Dublin Bicycle and Pedestrian Master Plan (Master Plan) in that it would help implement the planned bicycle and pede strian facility improvements envisioned within the Master Plan and facilitate future bicycle and pedestrian travel. Proposed Roadway Improvements Tassajara Road currently has two segments to be improved north of North Dublin Ranch Drive (Figure 2). The southerly segment, Segment 1, is from a point located north of North Dublin Ranch Drive to the Quarry Lane School/Rutherford Drive intersection. The northerly segment, Segment 2, is proposed for a revised alignment and extends from Palisades Drive to the northern City limit. Both Segment 1 and Segment 2 consist of a two-lane undivided roadway and will be widened into a four-lane divided roadway. The future road will include sidewalks, bicycle lanes, traffic signals, and raised medians. The right-of-way widths will vary between 108 feet and 110 feet. 6.1 Packet Pg. 119 Page 6 of 7 FIGURE 2 The design and construction of the road improvements for both Segment 1 and Segment 2 have been incorporated into the City’s CIP as separate projects (CIP No. ST0116 and CIP No. ST0119) (Attachment 11). Final design of Segments 1 and 2 is anticipated to begin in Spring 2020. Segment 2 is planned as a joint project between the City and Contra Costa County, as the realigned roadway continues into Contra Costa County. Adoption of an ordinance to establ ish the proposed right-of-way lines for Tassajara Road will facilitate the design, right-of-way acquisition, and eventual construction of roadway improvements for Segment 2. These projects would be subject to applicable Mitigation Measures from earlier C EQA documents. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Community Development Department, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the Project and provided comments where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A public notice was mailed to property owners of the project area in Dublin. Public agencies and interested parties were also notified. The public notice was published in 6.1 Packet Pg. 120 Page 7 of 7 East Bay Times and posted at several locations throughout the City. As required by the Dublin Municipal Code, Chapter 7.68, the Resolution of Intention to establish Right-Of Way Lines for the Project was published and posted along the proposed precise alignment on Tassajara Road to give notice to interested parties of the proposed Right-Of-Way ordinance. Consistent with section 65352.3 of the California Government Code, t he City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. On February 14, 2020, one of the tribes responded to the City with an inquiry related to the Project . Staff has responded to the inquiry and informed the tribe of the dates and locations of the public hearings related to the Project. ATTACHMENTS: 1. Resolution Amending the General Plan and Eastern Dublin Specific Plan Related to the Tassajara Road Alignment Project 2. Exhibit 1 to Resolution 3. Ordinance to Establish Precise Alignment for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit Line 4. Exhibit A to Ordinance - Legal Description and Plat Map 5. Project Location 6. Planning Commission Resolution No. 20-03 7. Planning Commission Resolution No. 20-04 8. Planning Commission Meeting Minutes - February 11, 2020 9. Resolution No. 17-20 - Resolution of Intention adopted March 3, 2020 10. Resolution No. 20-20 - Resolution of Intention to Establish Right-Of-Way Lines - adopted April 7, 2020 11. CIP No. ST0116 and CIP No. ST0119 Project Budgets 6.1 Packet Pg. 121 1 RESOLUTION NO. xx-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN _____________________________________________________ AMENDING THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN RELATED TO THE TASSAJARA ROAD ALIGNMENT PROJECT WHEREAS, the City of Dublin adopted Right-Of-Way Lines for Tassajara Road by Ordinance No. 20-99 and Ordinance No. 21-04; and WHEREAS, on May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (Eastern Dublin Environmental Impact Report, SCH #91103064) (the “1993 EIR”) that analyzed the ultimate development of Tassajara Road at six travel lanes; and WHEREAS, in 2004, the Dublin City Council adopted an Initial Study/Mitigated Negative Declaration for a precise alignment of a future six-lane major roadway within the Eastern Dublin Planning Area (Tassajara Road/Fallon Road Ultimate Road Right-of-Way Alignment Initial Study/Mitigated Negative Declaration, SCH #2004042008) (the “2004 IS/MN”); and WHEREAS, the existing General Plan and Eastern Dublin Specific Plan designate a six- to eight-lane roadway of Tassajara Road; and WHEREAS, in accordance with Municipal Code Chapter 7.68, the City of Dublin has proposed a revised alignment for portions of Tassajara Road that differs slightly from the alignment previously approved in May 2004 (the “Project”); and WHEREAS, the Project includes a programmatic change in the number of ultimate travel lanes from six lanes to four lanes for the portion of Tassajara Road as depicted on Exhibit 1, attached to this Resolution and hereby incorporated by reference; and WHEREAS, the affected segment of Tassajara Road is between Palisades Drive and the Alameda-Contra Costa County limit line; and WHEREAS, to complete the Project, the alignment of right-of-way lines on Tassajara Road between Palisades Drive and Alameda -Contra Costa County line must be adjusted; and WHEREAS, the right-of-way lines are appropriate and compatible with the existing and planned land uses and will not overburden public services; and WHEREAS, no changes to land use designations and land use provisions of the General Plan and Eastern Dublin Specific Plan (EDSP) are proposed; and WHEREAS, the properties through which the proposed right-of-way lines pass are within the boundary of the EDSP and therefore will be encompassed by, and consistent with, the General Plan; and 6.1.a Packet Pg. 122 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 2 WHEREAS, precise alignment for the future right-of-way lines will not have a substantial adverse effect on safety or be substantially detrimental to the public welfare or be injurious to property or public improvements; and WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, Dublin has completed an Initial Study/CEQA Addendum (the “Addendum”) for the Project as shown in the Addendum for the Tassajara Road Ultimate Right-Of-Way Alignment Project prepared by Jerry Haag on January 2020 and incorporated by reference as if fully set forth herein; and WHEREAS, the Addendum concluded that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in 1993 EIR or the 2004 IS/MN and no other CEQA standards for supplemental review are met; and 6.1.a Packet Pg. 123 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 3 WHEREAS, consistent with section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan Amendment. On February 14, 2020, one of the tribes responded to the City with an inquiry related to the Project. Staff responded to the inquiry; and WHEREAS, on February 11, 2020, the Planning Commission adopted Resolution 20-03 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments and the entirety of the Project, which resolution is incorporated herein by reference and available for review by contacting the Public Works Director; and WHEREAS, the Dublin Planning Commission considered the Addendum as well as the 1993 EIR and 2004 IS/MN referenced above, before taking action on the Project, and the Planning Commission did further hear and consider all said reports, recommendations, and testimony hereinabove as set forth before taking any action; and WHEREAS, on March 3, 2020, the City Council adopted