HomeMy WebLinkAbout*June 20, 2023 Regular City Council Meeting PacketCOUNCILMEMBERS
Melissa Hernandez, Mayor
Michael McCorriston, Vice Mayor
Jean Josey, Councilmember
Dr. Sherry Hu, Councilmember
Kashef Qaadri, Councilmember
Tuesday, June 20, 2023
City Council Chamber
Dublin Civic Center
100 Civic Plaza
Dublin, CA 94568
www.dublin.ca.gov
DUBLIN
CALIFORNIA
Regular Meeting of the
DUBLIN CITY COUNCIL
Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28
beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.orz. and
on the City's website at: https://dublin_cagnv/ccmeetirg
Members of the public who wish to participate in the meeting electronically have the
option of giving public comment via Zoom, subject to the following procedures:
❑ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will
be made available at 10:00 a.m. on Tuesday, June 20, 2023. Upon submission, you will
receive Zoom link information from the City Clerk. Speakers slips will be accepted
until the public comment period ends, or until the public comment period on non -
agenda items is closed.
❑ Once connected to the Zoom platform using the Zoom link information from the
City Clerk, the public speaker will be added to the Zoom webinar as an attendee and
muted. The speaker will be able to observe the meeting from the Zoom platform.
❑ When the agenda item upon which the individual would like to comment is
addressed, the City Clerk will announce the speaker in the meeting when it is their
time to give public comment. The speaker will then be unmuted to give public
comment via Zoom.
CLOSED SESSION 6:30 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
June 20, 2023 Dublin City Council Regular Meeting Agenda
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II. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Vice Mayor McCorriston and Councilmember
Qaadri
Unrepresented Employee: City Attorney
REGULAR MEETING 7:00 PM
I. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 Presentation from David Stark, East Bay Association of Realtors
The City Council will receive a presentation from David Stark, Chief Public Affairs and
Communications Officer of Bay East Association of Realtors, providing an overview of the
Dublin and Tri-Valley residential market.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
3.2 Employee Introductions
New City of Dublin Staff member, Sonya Canto, Office Assistant II in the Community
Development Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
Staff Report
3.3 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the
podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3)
MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing
on the posted agenda. The Council may respond to statements made or questions asked, or may request
Staff to report back at a future meeting concerning the matter. Any member of the public may contact the
City Clerk's Office related to the proper procedure to place an item on a future City Council agenda. The
exceptions under which the City Council MAY discuss and/or take action on items not appearing on the
agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non -controversial in nature and are considered for approval
by the City Council with one single action. Members of the audience, Staff or the City Council who
would like an item removed from the Consent Calendar for purposes of public input may request
the Mayor to remove the item.
4.1 Approval of the June 6, 2023 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the June 6, 2023 Regular City Council
Meeting.
June 20, 2023 Dublin City Council Regular Meeting Agenda
2
STAFF RECOMMENDATION:
Approve the minutes of the June 6, 2023 Regular City Council Meeting.
Staff Report
Attachment 1 - June 6, 2023 Regular City Council Meeting Minutes
4.2 Three -Year Cooperative Agreement with Alameda County for Participation in the
Urban County Program for Community Development Block Grant and HOME
Investment Partnership Funds
The City Council will consider a three-year cooperative agreement with Alameda County
for participation in the Urban County Program for Community Development Block Grant
and HOME Investment Partnership funds. This agreement will allow the City's continued
participation in the Urban County program beginning July 1, 2024, for Federal fiscal years
2024-2026.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Continued Participation of the City of Dublin in the
Alameda County Urban County for Community Development Block Grant Funds and
Authorizing the Execution of the Cooperation Agreement Between the City and County of
Alameda Regarding Participation in the Alameda County Urban County for Community
Block Grant Funds.
Staff Report
Attachment 1- Resolution Authorizing the Continued Participation of the City of Dublin in
the Alameda County Urban County for Community Development Block Grant Funds
Attachment 2 - Proposed Three -Year Cooperative Agreement
Attachment 3 - City Council Staff Report Dated May 2, 2023
4.3 Second Amendment to the Agreement with HF&H Consultants, LLC for Senate Bill
1383 and Solid Waste Franchise Support Services
The City Council will consider approving a second amendment to the agreement with
HF&H Consultants, LLC for Senate Bill 1383 and solid waste franchise support services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #2 to the Agreement with HF&H
Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support Services.
Staff Report
Attachment 1- Resolution Approving Amendment #2 to the Agreement with HF&H
Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support Services
Attachment 2 - Exhibit A to the Resolution - Amendment #2 to the Agreement with HF&H
Consultants, LLC for Senate Bill 1383 and Solid Waste Franchise Support Services
Attachment 3 - Agreement with HF&H Consultants, LLC
Attachment 4 - Amendment 1 to the Agreement with HF&H Consultants, LLC
4.4 Agreement with Wesco Graphics, Inc. for Commercial Printing Services
The City Council will consider approving a two-year agreement with Wesco Graphics, Inc.
for the printing and distribution of the City's newsletters and activity guides.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement With Wesco Graphics, Inc. for
Commercial Printing Services.
Staff Report
June 20, 2023 Dublin City Council Regular Meeting Agenda
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Attachment 1- Resolution Approving the Agreement with Wesco Graphics Inc. for
Commercial Printing Services
Attachment 2 - Exhibit A to the Resolution - Contractor Services Agreement Between the
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
Attachment 3 - 2023 Printing Services RFP
4.5 Annual Update to the Master Fee Schedule
The City Council will consider adopting an annual update to the Master Fee Schedule as
prescribed by the City's User Fee Cost Recovery Policy (Resolution 160-12).
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Annual Update to the Master Fee Schedule for Services
Provided by the City.
Staff Report
Attachment 1- Resolution Adopting an Annual Update to the Master Fee Schedule
for Services Provided by the City
Attachment 2 - Exhibit A to the Resolution - City of Dublin Master Fee Schedule, Fiscal
Year 2023-24
Attachment 3 - City of Dublin Master Fee Schedule Prior to Rounding
4.6 Payment Issuance Report and Electronic Funds Transfers
The City Council will receive a listing of payments issued from May 1, 2023 - May 31, 2023,
totaling $19,380,166.08.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Payment Issuance Report for May 2023
4.7 Regional Street Residential Project Affordable Housing Assistance Agreement
(PLPA-202 1-00035)
The City Council will consider approving an Affordable Housing Assistance Agreement
with Eden Housing's controlled affiliate, Corona/Ely Ranch, Inc., for the development of
the 113-unit low- and very -low-income affordable housing project located at 6541-6543
Regional Street.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Affordable Housing Assistance Agreement Between
the City of Dublin and Corona/Ely Ranch, Inc., and approve the budget change.
Staff Report
Attachment 1- Resolution Approving an Affordable Housing Assistance Agreement
between the City of Dublin and Corona/Ely Ranch, Inc.
Attachment 2 - Exhibit A to the Resolution - Affordable Housing Assistance Agreement
Attachment 3 - Budget Change Form
4.8 Delegation of Authority During Council Recess — Annual Street Resurfacing, Alamo
Creek Park Fence Replacement, and Agreement with All City Management Services,
Inc.
The City Council will consider delegating authority to the City Manager to approve the
plans and specifications and award contracts for the Annual Street Resurfacing Projects
(2023 Slurry Seal and 2023 Overlay) and the Alamo Creek Park and Assessment District
June 20, 2023 Dublin City Council Regular Meeting Agenda
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Fence Project during the City Council recess between June 21, 2023 and August 14, 2023.
The City Council will also consider delegating authority to the City Manager to approve an
agreement with All City Management Services, Inc. during the City Council recess.
Actions taken during the City Council recess will be reported to the City Council at the
August 15, 2023 regularly scheduled meeting.
STAFF RECOMMENDATION:
Take the following actions 1) Adopt the Resolution Delegating Authority to the City
Manager to Approve the Plans and Specifications and to Award Construction Contracts
for Annual Street Resurfacing Projects (2023 Slurry Seal and 2023 Overlay), CIP No.
ST0117; 2) Adopt the Resolution Delegating Authority to the City Manager to Approve the
Plans and Specifications and to Award a Construction Contract for the Alamo Creek Park
and Assessment District Fence Replacement Project, CIP No. PK0122; and 3) Adopt the
Resolution Delegating Authority to the City Manager to Approve an Agreement Between
the City of Dublin and All City Management Services, Inc.
Staff Report
Attachment 1- Resolution Delegating Authority to the City Manager to Approve the Plans
and Specifications and to Award Construction Contracts for the Annual Street Resurfacing
Projects (2023 Slurry Seal and 2023 Overlay), CIP No. ST0117
Attachment 2- Resolution Delegating Authority to the City Manager to Approve the Plans
and Specifications and to Award a Construction Contract for the Alamo Creek Park and
Assessment District Fence Replacement Project, CIP No. PK0122
Attachment 3 - Resolution Delegating Authority to the City Manager to Approve an
Agreement Between the City of Dublin and All City Management Services, Inc.
Attachment 4 - CIP No. ST0117 - Annual Street Resurfacing
Attachment 5 - CIP No. PK0123 - Persimmon Drive Pedestrian Path Rehabilitation
Attachment 6 - CIP No. PK0122 - Alamo Creek Park and Assessment District Fence
Replacement
4.9 Revisions to the Personnel System
The City Council will consider proposed changes to the City's current Personnel System.
The proposed adjustments are based on the need to revise the City's Classification Plan
and Salary Plan for Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the following: 1) Resolution Amending the Classification Plan; 2) Resolution
Establishing a Salary Plan for Full -Time Personnel in Accordance With the Personnel
Rules; 3) Resolution Establishing a Salary Plan for Management Positions Exempt from
Competitive Service; 4) Resolution Amending the Benefit Plan; and 5) Resolution
Amending the Management Positions Exempt from Competitive Service Resolution and
Prescribing Leave Benefits for the Designated Positions.
Staff Report
Attachment 1- Resolution Amending the Classification Plan
Attachment 2 - Exhibit A to the Resolution - Parks and Community Services Manager Job
Specification (Redlined)
Attachment 3 - Exhibit B to the Resolution - Finance Director Job Specification (Redlined)
Attachment 4 - Exhibit C to the Resolution - Assistant Finance Director Job Specification
(Redlined)
June 20, 2023 Dublin City Council Regular Meeting Agenda 5
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Attachment 5 - Exhibit D to the Resolution - Deputy City Manager Job Specification
Attachment 6 - Resolution Establishing a Salary Plan for Full -Time Personnel in
Accordance With the Personnel Rules
Attachment 7 - Resolution Establishing a Salary Plan for Management Positions
Exempt from Competitive Service
Attachment 8 - Resolution Amending the Benefit Plan
Attachment 9 - Resolution Amending the Management Positions Exempt from
Competitive Service Resolution and Prescribing Leave Benefits for the Designated
Positions
4.10 Introduction of an Ordinance Amending Chapter 9.28 (Dedication of Lands for Park
and Recreation Purposes) of the Dublin Municipal Code
The City Council will consider introducing an Ordinance amending the Dublin Municipal
Code to reflect new parkland dedication categories and updated census numbers
concerning the number of persons per dwelling unit.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Chapter 9.28 (Dedication of
Lands for Park and Recreation Purposes) of the Dublin Municipal Code.
Staff Report
Attachment 1- Ordinance Amending Chapter 9.28 (Dedication of Lands for Park and
Recreation Purposes) of the Dublin Municipal Code
Attachment 2 - Staff Report of May 2, 2023
5. WRITTEN COMMUNICATION — None.
6. PUBLIC HEARING
6.1 Authorizing the Enforcement of the California Vehicle Code within the Wallis Ranch
Subdivision and Approving an Agreement for Traffic Enforcement Services
The City Council will conduct a public hearing to consider a petition from the Wallis
Ranch Homeowner's Association for the provision of traffic enforcement services on
privately owned roads and approve an agreement for Dublin Police Services to provide
traffic enforcement within the Wallis Ranch subdivision.
STAFF RECOMMENDATION:
Conduct the public hearing and adopt the Resolution Authorizing Enforcement of the
California Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision
and Approving an Agreement With the Wallis Ranch Homeowner's Association for the
Provision of Traffic Enforcement Services.
Staff Report
Attachment 1- Resolution Authorizing Enforcement of the California Vehicle Code to
Privately Owned Roads Within the Wallis Ranch Subdivision
Attachment 2 - Exhibit A to the Resolution - Agreement Between the City of Dublin and
Wallis Ranch Homeowner's Association Regarding Enhanced Police Services
Attachment 3 - Petition of Wallis Ranch Homeowner's Association Requesting City
Enforcement of Private Streets
June 20, 2023 Dublin City Council Regular Meeting Agenda 6
6
7. UNFINISHED BUSINESS
7.1 East Ranch Community Facilities Districts Revised Proposal
On April 18, 2023, the City Council provided feedback to the Applicant, TH East Ranch
Dublin, LLC (Trumark Homes), on their request to form Community Facilities Districts
(CFDs) to finance the maintenance of and construction of public improvements within
the East Ranch development project. The Applicant has revised their proposal for
consideration by the City Council. The City Council will receive a presentation from the
Applicant and provide feedback regarding the revised CFD proposals. No formal action
will be taken, nor will approvals be granted, for the project at this meeting.
STAFF RECOMMENDATION:
Receive the presentation and provide feedback on the Applicant's revised proposal for the
formation of Community Facilities Districts to fund the maintenance of and the
construction of certain public facilities.
Staff Report
Attachment 1- Maintenance Cost Estimate
Attachment 2 - DPFG Financing Memo dated June 5, 2023
Item 7.1- PowerPoint Presentation
7.2 Sister City Program Update: Focus Group Framework Review
The City Council will receive an update on the Sister City Program and the work
completed by the Sister City Focus Group, the result of which is a framework from which
a future Sister City Association can be established.
STAFF RECOMMENDATION:
Receive the report and provide feedback on the proposed program framework.
Staff Report
Item 7.2 - PowerPoint Presentation
8. NEW BUSINESS
8.1 Kaiser Commercial General Plan Amendment Study Initiation Request
The City Council will a consider a request by O&I Development to initiate a General Plan
Amendment Study to evaluate expanding the land use designation of the Kaiser
Commercial site to include assisted living facilities. The 15.85-acre Kaiser Commercial
site is designated Medical Campus/Commercial. O&I proposes to develop the northern
2.75 acres of the Kaiser Commercial property with an assisted living and memory care
facility.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Initiation of a General Plan Amendment Study to
Evaluate Expanding the Medical Campus/Commercial Land Use Designation to Include
Assisted Living Facilities Within Kaiser Commercial; OR adopt the Resolution Denying
the Initiation of a General Plan Amendment Study to Evaluate Expanding the Medical
Campus/Commercial Land Use Designation to Include Assisted Living Facilities Within
Kaiser Commercial.
Staff Report
Attachment 1- Resolution Approving the Initiation of a General Plan Amendment Study to
Evaluate Expanding the Medical Campus/Commercial Land Use Designation to Include
Assisted Living Facilities Within Kaiser Commercial
June 20, 2023 Dublin City Council Regular Meeting Agenda 7
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Attachment 2 - Resolution Denying the Initiation of a General Plan Amendment Study to
Evaluate Expanding the Medical Campus/Commercial Land Use Designation to Include
Assisted Living Facilities Within Kaiser Commercial
Attachment 3 - O&I Development Letter
Item 8.1- PowerPoint Presentation
8.2 Preview of the People of the Parks (P.O.P.) Program
The City Council will receive a preview of a new program being developed by the Parks
and Community Services Department. The People of the Parks (P.O.P.) is being launched
to encourage residents, community organizations, and Dublin businesses to participate in
park beautification and environmental stewardship. The P.O.P. program will launch in
Summer 2023.
STAFF RECOMMENDATION:
Receive the presentation and provide feedback.
Staff Report
Item 8.2 - PowerPoint Presentation
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).
I0. ADIOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by
Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA),
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. Upon receiving a request, the
City will swiftly resolve requests for reasonable accommodation for individuals with
disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and
after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be
posted on the City's website at www.dublin.ca.gov/ccmeetings.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure
environment, fosters new opportunities, provides equity across all programs, and champions a
culture of diversity and inclusion.
June 20, 2023 Dublin City Council Regular Meeting Agenda
8
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DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Presentation from David Stark, Bay East Association of Realtors
Prepared by: Hazel L. Wetherford, Economic Development Director
EXECUTIVE SUMMARY:
The City Council will receive a presentation from David Stark, Chief Public Affairs and
Communications Officer of Bay East Association of Realtors, providing an overview of the Dublin
and Tri-Valley residential market.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The Bay East Association of Realtors is an organization that provides support, advocacy,
professional development, and resources designed to help the diverse community of real estate
professionals grow their business, meet clients' expectations, and facilitate daily tasks. The City
Council will receive an overview of the Dublin and Tri-Valley residential market.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
Page 1 of 2
9
ATTACHMENTS:
None.
Page 2 of 2
10
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DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Sonya Canto, Office Assistant II in the Community Development
Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Sonya Canto, Office Assistant II in the Community Development
Department, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
Page 1 of 1
11
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DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
DATE: June 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Approval of the June 6, 2023 Regular City Council Meeting
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the June 6, 2023 Regular City Council
Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the June 6, 2023 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the June 6, 2023 Regular City Council
Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) June 6, 2023 Regular City Council Meeting Minutes
Page 1 of 1
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Attachment I
DUBLIN
CALIFORNIA
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: June 6, 2023
The following are minutes of the actions taken by the City of Dublin City Council. A full video
recording of the meeting with the agenda items indexed and time stamped is available on
the City's website at: httns://dublin.ca.Eov/ccmeetings.
CLOSED SESSION 6:30 PM
I. CONFERENCE W ITH LEGAL COUNSEL —EXISTING LITIGATION
(Paragraph (1) of Subdivision (d) of Section 54956.9)
Name of case: City of Dublin v. Dahlin Group, Inc., et al., Alameda County Superior
Court Case No. RG21087601
II. CONFERENCE W ITH LEGAL COUNSEL —ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section
54956.9: 1 case.
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, June 6, 2023, in the City
Council Chamber. The meeting was called to order at 7:19 PM, by Mayor Hernandez.
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) REPORT ON CLOSED SESSION
City Attorney John Bakker reported that the City Council, excluding Vice Mayor McCorriston,
voted in favor of initiating litigation. The action, the defendants, and other particulars, once
the action is formally commenced will be disclosed to any person upon inquiry, unless to do
so would jeopardize the agency's ability to effectuate service process on one or more
unserved parties or to disclose the information would jeopardize the City's ability to
conclude existing settlement negotiations to our advantage.
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
,June 6, 2023
13
3) ORAL COMMUNICATIONS
3.1) Employee Introductions
New City of Dublin Staff members, Andrew Powell, Summer Intern in the Public Works
Department, and Monet Khanyahl, Summer Intern in the Communications Division of the
City Manager's Office, were introduced.
3.2) Recognition of 2023 Dublin Pride Week Contest W inners
The City Council recognized the winners of the 2023 Dublin Pride Week Photography,
Poster, and Essay Contests.
3.3) Public Comment
Mike Grant provided public comment.
Andrea Renzulli provided public comment.
4) CONSENT CALENDAR
Before reviewing the consent calendar, John Bakker, City Attorney, made a statement
regarding Item 4.18 noting that the Brown Act requires the City to provide a verbal
statement of any changes made to the compensation of city officials. The proposal in Item
4.18 is to increase the City Manager's base salary by five percent.
4.1) Approved the May 9, 2023 Special City Council Meeting and May 16, 2023 Regular
City Council Meeting Minutes.
4.2) Adopted Resolution No. 43-23 titled, "Approving the Avalon West Dublin Public Art
Installation Agreement," and adopted Resolution No. 44-23 titled, "Approving the
First Amendment to the Agreement for Long Term Encroachment for Landscape
Features Tract 8460, Avalon West Dublin."
4.3) Adopted Resolution No. 45-23 titled, "Approving a Third Amendment to the
Memorandum of Understanding (Dublin Place Shopping Center)."
4.5) Adopted Resolution No, 47-23 titled, "Approving the Agreement with Converge0ne,
Inc. for the Purchase of Technology Equipment and Services."
4.6) Adopted Resolution No. 48-23 titled, "Approving the Agreement with Lanlogic, Inc.
for Information Technology Services and Related Equipment."
4.7) Adopted Resolution No. 49-23 titled, "Approving a Contract Instructor Services
Agreement with North American Youth Activities, LLC dba Kidz Love Soccer for
Recreation Services," and adopted Resolution No. 50-23 titled, "Approving a Contract
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 6, 2023
14
Instructor Services Agreement with World Cup Soccer Camps and Clinics for
Recreation Services."
4.8) Approved the Heritage and Cultural Arts Commission's for the 2023 Utility Box Art
Program recommendations.
4.9) Adopted Resolution No. 51-23 titled, "Approving the Amendment to the Consulting
Services Agreement for On -Call Contract Building and Safety Services with TRB &
Associates, Inc."
4.10) Adopted Resolution No. 52-23 titled, "Adopting a List of Projects Funded in Fiscal
Year 2023-24 by Senate Bill 1, the Road Repair and Accountability Act of 2017."
4.11) Adopted Resolution No. 53-23 titled, "Approving an Agreement with Townsend
Public Affairs for Grant Strategy and Writing Services" and approved the budget
change.
4.12) Adopted Resolution No. 54-23 titled, "Authorizing the Purchase of Replacement
Chairs, Tables, and Related Equipment for Meeting Rooms at the Dublin Civic Center
and Dublin Library."
4.14) Adopted Resolution No. 56-23 titled, "Approving an Agreement with Livermore
Pleasanton Umpires Association for Sports Officiating Services."
4.15) Adopted Resolution No. 57-23 titled, "Approving Amendments to Agreements with
Sweeping Corporation of America, Universal Building Services and Supply Co., and
Prudential Overall Supply."
4.17) Adopted Resolution No. 60-23 titled, "Approving the Purchase of a Replacement
Assureon Server and Cloud Archive Assureon."
4.18) Approved and authorized the Mayor to execute the Third Amendment to the City
Manager's Employment Agreement.
4.19) Adopted Resolution No. 61-23 titled, "Authorizing a Special Designation of General
Fund Reserves for Fiscal Year 2022-23."
4.20) Approved the updated Sports Fields and Stager Community Gymnasium Reservation
Policies.
4.21) Confirmed the Mayor's appointments to the Youth Advisory Committee and the
Student Representative to the Parks and Community Services Commission for the
2023-2024 term.
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
,June 6, 2023
15
On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by
unanimous vote, the City Council adopted the Consent Calendar items, except for items 4.4,
4.13, and 4.16.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
4.4) Adopted Resolution No. 46-23 titled, "Approving the Amendment to the Agreement
Between the City of Dublin and All City Management Services Inc."
This item was pulled from the Consent Calendar by Councilmember Qaadri for clarifying
questions.
4.13) Adopted Resolution No. 55-23 titled, "Approving an Agreement with the County of
Alameda for Additional Library Services for Fiscal Year 2023-24."
This item was pulled from the Consent Calendar by Councilmember Qaadri for clarifying
questions.
On a motion by Councilmember Qaadri and seconded by Vice Mayor McCorriston, and by
unanimous vote, the City Council approved Consent Calendar items 4.4 and 4.13.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
4.16) Agreement with Gannett Fleming and Amendments to Agreements with MNS Engineers,
Inc. and Swinerton Management & Consulting for Construction Management and Inspection
Services
This item was pulled from the consent calendar by Councilmember Josey for a separate vote.
On a motion by Mayor Hernandez and seconded by Councilmember Qaadri, and by 4-0 vote,
with Councilmember Josey abstaining, the City Council adopted Resolution No. 58-23 titled,
"Approving Amendments to the Agreements with MNS Engineers, Inc. and Swinerton
Management & Consulting,"and adopted Resolution No. 59-23 titled, "Approving an
Agreement with Gannett Fleming."
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 6, 2023
16
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Melissa Hernandez, Mayor
SECOND: Kashef Qaadri, Councilmember
AYES: Hernandez, McCorriston, Hu, Qaadri
ABSTAIN: Josey
5) WRITTEN COMMUNICATION - None.
6) PUBLIC HEARING
6.1) Adoption of Rates for Garbage Collection, Disposal, and Recycling Services
Provided by Amador Valley Industries and Establishing the 2023-24 Annual
Assessment
The City Council received a presentation regarding establishing the garbage rates effective
July 1, 2023 and establishing the Fiscal Year 2023-24 refuse -related property tax
assessment.
Mayor Hernandez opened the Public Hearing.
Upon receiving no public comment, Mayor Hernandez closed the Public Hearing.
On a motion by Councilmember Qaadri, seconded by Councilmember Hu, and by unanimous
vote, the City Council adopted Resolution No. 62-23 titled, "Approving and Establishing the
Collection of Minimum Residential Garbage and Recycling Service Fees for Fiscal Year 2023-
24," and adopted Resolution No. 63-23 titled, "Amending the Schedule of Service Rates for
Integrated Solid Waste Services."
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Dr. Sherry Hu, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
7) UNFINISHED BUSINESS -None.
8) NEW BUSINESS
8.1) Allocation of Homeless Housing, Assistance and Prevention (H HAP) Grant
Funding
The City Council received a presentation regarding allocating funding from Rounds 3 and 4
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
,June 6, 2023
17
of the Homeless Housing, Assistance, and Prevention (HHAP) Grant Program.
Mayor Hernandez opened the public comment period.
Upon receiving no public comment, Mayor Hernandez closed the public comment period.
By consensus, the City Council directed Staff to split the funding evenly between Tri-Valley
Haven Shelter and CityServe of the Tri-Valley.
8.2) Discussion on Mayor and City Council Term Limits
The City Council received a presentation on Mayor and City Council Term Limits.
Mayor Hernandez opened the public comment period.
Carla Slettvet provided public comment.
Jenny Hauzer provided public comment.
Eric Nielsen provided public comment.
Igor Tregub provided public comment.
Mayor Hernandez closed the public comment period.
By consensus, the City Council directed Staff to return with draft Ordinance language for the
November 2024 General Municipal Election ballot that increases the total term limit to 12
years, excludes councilmembers elected prior to the change in term limits, and cleans up the
current language around defining a term.
9) OTHER BUSINESS
The City Council and Staff provided brief information -only reports, including committee
reports and reports by City Council related to meetings attended at City expense (AB1234).
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 6, 2023
18
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 9:44 PM.
ATTEST:
City Clerk
Mayor
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
June 6, 2023
19
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.2
SU B.ECT : Three -Year Cooperative Agreement with Alameda County for Participation in
the Urban County Program for Community Development Block Grant and
HOME Investment Partnership Funds
Prepared by:• Jason Earl, Senior Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider a three-year cooperative agreement with Alameda County for
participation in the Urban County Program for Community Development Block Grant and HOME
Investment Partnership funds. This agreement will allow the City's continued participation in the
Urban County program beginning July 1, 2024, for Federal fiscal years 2024-2026.
STAFF RECOMMENDATION:
Adopt the Resolution Authorizing the Continued Participation of the City of Dublin in the Alameda
County Urban County for Community Development Block Grant Funds and Authorizing Execution
of the Cooperation Agreement Between the City and County of Alameda Regarding Participation in
the Alameda County Urban County for Community Block Grant Funds.
FINANCIAL IMPACT:
The agreement would allow the City to continue receiving CDBG and/or HOME funds during the
upcoming three-year cycle. Therefore, there would be no change to the financial impacts to the
City.
DESCRIPTION:
The Community Development Block Grant (CDBG) program provides annual grants to states,
cities, and counties to develop viable urban communities by providing decent housing and a
suitable living environment, and by expanding economic opportunities, principally for low- and
moderate -income persons.
The City currently receives CDBG and HOME funds through the Urban County Program
Page 1 of 2
20
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 unincorporated Alameda County and the cities of Newark,
Emeryville, Albany, and Piedmont.
On May 2, 2023, the City Council received a report on the status of the City's current participation
in the Urban County Program and options for future administration of the CDBG program
(Attachment 3). The City Council directed Staff to inform HCD that the City would remain in the
Urban County Program and to prepare a new three-year Cooperative Agreement with Alameda
County.
The new three-year Cooperation Agreement will enable the City to continue participating in the
Urban County program beginning July 1, 2024, for Federal fiscal years 2024-2026. The City
Council is currently being asked to adopt the resolution included as Attachment 1, authorizing the
continued participation in the Urban County Program and authorizing the execution of the
Cooperation Agreement with Alameda County included as Attachment 2.
ENVIRONMENTAL REVIEW:
This information report is not subject to the requirements of the California Environmental 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:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Authorizing the Continued Participation of the City of Dublin in the Alameda County
Urban County for Community Development Block Grant Funds
2) Proposed Three -Year Cooperative Agreement
3) City Council Staff Report Dated May 2, 2023
Page 2 of 2
21
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE CONTINUED PARTICIPATION OF THE CITY OF DUBLIN
IN THE ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS AND AUTHORIZING EXECUTION OF THE COOPERATION AGREEMENT
BETWEEN THE CITY AND COUNTY OF ALAMEDA REGARDING PARTICIPATION IN THE
ALAMEDA COUNTY URBAN COUNTY FOR COMMUNITY BLOCK GRANT FUNDS
WHEREAS, the United States Congress has enacted the Housing and Community
Development Act of 1974 and Federal regulations have been adopted pursuant thereto,
hereinafter called the "Act"; and
WHEREAS, Title I of the Act consolidates previously separate grant programs for open
space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation
loans, and affordable housing into a program called the Community Development Block Grant
("CDBG") program; and
WHEREAS, Title I makes available entitlement grants to cities whose 2020 Census
population exceeds 50,000 persons; and to counties which qualify as an urban county; and
WHEREAS, the term "urban county" means any county within a metropolitan area which:
(1) is authorized under state law to undertake essential community development and
housing assistance activities in its incorporated areas which are not units of general local
government; and,
(2) has a combined population of 200,000 or more in such unincorporated areas and in
its included units of local government:
(A) in which it has authority to undertake essential community development and
housing assistance activities and which do not elect to have their population
excluded; or,
(B) with which it has entered into cooperation agreements to undertake or to
assist in the undertaking of essential community development and housing
assistance activities; and
WHEREAS, the Department of Housing and Urban Development ("HUD") has made a
determination that the County of Alameda has the essential powers to operate as an urban county;
and
WHEREAS, four cities (Albany, Emeryville, Newark and Piedmont) in Alameda County
have a 2020 Census population of less than 50,000 and desire to participate in the Alameda
County Urban County; and one city has a population over 50,000 (Dublin) and desires to
participate in the Alameda County Urban County to continue in the Alameda County Urban County
for federal fiscal years 2024, 2025 and 2026; and
Reso. No. XX-23, Item X.X, Adopted 06/20/2023 Page 1 of 2 22
WHEREAS, the participating cities, combined with the unincorporated portions of the
County of Alameda, form a combined 2020 Census population of 200,000 or more persons,
thereby qualifying as an urban county, and becoming eligible for an entitlement of Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; and
WHEREAS, the participating cities agree that by executing these cooperative agreements
they may not apply for grants under the Small Cities or State CDBG Program from appropriations
for fiscal years during the period in which it is participating in the Urban County's CDBG program;
and
WHEREAS, the COUNTY and CITY cannot withdraw from the cooperative agreement
while the Program Year 2024-2026 Agreement remains in effect.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby resolve, declare, determine and order as follows:
SECTION 1. The Dublin City Council hereby authorizes the continued participation of the
City of Dublin in the Alameda County Urban County.
SECTION 2. The Dublin City Council hereby authorizes the City Manager to execute a
cooperation agreement with the Alameda County in order to continue the City's participation in the
Urban County.
SECTION 3. This resolution shall take effect immediately upon its adoption.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non -
substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/20/2023 Page 2 of 2 23
Attachment 2
AGREEMENT
This Agreement is made and entered into this 1st day of July, 2023 by and between the
CITY OF DUBLIN, hereinafter called "CITY" and the COUNTY OF ALAMEDA, hereinafter
called "COUNTY", regarding their cooperation with respect to Community Development Block
Grant funding.
WHEREAS, the Congress of the United States has enacted the Housing and Community
Development Act of 1974, and subsequent amendments to such Act, hereinafter called "ACT";
and
WHEREAS, Title I of ACT consolidates previously separate grant programs for open
space, public facility loans, water and sewer grants, urban renewal, model cities, rehabilitation
loans, and affordable housing; and
WHEREAS, Title I makes available entitlement grants to:
(1) cities whose 2020 Census population exceeds 50,000 persons; and
(2) counties which qualify as an urban county; and
WHEREAS, the term "urban county" means any county within a metropolitan area which:
(1) is authorized under state law to undertake essential community development and
housing assistance activities in its incorporated areas which are not units of general local
government; and
(2) has a combined population of 200,000 or more in such unincorporated areas and in
its included units of local government:
(A) in which it has authority to undertake essential community development and
housing assistance activities and which do not elect to have their population
excluded; or
(B) with which it has entered into cooperation agreements to undertake or to
assist in the undertaking of essential community development and housing
assistance activities; and
WHEREAS, four cities (Albany, Emeryville, Newark and Piedmont) in Alameda County
have a 2020 Census population of less than 50,000 and desire to participate in the Alameda County
Urban County; and one city has a population over 50,000 (Dublin) and desires to participate in the
Alameda County Urban County; and
WHEREAS, the participating cities, combined with the unincorporated portions of the
County of Alameda, form a combined 2020 Census population of 200,000 or more persons,
thereby qualifying as an urban county, and becoming eligible for an entitlement of Community
Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds; and
Cooperation Agreement
Page 1
24
WHEREAS, the participating cities agree that by executing these cooperative agreements
they may not apply for grants under the Small Cities or State CDBG Program from appropriations
for fiscal years during the period in which it is participating in the Urban County's CDBG program;
and
WHEREAS, the COUNTY and CITY cannot withdraw from the cooperative agreement
while the Program Year 2024-2026 Agreement remains in effect.
THEREFORE, it is agreed that:
1. CITY agrees that by executing this Agreement, CITY may not apply for grants from
appropriations under the Small Cities or State CDBG Program from appropriations for fiscal years
during the period in which it is participating in the Urban County' s CDBG program.
2. CITY agrees that by executing this Agreement, it may only receive a portion of the formula
allocation under the HOME Program through the Urban County. If the Urban County does not
receive a portion of the HOME formula allocation, the CITY cannot form a HOME Consortium
with other local governments. An Urban County or a unit of government participating with the
Urban County may apply to the State of California for HOME funds, if the State allows.
3. CITY agrees that by executing this Agreement, it may only receive the formula allocation
under the Emergency Solutions Grant (ESG) Program through the Urban County. If the Urban
County does not receive the ESG formula allocation, the CITY cannot form an Urban County with
other local governments. An Urban County or a unit of government participating with the Urban
County may apply to the State of California for ESG funds, if the State allows.
4. The Department of Housing and Urban Development, hereinafter called "HUD", has made
a determination that the COUNTY has the essential powers to operate as an urban county.