Resolution No. 17-20 considering the Addendum and setting a public hearing on the proposed right-of-way for 7:00 p.m. on March 17, 2020, but the City Council’s regular meeting on March 17, 2020 was cancelled; and WHEREAS, on April 7, 2020, in light of the March 17, 2020 meeting cancellation, the City Council again reviewed and considered the Addendum and adopted Resolution of Intention 20-20, to establish the precise alignment for the right-of-way lines for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit Line and calling for a public hearing pursuant to Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code, at 7:00 p.m. on April 21, 2020, in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin, California or at a telephonic or electronic place, if such meeting is held pursuant to the authority granted by Executive Order N-29-20, to hear protests and objections to the establishment of the proposed Right-Of-Way lines; and WHEREAS, a Staff Report, dated April 21, 2020 and incorporated herein by reference, described and analyzed the Project, including the proposed Right-Of-Way Lines, the General Plan and EDSP Amendments, and the Addendum, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the proposed General Plan and Eastern Dublin Specific Plan amendments, on April 21, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council considered the Addendum and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan and Eastern Dublin Specific Plan amendments, as set forth below, are in the public interest, will promote general health, safety and welfare, and that the General Plan as amended will remain internally consistent. The proposed project is consistent with the guiding and implementing 6.1.a Packet Pg. 124 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 4 policies of the General Plan in each of the Elements and will allow for the continued implementation of the General Plan and Eastern Dublin Specific Plan. The General Plan amendments noted below will ensure that the implementation of the proposed project is in compliance with the General Plan and that each Element within the Gene ral Plan is internally consistent. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the General Plan: Table 5-1 shall be amended to read as follows: ROADWAY IMPROVEMENT DESCRIPTION Fallon Road Widening Widening of Fallon Road to six lanes from Positano Parkway to Dublin Boulevard. Tassajara Road Widening Widening of Tassajara Road to four lanes between the Alameda -Contra Costa County line to North Dublin Ranch Drive. Tassajara Road Widening Widening of Tassajara Road to six lanes between North Dublin Ranch Drive to Dublin Boulevard. Tassajara Road Widening Widening of Tassajara Road to eight lanes between Dublin Boulevard and 1-580 westbound ramps. Dublin Blvd Widening Widening of Dublin Boulevard to six lanes from Brannigan Street to Fallon Road. Dublin Blvd Extension Dublin Boulevard six lane extension, from Fallon Road to Croak Road. Dublin Blvd Extension Dublin Boulevard four lane extension, from Croak Road to North Canyons Parkway Arnold Road Widening Widening Arnold Road to four lanes from Dublin Blvd to Central Parkway. Hacienda Drive Widening Widening Hacienda Drive to six lanes from Dublin Boulevard to Central Parkway. Hacienda Drive Widening Widening Hacienda Drive to four lanes from Central Parkway to Gleason Road. Scarlett Court Extension Extend/Widen Scarlett Drive to four lanes from Dublin Boulevard to Dougherty Road. Grafton Street Completion Completion of Grafton Street between Central Parkway and Dublin Boulevard. Fallon Road Widening Widening of Fallon Road to four lanes from Tassajara Road to Silvera Ranch Drive. 6.1.a Packet Pg. 125 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 5 Central Pkwy Extension Central Parkway two lane extension, from Fallon Road to Croak Road. Dougherty Road Widening Widening Dougherty Road to six lanes from Sierra Court to City limits. St. Patrick Way Extend St. Patrick Way from Regional Street to connect to its current terminus west of Golden Gate Drive. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the Eastern Dublin Specific Plan: Section 5.1.1 – TASSAJARA ROAD shall be amended to read as follows: Tassajara Road is a major north -south arterial in the City of Dublin. Tassajara Road is a two-lane undivided arterial between the Alameda - Contra Costa County line to North Dublin Ranch Drive and from North Dublin Ranch Drive to I -580 it is currently a four to five lane facility. Section 5.2.2 NORTH -SOUTH CIRCULATION, fifth Paragraph, shall be amended to read as follows: Tassajara Road will be the major north -south road through Tassajara Village Center, Foothill Residential, Tassajara Gateway and Town Center carrying substantial traffic from both the planning area and beyond into the retail core. Tassajara Road will meet the northern portion of Tassajara Road and Fallon Road at an intersection. The plan concentrates residential and employment users along Tassajara Road to encourage transit use for local a nd regional travel. The minimum right of way from I - 580 to Dublin Boulevard shall be 152 feet. North of Dublin Boulevard to North Dublin Ranch Drive the minimum right -of-way shall be 128 feet, and North Dublin Ranch Drive to the Alameda-Contra Costa County limit line varies between 108 feet to 110 feet. Additional right -of-way will be needed for transitions and additional turn lanes. Section 5.2.7 ARTERIAL STREETS shall be amended to read as follows: The arterial streets in East Dublin are designed to carry very high traffic volumes with a minimum of interference from connecting traffic. The major arterial streets include Dublin Boulevard, as well as Hacienda Drive, Tassajara Road and Fallon Road. In general, these streets will provide six through lan es, with up to eight through lanes for short street sections connecting directly to a freeway interchange. Dublin Boulevard between Croak Road and North Canyons Parkway in Livermore will be a four -lane roadway. Tassajara Road between the Alameda -Contra Costa County limit line and North Dublin Ranch Drive will be a four -lane roadway. Access to arterials will be permitted only at signalized intersections with arterial or collector streets, or at selected controlled locations with the approval of the Directo r of Public Works. Section 7.5.2 STREETS shall be amended to read as follows: TASSAJARA ROAD • No on-street parking 6.1.a Packet Pg. 126 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 6 • Signalized intersections based on current and projected traffic flows and CalTrans Traffic Signal Warrant Standards FROM SOUTH OF GLEASON ROAD TO I-580 • 14’ median with large canopy tree • 20’ from curbline to ROW line includes canopy tree and secondary tree, sidewalk or pedestrian/bike path. Sidewalk may be widened and the secondary tree eliminated where buildings are built at the 10’ set bac k line. (See Figure 7.40) FROM GLEASON ROAD TO NORTH DUBLIN RANCH DRIVE • Six lane arterial street • 38’ landscaped median with 24’ for future lanes • 20’ from curbline to ROW line includes large canopy tree and 8 -foot sidewalk or bike/pedestrian path • 10’ landscaped setback outside ROW FROM NORTH DUBLIN RANCH DRIVE TO THE ALAMEDA-CONTRA COSTA COUNTY LIMIT LINE • Four lane arterial street • 16’ landscaped median • 10’ landscaped setback outside ROW • 10’ to 20’ from curbline to ROW line includes canopy tree and secondary tree and 6' to 10’ sidewalk or bike/pedestrian path. Sidewalk may be widened and the secondary tree eliminated where buildings are built at the 10’ set back line. PASSED, APPROVED, AND ADOPTED this ____ day of __________, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk 6.1.a Packet Pg. 127 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e G e n e r a l P l a n a n d E a s t e r n D u b l i n S p e c i f i c P l a n R e l a t e d t o t h e T a s s a j a r a R o a d A l i g n m e n t P r o j e c t 6.1.b Packet Pg. 128 At t a c h m e n t : 2 . E x h i b i t 1 t o R e s o l u t i o n ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) ORDINANCE NO. __-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN TO ESTABLISH RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND THE ALAMEDA-CONTRA COSTA COUNTY LIMIT LINE WHEREAS, the City Council Adopted Resolution No. 20-20 on April 7, 2020, calling for a public hearing pursuant to the provisions of Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code on April 21, 2020, at 7:00 p.m., in the City Council Chambers, 100 Civic Plaza, Dublin, California, or at a telephonic or electronic place, if such meeting is held pursuant to the authority granted by Executive Order N -29-20, to hear protests and objections to the establishment of right-of-way lines for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit; and WHEREAS, notice of said public hearing was duly given; and WHEREAS, no written objections were received by the City Clerk prior to the public hearing on April 21, 2020; and WHEREAS, the City Council did hear and pass upon all protests or objections filed, and denies any and all objections; and NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: SECTION 1: Pursuant to Dublin Municipal Code Chapter 7.68, the ultimate right-of-way lines are hereby established for Tassajara Road between Palisades Drive and the Alameda-Contra Costa County Limit Line, according to the Legal Description and Plat Map, attached hereto as Exhibit A, said Exhibit herein incorporated. SECTION 2: The effect of said right-of-way lines shall be governed by the provisions of Dublin Ordinance No. 44-87, as amended. SECTION 4: Effective Date and Posting of Ordinance This Ordinance shall become effective thirty (30) days from and after its final passage and adoption by the City Council. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 6.1.c Packet Pg. 129 At t a c h m e n t : 3 . O r d i n a n c e t o E s t a b l i s h P r e c i s e A l i g n m e n t f o r T a s s a j a r a R o a d b e t w e e n P a l i s a d e s D r i v e a n d t h e A l a m e d a - C o n t r a C o s t a C o u n t y PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 21st day of April, 2020, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 3507178.1 6.1.c Packet Pg. 130 At t a c h m e n t : 3 . O r d i n a n c e t o E s t a b l i s h P r e c i s e A l i g n m e n t f o r T a s s a j a r a R o a d b e t w e e n P a l i s a d e s D r i v e a n d t h e A l a m e d a - C o n t r a C o s t a C o u n t y 6.1.d Packet Pg. 131 At t a c h m e n t : 4 . E x h i b i t A t o O r d i n a n c e - L e g a l D e s c r i p t i o n a n d P l a t M a p ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.d Packet Pg. 132 At t a c h m e n t : 4 . E x h i b i t A t o O r d i n a n c e - L e g a l D e s c r i p t i o n a n d P l a t M a p ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.d Packet Pg. 133 At t a c h m e n t : 4 . E x h i b i t A t o O r d i n a n c e - L e g a l D e s c r i p t i o n a n d P l a t M a p ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.e Packet Pg. 134 At t a c h m e n t : 5 . P r o j e c t L o c a t i o n ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 135 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 136 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 137 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 138 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 139 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 140 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 141 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 142 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 143 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 144 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 145 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.f Packet Pg. 146 At t a c h m e n t : 6 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 3 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 147 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 148 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 149 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 150 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 151 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 152 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 153 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 154 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 155 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.g Packet Pg. 156 At t a c h m e n t : 7 . P l a n n i n g C o m m i s s i o n R e s o l u t i o n N o . 2 0 - 0 4 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.h Packet Pg. 157 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n M e e t i n g M i n u t e s - F e b r u a r y 1 1 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.h Packet Pg. 158 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n M e e t i n g M i n u t e s - F e b r u a r y 1 1 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.h Packet Pg. 159 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n M e e t i n g M i n u t e s - F e b r u a r y 1 1 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 6.1.h Packet Pg. 160 At t a c h m e n t : 8 . P l a n n i n g C o m m i s s i o n M e e t i n g M i n u t e s - F e b r u a r y 1 1 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) RESOLUTION NO. 17-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CONSIDER AN INITIAL STUDY/CEQA ADDENDUM AND ADOPT A RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND ALAMEDA-CONTRA COSTA COUNTY LIMIT LINE WHEREAS, the City of Dublin adopted Right-Of-Way Lines for Tassajara Road by Ordinance No. 20-99 and Ordinance No. 21-04; and WHEREAS, on May 10, 1993, the Dublin City Council adopted Resolution No. 51-93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (Eastern Dublin Environmental Impact Report, SCH #91103064) (the "1993 EIR") that analyzed the ultimate development of Tassajara Road at six travel lanes; and WHEREAS, in 2004, the Dublin City Council adopted an Initial Study/Mitigated Negative Declaration for a precise alignment of a future six-lane major roadway within the Eastern Dublin Planning Area (Tassajara Road/Fallon Road Ultimate Road Right-of-Way Alignment Initial Study/Mitigated Negative Declaration, SCH #2004042008) (the "2004 IS/MN"); and WHEREAS, in accordance with Municipal Code Chapter 7.68, the City of Dublin has proposed a revised alignment for portions of Tassajara Road that differs slightly from the alignment previously approved in May 2004 (the "Project"); and WHEREAS, the Project includes a programmatic change in the number of ultimate travel lanes from six lanes to four lanes for the portion of Tassajara Road as depicted on Exhibit 1, attached to this Resolution and hereby incorporated by reference; and WHEREAS, the affected segment of Tassajara Road is between Palisades Drive and the Alameda-Contra Costa County limit line; and WHEREAS, to complete the Project, the alignment of Right-Of-Way Lines on Tassajara Road between Palisades Drive and Alameda-Contra Costa County line must be adjusted; and WHEREAS, the Right-Of-Way Lines are appropriate and compatible with the existing and planned land uses and will not overburden public services; and WHEREAS, the properties through which the proposed Right-Of-Way Lines pass are within the boundary of Eastern Dublin Specific Plan and therefore will be encompassed by, and consistent with, the General Plan; and WHEREAS, precise alignment for the future Right-Of-Way Lines will not have a substantial adverse effect on safety or be substantially detrimental to the public welfare or be injurious to property or public improvements; and Reso No. 17-20, Item 7.1, Adopted 03/03/20 Page 1 of 3 6.1.i Packet Pg. 161 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1.Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2.Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3.New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a.The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b.Significant effects previously examined will be substantially more severe than shown in the previous EIR; c.Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d.Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative; and WHEREAS, Pursuant to CEQA and the CEQA Guidelines, Dublin has completed an Initial Study/CEQA Addendum (the "Addendum") for the Project as shown in the Initial Study/CEQA Addendum for the Tassajara Road Ultimate Right-Of-Way Alignment Project prepared by Jerry Haag on January 2020 is incorporated by reference as if fully set forth herein; and WHEREAS, the Addendum concluded that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in 1993 EIR or the 2004 IS/MN and no other CEQA standards for supplemental revisions are met; and WHEREAS, the Planning Commission, after hearing and considering all said reports, recommendations and testimony at a public hearing on February 11, 2020, adopted Resolution 20-04, recommending that the City Council adopt a Resolution of Intention. Reso No. 17-20, Item 7.1, Adopted 03/03/20 Page 2 of 3 6.1.i Packet Pg. 162 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) NOW, THEREFORE, BE IT RESOLVED that Pursuant to CEQA and the CEQA Guidelines, on the basis of substantial evidence set forth in the record, including but not limited to, the 1993 EIR, the 2004 IS/MN, the Addendum, and all related information presented to the City Council, that the environmental effects of the proposed Project were sufficiently analyzed and that an Addendum is the appropriate environmental document for the proposed Project. BE IT FURTHER RESOLVED that the Project will not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the previous CEQA documents and no further environmental review under CEQA is required. BE IT FURTHER RESOLVED that the City Council hereby adopts this Resolution of Intention and calls for a public hearing pursuant to Sections 7.68.080 through 7.68.100 of the Dublin Municipal Code, at 7:00 p.m. on March 17, 2020, in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin, California, to hear protests and objections to the establishment of the proposed Right-Of-Way lines as depicted on the legal description and plat attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is directed to post this Resolution of Intention in accordance with Section 7.68.070 of the Dublin Municipal Code at least 10 days before the public hearing. PASSED, APPROVED, AND ADOPTED this 3rd day of March 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Reso No. 17-20, Item 7.1, Adopted 03/03/20 Page 3 of 3 6.1.i Packet Pg. 163 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) MEDP6 CO 141V COSH . 0 C%" % t f LEGEND: SEGMENT OF FUTURE TASSAJARA RD. THAT WILL BE REDUCED FROM 6- TO 4-LANES w PROPOSED REVISED ALIGNMENT OF TASSAJARA ROAD PALISADES DR. IL4, R4 ANE TASSAJARA N. DUBLIN ROAD RANCH DR. S. DUBLIN RANCH DR. b LANES GLEASC N DR. CENTRAL PKWY. E DUBLIN BLVD, B LAN ES— _- Source: City of Dublin it N I-580 v . 6.1.i Packet Pg. 164 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) 19702-020 1/2S/2020 Page 1 of 3 EXHIBIT A DESCRIPTION LANDS OF SINGH FAMILY PROPERTIES LP TO BE CONVEYED TO THE CITY OF DUBLIN FOR TASSAJARA ROAD WIDENING DUBLIN, CALIFORNIA ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF SINGH FAMILY PROPERTIES LP, AS DESCRIBED IN DOCUMENT SERIES NO. 2006392818, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH CORNER OF PARCEL B OF THAT CERTAIN MAP ENTITLED "TRACT NO. 8133" RECORDED IN BOOK 343 OF MAPS AT PAGES I 1 THROUGH 19, ALAMEDA COUNTY RECORDS, COMMON TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF TASSAJARA ROAD, SAID POINT ALSO BEING ON THE EASTERLY LINE OF SAID LANDS OF SINGH FAMILY PROPERTIES LP, TFIENCE ALONG SAID WESTERLY LINE OF SAID TASSAJARA ROAD, ALONG A NON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 833.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 56053'23" EAST, HAVING A CENTRAL ANGLE OF 18013144" AND AN ARC LENGTH OF 265.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY LINE THF, FOLLOWING TWO (2) COURSES: 1. ALONG ANON -TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 833.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 75°07'07" EAST, HAVING A CENTRAL ANGLE OF 20057'08" AND AN ARC LENGTH OF 304.62 FEET; 2. NORTH 06004115" EAST, 72.56 FEET TO TFIE NORTHEAST CORNER OF SAID LANDS OF SINGH; THENCE ALONG THE NORTHERLY LINE OF SAID LANDS OF SINGH FAMILY PROPERTIES LP THE FOLLOWING TWO (2) COURSES: 1, SOUTH 73050'31" WEST, 4.78 FEET; 2. THENCE SOUTH 73 052'02" WEST, 162.51 FEET; THENCE LEAVING SAID NORTHERLY LINE AND ENTERING SAID LANDS OF SINGH FAMILY PROPERTIES LP THE FOLLOWING TWO (2) COURSES: 1. SOUTH 25042'31"EAST, 368.54 FEET; 2. NORTH 75007'07" EAST, 16.99 FEET TO THE POINT OF BEGINNING. CONTAINING 28,696 SQ, FT MORE OR LESS PORTION OF APN 986-0004-001-00 END OF DESCRIPTION P:\19702\SRV\Mapping\Desc\19702_ROW DEDICATION-7.doc 6.1.i Packet Pg. 165 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) PREPARED BY: IAN B CE 1VjAj'DONALD LICEN EDL44D SURVEYOR NO.8817 STATE CALIFORNIA Zqy DATE 9702-020 1/2S/2020 Page 2 of 3 P:\19702\SRV\Mapping\Desc\19702_ROW DEDICATION-7.dac 6.1.i Packet Pg. 166 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) GON P UN Y P GO kA GS DOF DU9-1N SINGH FAMILY PROPERTIES LP APN 936-0004-001-00 SERIES NO, 2006392313 P.0.8. P.O.C. EX PROP R/W SF R) AREA TO BE DEDICATED 28,696± SF PROP R/W EXHIBIT "A" PAGE 3 OF 3 ARW r \ SEE D\TAIL THIS SKEET ca o r' p6 O 1p a P.O.B Curve Table Curve # Radius Delta Les31G13000000, 0015'03" Line Table Line # Bearing Length L1 N6004'15"E 72.56' L2 N75007'07"E 16.99' TRACT 8102 d \ 347 M. 50-70 N610 J ` vj90 EX R/W \\rn wocp Cc> o, BOUNDARY OF DESCRIPTION EXISTING RIGHT OF WAY LINE EXISTING PROPERTY LINE CONTROL LINE COUNTY LINE ANGLE POINT POINT OF BEGINNING POINT OF COMMENCEMENT EXISTING PROPOSE RIGHT OF WAY SQUARE FEET RADIAL BEARING oosLp, C \ P.O.G. PARCEL 8 TRA CT 3133 343 Al, I I 6.1.i Packet Pg. 167 At t a c h m e n t : 9 . R e s o l u t i o n N o . 