5. CITY and COUNTY will cooperate to undertake, or assist in undertaking, community
renewal and lower income housing assistance activities, specifically urban renewal and publicly
assisted housing, hereinafter called "PROGRAM", to be carried out with annual Community
Development Block Grant and HOME Investment Partnership funds, hereinafter called
"CDBG/HOME FUNDS", from Federal fiscal years 2024, 2025 and 2026 appropriations and from
any program income generated from the expenditure of such funds. Community renewal and lower
income housing assistance activities shall be those designated or referred to within Title I of the
ACT and Title II of the Cranston -Gonzalez National Affordable Housing Act and the regulations
issued pursuant thereto.
6. To carry out community renewal and lower income housing activities, COUNTY shall
distribute to CITY a portion of the CDBG funds received under the ACT from Federal fiscal years
2024, 2025 and 2026 appropriations. The funds distributed to CITY shall be determined in
accordance with such needs, objectives, or strategies, as COUNTY shall decide. In preparing the
needs, objectives or strategies, COUNTY shall consult with CITY before making its
determinations. The distribution of HOME funds to the Urban County is based on the review and
Cooperation Agreement
Page 2
25
recommendations of proposals received in response to an annual RFP.
7. It is expressly understood that as a recipient of the CDBG/HOME/ESG Funds from HUD,
COUNTY and CITY must take all actions necessary to assure compliance with the Urban County's
certification required by Section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act,
and to affirmatively further fair housing. COUNTY and CITY must comply with Section 109 of
Title I of the Housing and Community Development Act of 1974, which incorporates Section 504
of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975, and other applicable
laws, and all regulations issued pursuant thereto. Further, urban county funding for activities in
or in support of any city that does not affirmatively further fair housing within its own jurisdiction
or that impedes the county's actions to comply with its fair housing certification is prohibited.
a. COUNTY and CITY must have a policy prohibiting the use of excessive force by law
enforcement agencies within its jurisdiction against any individual engaged in non-violent civil
rights demonstrations; and
b. COUNTY and CITY must have a policy of enforcing applicable State and local laws
against physically barring entrance to or exit from a facility or location which is the subject of such
non-violent civil rights demonstrations within jurisdictions.
8. CITY may not sell, trade, or otherwise transfer all or any portion of the CDBG/HOME
FUNDS to a metropolitan city, urban county, unit of general local government, or Indian tribe or
insular area that directly or indirectly receives CDBG funds in exchange for any other funds,
credits or non-federal considerations, CITY must use the CDBG/HOME FUNDS for activities
eligible under Title I of the Housing and Community Development Act of 1974, as amended and
Title II of the Cranston -Gonzalez National Affordable Housing Act.
9. Pursuant to 24 CFR 570.501(b), CITY is subject to the same requirements applicable to
sub -recipients, including the requirement of a written agreement set forth in CFR 570.503.
10. CITY shall inform COUNTY of any income generated by the expenditure of CDBG funds
received by the CITY. CITY shall pay any such program income to COUNTY or CITY may retain
program income subject to requirements set forth in this Agreement and with written approval of
the COUNTY. Any program income CITY is authorized to retain may only be used for eligible
activities in accordance with all CDBG requirements as may then apply. COUNTY has the
responsibility for monitoring and reporting to HUD on the use of any such program income thereby
requiring appropriate record keeping and reporting by CITY as may be needed for this purpose.
In the event of close-out or change in status of CITY, any program income that is on hand or
received subsequent to the close-out or change in status shall be paid to COUNTY.
11. In regard to real property that is within the control of CITY due to being acquired or
improved in whole or in part using CDBG funds, CITY must give timely notification to COUNTY
for any modification or change in the use of the real property from that planned at the time of
acquisition or improvement including disposition. CITY must reimburse COUNTY in an amount
equal to the current fair market value (less any portion thereof attributable to expenditures of non -
Cooperation Agreement
Page 3
26
CDBG funds) of property acquired or improved with CDBG funds that is sold or transferred for a
use which does not qualify under the CDBG regulations. Any program income generated from
the disposition or transfer of property prior to or subsequent to the close-out, change of status or
termination of the cooperation agreement between COUNTY and CITY shall be paid to
COUNTY.
12. CITY shall provide COUNTY with all information concerning CITY and the activities
CITY carried out under this agreement which COUNTY requires to prepare 1) documents required
to be submitted to HUD, 2) annual performance report, 3) such other documents as COUNTY may
require to carry out community renewal and lower income housing activities or meet Federal
requirements. All information shall be submitted on forms prescribed by COUNTY. In addition,
CITY agrees to make available upon request all records concerning the activities carried out under
this Agreement for inspection by COUNTY or Federal officials during regular business hours.
13. CITY designates City Administrator or his/her designee as the official to whom all notices
and communications from COUNTY shall be directed. COUNTY's duty to notify CITY shall be
complete when the communication is sent to the designated official or deputy. It is the exclusive
duty of the designated official or deputy to notify the correct individuals or departments within
CITY.
14. CITY shall defend, indemnify and hold harmless COUNTY, its officers, employees and
agents from liability for any fines, penalties, or damage of any type accruing to COUNTY by virtue
of CITY's failure to comply with any requirement of the ACT and the regulations issued pursuant
thereto, or failure to comply in any respect with the PROGRAM described herein. Further, CITY
shall defend, indemnify and hold harmless COUNTY, its officers, employees, and agents against
any and all liability for injury or damage caused by any act or omission of CITY or any of CITY's
employees or volunteers in the performance of the contract or PROGRAM and CITY shall hold
COUNTY harmless from any and all loss occasioned in the performance of, or otherwise arising
out of, this Agreement or PROGRAM.
15. This Agreement shall go into effect immediately upon the signature of both parties and
shall continue in full force and effect until the CDBG/HOME/ESG Funds and program income
received with respect to activities carried out during the three-year qualification period (Federal
fiscal years 2024, 2025 and 2026) are expended and the funded activities completed. CITY will
be included in the urban county for the entire three years period funded by CDBG/HOME/ESG
Funds from Federal fiscal years 2024, 2025 and 2026. Appropriations may not be withdrawn from
the urban county during this agreement period. During the three year qualification period, Federal
fiscal years 2024, 2025 and 2026, CITY and any other included unit of general local government
shall not withdraw from nor be removed from the Urban County and cannot terminate or withdraw
from the cooperation agreement.
16. CITY agrees that it has adopted and is enforcing a policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuals engaged in non-
violent civil rights demonstrations and a policy of enforcing applicable State and local laws against
physically barring entrance to or exit from a facility or location which is the subject of such non-
violent civil rights demonstrations within its jurisdiction.
Cooperation Agreement
Page 4
27
17. CITY agrees that COUNTY has final responsibility for selecting CDBG, ESG and HOME
activities and annually filing the Annual Action Plan with HUD, although if the COUNTY is a
member of a HOME Consortium, the Consortium submits the Plan developed by the COUNTY.
18. This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, but all of which, taken together, shall constitute one and the same agreement.
[SIGNATURES TO FOLLOW ON THE NEXT PAGE]
Cooperation Agreement
Page 5
28
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first mentioned above.
CITY OF DUBLIN, COUNTY OF ALAMEDA
A municipal corporation
Linda Smith, City Manager President, Board of Supervisors
DATE: DATE:
ATTEST: ATTEST:
Marsha Moore, City Clerk Clerk, Board of Supervisors
DATE: DATE:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Donna R. Ziegler, County Counsel
John Bakker, City Attorney
DATE:
DocuSigned by:
By: ,l,t t,IA..� t od
`A 8 24
Kathleen T° IM1, deputy County Counsel
By signing above, signatory warrants and represents that he/she executed this Agreement
in his/her authorized capacity and that by his/her signature on this Agreement, he/she or
the entity upon behalf of which he/she acted, executed this Agreement.
Cooperation Agreement
Page 6
29
Attachment 3
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Community Development Block Grant Program Review
Prepared by: Jason Earl, Senior Management Analyst
EXECUTIVE SUMMARY:
Agenda Item 8.2
The City Council will receive a report on the Community Development Block Grant (CDBG)
program and consider becoming an Entitlement City and receiving funding directly from the U.S.
Department of Housing and Urban Development (HUD) starting in 2024 or remaining in the
Alameda County Urban County program. The City currently receives CDBG funding through the
Urban County program administered by Alameda County Housing and Community Development
(HCD). The City must notify HUD and the County of its decision by June 12, 2023.
STAFF RECOMMENDATION:
Direct Staff to either remain in the Alameda County Urban County program or pursue Entitlement
City status and notify HUD and Alameda County HCD of the 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 is estimated to cost approximately $50,000 for consultant
services to plan the program in Fiscal Year 2023-24 and would also include a provision of staff
time. Program administration costs, including staffing, would begin in Fiscal Year 2024-25. These
costs could be partially offset by the CDBG program which allows 20 percent of the annual funding
allocation.
DESCRIPTION:
Background
The Community Development Block Grant (CDBG) program provides annual grants to states,
cities, and counties to develop viable urban communities by expanding economic opportunities,
principally for low-income and moderate -income persons and providing a suitable housing and
living environment. The program is authorized under Title 1 of the Housing and Community
Page 1 of 7
30
Development Act of 1974 and is administered by the U.S. Department of Housing and Urban
Development (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
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 provides an opportunity 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 unincorporated Alameda County and the cities of Albany, Emeryville, Newark,
and Piedmont.
Dublin's participation provides approximately $245,000 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 includes 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 of 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 and includes funding for programs like Meals on
Wheels for Dublin's Homebound Seniors. 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. For Fiscal Year 2022-2023, Dublin was awarded approximately
$85,000 in public services grants. However, the City's allocation for Fiscal Year 2023-24 will be
reduced to approximately $45,000. This allocation is lower due to other participants in the Urban
Page 2 of 7
31
County program using their full allocation so there are fewer unused funds that Dublin can utilize.
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 the application
submittal. Approximately $475,000 is available annually to share amongst the Urban County
jurisdictions. This includes a $350,000+/- "capital pool" which is available for projects through an
RFP program, and approximately $125,000 in previously programmed categories like Rental
Housing Rehabilitation and Preservation, and Minor Home Repair. The "capital pool" funds are
shared amongst the Urban County jurisdictions and awarded to projects on a competitive basis.
The amount of money available for projects in Dublin can vary from year to year.
Historically, Dublin's CDBG program efforts have primarily focused on Public Service Grants.
However, during the 2020 program review, Staff identified the opportunity for the City to expand
its CDBG program by utilizing Capital Grant Funds. Since that time, the City has secured
$1,049,130 in capital funds for service organizations as shown in Table 1 below. For example,
Dublin was able to obtain $419,130 in Capital Grant funding this fiscal year as part of the Urban
County program. This includes $200,000 for Axis Community Health to acquire property for a new
facility in Livermore which will serve the greater Tri-Valley area, and $219,130 for the School of
Imagination to expand their parking lot and increase their program enrollment in Dublin. This
funding level is more than the $350,000 capital grant budget due to carryover of prior year
unspent capital funds. Table 1 below provides the capital grant funding amounts that Dublin
received over the last 10 years.
Table 1. Capital Grant Funding FY 2013-14 through FY2022-23
None FY2013-14 $
None FY2014-15 $
None
FY2015-16 $
None
FY2016-17 $
None
FY2017-18 $
None
FY2018-19 $
None
FY2019-20 $
Open Heart Kitchen
FY2020-21 $ 330,000
Open Heart Kitchen
FY2021-22 $ 300,000
Axis Community Health
FY2022-23 $ 200,000
School of Imagination
FY2022-23 $ 219,130
Total $ 1,049,130
The City is required to act every three years 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, 2017, and 2020 to remain in the
Urban County program. The City must again decide to either: 1) remain in the Urban County
program and enter into a new three-year Cooperative Agreement; or 2) become an Entitlement
City and initiate the process to establish that program. The City must inform HUD and Alameda
Page 3 of 7
32
County HCD of its decision by June 12, 2023.
Analysis
The City of Dublin has the option to become an Entitlement City and receive CDBG funds directly
from HUD and to take over administration of the CDBG program beginning in 2024 or to remain
part of the Urban County program. Table 3 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 based on Fiscal Year 2022-2023 funding and by estimated Entitlement City figures provided
by HUD.
Table 2. Urban County & Entitlement City Program Matrix
Program Component
Urban County Program
(FY 2024/2025)
Entitlement City (Estimated)
CDBG Annual Allocation
(Allocated to programs noted
below)
$245,000 (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)
$245,000 +/- (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)
$36,750 (Note: Can utilize unused
Urban County funds to increase this
amount. For example, Dublin awarded
$85,000 in FY 2022/23 by accessing
unused funds from other Urban
County jurisdictions)
$36,750 (estimated total amount based
on the above number)
Capital Grants (To non-profit
organizations for capital
improvements)
Portion of $350,000 Urban County
pool awarded by County (Recent
examples include: Axis Health $200K
facility acquisition funding, School of
Imagination $219K parking lot
expansion funding)
$159,250 total to be allocated by Dublin
through RFP (Unused funds can be
carried over into future years 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)
This program is administered directly
through the Urban County.
CDBG can be used for related support
services outside of 15% services cap.
HOME funds are used to provide
financial assistance.
Page 4 of 7
33
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
and the City of Livermore which is an
Entitlement City)
Up to 5x CDBG allocation (total
cumulative balance of all outstanding
HUD 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 $42,400 to
Alameda County
$49,000 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: $50,000)
Annual Action Plan and
Citizen Participation Plan
Prepared annually by County with staff Prepared annually by City (costs offset
input (costs offset by Program by Program Administration funds)
Administration funds)
Monitoring and Reporting to I Prepared annually by the County
HUD
Prepared annually by the City
Comparable/Nearby Entitlement Cities
Table 3 below provides the CDBG allocation for FY2022-23 for comparable and nearby
Entitlement Cities.
Table 3. Comparable Entitlement City Annual Allocations
Walnut Creek (Contra Costa County)
69,700
$ 357,700
Pleasanton (Alameda County)
78,250
$ 338,800
Milpitas (Santa Clara County)
79,000
$ 648,000
Livermore (Alameda County)
86,800
$ 334,200
Dublin (Alameda County)
71,700
$ 245,000
*Entitlement City figures for Dublin estimated based on information provided by HUD.
Census Data from US Census Bureau
The cities of San Ramon (population 86,000) and Brentwood (population 65,000) are examples
similar in size and demographics to the City of Dublin that are not Entitlement Cities and are not
currently planning to change their status.
Page 5 of 7
34
As an example of how CDBG funds can be spent by category, Table 4 below shows how the cities of
Livermore and Pleasanton propose spending their annual CDBG allocations as Entitlement Cities
in FY2022-23.
Table 4. Livermore and Pleasanton CDBG Allocation by Category FY2022-23
Program Component
Pleasanton
Capital Grants
HUD Section 108 Loan Repayment (for Axis Community Health Clinic) $
28,425 $ 24,749
Axis Community Health New Service Dental Site $
$ 195,483
Tri-Valley Haven - Rental Assistance
$ 47,905
Abode Services - Rapid Re -Housing
$ 32,184
Hagemann Farm Loan Repayment
$ 91,445
Public Service Grants
Open Heart Kitchen
$ 22,023 $ 25,965
Spectrum Community Services
$ 35,521 $ 24,857
Administration
$ 76,725 $ 67,763
Total
$ 334,228 $ 338,817
Urban County Program
Over the last three years the City of Dublin has benefitted from being the Urban County program
and having use of Capital Grants from the Urban County Pool while also using more than our share
of the funds from the pool of Urban County Public Service Grants. If Dublin were to remain in the
Urban County program, there would continue to be opportunities for the City to seek unused
funds from both pools of money to fund programs in Dublin using CDBG funds. 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.
Entitlement City
Becoming an Entitlement City would provide the City with greater control over CDBG program
administration and certainty regarding annual Capital Grant funding. However, it could also
reduce the maximum amount of potential Capital Grant and Public Service Grant funding available
each year because the City could no longer utilize unused funds in the Urban County pool. The
change in control would also result in additional work to administer the program including the
upfront consultant time and cost to plan the program. Staff believes significant additional staff
time would be necessary to manage the CDBG start up and ongoing program administration. This
would either come in the form of redeployed staff resources or staff augmentation through a
consultant.
ENVIRONMENTAL REVIEW
This information report is not subject to the requirements of the California Environmental Quality
Act (CEQA), pursuant to CEQA Guidelines Section 15378 as it does not meet CEQA's definition of a
Page 6 of 7
35
project and will not result in direct or indirect physical changes in the environment.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
Page 7 of 7
36
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.3
SU B.ECT : Second Amendment to the Agreement with HF&H Consultants, LLC for
Senate Bill 1383 and Solid Waste Franchise Support Services
Prepared by: Michelle Sung, Environmental Technician
EXECUTIVE SUMMARY:
The City Council will consider approving a second amendment to the agreement with HF&H
Consultants, LLC for Senate Bill 1383 and solid waste franchise support services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #2 to the Agreement with HF&H Consultants, LLC for
Senate Bill 1383 and Solid Waste Franchise Support Services.
FINANCIAL IMPACT:
The second amendment to the agreement with HF&H Consultants, LLC extends the term for two
years, through June 30, 2026, (for a total contract term of five years) and increases the not -to -
exceed compensation by $45,900, which includes $15,000 contingency, for a total contract amount
of $268,975 since project inception. The increased compensation is funded by the City's Alameda
County Waste Reduction and Recycling Initiative (Measure D) Fund, and there is sufficient
appropriation to cover the additional costs. There is no impact to the General Fund.