1 7 - 2 0 - R e s o l u t i o n o f I n t e n t i o n a d o p t e d M a r c h 3 , 2 0 2 0 ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) Reso No. 20-20, Item 4.5, Adopted 04/07/20 Page 1 of 3 RESOLUTION NO. 20 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * CONSIDERING AN INITIAL STUDY/CEQA ADDENDUM AND ADOPTING A RESOLUTION OF INTENTION TO ESTABLISH PRECISE ALIGNMENT FOR THE FUTURE RIGHT-OF-WAY LINES FOR TASSAJARA ROAD BETWEEN PALISADES DRIVE AND ALAMEDA-CONTRA COSTA COUNY LIMIT LINE WHEREAS, the City of Dublin adopted Right-Of-Way Lines for Tassajara Road by Ordinance No. 20-99 and Ordinance No. 21-04; and WHEREAS, on May 10, 1993, the Dublin City Council adopted Resolution No. 51 -93, certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (Eastern Dublin Environmental Impact Report, SCH #91103064) (the “1993 EIR”) that analyzed the ultimate development of Tassajara Road at six travel lanes; and WHEREAS, in 2004, the Dublin City Council adopted an Initial Study/Mitigated Negative Declaration for a precise alignment of a future six -lane major roadway within the Eastern Dublin Planning Area (Tassajara Road/Fallon Road Ultimate Road Right-of-Way Alignment Initial Study/Mitigated Negative Declaration, SCH #2004042008) (the “2004 IS/MN”); and WHEREAS, in accordance with Municipal Code Chapter 7.68, the City of Dublin has proposed a revised alignment for portions of Tassajara Road that differs slightly from the alignment previously approved in May 2004 (the “Project”); and WHEREAS, the Project includes a programmatic change in the numbe r of ultimate travel lanes from six lanes to four lanes for the portion of Tassajara Road as depicted on Exhibit 1, attached to this Resolution and hereby incorporated by reference; and WHEREAS, the affected segment of Tassajara Road is between Palisades Drive and the Alameda-Contra Costa County limit line; and WHEREAS, to complete the Project, the alignment of Right -Of-Way Lines on Tassajara Road between Palisades Drive and Alameda -Contra Costa County line must be adjusted; and WHEREAS, the Right-Of-Way Lines are appropriate and compatible with the existing and planned land uses and will not overburden public services; and WHEREAS, the properties through which the proposed Right-Of-Way Lines pass are within the boundary of Eastern Dublin Specific Plan and therefore will be encompassed by, and consistent with, the General Plan; and WHEREAS, precise alignment for the future Right-Of-Way Lines will not have a substantial adverse effect on safety or be substantially detrimental to the public welfare or be injurious to property or public improvements; and 6.1.j Packet Pg. 168 At t a c h m e n t : 1 0 . R e s o l u t i o n N o . 2 0 - 2 0 - R e s o l u t i o n o f I n t e n t i o n t o E s t a b l i s h R i g h t - O f - W a y L i n e s - a d o p t e d A p r i l 7 , 2 0 2 0 ( T a s s a j a r a R o a d Reso No. 20-20, Item 4.5, Adopted 04/07/20 Page 2 of 3 WHEREAS, the California Environmental Quality Act (CEQA), Public Resources Code Section 21166, et seq., and the State CEQA Guidelines Section 15162 require that when an EIR or negative declaration has been certified for a project, no subsequent EIR or negative declaration shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, that one or more of the following exists: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigati on measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measures or alternative; and WHEREAS, Pursuant to CEQA and the CEQA Guidelines, Dublin has completed an Initial Study/CEQA Addendum (the “Addendum”) for the Project as shown in the Initial Study/CEQA Addendum for the Tassajara Road Ultimate Right-Of-Way Alignment Project prepared by Jerry Haag on January 2020 is incorporated by reference as if fully set forth herein; and WHEREAS, the Addendum concluded that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in 1993 EIR or the 2004 IS/MN and no other CEQA standards for supplemental revisions are met; and WHEREAS, the Planning Commission, after hearing and considering all said reports, recommendations and testimony at a public hearing on February 11, 2020, adopted Resolution 20-04, recommending that the City Council adopt a Resolution of Intention; and 6.1.j Packet Pg. 169 At t a c h m e n t : 1 0 . R e s o l u t i o n N o . 2 0 - 2 0 - R e s o l u t i o n o f I n t e n t i o n t o E s t a b l i s h R i g h t - O f - W a y L i n e s - a d o p t e d A p r i l 7 , 2 0 2 0 ( T a s s a j a r a R o a d Reso No. 20-20, Item 4.5, Adopted 04/07/20 Page 3 of 3 WHEREAS, the City Council had previously adopted Resolution No. 17-20 setting a public hearing for 7:00 p.m. on March 17, 2020, but the City Council’s regular meeting on March 17, 2020 was cancelled. In light of that cancellation, the City is adopting a revised resolution of intention in order to reschedule the hearing. NOW, THEREFORE, BE IT RESOLVED that pursuant to CEQA and the CEQA Guidelines, on the basis of substantial evidence set forth in the record, including but not limited to, the 1993 EIR, the 2004 IS/MN, the Addendum, and all related information presented to the City Council, that the environmental effects of the proposed Project were sufficiently analyzed and that an Addendum is the appropriate environmental document for the proposed Project. BE IT FURTHER RESOLVED that the Project will not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the previous CEQA documents and no further environmental review under CEQA is required. BE IT FURTHER RESOLVED that the City Council hereby adopts this Resolution of Intention and calls for a public hearing pursuant to Sections 7.68.080 through 7.6 8.100 of the Dublin Municipal Code, at 7:00 p.m. on April 21, 2020, in the City of Dublin City Council Chambers, 100 Civic Plaza, Dublin, California or at a telephonic or electronic place, if such meeting is held pursuant to the authority granted by Executive Order N-29-20, to hear protests and objections to the establishment of the proposed Right -Of-Way lines as depicted on the legal description and plat attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is directed to post this Resolution of Intention in accordance with Section 7.68.070 of the Dublin Municipal Code at least 10 days before the public hearing. PASSED, APPROVED, AND ADOPTED this 7th day of April 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: City Clerk 6.1.j Packet Pg. 170 At t a c h m e n t : 1 0 . R e s o l u t i o n N o . 2 0 - 2 0 - R e s o l u t i o n o f I n t e n t i o n t o E s t a b l i s h R i g h t - O f - W a y L i n e s - a d o p t e d A p r i l 7 , 2 0 2 0 ( T a s s a j a r a R o a d Number ST0116 Program STREETS ESTIMATED COSTS PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALS 9100 $11,280 $91,458 $89,360 $108,440 $300,538 9200 $116,096 $1,214,206 $454,110 $145,050 $1,929,462 9300 $1,980,000 $1,980,000 9400 $48,589 $7,751,411 $7,800,000 9500 $490,000 $490,000 $127,376 $1,305,664 $592,059 $10,474,901 $12,500,000 FUNDING SOURCE PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALS 2201 $200,000 $200,000 2220 $15,254 $84,746 $592,059 $692,059 4301 $112,122 $108,638 $220,760 Road Maint. & Rehab. Account (RMRA) TASSAJARA ROAD REALIGNMENT AND WIDENING - FALLON ROAD TO NORTH CITY LIMIT 2018-2023 CAPITAL IMPROVEMENT PROGRAM Salaries & Benefits Contract Services Land/Right of Way Improvements Miscellaneous TOTAL State Gas Tax Traffic Impact Fee - Category 1 PROJECT DESCRIPTION This project provides for the planning and preliminary engineering to define a new roadway alignment, design cross-section,right-of-way, and environmental clearance for Tassajara Road between North Dublin Ranch Drive and the City and Contra Costa County limit. The project also provides for the design and construction of a realigned Tassajara Road from Fallon Drive to the northern City limit. The design and construction of the southerly Tassajara Road segment, down to North Dublin Ranch Drive, is included in another Capital Improvement Program, project, Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School. The project will improve Tassajara Road to a four-lane arterial standard with bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements. Portions of the existing roadway have been improved by adjacent development projects and this project will complete the street improvements and realign a portion of existing roadway to improve safety and achieve good circulation while adhering to the Complete Streets Policy. The roadway segment is a project within both the Tri-Valley Transportation Council Strategic Expenditure Plan (Project B-8) and the Eastern Dublin Traffic Impact (Category 1) Fee Program. Design and construction of the realigned roadway will be coordinated with Contra Costa County. ANNUAL OPERATING IMPACT:TBD MANAGING DEPARTMENT: Public Works 6.1.k Packet Pg. 171 At t a c h m e n t : 1 1 . C I P N o . S T 0 1 1 6 a n d C I P N o . S T 0 1 1 9 P r o j e c t B u d g e t s ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) FUNDING SOURCE PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALS 4303 $409,263 $409,263 4306 $503,017 $2,000,000 $2,503,017 9998 $8,474,901 $8,474,901 $127,376 $1,305,664 $592,059 $10,474,901 $12,500,000 ANNUAL OPERATING IMPACT TOTAL Traffic Impact Fee - Category 3 TVTD Unidentified 6.1.k Packet Pg. 172 At t a c h m e n t : 1 1 . C I P N o . S T 0 1 1 6 a n d C I P N o . S T 0 1 1 9 P r o j e c t B u d g e t s ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) Number ST0119 Program STREETS PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALS 9100 $54,120 $81,920 $136,040 9200 $1,065,900 $250,060 $1,315,960 9300 $260,000 $30,000 $290,000 9400 $5,340,000 $5,340,000 9500 $418,000 $418,000 $1,798,020 $5,701,980 $7,500,000 PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALS 2201 $1,201,980 $1,201,980 4301 $1,798,020 $1,000,000 $2,798,020 FUNDING SOURCE TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL 2018-2023 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS Salaries & Benefits Contract Services Land/Right of Way Improvements Miscellaneous TOTAL State Gas Tax Traffic Impact Fee - Category 1 PROJECT DESCRIPTION This project provides for design and construction to complete the street improvements for Tassajara Road, from North Dublin Ranch Drive to Quarry Lane School. The scope of this project was previously included as part of Fiscal Year 2016-2021 Capital Improvement Program project, ST0116 -Tassajara Road Realignment & Widening, which included the design and construction of Tassajara Road from North Dublin Ranch Drive to Dublin's northern limit. In Fiscal Year 2018-2019, the scope of ST0116 was revised to only include the segment of Tassajara Road north of Fallon Road. The project will improve Tassajara Road to a four-lane arterial standard, with bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements. Portions of the existing roadway have been improved by adjacent development projects and this project will complete the street improvements to implement the General Plan and the Complete Streets Policy. The roadway segment is a project within the Eastern Dublin Traffic Impact (Category 1) Fee program. Preliminary engineering and environmental document preparation are being completed as part of ST0116. Preliminary design of the project will begin in Fiscal Year 2019-2020. Construction is anticipated to start in Fiscal Year 2020-2021, however it is dependent upon utility relocation, right-of-way acquisition, and permitting by regulatory agencies. ANNUAL OPERATING IMPACT:TBD MANAGING DEPARTMENT: Public Works 6.1.k Packet Pg. 173 At t a c h m e n t : 1 1 . C I P N o . S T 0 1 1 6 a n d C I P N o . S T 0 1 1 9 P r o j e c t B u d g e t s ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) PRIOR YEARS 2018-2019 BUDGET 2019-2020 2020-2021 2021-2022 2022-2023 FUTURE YEARS ESTIMATE TOTALSFUNDING SOURCE 4306 $3,500,000 $3,500,000 $1,798,020 $5,701,980 $7,500,000 ANNUAL OPERATING IMPACT TOTAL TVTD 6.1.k Packet Pg. 174 At t a c h m e n t : 1 1 . C I P N o . S T 0 1 1 6 a n d C I P N o . S T 0 1 1 9 P r o j e c t B u d g e t s ( T a s s a j a r a R o a d A l i g n m e n t P r o j e c t ) Tassajara Road Alignment Project City Council Public Hearing April 21, 2020 Outline 1.Project Overview, Design and Background 2.General Plan and Eastern Dublin Specific Plan Amendments 3.Process to Establish New Right-Of-Way Lines 4.Public Outreach 5.Recommended Action Project Overview: Vicinity Project Overview Project Design: Road Section Project Background •2010 -County proposes a realignment of Tassajara Road to improve traffic safety •2012 -City approves Moller Ranch development project, which included a concept alternative alignment •2015 -City/County initiated a Traffic Analysis with up-to-date land use data and street network •Level of Service (LOS), traffic diversion, and travel times were analyzed for a 4-lane and 6-lane scenario and were found to be similar Project Background •2016 –City Council received a presentation on the needed capacity of Tassajara Road as a four-lane arterial north of North Dublin Ranch Drive and approved the addition of Tassajara Road Realignment and Widening Project into the 5-year Capital Improvement Program (CIP) •2020 –City Council reviewed and considered an IS/Addendum for the Project and adopted the Resolution of Intention to Establish the Precise Alignment of Tassajara Road north of Palisades Drive General Plan and Eastern Dublin Specific Plan Amendments •No Change to Land-Uses •No Change in Intensity of Development •Change Number of Lanes –From Six Lanes to Four Lanes from N. Dublin Ranch Drive to the City Limit •Minor text updates to the General Plan and Eastern Dublin Specific Plan Process to Establish ROW •DMC -Section 7.68 outlines the process of establishing ROW lines •Planning Commission must hold a Public Hearing and make a recommendation to the City Council to consider adopting a Resolution of Intention to establish ROW (February 11, 2020) •City Council adopt a Resolution of Intention (April 7, 2020) •City Council Hold a Public Hearing no less than 14 days and no more than 35 days after the adoption of the Resolution of Intention and consider approving a ROW Ordinance Right-Of-Way •1999 Precise Alignment Ordinance (Ord. No. 20-99) –Established ROW Lines from I-580 to the northern boundary of Dublin Ranch Phase 1, near Shadow Hills Drive •2004 Precise Alignment Ordinance (Ord. No. 21-04) –Established ROW Lines from Shadow Hills Drive to the City Limit Line •2012 -Approved a conceptual alignment with the Moller Ranch Project (Tassajara Hills) •2020 -Proposed 4-lane Tassajara Road falls within the established ROW adopted in 1999 and 2004 except for the revised alignment north of Palisades Drive Public Outreach •October 2019 -Property owners who will be affected by the widening project were invited to view the project’s preliminary improvement plans –The proposed reduction in the number of lanes meant that the required right-of-way on private properties adjacent to Segment 1 would be less. –However the proposed revised alignment would impact one parcel just south of the County limit line on the west side of Tassajara Road. Recommendation Conduct the public hearing, deliberate and take the following actions: a)Adopt the Resolution Amending the General Plan and the Eastern Dublin Specific Plan related to the Tassajara Road Alignment Project; b)Waive the reading and INTRODUCE an Ordinance to Establish Right-of-Way Lines for Tassajara Road between Palisades Drive to the Alameda-Contra Costa County Limit Line. Page 1 of 6 STAFF REPORT CITY COUNCIL DATE: April 21, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Community Development Block Grant (CDBG) Program Review Prepared by: Jim Bergdoll, Senior Planner EXECUTIVE SUMMARY: The City Council will consider its options to become an Entitlement City and receive funding directly from the U.S. Department of Housing and Urban Development (HUD) starting in 2021. The City currently receives CDBG funding through the Urb an County program administered by Alameda County. The City must notify HUD and the County of its decision by May 15, 2020 and begin to implement that decision. STAFF RECOMMENDATION: Direct Staff to either remain in the Urban County program or seek Entitl ement City status and notify HUD and Alameda County HCD of that decision. FINANCIAL IMPACT: If the City remains part of the Urban County program, there