DESCRIPTION:
On June 1, 2021, the City Council adopted Resolution 55-21 approving an agreement with HF&H
Consultants, LLC for Senate Bill (SB) 1383 and Solid Waste Franchise support services for a term
of two years and a not -to -exceed compensation amount of $111,075. (Attachment 3). On April 5,
2022, the City Council adopted Resolution 25-22 amending the agreement to include additional
scope of work for as -needed franchise agreement technical assistance, such as performance and
compensation reviews. The amendment also extended the term of the services by 12 months and
increased the not -to -exceed compensation amount to $223,075 (Attachment 4).
Page 1 of 2
37
Staff recommends a second amendment to the agreement with HF&H Consultants, LLC, to include
additional scope of work to provide additional SB 1383 assistance, extend the term of services by
two years to June 30, 2026, and increase the not -to -exceed compensation amount by $45,900 to a
new total of $268,975. The additional compensation includes $15,000 of contingency for as -
needed, technical assistance.
Specifically, the proposed amendment to the agreement includes the following additional tasks
that will be completed on a time -and -materials basis:
• Support compost brokering. HF&H Consultants will facilitate an arrangement with Agromin
Inc. to broker SB 1383's required quota of recovered organic waste each year. Agromin
manufactures soil products for farmers, landscapers, and gardeners, including SB-1383-
compliant compost and mulch. The scope includes negotiating and facilitating a review of
an agreement with Agromin and working with Agromin at each reporting milestone to
ensure the City is on track to meet its annual SB 1383 procurement requirement. Through
this arrangement with Agromin, recovered organic waste materials would be brokered out
to end users in agriculture and landscaping throughout California.
• Support modification of the Dublin Municipal Code and design guidelines for development
proiects. HF&H Consultants will work with Staff to modify the Dublin Municipal Code to
clarify requirements for new and existing development related to SB 1383 requirements
for the provision of adequate space for recycling and organics containers.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Amendment #2 to the Agreement with HF&H Consultants, LLC for
Senate Bill 1383 and Solid Waste Franchise Support Services
2) Exhibit A to the Resolution - Amendment to the Agreement with HF&H Consultants, LLC
3) Agreement with HF&H Consultants, LLC
4) Amendment #1 to the Agreement with HF&H Consultants, LLC
Page 2 of 2
38
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #2 TO THE AGREEMENT WITH HF&H CONSULTANTS, LLC
FOR SENATE BILL 1383 AND SOLID WASTE FRANCHISE SUPPORT SERVICES
WHEREAS, in March 2021, the City issued a Request for Proposals (RFP) for Solid Waste
Franchise Agreement Amendment and California Senate Bill (SB) 1383 Implementation
Assistance for support with contract negotiations with the City of Dublin's franchised waste hauler,
Amador Valley Industries; and
WHEREAS, Staff reviewed and evaluated the proposal in accordance with the RFP rating
criteria and the City entered into an agreement with HF&H Consultants, LLC for solid waste
franchise agreement amendment and SB 1383 implementation services; and
WHEREAS, the City amended the agreement with HF&H Consultants, LLC on April 5, 2022
to increase the scope of work, increase the compensation, and extend the term of the contract;
and
WHEREAS, the City wishes to further amend the agreement with HF&H Consultants, LLC
to expand the scope of work, increase the compensation, and extend the contract term to June
30, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Amendment #2 to the agreement with HF&H Consultants, LLC, attached hereto
as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
the Amendment, and make any necessary, non -substantive changes to the Amendment to carry
out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 39
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
AMENDMENT #2 TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND
HF&H CONSULTANTS, LLC
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and HF&H Consultants, LLC (hereinafter referred to as "CONSULTANT ") entered
into a CONSULTANT Services Agreement for Solid Waste Franchise Agreement Amendment
and SB 1383 Implementation services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, on April 5, 2022, the CITY and CONSULTANT amended the
AGREEMENT to add scope, budget, and extend the term of service to June 30, 2024; and
WHEREAS, the scope of work in the existing AGREEMENT is on -going; and
WHEREAS, the CITY and CONSULTANT now mutually desire to amend the
AGREEMENT to include additional scope of work as described in Exhibit A, increase the
compensation, and extend the term of services to June 30, 2026; and
WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to update the compensation schedule by modifying Exhibit B of the
AGREEMENT.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2026, 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.
2) Section 2 shall be rescinded in its entirety and replaced with the following:
Compensation. City hereby agrees to pay Consultant a sum not to exceed
$268,975, which includes a $15,000 contingency notwithstanding any contrary
Page 1 of 3
40
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
indications that may be contained in Consultant's proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Consultant's proposal, attached as Exhibit A,
regarding the amount of compensation, the Agreement shall prevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant's estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subconsultants of Consultant. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which Consultant and its employees, agents, and
subconsultants may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
3) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the
attached.
4) Revised Exhibit B (Compensation Schedule & Reimbursable Expenses) of the
AGREEMENT is amended per the attached.
5) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
41
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN HF&H CONSULTANTS, LLC
oacusIprb db :
By: By:
Linda Smith, City Manager —'I $'b liifon, President
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
City Attorney
Page 3of3
42
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
EXHIBIT A
SCOPE OF SERVICES
Task 1- Franchise Agreement Amendments and SB 1383 Implementation
The Consultant will examine the City's existing franchise agreement with AVI to determine
what tasks and activities are recommended to be included in the franchise agreement as
hauler responsibilities to ensure the City's compliance with SB 1383 regulations. The
Consultant will also review the City's solid waste ordinances and provide guidance on
recommended updates to the ordinances to meet SB 1383 requirements.
Tasks:
1. Review the City's solid waste franchise agreement and related activities performed
by the City's waste hauler to conduct a gap analysis to assess what programs and
activities are needed for the City to be in compliance with all SB 1383 provisions.
As part of the gap analysis, the Consultant will identify areas where the City is
already meeting SB 1383 requirements and areas in which new programs/activities
are required to meet SB 1383 mandates.
2. Identify SB 1383 program areas that should be implemented with City staff or
resources and those that should be considered during solid waste franchise
agreement contract negotiations as hauler obligations.
3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both
for City supported programs/activities and hauler programs and activities. The
financial analysis must identify potential funding streams for the various
programs/activities.
4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement
amendments. Provide recommendations to the City during contract negotiations.
5. Review the City's solid waste ordinances and template ordinances provided by
CalRecyle and/or StopWaste and provide a draft ordinance revision and
recommendations regarding updating City ordinances to meet SB 1383 mandates.
6. Support City staff with preparations and presentation to City Council
Deliverables:
At minimum, deliverables for Task 1 shall include the following:
1. Gap Analysis on franchise agreement and other solid waste program activities to
determine SB 1383 compliance status.
43
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
2. Financial Report detailing program implementation costs and potential funding sources
to meet SB 1383 mandates.
3. Report outlining suggested amendments to the City's existing solid waste franchise
agreement.
4. Provide a draft solid waste ordinance revision with recommendations for updates to
the City's solid waste ordinances.
Task 2- Franchise Management Technical Assistance
As directed by the City, HF&H will assist with various tasks associated with monitoring,
managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding
the City's solid waste, recyclables, and organics materials collection and post -collection
contract. As directed by the City, HF&H will also assist with various tasks associated with
the rates, charges, and cost of service related to the City's franchised solid waste,
recyclables, and organic materials, collection and post -collection operations. Tasks may
include, but are not limited to performance and compensation reviews, review of annual rate
applications, and audits. HF&H will be available on a time and materials basis.
Task 3- SB 1383 Technical Assistance
Tasks:
1. Support Compost Brokering. HF&H will support the City in achieving compliance
with its SB 1383 "Recovered Organic Waste Product Procurement" requirements
as modified by AB 1985 in 2022. Specifically HF&H will facilitate an arrangement
with Agromin, Inc. to broker the City's recovered organic waste quota each year on
the City's behalf. Under this arrangement, Agromin would qualify as a direct service
provider to the City. In addition, the Agreement with Agromin would have provisions
for the City or City -specified projects to receive SB 1383-compliant compost or
mulch products. HF&H's scope of work for this task will include negotiating an
Agreement with Agromin, facilitating review of that Agreement by City Attorney's
office, and preparing a brief staff report for City staff to bring the Agreement to City
Council. Following City Council adoption of the Agreement, HF&H will work with
Agromin at each reporting milestone to receive and review the reports and ensure
that the City is on track for their annual requirements.
2. Support Modification of Municipal Code and Design Guidelines for Development
Projects. HF&H will work with City staff to modify the Dublin Municipal Code to
clarify requirements for new developments related to adequate space for recycling
and organics. HF&H will facilitate a design session with City staff, including solid
waste, engineering, and planning/building staff, to discuss the desired changes to
the Municipal Code. Based on the input in the design session, HF&H will research
practices in other communities to identify potential alternative approaches. HF&H
44
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
will meet again with City staff to discuss the proposed handling of the issue prior to
drafting the revised code language. Based upon the agreed -upon approach, HF&H
will draft the Municipal Coad language and/or design guidelines for the City's
consideration. The scope of work for this task includes one revised draft of the
document.
3. Additional SB 1383 technical assistance may be requested by the City, as needed.
45
DocuSign Envelope ID: 21D99C95-AA4F-417E-A919-DBB0E989312D
Attachment 2
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consultant shall provide the services at the hourly rates shown in the table below. A new fee schedule is
issued at the beginning of each year, as approved by the City.
1
Hourly Rate
Executive
$305
Project Manager
$225
Project Advisor
$165
Lead Analyst
$115
Standard charges for common reimbursable direct expenses are as follows:
Automobile Travel — Prevailing IRS mileage rate
*Mileage fees are based on the round-trip distance from the point of origin.
*Reimbursable expenditures shall be itemized and provided as part of submitted invoices.
46
Attachment 3
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HF&H CONSULTANTS, LLC
THIS AGREEMENT for contract services is made by and between the City of Dublin ("City") and
HF&H Consultants, LLC ("Contractor") (together sometimes referred to as the "Parties") as of June 2, 2021
(the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2023 the date of completion specified in Exhibit A, and Contractor 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 Contractor 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 Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Contractor 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. Contractor 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 Contractor is engaged.
1.3 Assignment of Personnel. Contractor 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,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor 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 Contractor's obligations hereunder.
1.5 [Intentionally Deleted]
1.6 [Intentionally Deleted]
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $111,075,
notwithstanding any contrary indications that may be contained in Contractor's proposal, for services to be
Services Agreement between
City of Dublin and HF&H Consultants, LLC
June 2, 2021
Page 1 of 15
47
performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this
Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of compensation, the
Agreement shall prevail. City shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not
bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
■ The Contractor's signature;
• Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Services Agreement between
City of Dublin and HF&H Consultants, LLC
June 2, 2021
Page 2 of 15
48
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor 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 Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Contractor 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.
Services Agreement between
City of Dublin and HF&H Consultants, LLC
June 2, 2021
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Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor 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 Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
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SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, 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 Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor 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.
Contractor 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 Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor 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. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor 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 Contractor. 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, Contractor 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.
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor
of the City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation 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. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 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 Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
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c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor'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 Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor 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 All Policies Requirements.
4.3.1 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.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor 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 Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor 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 Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.3.4 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).
4.3.5 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.
4.3.6 Subcontractors. Contractor 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.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, 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 Contractor's performance of the Services 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.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor 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 Contractor 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 Contractor accepts or rejects the
tender of defense, whichever occurs first.
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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 Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor'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 Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor 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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor 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. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
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7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor 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. Contractor represents and warrants to City that Contractor 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. Contractor represents and warrants to City that Contractor 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,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor 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 Contractor under this Agreement.
Contractor 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 Contractor.
Contractor 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, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor 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. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
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Contractor 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 Contractor 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 Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor'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 Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor 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 Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor'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
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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June 2, 2021
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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 Contractor 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 Contractor's Books and Records. Contractor 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 Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor 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.
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.
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10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor 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.
Contractor 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 Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor 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.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 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.
10.9 Notices. Any written notice to Contractor shall be sent to:
HF&H Consultants, LLC
Att: Rob Hilton, President
201 North Civic Drive, Suite 230
Walnut Creek, CA 94596
Any written notice to City shall be sent to:
City of Dublin
Att: Michelle Sung, Environmental Technician
100 Civic Plaza
Dublin, CA 94568
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
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June 2, 2021
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Exhibit A
Exhibit B
Scope of Services
Compensation Schedule
10.11 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.
10.12 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 Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor 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
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June 2, 2021
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN
DocuSigned by:
HF&H Consultants, LLC
[-DocuSigned by:
'1Q t°V1.'
000 Lrr V44 4.
Lin a mit , ity Manager Rob Hilton, President
Attest:
DocuSigned by:
D22E4A.
Marsha Moore, City Clerk
Approved as to Form:
5DocuSigned by:
6rkitA, 6s6p for
aurr--_Pair_ �. �...
City Attorney
3070365.1
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June 2, 2021
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EXHIBIT A
SCOPE OF SERVICES
The Consultant will examine the City's existing franchise agreement with AVI to determine what tasks and
activities are recommended to be included in the franchise agreement as hauler responsibilities to ensure
the City's compliance with SB 1383 regulations. The Consultant will also review the City's solid waste
ordinances and provide guidance on recommended updates to the ordinances to meet SB 1383
requirements.
Tasks:
1. Review the City's solid waste franchise agreement and related activities performed by the City's
waste hauler to conduct a gap analysis to assess what programs and activities are needed for
the City to be in compliance with all SB 1383 provisions. As part of the gap analysis, the
Consultant will identify areas where the City is already meeting SB 1383 requirements and areas
in which new programs/activities are required to meet SB 1383 mandates.
2. Identify SB 1383 program areas that should be implemented with City staff or resources and
those that should be considered during solid waste franchise agreement contract negotiations
as hauler obligations.
3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both for City
supported programs/activities and hauler programs and activities. The financial analysis must
identify potential funding streams for the various programs/activities.
4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement
amendments. Provide recommendations to the City during contract negotiations.
5. Review the City's solid waste ordinances and template ordinances provided by CalRecyle and/or
StopWaste and provide a draft ordinance revision and recommendations regarding updating City
ordinances to meet SB 1383 mandates.
6. Support City staff with preparations and presentation to City Council
Deliverables:
At minimum, deliverables for this project shall include the following:
1. Gap Analysis on franchise agreement and other solid waste program activities to determine SB 1383
compliance status.
2. Financial Report detailing program implementation costs and potential funding sources to meet SB
1383 mandates.
3. Report outlining suggested amendments to the City's existing solid waste franchise agreement.
4. Provide a draft solid waste ordinance revision with recommendations for updates to the City's solid
waste ordinances.
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City of Dublin and HF&H Consultants, LLC Exhibit A — Page 1 of 1
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EXHIBIT B
COMPENSATION SCHEDULE
Project Project Lead
Executive Admin
Manager Advisor Analyst Labor
5 305 $ 225 $ 260 $ 165 $ 115 Hours
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City of Dublin and HF&H Consultants, LLC Exhibit B — Page 1 of 1
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Attachment 4
AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
HF&H CONSULTANTS, LLC
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and HF&H Consultants, LLC (hereinafter referred to as " CONTRACTOR ") entered
into a Contractor Services Agreement for Solid Waste Franchise Agreement Amendment and
SB 1383 Implementation services (hereinafter referred to as the "AGREEMENT"); and
WHEREAS, the scope of work in the existing AGREEMENT is on -going and
additional budget is required to complete the scope of work; and
WHEREAS, the CITY and CONTRACTOR mutually desire to amend the
AGREEMENT to include additional scope of work as described in Exhibit A, increase the
compensation, and extend the term of services to June 30, 2024.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1 shall be rescinded in its entirety and replaced with the following:
SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as revised
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.
2) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2024, and Contractor 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 Contractor
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 Contractor and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by
the Contractor 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.
3) Section 2 shall be rescinded in its entirety and replaced with the following:
Page 1of3
64
Attachment 4
COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$223,075, notwithstanding any contrary indications that may be contained in
Contractor's proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict between this Agreement and
Contractor's proposal, attached as Exhibit A, regarding the amount of compensation,
the Agreement shall prevail. City shall pay Contractor 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 Contractor for services
rendered pursuant to this Agreement. Contractor shall submit all invoices to City in
the manner specified herein. Except as specifically authorized by City in writing,
Contractor shall not bill City for duplicate services performed by more than one
person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor's estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which Contractor and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
4) Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the
attached.
5) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
6) All requisite insurance policies to be maintained by the Contractor pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
7) The individuals executing this Amendment and the instruments referenced in it on
behalf of Contractor each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
Page 2 of 3
65
Attachment 4
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed as of the date of the City Manager's signature below.
CITY OF DUBLIN HF&H CONSULTANTS, LLC.
By:
rDocuSi
:�f"
"EinaacgmilCity Manager
Dated: 4/14/2022
ATTESM1..OVIAA1
DocuSignedby: By: Wank,
MarshaVMloore, City Clerk
APPROVED AS TO FORM:
By:
sjDocuSigned by:
arkivA,bis6p f r
—J" `—tity Attorney
By:
Page 3 of 3
DocuSigned by:
Ro °FPiiton, President
66
Attachment 4
EXHIBIT A
SCOPE OF SERVICES
Task 1- Franchise Agreement Amendments and SB 1383 Implementation
The Consultant will examine the City's existing franchise agreement with AVI to determine
what tasks and activities are recommended to be included in the franchise agreement as
hauler responsibilities to ensure the City's compliance with SB 1383 regulations. The
Consultant will also review the City's solid waste ordinances and provide guidance on
recommended updates to the ordinances to meet SB 1383 requirements.
Tasks:
1. Review the City's solid waste franchise agreement and related activities performed
by the City's waste hauler to conduct a gap analysis to assess what programs and
activities are needed for the City to be in compliance with all SB 1383 provisions.
As part of the gap analysis, the Consultant will identify areas where the City is
already meeting SB 1383 requirements and areas in which new programs/activities
are required to meet SB 1383 mandates.
2. Identify SB 1383 program areas that should be implemented with City staff or
resources and those that should be considered during solid waste franchise
agreement contract negotiations as hauler obligations.
3. Provide a financial analysis detailing an estimate of SB 1383 program costs, both
for City supported programs/activities and hauler programs and activities. The
financial analysis must identify potential funding streams for the various
programs/activities.
4. Support City staff in contract negotiations with AVI on SB 1383 franchise agreement
amendments. Provide recommendations to the City during contract negotiations.
5. Review the City's solid waste ordinances and template ordinances provided by
CalRecyle and/or StopWaste and provide a draft ordinance revision and
recommendations regarding updating City ordinances to meet SB 1383 mandates.
6. Support City staff with preparations and presentation to City Council
Deliverables:
At minimum, deliverables for Task 1 shall include the following:
1. Gap Analysis on franchise agreement and other solid waste program activities to
determine SB 1383 compliance status.
67
Attachment 4
2. Financial Report detailing program implementation costs and potential funding sources
to meet SB 1383 mandates.
3. Report outlining suggested amendments to the City's existing solid waste franchise
agreement.
4. Provide a draft solid waste ordinance revision with recommendations for updates to
the City's solid waste ordinances.
Task 2- Franchise Management Technical Assistance
As directed by the City, HF&H will assist with various tasks associated with monitoring,
managing, analyzing, benchmarking, negotiating, and otherwise providing input regarding
the City's solid waste, recyclables, and organics materials collection and post -collection
contract. As directed by the City, HF&H will also assist with various tasks associated with
the rates, charges, and cost of service related to the City's franchised solid waste,
recyclables, and organic materials, collection and post -collection operations. Tasks may
include, but are not limited to performance reviews, review of annual rate applications, and
audits. HF&H will be available on a time and materials basis.
68
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.4
SU B.ECT : Agreement with Wesco Graphics, Inc. for Commercial Printing Services
Prepared by: Shari Jackman, Communications Manager
EXECUTIVE SUMMARY:
The City Council will consider approving a two-year agreement with Wesco Graphics, Inc. for the
printing and distribution of the City's newsletters and activity guides.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement With Wesco Graphics, Inc. for Commercial
Printing Services.
FINANCIAL IMPACT:
The two-year agreement has a not -to -exceed amount of $140,415.74. Funding for the first year of
services is included in the Fiscal Year 2023-24 Adopted Budget and funding for the remainder will
be included in next year's budget request.
DESCRIPTION:
The City has worked for several years with Wesco Graphics, Inc., in the printing and distribution of
the City's four annual Activity Guides, the City Report, and Annual Report newsletters. To
continue utilizing such contracted services over the next two years, Staff issued a Request for
Proposals in May (Attachment 3) and received one response, which was again from Wesco
Graphics.
The proposal from Westco Graphics is not to exceed $140,415.74 for a two-year term ending June
30, 2025. Per Chapter 2.36 of the Dublin Municipal Code, City Council approval is required for
procurement of goods and services in excess of $45,000 (DMC 2.36.090). As such, Staff is
recommending City Council approval to continue to utilize the services of Wesco Graphics.
Page 1 of 2
69
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Agreement With Wesco Graphics, Inc. for Commercial Printing
Services
2) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and
Wesco Graphics, Inc. for Commercial Printing Services
3) 2023 Printing Services RFP
Page 2 of 2
70
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT WITH WESCO GRAPHICS, INC. FOR COMMERCIAL
PRINTING SERVICES
WHEREAS, the City of Dublin requires printing services for its City Report, Annual Report,
and Activity Guides; and
WHEREAS, Staff conducted a Request for Proposals for such services and received one
proposal, which was from Wesco Graphics, Inc.; and
WHEREAS, the City has contracted with Wesco Graphics, Inc. for provision of printing and
distribution over the last six years, and Staff has been pleased with the work; and
WHEREAS, Wesco Graphics, Inc. proposes a two-year service term for a not -to -exceed
amount of $140,415.74 for printing services, which include distribution; and
WHEREAS, Section 2.36.090 of the Dublin Municipal Code requires City Council to
approve of supplies, equipment, and services with a cost greater than or equal to forty-five
thousand dollars ($45,000).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement with Wesco Graphics, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreement and make any necessary changes to carry out the intent of the Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1
71
Attachment 2
Exhibit A to the Resolution
CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
WESCO GRAPHICS, INC.
FOR
COMMERCIAL PRINTING SERVICES
THIS AGREEMENT for Commercial Printing services is made by and between the City of Dublin
("City") and Wesco Graphics, Inc.,("Contractor") (together sometimes referred to as the "Parties") as of
June 20, 2023 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1
Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2025, and Contractor 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 Contractor 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 Contractor
and the City Manager, provided that: a) sufficient funds have been appropriated for such
purchase, b) the price charged by the Contractor 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. Contractor 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 Contractor is engaged.
1.3 Assignment of Personnel. Contractor 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,
Contractor shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Contractor 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 Contractor's obligations hereunder.
1.5 Jlntentionally Deletedl.
1.6 Jlntentionally Deletedl.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 1 of 15
72
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$140,415.74, notwithstanding any contrary indications that may be contained in Contractor's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Contractor's proposal, attached as Exhibit B, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Contractor 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 Contractor for services rendered pursuant to this Agreement. Contractor shall
submit all invoices to City in the manner specified herein. Except as specifically authorized by City in
writing, Contractor shall not bill City for duplicate services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
■ The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
• The total number of hours of work performed under the Agreement by Contractor and
each employee, agent, and subcontractor of Contractor performing services
hereunder;
• The Contractor's signature;
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 2 of 15
73
■ Contractor shall give separate notice to the City when the total number of hours
worked by Contractor and any individual employee, agent, or subcontractor of
Contractor reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Contractor and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Contractor and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Contractor pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Contractor 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 Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall
not exceed $140,415.74. Expenses not listed in Exhibit B are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Contractor is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Contractor terminates this
Agreement pursuant to Section 8, the City shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 3 of 15
74
2.9 Authorization to Perform Services. The Contractor 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.
2.10 'Intentionally Deletedl.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor 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 Contractor only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein. Contractor shall make a written
request to City to use facilities or equipment not otherwise listed herein.
3.1 Safety Requirements. In accordance with generally accepted construction practices and
state law, Contractor shall be solely and completely responsible for conditions on the
jobsite, including safety of all persons and property during performance of the work. This
requirement shall apply continuously and not be limited to normal working hours.
Contractor shall take all necessary precautions and provide all necessary safeguards to
prevent personal injury and property damage. Contractor shall provide protection for all
persons including, but not limited to, its employees and employees of its subcontractors;
members of the public; and employees, agents, and representatives of the City and
regulatory agencies that may be on or about the work.
The services of the City in conducting review and inspection of Contractor's performance is
not intended to include review of the adequacy of Contractor's work methods, equipment,
bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.
All work and materials shall be in strict accordance with all applicable state, city, county,
and federal rules, regulations and codes, with specific attention to the United States
Department of Labor Occupational Health and Safety Administration (OSHA)
requirements. Contractor shall be solely responsible for compliance with all city, county,
and state explosive transport, storage, and blasting requirements and for any damages
caused by such operations.
Contractor is hereby informed that work on City property could be hazardous. Contractor
shall carefully instruct all personnel working on City property that all conditions of the
property are potentially hazardous work areas as to potential dangers and shall provide
such necessary safety equipment and instructions as are necessary to prevent injury to
personnel and damage to property. Special care shall be exercised relative to work
underground.
In addition to complying with all other safety regulations, Contractor shall abide by any and
all other City requirements contained in any specifications, special conditions or manuals,
which shall be made available by City upon request.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 4 of 15
75
Contractor shall provide and maintain all necessary safety equipment such as fences,
barriers, signs, lights, walkways, guards, and fire prevention and fire -fighting equipment
and shall take such other action as is required to fulfill its obligations under this section. It
is the intent of the City to provide a safe working environment under normal conditions.
CONTRACTOR IS ADVISED THAT CITY'S OPERATIONS AND PROPERTY ARE
INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED
SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE
TO PATHOGENS.
Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition
at all times. If required by the City, toilets shall be furnished by Contractor where needed
for use of its employees and their use shall be strictly enforced. Contractor shall not use
the City's existing sanitary facilities, unless previously authorized by the City.
Contractor shall keep adequate first aid facilities and supplies available and instruction in
first aid for its employees shall be given.
City reserves the right to require that Contractor bring onto the project or engage the
services of a licensed safety engineer at any time during the term of this Agreement. If
Contractor does not have a licensed safety engineer on staff, then City may require that
Contractor engage a subcontractor or subconsultant as the project's safety engineer.
Contractor shall bear all costs in connection with meeting the requirements of this section.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Contractor, 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 Contractor and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Contractor 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.
Contractor 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 Contractor's bid. Contractor shall not allow
any subcontractor to commence work on any subcontract until Contractor 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. Contractor shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Contractor 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 Contractor. 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, Contractor may rely on a self-
insurance program to meet these requirements, but only if the program of self-insurance
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 5 of 15
76
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 City for all work performed by the Contractor, its employees, agents, and
subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall
submit the following:
a. Certificate of Workers' Compensation 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. Contractor, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $2,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $2,000,000 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 without limitation, blanket contractual liability and 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.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 6 of 15
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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 Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Contractor'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 Contractor's insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor 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 All Policies Requirements.
4.3.1 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.
4.3.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Contractor 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 Contractor beginning work,
it shall not waive the Contractor's obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.3.3 Deductibles and Self -Insured Retentions. Contractor 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
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 7 of 15
78
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 Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.3.4 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).
4.3.5 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.
4.3.6 Subcontractors. Contractor 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.
4.4 Remedies. In addition to any other remedies City may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES. Contractor shall
indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, 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 Contractor's performance of the Services 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.
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the City, unless this time has been extended by the City. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 8 of 15
79
other remedy authorized by law, so much of the money due the Contractor 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 Contractor accepts or rejects the
tender of defense, whichever occurs first.
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 Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Contractor only insofar as the results of Contractor'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 Contractor accomplishes
services rendered pursuant to this Agreement. Contractor further acknowledges that
Contractor performs Services outside the usual course of the City's business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Contractor performs for the City, and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Contractor 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 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor 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.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 9 of 15
80
7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor 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. Contractor represents and warrants to City that Contractor 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. Contractor represents and warrants to City that Contractor 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,
Contractor and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Contractor 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 Contractor under this Agreement.
Contractor 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 Contractor.
Contractor 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, Contractor shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Contractor delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Contractor or
prepared by or for Contractor or the City in connection with this Agreement.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 10 of 15
81
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. Contractor understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Contractor 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 Contractor 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 Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor'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 Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor 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 Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor 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 Contractor pursuant to Section 2 if Contractor had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor'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
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 11 of 15
82
Contractor prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Contractor hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Contractor 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 Contractor's Books and Records. Contractor 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 Contractor to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Contractor 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 Severabilitv. 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.
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
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10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Contractor 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.
Contractor 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 Contractor was an employee, agent,
appointee, or official of the City in the previous 12 months, Contractor warrants that it did
not participate in any manner in the forming of this Agreement. Contractor understands
that, if this Agreement is made in violation of California Government Code Section 1090 et
seq., the entire Agreement is void and Contractor will not be entitled to any compensation
for services performed pursuant to this Agreement, including reimbursement of expenses,
and Contractor will be required to reimburse the City for any sums paid to the Contractor.
Contractor 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.
10.7 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.8 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.
10.9 Notices. Any written notice to Contractor shall be sent to:
Wesco Graphics, Inc.
Attn: Betty Estes
410 E. Grant Line Rd. #B
Tracy, CA 95376
Any written notice to City shall be sent to:
City of Dublin
Att:_Jacqui Hatzikokolakis
100 Civic Plaza
Dublin, CA 94568
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 13 of 15
84
10.10 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, and B represents the entire and integrated agreement
between City and Contractor and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A
Exhibit B
Scope of Services
Compensation Schedule & Reimbursable Expenses
10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute
one agreement. Counterparts delivered and/or signatures executed by City -approved
electronic or digital means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in accordance
with applicable federal and California law. Either Party may revoke its agreement to use
electronic signatures at any time by giving notice to the other Party.
10.12 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 Contractor's signature below Contractor
certifies that Contractor, and any parent entities, subsidiaries, successors or subunits of
Contractor 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
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 14 of 15
85
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 WESCO GRAPHICS, INC.
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
��.,DofcfuSigned by:
(/�-(l ti fsks
Betty Estes, Vice President
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services
June 20, 2023
Page 15 of 15
86
EXHIBIT A
SCOPE OF SERVICES
Printing, mailing (preparation and delivery, not actual postage), and delivery of the next eight (8) issues of
Dublin's Activity Guide, two (2) issues each of the Annual Report, City Report, and up to two (2) miscellaneous
newsletters. Postscript CMYK files will be provided eight (8) business days ahead of the delivery dates
noted below.
1. 2023-24 FaIIlWinter Guide
80 pages + 4-page cover
24,500 copies
2023 Annual Report (inserted):
12 pages
24,500 copies
Delivered to the Post Office on Tuesday, August 8, 2023, by 5:00 p.m.
2. 2024 Spring Guide
72 pages + 4-page cover
24,500
Delivered to the Post Office on Tuesday, January 9, 2024, by 5:00 p.m.
3. 2024 Summer Camps & Aquatics Guide
56 pages + 4-page cover
24,500 copies
2023-24 City Report Inserted):
20 pages
24,500 copies
Delivered to the Post Office Tuesday, February 6, 2024, by 5:00 p.m.
4. 2024 Summer Guide
88 pages + 4-page cover
24,500 copies
Delivered to the Post Office on Tuesday, April 2, 2024, by 5:00 p.m.
5. 2024-25 FaIIlWinter Guide
80 pages + 4-page cover
24,500 copies
2024 Annual Report (inserted):
12 pages
24,500 copies
Delivered to the Post Office on Tuesday, August 6, 2024, by 5:00 p.m.
6. 2025 Spring Guide
72 pages + 4-page cover
Services Agreement between June 20, 2023
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services Exhibit A — Page 1 of 3
87
24,500 copies
Delivered to the Post Office on Tuesday, January 7, 2024, by 5:00 p.m.
7. 2025 Summer Camps & Aquatics Guide
56 pages + 4-page cover
24,500 copies
2024-25 City Report:
20 pages
24,500 copies
Delivered to the Post Office on Tuesday, February 4, 2024, by 5:00 p.m.
8. 2025 Summer Guide
88 pages + 4-page cover
24,500 copies
Delivered to the Post Office on Tuesday, April 1, 2024, by 5:00 p.m.
9. Newsletter #1 (TBD)
12 pages
24,500 copies
To be delivered on the same schedule with one of the above Activity Guides (TBD)
10. Newsletter #2 (TBD)
12 pages
24,500 copies
To be delivered on the same schedule with one of the above Activity Guides (TBD)
Activity Guide Specifications
Finished size: 8.25" w x 10.5" h
Inside pages: 40# estar 84 brite; full bleeds; 4/4 full color
Cover: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: No unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Mailing & Delivery: To be verified at Pleasanton Post Office, and delivered to San Ramon Post Office,
ready for bulk rate delivery (carrier route presort) to each residential address in Dublin; remaining Guides to
be boxed and delivered to 100 Civic Plaza, Dublin.
Annual Report & City Report Specifications
Finished size: 8" w x 10.25" h
All pages: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: No unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Services Agreement between June 20, 2023
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services Exhibit A — Page 2 of 3
88
Mailing & Delivery: Annual Report to be inserted (blown) into the Fall/Winter Guide; City Report to be
inserted (blown) into the Summer Camps & Aquatics Guide; extras to be boxed and delivered to 100 Civic
Plaza, Dublin.
Miscellaneous TBD Insert Specifications
Finished size: 8 w x 10.25 h
All pages: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: No unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Mailing & Delivery: To be inserted (blown) into an Activity Guide TBD; extras to be boxed and delivered to
100 Civic Plaza, Dublin.
Services Agreement between June 20, 2023
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services Exhibit A — Page 3 of 3
89
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
$11,250.60 - 2023-24 FaII/Winter Guide, 80 pages + 4-page cover, 24,500 copies
$7,536.80 - 2023 Annual Report (inserted), 12 pages, 24,500 copies
Contingent on delivery to the Post Office on Tuesday, August 8, 2023, by 5:00 p.m.
If received after Tuesday, August 8, 2023, a 15% discount will be applied to the invoice.
If received after Tuesday, August 15, 2023, a 30% discount will be applied to the invoice.
If received after Tuesday, August 22, 2023, this agreement will be terminated.
$10,560.79 - 2024 Spring Guide, 72 pages + 4-page cover, 24,500
Delivered to the Post Office on Tuesday, January 9, 2024, by 5:00 p.m.
If received after Tuesday, January 9, 2024, a 15% discount will be applied to the invoice.
If received after Tuesday, January 16, 2024, a 30% discount will be applied to the invoice.
If received after Tuesday, January 23, 2024, this agreement will be terminated.
$8,563.67 - 2024 Summer Camps & Aquatics Guide, 56 pages + 4-page cover, 24,500 copies
$11,936.80 - 2023-24 City Report Inserted), 20 pages, 24,500 copies
Delivered to the Post Office on Tuesday, February 6, 2024, by 5:00 p.m.
If received after Tuesday, February 6, 2024, a 15% discount will be applied to the invoice.
If received after Tuesday, February 13, 2024, a 30% discount will be applied to the invoice.
If received after Tuesday, February 20, 2024, this agreement will be terminated.
$11,940.41 - 2024 Summer Guide, 88 pages + 4-page cover, 24,500 copies
Delivered to the Post Office on Tuesday, April 2, 2024, by 5:00 p.m.