would not be a change in financial impact. Becoming an Entitlement City would cost approximately $30,000 in consultant time to plan the program in FY 2020-21 and would also include a provision of staff time. Program administration costs, including staffing, would begin in FY 2021-22 and the cost could be partially offset by the CDBG program which allows 20 percent of the annual funding allocation to pay for program administration. DESCRIPTION: Background The Community Development Block Grant (CDBG) program provides annual grants to states, cities, and counties to develop viable urban communities by provid ing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The program is authorized under Title 1 of the Housing and Community Development Act of 1974 and is administere d by HUD. CDBG funds are allocated to local jurisdictions by HUD using a calculation based on relative levels of pre-1940 housing, poverty, overcrowding, population, and regional 8.1 Packet Pg. 175 Page 2 of 6 growth lag. The City currently receives CDBG funds through the Urban County program administered by the Alameda County Department of Housing and Community Development (HCD). The Urban County program is a way for cities with a population of less than 50,000 to receive CDBG funds (cities over 50,000 may also choose to receive their CDBG allocation through the Urban County program). Dublin participates in the Urban County program through a Cooperative Agreement with the unincorporated Alameda County and the cities of Newark, Emeryville, Albany, and Piedmont. Dublin’s participation provides approximately $244,000 in CDBG funds to the Urban County program. A portion of those funds are allocated specifically for Public Service Grants to fund programs in Dublin, a portion is allocated to countywide service programs, and a portion is placed into a pool of funds for Capital Grants that are available to the Urban County jurisdictions on a competitive basis to fund capital improvements. Alameda County handles most of the required program administration, including preparation of the Consolidated Plan, Annual Action Plan, and Citizen Participation Plan. The Consolidated Plan must be prepared every five years, and include a needs assessment, market analysis, anti-poverty strategy, goals, and projections. The Annual Action Plan is prepared by the County prior to the start of each fiscal year and identifies the goals, projections, and budget for the year. HUD also requires extensive reporting and program monitoring which is handled by the County. This includes year end and quarterly reporting of data on people served, demographics, etc., administration of financial disbursements to grantees, periodic monitoring of every grantee, and financial reporting on expenditures and balances. Alameda County HCD administers certain CDBG-funded programs that benefit all the Urban County jurisdictions. This includes administering a contract with ECHO Housing to provide tenant/landlord and fair housing services. The County also funds the Minor Home Repair Program administered by Healthy Homes, and a Rental Housing Rehabilitation program that is available to Urban County jurisdictions. Dublin’s share of discretionary CDBG funds are distributed through Public Service Grants and Capital Grants. Public Service Grants are awarded through the City’s Human Services Grants Program to local non-profit organizations serving Dublin in conformance with program guidelines. These grants are awarded annually by the Dublin City Council after reviewing recommendations made by the Dublin Human Services Commission. Public Service Grants are limited to 15 percent of the total annual CDBG funding allocation. Historically, Dublin has received more than its share of the 15 percent Public Service Grant allocation by utilizing funds that have gone unused by the other Urban County jurisdictions. This year, Dublin will award approximately $85,000 in public services grants. The Capital Grant program is administered by Alameda County to provide funding for capital improvements. Organizations apply to the County with the City taking the lead on 8.1 Packet Pg. 176 Page 3 of 6 the application submittal. Approximately $630,000 is available annually to share amongst the Urban County jurisdictions. This includes a $330,000+/- “capital pool” which is available for projects through an RFP program, and at least $300,000 in previously programmed categories like Rental Housing Rehabilitation and Preservation, and Minor Home Repair. It should be noted that the funds in the “capital pool” are shared amongst the Urban County jurisdictions and awarded to projects on a competitive basis. The amount of money available to projects in Dublin can vary from year to year. Open Heart Kitchen successfully applied for a $330,000 Capital Grant this fiscal year to build out their new facility in Livermore which will serve the greater Tri - Valley. Current Consideration Every three years, the City has the option to stay in the Urban County program or become an Entitlement City. The City first became eligible to participate as an Entitlement City in 2014 when the population reached 50,000. The City Council decided in 2014 and again in 2017, to remain in the Urban County program. The City must once again decide whether to remain in the Urban County program and enter into a new three-year Cooperative Agreement or become an Entitlement City and begin the process to establish that program. The City must inform HUD and Alameda County HCD of its decision by May 15, 2020. ANALYSIS: The City of Dublin has the option to become an Entitlement City and receive CDBG funds directly from HUD and take over program administration beginning in 2021 or remain part of the Urban County program. Table 1 below provides a comparison of the CDBG components for Dublin under the current Urban County program and as an Entitlement City. All dollar amounts are provided on an a nnual basis with Urban County program figures based on the current fiscal year, and Entitlement City figures estimated based on information provided by HUD. Table 1. Urban County & Entitlement City Program Matrix Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated) CDBG Annual Allocation (Allocated to programs noted below) $244,000 (estimated portion of Urban County funds attributable to Dublin’s participation in the program. These funds are not the exclusive use of Dublin nor are they a cap on annual funding available to Dublin based programs and services) $250,000 +/- (estimated total amount that would be available to Dublin in year 1 of the program) Public Service Grants (To non-profit service providers and limited to 15% max. of annual allocation) $36,600 (Note: Can utilize unused Urban County funds to increase this amount. For example, Dublin awarded $85,000 in FY 2019/20 by accessing unused funds from other Urban County jurisdictions. $37,500 (estimated total amount based on the above number) Capital Grants (To non- profit organizations for capital improvements) Portion of $630,000 Urban County pool awarded by County (Recent examples include: Axis Health $16K loan $160,000 total to be allocated by Dublin through RFP (Unused funds can be carried over into future years 8.1 Packet Pg. 177 Page 4 of 6 Program Component Urban County Program (FY 2019/20) Entitlement City (Estimated) payments annually, $30K capital improvements FY16 and $25K FY17; CRIL roof replacement $5K FY16) with certain limitations) Economic Development (Job creation for small, low income owned or operated businesses) Amount varies per year and determined by program administration and funded from the annual CDBG allocation based on program priorities Amount varies per year and determined