If received after Tuesday, April 2, 2024, a 15% discount will be applied to the invoice.
If received after Tuesday, April 13, 2024, a 30% discount will be applied to the invoice.
If received after Tuesday, April 20, 2024, this agreement will be terminated.
$11,250.60 - 2024-25 FaII/Winter Guide, 80 pages + 4-page cover, 24,500 copies
$7,536.80 - 2024 Annual Report (inserted), 12 page, 24,500 copies
Delivered to the Post Office on Tuesday, August 6, 2024, by 5:00 p.m.
If received after Tuesday, August 6, 2024, a 15% discount will be applied to the invoice.
If received after Tuesday, August 13, 2024, a 30% discount will be applied to the invoice.
If received after Tuesday, August 20, 2024, this agreement will be terminated.
$10,560.79 - 2025 Spring Guide, 72 pages + 4-page cover, 24,500 copies
Delivered to the Post Office on Tuesday, January 7, 2025, by 5:00 p.m.
If received after Tuesday, January 7, 2025, a 15% discount will be applied to the invoice.
If received after Tuesday, January 14, 2025, a 30% discount will be applied to the invoice.
If received after Tuesday, January 21, 2025, this agreement will be terminated.
$8,563.67 - 2025 Summer Camps & Aquatics Guide, 56 pages + 4-page cover, 24,500 copies
$11,936.80 - 2024-25 City Report, 20 page, 24,500 copies
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services Exhibit B- Page 1 of 2
90
Delivered to the Post Office on Tuesday, February 4, 2025, by 5:00 p.m.
If received after Tuesday, February 4, 2025, a 15% discount will be applied to the invoice.
If received after Tuesday, February 11, 2025, a 30% discount will be applied to the invoice.
If received after Tuesday, February 18, 2025, this agreement will be terminated.
$11,940.41 — 2025 Summer Guide, 88 pages + 4-page cover, 24,500 copies
Delivered to the Post Office on Tuesday, April 1, 2025, by 5:00 p.m.
If received after Tuesday, April 1, 2025, a 15% discount will be applied to the invoice.
If received after Tuesday, April 8, 2025, a 30c/0 discount will be applied to the invoice.
If received after Tuesday, April 15, 2025, this agreement will be terminated.
$7,536.80 — Newsletter #1 (TBD), 12 pages, 24,500 copies
To be delivered on the same schedule with one of the above Activity Guides (edition TBD)
$7,536.80 — Newsletter #2 (TBD), 12 pages, 24,500 copies
To be delivered on the same schedule with one of the above Activity Guides (edition TBD)
$1,764 — Fees for inserting newsletters ($12 per 1,000)
TOTAL: $140,415.74
Services Agreement between
City of Dublin and Wesco Graphics, Inc. for Commercial Printing Services Exhibit B— Page 2 of 2
91
Attachment 3
.1111.
woe
DUBLIN
I I.
REQUEST FOR PROPOSALS
Activity Guide Printing Services
for the City of Dublin
Proposals must be received by: Wednesday, May 24, 2023 at 5:00 p.m.
Jacqui Hatzikokolakis
Graphic Design & Communications Coordinator
100 Civic Plaza
City of Dublin, CA 94568
Proposals will be evaluated on the following:
a) quoted amount,
b) satisfaction of previous clients.
92
A
DUBLIN
Request for Proposal
for
Printing Services
OVERVIEW
The City of Dublin prints four Activity Guides and two Annual Reports each year. All require bulk mailing
services. This proposal covers two years' worth of printing services and bulk mail prep. Please provide a
quote on printing, mailing (prep, not actual postage), and delivery of the next eight issues of Dublin's
Activity Guide, plus two issues each of the Annual Report, and City Report. Mailing and delivery includes
verifying at the Pleasanton Post Office on Black Avenue, Pleasanton, CA, and delivery to the San Ramon
Post Office on Alcosta Boulevard in San Ramon, CA, ready for bulk rate delivery (carrier route presort) to
each residential address in Dublin. The extra Guides/Reports are to be boxed and delivered to Dublin
Civic Center, 100 Civic Plaza, Dublin the same day.
PROJECT SPECIFICATIONS
2x Fall/Winter Guide
24,500 copies
80 pages + 4 page cover
2x Spring Guide
24,500 copies
72 pages + 4 page cover
2x Summer Camps & Aquatics Guide
24,500 copies
56 pages + 4 page cover
2x Summer Guide
24,500 copies
88 pages + 4 page cover
2x Annual Report, inserted (blown) into Fall/Winter Guide
24,500 copies
12 pages
2x City Report, inserted (blown) into Summer Camps & Aquatics Guide
93
24,500 copies
20 pages
Miscellaneous inserts TBD
2x Miscellaneous inserts, inserted (blown) into an Activity Guide TBD
24,500 copies
12 pages
Activity Guide
Finished size: 8.25 w x 10.5 h
Inside pages: 40# estar 84 brite; full bleeds; 4/4 full color
Cover: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: No unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Mailing & Delivery: To be verified at Pleasanton Post Office, and delivered to San Ramon Post Office,
ready for bulk rate delivery (carrier route presort) to each residential address in Dublin; remaining
Guides to be boxed and delivered to 100 Civic Plaza, Dublin.
Annual Report & City Report
Finished size: 8 w x 10.25 h
All pages: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: no unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Mailing & Delivery: Annual Report to be inserted (blown) into the Fall/Winter Guide; City Report to be
inserted (blown) into the Summer Camps & Aquatics Guide; extras to be boxed and delivered to 100
Civic Plaza, Dublin.
Miscellaneous inserts
Finished size: 8 w x 10.25 h
All pages: 80# sheet -fed satin (text weight); full bleeds; 4/4 full color
Binding: Stitch and trim
Other: no unders or overs
Artwork: PDF (postscript CMYK files) provided; hardcopy proof required
Mailing & Delivery: To be inserted (blown) into an Activity Guide TBD; extras to be boxed and delivered
to 100 Civic Plaza, Dublin.
CONSIDERATIONS
Please include any fees for hard copy proofs, corrections to the proof, fees for inserting the Annual
Report and City Report, as well as any additional unforeseen fees that might be incurred.
If you are unable to quote according to these exact specifications, please make a note and provide
alternatives.
94
PROCESS AND GENERAL CONDITIONS
1. Proposers shall submit proposals either electronically via email, or hard copy via regular mail to:
Jacqui Hatzikokolakis
Graphic Design & Communications Coordinator
100 Civic Plaza
Dublin, CA 94568
jacqui.hatzikokolakis@dublin.ca.gov
2. Deadline for submitting the proposal is Wednesday, May 24 at 5:00 p.m. Postmarks or late
submittals will not be accepted.
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in
anticipation of a contract. The format of submittals is at the discretion of the Proposer.
SCHEDULE FOR RFP PROCESS
Tuesday, May 16, 2023 Request for Proposals mailed to consultants.
Tuesday, May 23, 2023 Deadline to submit questions to City of Dublin
Wednesday, May 24, 2023 Proposals are due no later than 5:00 p.m. on May 24, 2023 at the offices
of the City of Dublin, City Manager's Office, 100 Civic Plaza, Dublin, CA
94568. Late submittals will not be accepted.
Thursday, May 25, 2023 Proposal Review
Tuesday, June 20, 2023 Consulting Services Agreement scheduled for approval by the Dublin City
Council.
(Tentative dates, subject to change)
95
Agenda Item 4.5
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Annual Update to the Master Fee Schedule
Prepared by: Darlynn Haas, Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider adopting an annual update to the Master Fee Schedule as prescribed
by the City's User Fee Cost Recovery Policy (Resolution 160-12).
STAFF RECOMMENDATION:
Adopt the Resolution Adopting an Annual Update to the Master Fee Schedule for Services Provided
by the City.
FINANCIAL IMPACT:
The financial impact will be based on the activity levels after the fee updates are adopted and in
place. The annual increase of 4.63% is calculated based on changes in the December Consumer
Price Index (Bureau of Labor Statistics, San Francisco -Oakland -Hayward Urban Wage Earners and
Clerical Workers). The recommendations do not establish all fees at 100% recovery and the City
would continue to subsidize some services in accordance with the adopted policy (Resolution
160-12).
DESCRIPTION:
In September 2012 the City Council adopted a User Fee Cost Recovery Policy (Fee Policy) that
calls for an update to the Master Fee Schedule annually to keep pace with increases in the City's
costs for providing services. The Fee Policy also states that changes to fees should be calculated
based on changes in the preceding December Consumer Price Index (CPI) as provided in the
Bureau of Labor Statistics, San Francisco -Oakland Urban Wage Earners and Clerical Workers,
which was recently updated to include Hayward and was renamed to the San Francisco -Oakland -
Hayward Urban Wage Earners and Clerical Workers. The CPI year -over -year increase for
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December 2022 was 4.63%.
Based on the Fee Policy all fees that are updated annually are increased by the CPI to create the
base fee, except where specifically stated otherwise in the Master Fee Schedule. The base fees are
then rounded down to the nearest dollar and are listed on the Master Fee Schedule. In subsequent
years, the prior year's base fee is multiplied by the CPI to create the new year's base fee, which is
rounded down to the nearest dollar. Attachment 3 provides the base costs prior to rounding.
Additionally, the Fee Policy allows for new fees to be added to the Master Fee Schedule as
necessary. This process is continued until a new fee study is completed. The current fee study was
presented and adopted by City Council on June 19, 2018 (Resolution 85-18). A new fee study will
be undertaken in Fiscal Year 2023-24.
New Items for This Update
Electric Vehicle Charging Station (EVCS) Fees
The City's EVCS fee does not currently provide full cost recovery but is instead based on the
approximate rate the City is paying for electricity for kilowatt hours (kWh) used. Additionally, the
company that operates the EVCS collects a service charge, which is deducted as a percentage of the
fee on each user payment and thus decreases the City's revenue. Staff recommends the EVCS fee
be revised to include the operators service charge as a surcharge on the per kWh rate for the
electricity. It should be noted that the proposed EVCS fee will still not likely cover the full cost, as
the EVCS's are not connected to their own meters. Staff will be evaluating the overall costs as part
of the next user fee update with the goal of 100% recovery.
Fire Safety Inspection (FSI) Fees
The current FSI Program was established during the transition from the Dougherty Regional Fire
Authority to Alameda County Fire. It mandates approximately 678 low -fire -risk businesses, such
as insurance agents, brokers, retail stores, and food and beverage tenants, to complete a paper fire
questionnaire annually when renewing their business license and pay a $38 inspection fee. The
program follows a cycle where businesses submit paper questionnaires for two years, followed by
an in -person inspection by the fire department in the third year. After conducting an internal
review and discussion, Staff recommends eliminating the Fire Safety Inspection fee and program
entirely. The proposed approach involves having all businesses complete an annual fire
questionnaire as part of their online business license renewal process. Any questionnaire
indicating a potential fire risk would be flagged for review by the fire department. This system will
be automated with the launch of EnerGov in early 2024.
The change offers several advantages including accelerating the renewal process for business
owners and their staff, reducing City Staff time and enabling the fire department to focus on
inspection of higher -risk establishments resulting in greater safety benefits, reducing costs for
business owners by eliminating the $38 annual fee, and eliminating the need for finance to process
FSI business license renewals unless a physical fire questionnaire is competed. Staff anticipates
this change will lead to an estimated annual loss of revenue amounting to $26,000, however the
estimated savings in staff time will offset this loss.
Page 2 of 4
97
Parks and Recreation Program Fees
At its June 21, 2016 meeting, the City Council for the first time included the Parks and Recreation
Program Fees as part of the Master Fee Schedule. Previously, these fees were listed separately
from the Master Fee Schedule and were adopted by the Parks and Community Services
Commission.
The Parks and Recreation Program Fees are set based on the Parks and Community Services (PCS)
Pricing Policy which was adopted by the City Council on September 21, 2010 and revised on June
21, 2016. The revised and simplified Pricing Policy allows the fees to be set annually as part of the
Master Fee Schedule, allows authority of the PCS Director to increase rates during the year (up to
20%) provided that these fees are then documented in the upcoming Master Fee Schedule, allows
the PCS Director to establish rates during the fiscal year should new classes be added during that
period, and allows for the City Council to adopt fees associated with current facility use policies as
part of the Master Fee Schedule.
Below is a summary of the proposed adjustments for Fiscal Year 2023-24, which was presented to
the Parks and Community Services Commission on June 19, 2023.
Adult Basketball
The fee range was raised to offset the cost of an increase in sports officiating services. A Request
for Proposals was released in April resulting in a 20% difference. League pricing remains
comparable with surrounding organizations. Fee: Adult Basketball League - $624-$872 per team
Fundraising Rate for Facility Rentals
At the October 18, 2022 meeting, the City Council adopted a resolution eliminating the fundraising
fee for Dublin -based non-profit facility rentals.
Increase in Facility Rentals Rates forA V Specialist Support
To cover the cost of the City's new Audio -Visual Specialist, it is necessary to increase rates 6%-8%
for facilities utilizing the employee. These include the Kolb Sunday School Barn, Senior Center, and
Shannon Community Center. Additionally, the fee for facility staff increased by $1 per hour to
accommodate the statewide minimum wage increase.
Athletic Fields (Refundable Security Deposit, Administrative Charges)
These fees have been clarified so that the refundable deposit is assessed per field/space, not per
reservation, as most organizations utilize multiple spaces. In addition, a sports facility
administrative charge fee was added to discourage groups from "blanketing" field reservation
requests and making changes to permits at the last minute. This change will allow more residents
and users to reserve spaces. Lastly, to limit the time that fields sit empty, or lights remain on for
unused field time, Staff will assess this fee for groups who continuously fail to notify Staff of
unused hours. Park Attendants will monitor this. The City Council approved an update to the
Sports Fields and Stager Community Gymnasium Reservation Policies on June 6, 2023. Fee:
Security Deposit per field/court - $250, Administrative Charge: $25
Community Garden
With the introduction of the Community Garden at Don Biddle Community Park, a rate of $50 per
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98
plot and a $50 refundable deposit was implemented. The community garden has 39 plots, with
two allocated for master gardener activities, and 37 available to Dublin residents. This fee is in line
with other jurisdictions. Fee: Garden Plot - $50 per year, Deposit - $50
Kids Night Out
This activity was designed to give parents a night to themselves and typically occurs on a Friday
evening. The scheduled activities include group games, recreation swim, dinner and snacks, crafts,
and special speakers/visitors. The proposed range covers the cost of staffing, supplies, facility
maintenance, and marketing. Fee: $40 - $70 per registration
Discontinued Memorial Benches and Boulders (Heritage Park)
All available memorial benches and boulders have been sold. This portion of the program has been
completed and these items will be discontinued.
Internment Fees Cremation and Earth Burial
These fees have been increased to cover the rising costs of equipment rentals and delivery needed
for interments at the Dublin Cemetery. Fee: $375 per cremation burial, $6,800 for earth burial.
Cricket Field Rental Rates
Cricket field rental fees are being proposed after researching field rates of surrounding
organizations, however given the specialized nature of this field type, it was deemed difficult to
obtain a similar comparison. The proposed fee considers the maintenance costs required to keep
the field in pristine condition, including the upkeep of five cricket pitches. Affected user groups
were notified of this fee in January 2023. Fee: $78perhour- Groups 1 and 2
In addition to the above fee additions and updates, Staff has included administrative clean-up
items such as the deletion of programs and activities that have been discontinued, program
consolidations, and the correction of minor typos.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Adopting an Annual Update to the Master Fee Schedule for Services Provided by the
City
2) Exhibit A to the Resolution - City of Dublin Master Fee Schedule, Fiscal Year 2023-24
3) City of Dublin Master Fee Schedule Prior to Rounding
Page 4 of 4
99
Attachment I
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADOPTING AN ANNUAL UPDATE TO THE MASTER FEE SCHEDULE FOR SERVICES
PROVIDED BY THE CITY
WHEREAS, the California Constitution authorizes local government to recover the
reasonable costs of providing services; and
WHEREAS, the City processes various permits, applications, and licenses, and offers
various recreational program and facility rental opportunities; and
WHEREAS, on September 4, 2012, the City Council approved Resolution 160 -12
Establishing a User Fee Cost Recover Policy (Fee Policy) that specifies annual adjustments to
fees for services provided by the City; and
WHEREAS, on June 19, 2018, the City Council adopted the comprehensive updated
Master Fee Schedule; and
WHEREAS, the Fee Policy, allows new fees to be added to the City's Master Fee
Schedule, when necessary, before the next comprehensive fee study in undertaken; and
WHEREAS, the new fees have been added to the Master Fee Schedule set forth in
Exhibit A; and
WHEREAS, fees and charges for recreation programs set forth in Exhibit A are to be
reviewed by the Parks and Community Services Commission on June 19, 2023, prior to being
presented to the City Council for consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
adopts the Master Fee Schedule attached as Exhibit A.
BE IT FURTHER RESOLVED, that the updated fees identified in said Master Fee
Schedule, shall be effective beginning July 1, 2023. For those items billed as "time and
materials," the fees and overhead rates shown in Exhibit A shall be applicable to services
provided beginning July 1, 2023.
BE IT FURTHER RESOLVED, that except as otherwise designed in Exhibit A, the fees
therein shall be automatically adjusted annually using the adjustment methodology in
Resolution No. 160-12 Establishing a User Fee Cost Recovery Policy adopted by the City
Council on September 4, 2012.
Reso. No. XX-23, Item X.X, Adopted 06/20/2023 Page 1 of 2
100
PASSED, APPROVED AND ADOPTED this 20st day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/20/2023 Page 2 of 2
101
Exhibit A
Attachment 2
CITY OF DUBLIN MASTER FEE SCHEDULE, FY 2022-23
Adjusted by CPI change, Dec 2021 - Dec 2022 (+4.63%)
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
Section 1.0: General & Administrative
120 Photocopies — (first page or 1-page document)
1121 Photocopies — (each additional page )
122 Mailing of photocopies
123 Retrieval of public documents
1124 Copies of Political Reform Act 1974 Documents (Ca Govt Code 81008)
125 Political Reform Act Retrieval (Ca Govt Code 81008)
126 Bound documents, reports including Budget; CAFR; etc.
Special Copies:
• Plans and Specifications For Construction
127 • Maps
• Aerial Photographs
128 General Overhead
129 Equivalent Fees and Charges
130 Electric Vehicle Charging Station Fee
131 Passport Execution Fee
132 Passport Application Fee
Reproduction of documents / cost for first page
Reproduction of documents / cost per page after first page
Documents where a physical copy is requested to be mailed / per mailing
(Info Only - Established by State Law) Costs incurred for locating or
collecting records / staff time
(Info Only - Established by State Law), any related documents / per page
(Info Only - Established by State Law) - retrieval of documents over 5 years
old / per request includes multiple documents requested at the same time
$0.50*
$0.10*
Actual Postage
No Charge — Is included in per page cost
$0.10*
$5.00**
$0.50*
$0.10*
Actual Postage
No Charge — Is included in per page cost
$0.10*
$5.00**
General documents which shall not exceed the combined cost if the per page Not to exceed actual cost —As determined Not to exceed actual cost —As determined
rate in #120 is used / per document by City Manager or designee by City Manager or designee
Construction project plans and specifications; maps; may include oversized
pages / per document
Unless defined elsewhere General City Overhead to be used for developing
equivalent fees and charges / applied to actual costs
Fees for services or costs not explicitly listed in any section in the Master Fee
Schedule / Case by case basis, may include: staff costs; contractor /
consultant costs; reimbursable expenses; general overhead.
Per kilowatt Hour fee (kWh) to help recover the cost of electricity to the City
The Department of State has set the acceptance fee at $35 for jurisdiction
who process Passport application
The Application Fee which is collected on behalf of the US Department of
State, will be charged at the current rate as specified by the US Department
of State. These costs may also include any charges for delivery of the
application.
Not to exceed actual cost —As determined Not to exceed actual cost —As determined
by City Manager or designee by City Manager or designee
64.8%*
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$0.32 cents per kWh while plugged in to
City -owned EV charging stations
$35.00**
Actual Cost
64.8%*
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$0.33 cents per kWh plus EVCS service
surcharge while plugged in to City -owned
EV charging stations
$35.00**
Actual Cost
Section 1.1: Finance / Business License
Per Senate Bill 234, the City cannot impose a business license fee for small or large family daycare
160
161
162
First Returned Check Fee (Ca. Civil Code 1719 (a)(1)
Subsequent Returned Check Fee (Ca. Civil Code 1719 (a)(1)
Annual Business Registration (License) Dublin Municipal Code Chapter
4.04.250(A)
(Info Only - Established by State Law) Payments received via check when
the payment is declined is declined by the bank / per check
(Info Only - Established by State Law) Payments received via check when the
payment is declined is declined by the bank / per check after first
(Info Only - Established by City Ord/Code) Annual Business License / per
business
$25.00
Set by State Law**
$35.00
Set By State Law**
$28.00
$25.00
Set by State Law**
$35.00
Set By State Law**
$29.00
102
Item / Service Description / Unit
Fees through
6/30/23
164 New Business Registration (License)
165
166
167
Itinerant Business Registration (License) Dublin Municipal Code Chapter
4.04.250
Temporary Business Registration (License) Dublin Municipal Code Chapter
4.04.250
Master Business Registration (License) Dublin Municipal Code Chapter
4.04.250
168 Business License Transfer Dublin Municipal Code Chapter 4.04.280
169 Duplicate Business License Dublin Municipal Code Chapter 4.04.290
170 Delinquent Business License Processing Fee
171 Contract Retention Escrow Fee
Registration fee
(Info Only - Established by City Ord/Code) Daily to a maximum of 5 days /
per day
(Info Only - Established by City Ord/Code) Temporary places of sale / daily
(Info Only - Established by City Ord/Code) Master license for organizer / per
permitted event
(Info Only - Established by City Ord/Code) Transfer is substantially similar to
the ownership existing before the transfer / per transfer
(Info Only - Established by City Ord/Code) Replace any license previously
issued license
Contractors may elect to have retention amounts paid to a third party escrow
/ per payment
$102.00
$46.00/day - Max.
$230 per year
$46.00/day
$42.00
$67.00
$25.00
$28.00
$69.00
Exhibit A
Attachment 2
Fee Effective
7/1/23
$106.00
$48.00/day - Max.
$240 per year
$48.00/day
$44.00
$70.00
$26.00
$29.00
$73.00
Section 1.2: Administrative Fees - Impact Fee Credit Agreement Administration
408 Impact Fee Credit Statement
Original/Transfer agreement to establish a Park Land/Affordable Unit
Impact Fee Credit
Original/Transfer agreement to establish a Traffic Impact or Park
Improvement Impact Fee Credit
411 Original/Transfer agreement to establish a Fire Impact Fee Credit
412 Impact Fee Credit Application Processing Fee
413 Impact Fee Credit Invoice Change Fee
409
410
Per statement - Developers who request statements for credit balance
Flat fee
Flat fee
Flat fee
Per invoice
Flat fee
$131.00
$327.00
$327.00
$327.00
$148.00
$185.00
$137.00
$342.00
$342.00
$342.00
$155.00
$194.00
Section 2.0: Police Services- General (Fingerprints / Records / Vehicles/ Development)
201
202
203
204
205
206
208
209
210
Livescan (Fingerprints)
Fingerprint Card
Police Report / Inspection Verification
Records Subpoena (Subpoena Duces Tecum) Ca. Govt Code 6254(f) (1)
and (2)
Records subpoena: photos saved to CD
Visa Letter
Fix -It Ticket Sign -Off
Repossessed Vehicle Release - Ca. Govt Code 41612
Towed / Stored Vehicle Release
Fingerprinting / per application - Outside Agency /DOJ Fees charged
separately
Card / non -electronic prints - Outside Agency/DOl Fees charged separately
Authorized release of a copy of a Police Report / per report
(Info Only - Established by State Law) Response to subpoena)
Duplication of photo records / per CD
Preparation of a Visa letter requested for foreign travel / per letter
Sign -off on ticket not issued by Dublin Police Services / per citation
(Info Only - Established by State Law) -Process and provide release document
/ per release
Provide release documentation for towed and/or stored vehicle / per vehicle
$33.00
$50.00
$5.00 Flat**
$15.00* *
$76.00
$74.00
$10.00
$15.00**
$100.00
$34.00
$52.00
$5.00 Flat**
$15.00* *
$80.00
$77.00
$10.00
$15.00* *
$100.00
Section 2.1: Police Services- Permits
103
Exhibit A
Attachment 2
#
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
Issuance of documents required for an application to ABC / per application
220 Alcohol Beverage Control (ABC) -One Day Permit $90.00 $94.00
(Police Chief may waive for Dublin -based non-profit)
221 Bingo Permit (Dublin Municipal Code Chapter 5.44)
222 Dance Permit (Dublin Municipal Code Chapter 5.52)
223 Fortune Teller Permit (Dublin Municipal Code Chapter 4.08)
224 Gun Dealer Permit
225 Massage Establishment - Initial (Dublin Municipal Code Chapter 4.20)
226 Massage Establishment -Yearly (Dublin Municipal Code Chapter 4.20)
228 Parade Permit (Dublin Municipal Code Chapter 5.12)
229 Peddler Permit (Dublin Municipal Code Chapter 4.16)
230 Secondhand Dealer Permit (Dublin Municipal Code Chapter 4.12)
231
232
233
Taxi Company (Owner) Permit - Initial (Dublin Municipal Code Chapter
6.76)
Taxi Company (Owner) Permit - Renewal (Dublin Municipal Code Chapter
6.76)
Taxi Driver (Operator) Annual Permit- (Dublin Municipal Code Chapter
6.76)
234 Tobacco Retailer License (Dublin Municipal Code Chapter 4.40)
Annual license issuance per the Municipal Code / per application
Processing of a dance permit per the municipal code / per permit
Processing of a fortune teller permit per the municipal code / per permit
Processing of a Gun Dealer permit / per permit
Processing of a massage establishment permit per the municipal code / per
location
Annual permit after initial massage establishment permit / per permit
Processing of a parade permit per the municipal code / per event (permit
only - service charges per 5.12.100 additional)
Processing of a peddler permit per the municipal code / per application
Processing of a secondhand dealer permit per the municipal code / per
permit
Processing of a taxi company (owner) permit per the municipal code / per
initial permit
Annual permit after initial Taxi Company (owner) permit / per permit
Annual permit Taxi Driver (operator) permit/ per permit
Annual license issuance per the Municipal Code / per license
$130.00
$130.00
$130.00
$261.00
$443.00
$283.00
$242.00
$261.00
$261.00
$261.00
$261.00
$261.00
$328.00
$136.00
$136.00
$136.00
$273.00
$464.00
$296.00
$254.00
$273.00
$273.00
$273.00
$273.00
$273.00
$344.00
Section 2.2: Police Services- Hourly Rates
IPS1
IPS2
IPS3
Sheriffs Technician
Sheriff's Deputy
Sheriffs Sergeant
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
$105.00
$210.00
$242.00
$110.00
$220.00
$254.00
gection 4.1: Fire Prevention Services Plan Review & Inspection
The fees for all plan review and inspection, fire alarm systems, fixed fire systems, and automatic fire sprinkler systems include one inspection and one re -
inspection for each inspection type (e.g. weld, hydro, rough, pre -pour, functional, final, etc.). If a permit applicant elects to split inspections into small pieces
such as by floor or by system; additional inspection fees will be due based upon the hourly rate.
240
241
242
243
244
245
246
247
248
Plan Review & Inspection
New Construction up to 5000 sq. ft.
New Construction 5000 sq. ft. to 45,000 sq. ft.
New Construction >45,000 sq. ft.
Tenant Improvement up to 5000 sq. ft.
Tenant Improvement 5000 sq. ft. to 45,000 sq. ft.
Tenant Improvement >45,000 sq. ft.
Custom Single -Family Residence ***
Processing, Review, Inspection & Approval of Licensed Care Facilities
Review and Approval of Improvement plans and/or maps
Per application
Per application
Per application
Per application
Per application
Per application
Per application
Per application
Per application
$640.00
$1,379.00
$1,801.00
$429.00
$535.00
$640.00
$324.00
$389.00
$263.00
$670.00
$1,443.00
$1,885.00
$449.00
$560.00
$670.00
$339.00
$407.00
$275.00
104
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
Fire Alarm Systems - (New or Tenant Improvements)
250
251
252
260
261
262
263 Spray Booth per booth
Automatic Fire Sprinkler Systems, Commercial- (New or Tenant
270 System < 20 heads
1271 System > 20 heads
272 Plus amount per head in excess of 100 heads
273 Underground Water Supply
Fire Alarm System < 50 devices
Fire Alarm System > 50 devices
High-rise System
Fixed Fire Protection Systems
Medical Gas System
Hood Duct System
Halon or Clean Agent
Per application
Per application
Per building
Per system
Per system
Per system
Per system
Improvements)
Base fee per system
Base fee per system
Per head
Per system / tap
Automatic Fire Sprinkler Systems, Residential- (New and Alterations)
275 NFPA 13 D master plan check and inspection
276 Additional permits for already approved master plan
277 NFPA 13R system (per unit, per building)
278 NFPA 13 System
279 Underground Water Supply
Per system
Per application
Per unit up to 50 units.
Per unit up to 50 units /Per System
Per system / tap
$640.00
$1,169.00
$1,907.00
$640.00
$640.00
$746.00
$535.00
S535.00
$1,063.00
56.00
$1,063.00
$851.00
$640.00
$851.00
$1,169.00
$1,169.00
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
Section 4.2: Fire Prevention Services Regulated Activities
300 Annual Permits - Group 1
301 Annual Permits - Group 2
1302 Annual Permits - Group 3
303 Annual Permits - Group 4
1304 Annual Permits - Group 5
1305 Annual Permits - Group 6
$670.00
$1,223.00
$1,995.00
$670.00
$670.00
$780.00
$560.00
S560.00
$1,112.00
57.00
$1,112.00
$890.00
$670.00
$890.00
$1,223.00
$1,223.00
Aerosol, Open Flames & Candles, Fire Hydrants and Valves, Open Burning,
Open Flames and Torches
Carbon Dioxide Systems, Cellulose Nitrate Film, Combustible Fiber Storage,
Compressed Gases, Cryogenics, Dry Cleaning Plants, Combustible Dust
Producing Operations, Floor Finishing, Fruit & Crop Ripening, Fumigation,
Repair Garages, HPM Facilities, Hot Work Operations, LP Gas, Liquid or Gas
Fueled Equipment in assembly buildings, Lumberyards, Motor Fuel
Dispensing Facilities, Rooftop Heliports, Wood Products, Magnesium, Misc.
Combustible Storage, Organic Coatings, Industrial Ovens, Cutting and
Welding, Storage of Scrap Tires
$111.00
$168.00
Temporary Membrane Structures and Tents >400 sq. ft. $225.00
Aviation Facilities, Amusement Buildings, Carnivals & Fairs, Exhibits & Trade
Shows, Explosives, Flammable or Combustible Liquids, Hazardous Materials,
High Piled Storage, Places of Assembly, Pyrotechnical Special Effects $283.00
Material, Pyroxylin Plastics, Refrigeration Equipment, Spraying & Dipping
Operations, Production Facilities, Live Audiences
Tire Rebuilding Plants
Waste Handling
$116.00
$176.00
$236.00
$296.00
$398.00 $417.00
$513.00 $537.00
105
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
306 Annual Permits - Group 7
307 Equivalent Fees and Charges
Covered and Open Mall Buildings $743.00 $778.00
Fees for services or costs not explicitly listed in any section in the Master Fee As determined by City Manager or designee As determined by City Manager or designee
Schedule / Case by case basis, may include: staff costs; contractor / based on actual costs and rates plus general based on actual costs and rates plus general
consultant costs; reimbursable expenses; general overhead. overhead overhead
344
Annual Notice of Inspection (Self Inspection)
Annual notice of inspection (Waived if business is subject to Annual
Regulated Activity Permit).
collected as supplement to the Annual Business Registration impo.,ed under
Dublin Municipal Codc Chapter 1.01.250 / per year
$38.00
No Fee
Fire Works Displays
350 Display Aerial Base Fee
351 Additional amount per shell group 60 shells
352 Additional amount per shell group 61-120 shells
353 Additional amount per shell group 121-181 shells
354 Additional amount per shell group 181-240 shells
355 Additional amount per shell group > 241 shells
Per event
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
$343.00
$147.00
$263.00
$263.00
$263.00
$378.00
$359.00
$154.00
$275.00
$275.00
$275.00
$395.00
Fire Works Sales
356
1357
Fireworks Stand Application Dublin Municipal Code Chapter 5.24.070(B)
Fireworks Stand Inspection
(Info Only - Established by City Ord/Code) Processing and administration of
fireworks stands
Cost to inspect sales locations
$152.00
$210.00
$159.00
$220.00
Section 4.4: Fire Prevention Services- Hourly Rates
FR1 Deputy Fire Marshall
FR2 Fire Code Compliance Officer
Section 5.1: Housing Services Program Fees
501 Below Market Ownership Units - Transaction Fee
502 Secondary Below Market Rate Unit -Transaction Fee
504
505
506
507
508
509
510
Annual Below Market Rate Rental Monitoring Fee - 20 units or less
Annual Below Market Rate Rental Monitoring Fee - 21 to 100 units
Annual Below Market Rate Rental Monitoring Fee - 101 + units
Annual Below Market Rate Rental Monitoring - Follow Up Compliance Fee
Below Market Rate Unit - Refinance Administrative Fee
Secondary Below Market Rate Unit - Refinance Administrative Fee
First time home loan program - administrative fee
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
Administration of the "For Sale" Inclusionary units / per unit per change in
ownership — Including Initial
Administration of the "Second Units" designated to meet Affordable Program
requirements / per unit per change in ownership — including Initial
Rental developments with Inclusionary units / per development with
restricted rent
Rental developments with Inclusionary units / per development with
restricted rent
Rental developments with Inclusionary units / per development with
restricted rent
First follow up (base fee); additional follow up audits T&M
Administrative cost for document preparation and research when an
inclusionary unit requires City approval / per request
Administrative cost for document preparation and research when a
secondary inclusionary unit requires City approval / per request
Administrative charge for review and approval of first time home buyer loan
/ per loan approved
$210.00
$115.00
$2,922.00
$1,633.00
$1,365.00
$2,218.00
$3,195.00
First Follow up $488.00
Additional -T&M
$1,089.00
$615.00
$2,062.00
$220.00
$121.00
$3,057.00
$1,708.00
$1,428.00
$2,321.00
$3,343.00
First Follow up $510.00
Additional -T&M
$1,140.00
$643.00
$ 2,158.00
Section 6.1: Planning Division
106
Exhibit A
Attachment 2
Item / Service Description / Unit mi=
Fees through
6/30/23
Fee Effective
7/1/23
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
Use Permits (TUP/CUP)
1550 Minor Use Permit Per application $1,146.00 $1,199.00
1551 Minor Use Permit — Minor Amendment Per application $286.00 $299.00
1552 Minor Use Permit — Major Amendment Per application $1,146.00 $1,199.00
553 Non -Residential Conditional Use Permit (CUP) / (Approval considered by Per application $1,719.00 $1,798.00
Planning Commission)
Non -Residential Conditional Use Permit (CUP) / (Can be approved by
554 Per application $1,719.00 $1,798.00
Zoning Administrator)
Residential Conditional Use Permit (CUP) / (Approval considered by
555 Per application $2,865.00 $2,997.00
Planning Commission)
Residential Conditional Use Permit (CUP) / (Can be approved by Zoning
556 Per application $2,865.00 $2,997.00
Administrator)
Conditional Use Permit — Minor Amendment (Administrative
559 Determination) Per request $573.00 $599.00
560 Conditional Use Permit — Time Extension (Administrative Determination) Per request $401.00 $419.00
Conditional Use Permit —Time Extension (Planning Commission
561 Determination) Per request $1,719.00 $1,798.00
562 Temporary Use Permit - Minor Per application $286.00 $299.00
1563 Temporary Use Permit — Major Per application T&M T&M
Per application. This fee shall be valid until the City's applicable American
Rescue Plan Act budget allocation is exhausted, or until September 30, 2023,
564 Temporary Use Permit —Temporary Outdoor Seating T&M T&M
whichever occurs first. Upon expiration, this fee shall be superseded by Fee
#562 (Temporary Use Permit - Minor).