by program administration and funded from the annual CDBG allocation based on program priorities Tenant-Based Rental Assistance (Emergency housing funds available partly from CDBG program, and partly HOME) Not available CDBG can be used for related support services outside of 15% services cap. HOME funds are used to provide financial assistance HOME Funds (rental assistance, down payment assistance, homebuyer counseling, affordable housing production) Share of $585,000 pool awarded on competitive basis to organizations serving Urban County jurisdictions $75,000 (program administered by City, but funds continue to be administered by HCD) HUD 108 Loans (For Capital Projects or Programs as 20- year, low interest loan) Available only in partnership with an Entitlement City (example: Axis Health) Up to 5x CDBG allocation (total cumulative balance of all outstanding 108 loans cannot exceed this amount) Program Administration (20% max. of annual allocation to cover program administration, and preparation of Consolidated Plan, Annual Action Plan, Citizen Participation Plan) $6,600 to Dublin; and $42,200 to Alameda County $50,000 to Dublin Consolidated Plan Prepared every 5 years by County with staff input (costs offset by Program Administration funds) Prepared every 5 years by the City (estimated cost: $30,000) Annual Action Plan and Citizen Participation Plan Prepared annually by County with staff input (costs offset by Program Administration funds) Prepared annually by City (costs offset by Program Administration funds) Monitoring and Reporting to HUD Prepared annually by the County Prepared annually by the City Comparable/Nearby Entitlement Cities Table 2 below provides the CDBG allocation for FY 2020 - 21 for comparable and nearby Entitlement Cities. Table 2. Comparable Entitlement City Annual Allocations City Population 1/1/2019 (DOF) CDBG Allocation FY 2020/21* Santee (San Diego County) 58,408 $276,000 San Clemente (Orange County) 65,405 $356,000 Walnut Creek (Contra Costa County) 70,212 $342,000 Pleasanton (Alameda County) 80,492 $342,000 Livermore (Alameda County) 91,039 $437,000 Dublin (Alameda County) 64,577 $250,000* *Entitlement City figures for Dublin estimated based on information provided by HUD. 8.1 Packet Pg. 178 Page 5 of 6 The cities of San Ramon (population 72,073) and Brentwood (population 51,335) are examples of cities which are similar in size and demographics to Dublin that are not Entitlement Cities, and do not plan to change that status. As an example of how CDBG funds can be spent by category, Table 3 below shows how the cities of Livermore and Pleasanton proposed spending their a nnual CDBG allocations as Entitlement Cities in FY 2019-20. Table 3. Livermore and Pleasanton CDBG Allocation by Category FY 2019 -20 Program Component Livermore Pleasanton Capital Grants Homeowner Housing Rehabilitation $160,000 -- Tri-Valley REACH Home Maintenance & Repairs $12,000 Community Facilities Rehabilitation -- $183,000 Axis Clinic Loan Repayment -- $23,000 Public Service Grants Misc. Community Services $72,000 $48,000 Other Tenant-based Based Rental Assistance/ Emergency Rehousing $108,000 -- Administration $88,000 $64,000 Total $440,000 $318,000 Urban County Program Historically, Dublin’s CDBG program efforts have primarily focused on Public Service Grants. If Dublin were to remain in the Urban County program, there appear to be opportunities for the City to expand its CDBG program to further utilize available funding, particularly in the Capital Grant and Economic Development categories. These efforts would require coordination with Alameda County HCD and allocation of additional staff resources to the CDBG program. These funds would be drawn from the Urban County pool of funds ($630,000+/-) for Capital Grants. Potential uses of Capital funds include: • Single-Family Home Rehabilitation or Weatherization Grants. • Incentivize the creation of Junior Accessory Dwelling Units. • Community Facility Rehabilitation and Preservation - Expand facilities such as Tri-Valley Haven. • Assist non-profit organizations to acquire, rehabilitate and/or preserve apartments for low-income households. • Land Acquisition for New Affordable Housing. • Public Works projects that improve ADA accessibility. 8.1 Packet Pg. 179 Page 6 of 6 The City could also potentially utilize CDBG Economic Development funds for job creation/retention activities including establishment, stabilization and expansion of small businesses if they are either owned by low income people or employ low income workers. If the City Council elects to remain in the Urban County program, but desires to expand the programs funded through CDBG, they cou ld direct Staff to pursue such opportunities. Entitlement City Becoming an Entitlement City would provide the City with greater control over the CDBG program administration and certainty regarding annual Capital Grant funding. But it could also reduce the maximum amount of potential Capital Grant and Public Service Grant funding available each year because we could no longer utilize unused funds in the Urban County pool (Please refer to the discussion immediately above for examples of potential programs that could use capital funds). With that control would also come additional work to administer the program. In addition to the upfront consultant time and cost to plan the program, Staff believes additional staff time would be necessary to manage the CDBG start up and ongoing program. This would either come in the form of a redeployed staff resource or a staff augmentation through a consultant. ENVIRONMENTAL REVIEW: This information report is not subject to the requirements of the California Environment al Quality Act (CEQA), pursuant to CEQA Guidelines Section 15378 as it does not meet CEQA’s definition of a project and will not result in direct or indirect physical changes in the environment. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 8.1 Packet Pg. 180 Community Development Block Grant (CDBG) Program Review City Council Meeting April 21, 2020 Presentation Overview •CDBG Program •Urban County Program •Current Consideration •CDBG Program Components •Urban County vs. Entitlement City Programs CDBG Program •Provides annual grants to states, cities and counties •Purpose: To develop/enhance viable urban communities, provide decent housing, and expand economic opportunities for low-income people •Entitlement Cities receive CDGB funds directly from HUD •Urban County Program –Provides CDBG funds to cities with population <50,000 –Cities >50,000 may remain in program Urban County Program •Dublin currently participates in Urban County Program –Cooperative Agreement with Urban County jurisdictions •Program administered by Alameda County HCD •Dublin’s discretionary funds –Public Service Grants: Awarded through Dublin’s Human Service’s Grants Program –Capital Grants: Awarded by County Current Consideration •Stay in Urban County Program or become Entitlement City beginning in FY 2021-22 •Inform HUD and HCD by May 15, 2020 •Required program preparation and implementation for Entitlement status would then begin Program Components •Public Service Grants (CDBG) •Capital Grants (CDBG) •Economic Development (CDBG) •Administration (CDBG) •HOME Funds •Tenant-Based Rental Assistance •HUD 108 Loans Urban County vs. Entitlement City •Become an Entitlement City –Upside: Greater control over program administration and certainty regarding Capital Grant funding –Downside: Could reduce Capital and Public Service Grant funding and increase program administration •Remain in Urban County Program –Option: Expand Dublin program to further utilize funding for Capital Grants and Economic Development Questions