Zoning Clearance -General
570 Accommodations for persons with disabilities Review Per application No Fee No Fee
571 Banner / Balloon/Searchlight Per sign / balloon $114.00 $119.00
572 Indoor recreational Facilities/Day Care Center/Scarlett Court Per application $573.00 $599.00
574 Zoning Clearance -General Per application $85.00 $89.00
575 Zoning Clearance — Housing Projects Eligible for Streamlined Approval Per application T&M T&M
576 Zoning Clearance—SB 9 Unit Developments
Variance
580 Non -Residential Variance
581 Residential Variance
Site Development Review (SDR)
Per application T&M T&M
Per application
Per application
590 Site Development Review - General Per application
T&M
T&M
T&M
T&M
T& M
T&M
591 Site Development Review — Residential Additions > 500 sq. ft. Per application T&M T&M
592 Site Development Review — Single Sign (Master Sign Program is handled as Per Sign $372.00 $389.00
a Site Development Review -General)
593 Site Development Review Waiver Per request $401.00 $419.00
107
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
594
595
596
Site Development Review Waiver for Projects' with Development Deposit
Account
Site Development Review —Time Extension (Administrative
Determination)
Site Development Review —Time Extension (Planning Commission
Determination)
597 Site Development Review Waiver — Permanent Outdoor Seating
Time & Material
Per request
Per request
Per application. This fee shall be valid until the City's applicable American
Rescue Plan Act budget allocation is exhausted, or until September 30, 2023,
whichever occurs first. Upon expiration, this fee shall be superseded by Fee
#593 (Site Development Review Waiver).
T&M
$257.00
$1, 289.00
T& M
T&M
$269.00
$1, 349.00
T&M
PLANNED DEVELOPMENT (PD) PROCESSING
600 Planned Development Application (Stage 1 / Stage 2)
601
602
603
604 Planned Development Major Amendment — (City Council Determination)
Planned Development Minor Amendment —(Administrative
Determination)
Planned Development Minor Amendment for Project's with Development
Deposit Account Time & Material
Planned Development Minor Amendment— (Planning Commission
Determination)
Per application
Per application
Per application
Per application
T& M
$586.00
T&M
T&M
T&M
T& M
$613.00
T& M
T& M
T& M
610 Appeal of Action by Applicant
611 Appeal of Action by member of public (non -applicant)
612 Estoppel Certificate — Development Agreement
1613 Heritage Tree Removal Permit
1614 Preparation of Mailing Address Labels (Noticing Requirements)
615 Equivalent Fees and Charges
616 General Plan Amendment
617 Specific Plan Amendment
618 Tentative Map
619 Development Agreement
620 Lot line adjustment
621 Building division permit referral ***
Per appeal
Per appeal
Per certificate prepared when requested by entity not a party to the
Development Agreement
Per tree
Per set of labels
Fees for services or costs not explicitly listed in any section in the Master Fee
Schedule / case by case basis, may include: staff costs; contractor /
consultant costs; reimbursable expenses; general overhead
Time & Material
Time & Material
Time & Material
Time & Material
Time & Material
Per application
T&M
$229.00
$267.00
$286.00
$74.00
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
T&M
T&M
T&M
T&M
T&M
$155.00
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
T&M
$239.00
$279.00
$299.00
$77.00
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
T&M
T&M
T&M
T&M
T&M
$163.00
108
Exhibit A
Attachment 2
Item / Service Description / Unit
Fees through
6/30/23
Section 6.3: Planning Composite Hourly Rates & Overhead
Fee Effective
7/1/23
PL1 Composite City Planning Staff Hourly Rate (Includes Overhead) Per Hour for T&M activities
"""
PL3 .,, nPercentage applied to City costs
$316.00
30.0%*
$330.00
30.0%*
Section 7.1: Building and Safety Division - Building Permits (Total Valuation)
Building Permits which are not established as fixed fee shall be determined using the total valuation. In this case the fee due is based on: Occupancy and
Construction Type; estimated cost of services and the Building, Residential, Mechanical, Plumbing, Electrical, Cal Green and Energy codes as adopted by the City
Council including any amendments.
Calculation of the Building Permit fee to be collected shall be in accordance with the Table below. The determination of the valuation and annual adjustments to
the valuation shall be made by the Building Official as authorized in Dublin Municipal Code section 7.28.430(E).
Fees 708, 710, 712, 714, 722 are calculated using cost per $1000 of the preceding Fee.
Building Permits Based on Valuation Formula / $ Valuation ***
700 $0-$500
701 $501-$1,000
702 $1,001-$2,000
703 $2,001-$3,000
704 $3,001-$4,000
705 $4,001-$5,000
706 $5,001-$10,000 (first $5000)
707 $5,001-$10,000 (each additional $1000 or fraction thereof)
708 $10,001-$50,000 (first $10,000)
709 $10,001-$50,000(each additional $1000 or fraction thereof)
710 $50,001-$100,000 (first $50,000)
711 $50,001-$100,001 (each additional $1000 or fraction thereof)
1712 $100,001-$500,000 (first $100,000)
713 $100,001-$500,000 (each additional $1000 or fraction thereof)
1714 $500,001 and up (first $500,000)
715 $500,001 and up (each additional $1000 or fraction thereof)
716 Demolition permits and removal of underground tanks
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
Calculate using valuation factors above
$50.00
$115.00
$177.00
$242.00
$276.00
$335.00
$335.00
$58.00
$625.00
$32.00
$1,905.00
$30.00
$3,405.00
$25.00
$13,405.00
$13.00
$50.00
$121.00
$185.00
$254.00
$289.00
$351.00
$351.00
$61.00
$656.00
$33.00
$1,976.00
$32.00
$3,576.00
$26.00
$13,976.00
$14.00
50% 50%
of the fee calculation based on valuation of the fee calculation based on valuation
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
Section : Building and Safety Division - Master Plan Check / Green Building
Building Permits Based on Valuation Formula /$ Valuation
Single Family detached tract housing (when using a Master Plan Check)
720
721
$100,001-$500,000 (first $100,000) Per calculated valuation
$100,001-$500,001 (each additional $1000 or fraction thereof) Per calculated valuation
$2,664.00
$12.00
$2,788.00
$13.00
109
Exhibit A
Attachment 2
#
Item / Service
Description / Unit
Fees through
Fee Effective
6/30/23
7/1/23
722
$500,001 and up (first $500,000)
Per calculated valuation
$7,464.00
$7,988.00
723
$500,001 and up (each additional $1000 or fraction thereof)
Per calculated valuation
$4.00
$4.00 A
Building Permit State Surcharges
725
726
727
California Building Standards Commission Green Building Valuation
Surcharge
Residential - California Strong Motion Instrumentation Program (SMIP)
Surcharge
Non -Residential - California Strong Motion Instrumentation Program
(SMIP) Surcharge
(Info Only) State fee required to be collected based on permit valuation
(Info Only) State fee required to be collected based on permit valuation
(Info Only) State fee required to be collected based on permit valuation
$1.00**
for ea. $25,000 or
fraction thereof
$0.13**
per $1,000
$0.28**
per $1,000
$1.00**
for ea. $25,000 or
fraction thereof
$0.13**
per $1,000
$0.28**
per $1,000
Section 7.3: Building and Safety Division - Residential Flat Fees
The provisions for residential flat fees may be applied when the specific work involved is for a single dwelling unit and /or appurtenant accessory structures where
there is no other work except the item listed herein. "Service Explanations" follow the Table.
Residential Building Permits - Flat Fees
730 Bathroom Remodel or Repair
731 Electrical Appliances
732 Electrical Circuits (first)
733 Electrical Circuits (each additional)
734 Electrical Panels (first)
735 Electrical Panels (each additional)
736 Fireplace Insert
737 Garbage Disposal
738 Gas Piping System
739 Hot Tub / Spa Portable
740 HVAC System
741 Kitchen Remodel or Repair (w/o structural modifications)
742 Lawn Sprinkler System
743 Motors
744 Plumbing Fixture
745 Roofing Replacement (Residential)
746 Shower / tub replacement only
Solar System - Residential Rooftop Photovoltaic (Up to 15Kw) as defined
by Government Code 66015
Solar System - Residential Rooftop Photovoltaic (for each Kw above 15 or
fraction thereof) as defined by Government Code 66015
750 Solar Pool Heating System
751 Solar Water Heaters
752 Ventilation Fan
753 Water Heater
754 Water Piping System
755 Window Replacements (first 5 windows)
747
748
756 Window Replacements (each additional window)
Per bathroom
Per Appliance - Installation of electrical appliances per "Service Explanation"
#1
First or single circuit per "Service Explanation" #2
Fee for each additional circuit per "Service Explanation" #2
First or single panel per "Service Explanation" #3
Fee for each additional panel per "Service Explanation" #3
Per single installation / per "Service Explanation" #4 and #5
Per single installation / per "Service Explanation" #1
Per single installation / per "Service Explanation" #6
Per single installation "Service Explanation" #7
Per system / "Service Explanation" #8
Per permit, limited to one kitchen
Per system for any lawn sprinkler or irrigation system
Per "Service Explanation" #9
Per "Service Explanation" #1 and #2
For re -roofing a single family dwelling
Per unit
Per permit
Each Kw above 15 of fraction thereof
Per system (when not included with original pool permit)
Per application
Per "Service Explanation" #10
Per "Service Explanation" #8
Per single installation / per "Service Explanation" #6
Per application containing 1-5 windows
Additional per window charge added to base 1-5 window charge on same
application
$428.00
$119.00
$119.00
$20.00
$176.00
$55.00
$223.00
$97.00
$218.00
$218.00
$232.00
$723.00
$111.00
$232.00
$106.00
$247.00
$176.00
$450.00**
$15.00* *
$341.00
$291.00
$92.00
$106.00
$218.00
$212.00
SERVICE EXPLANATIONS FOR RESIDENTIAL FLAT FEES
$448.00
$124.00
$124.00
$21.00
$184.00
$57.00
$233.00
$101.00
$229.00
$229.00
$243.00
$756.00
$116.00
$243.00
$111.00
$259.00
$184.00
$450.00**
$15.00**
$357.00
$304.00
$97.00
$111.00
$229.00
$221.00
$11.00 $11.00
110
Exhibit A
Attachment 2
Item / Service Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
1 For installation, relocation, or replacement of any electrical appliance which requires plumbing installation such as garbage disposal, dishwasher, etc.,
(includes all necessary circuits, outlets, switches, receptacles, fixtures, water piping, and waste and vent piping).
2 For installation, alteration or replacement of an electrical circuit (includes all necessary outlets, switches, receptacles, and lighting fixtures).
3 For installation, relocation or replacement of temporary power poles, power pedestals, subpanels or service upgrades (includes all necessary circuits,
4 For the installation, relocation or replacement of each vent or factory -built chimney.
5 For the installation of a solid burning fuel appliance (includes all necessary electrical circuits, outlets, fixtures, switches, receptacles factory -built
6 For each installation or alteration of each water piping system, gas piping system, or refrigerant piping system or portion thereof where fixtures or
7 For the installation, relocation or replacement of any spa / hot tub; includes all necessary outlets, receptacles, gas piping (only for spas supported on a
slab. See Valuation Table for spas located on decking).
8 For the installation, relocation or replacement of each heating, cooling or refrigeration appliance (includes all necessary electrical circuits, outlets,
fixtures, switches, receptacles, gas piping vents, water piping and duct work). OR (a) For the installation, relocation or replacement of each gas fired
water heater (includes all necessary water and gas piping and vents). OR (b) For the installation relocation or replacement of each electrical water heater
9 For installation, relocation or replacement of any motor (not an integral part of an integral part of an electrical appliance, fan, heating appliance, cooling
appliance), generator, heater, electrical furnace, welding machine, transformer, and rectified (includes all necessary circuits, outlets, fixtures, switches,
10 For installation, relocation or replacement of ventilation fans connected to a single duct or outlets, switches, receptacles, fixtures and duct work).
Section 7.4: Building and Safety Division — Non -Residential Flat Fees
Non -Residential Building Permits - Flat Fees
763 Solar Panel - Non -Residential Rooftop Photovoltaic (up to 50 Kw)
764 Solar Panel - Non -Residential Rooftop Photovoltaic (51 Kw-250 Kw)
765 Solar Panel - Non -Residential Rooftop Photovoltaic (above 251 Kw)
766 Replacement in - kind Heating and or Air conditioning units
767 Water heaters - standard
768 Reroof Base (Initial square)
769 Reroof—Additional beyond base
Per Permit
Per kilowatt between 51-250
Per kilowatt above 251
Per unit - "Service Explanation" #8
Per water heater - "Service Explanation" #8
Per initial square (loft X loft) area
Each additional square (10ft x 10ft) area or fraction thereof
Section 7.5: Building and Safety Division — Construction Debris & Demolition
771
1772
1774
1775
Residential per C&D phase/bond required
Residential non -bonded project ****
Commercial - bonded
Commercial - non -bond
Per Phase
Per application
Per application
Per application
$1,000.00**
$7.00**
$5.00**
$712.00
$176.00
$137.00
$13.00
$437.00
$241.00
$437.00
$241.00
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
Section 7.6: Building & Safety- Composite Hourly Rates & Overhead
BS1 Composite City Building & Safety Staff Hourly Rate (Includes Overhead) Per hour for T&M activities
BS2
Overhead Rate — Applied to actual costs incurred for consultant services
and expenses billed underT&M
Percentage applied to City costs
$244.00
30.0%*
$1,000.00* *
$7.00**
$5.00**
$745.00
$184.00
$143.00
$14.00
$458.00
$253.00
$458.00
$253.00
$255.00
30.0%*
Section 7.7: Building and Safety Division — 0
111
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
780
Additional plan checking, alternate means and methods applications, or
plan revisions
781 Certified Accessibility Specialist (CASp)- Meeting
782 Code compliance survey
783 Code compliance survey
784 In -plant inspections
785 Moved building inspection fee
786 Plan storage fee
787 Re -inspection fee.
Review geologic reports required by the Alquist-Priolo Special Studies
Zones Act
Service requested outside of regular working hours / business days (4
hour min)
Special Investigations (Code compliance survey, lockout inspection or
other special investigation.)
791 Address Requests (single address) ***
792 Address Requests (subdivision/multiple)
788
789
790
1793
794
Issue permit refund
Temporary Certificate of Occupancy
795 Equivalent Fees and Charges
796 Parking Lot Pavement Repair & Restriping Permit Processing
Time and Materials T&M
Initial meeting and review; all other work is T&M
Initial 100 sq. ft.
Each additional 100 sq. ft. or fraction thereof
If inspection is required at a fabrication facility outside jurisdiction
Per building
Applies to plans required to be prepared by a professional engineer or
architect
Per each re -inspection; on Multi -Family, fee is calculated per unit $202.00
$1,461.00
$723.00
$26.00
T&M
T&M
$11.00
Per application request T&M
Per hour with a four hour minimum $276.00
Per investigation; cost of investigation shall be in addition to the fees for any
new installation made as part of the correction
Per Request $129.00
Time & Material T&M
T&M
Per refund $76.00
Per Application $198.00
Fees for services or costs not explicitly listed in any section in the Master Fee
Schedule / case by case basis, may include: staff costs; contractor /
consultant costs; reimbursable expenses; general overhead
Per hour with a two hour minimum
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
T&M
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
T&M
$1,528.00
$756.00
$27.00
T&M
T&M
$11.00
$212.00
T&M
$289.00
T&M
$135.00
T&M
$80.00
$207.00
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
T&M
Section 8.1: Engineering / Public Works — Other Fees
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
800 *
Copies - 24" x 36" Per Sheet 5.00
801 Copies of Map - plotted GIS map
$5.00*
Not to exceed actual cost —As determined Not to exceed actual cost —As determined
by City Manager or designee by City Manager or designee
112
803
Item / Service
Description / Unit
Fees through
6/30/23
802 Research Fee
Subdivision and Development Improvement Plan Review/Revision & Plan
Check after 4th revision
804 Subdivision and Development Improvement Plan/Map Check
805 Subdivision Inspections
806 Special Study Review (i.e., Traffic Study)
807 Permit processing fee
Trenching / Road Cuts - Base transverse and longitudinal trenches, road
cuts, 1- 100 sq. ft.
Trenching / Road Cuts - Over 100 SF transverse and longitudinal trenches,
road cuts, >100 sq. ft.
810 Construction concrete sidewalk, curb, and gutter 1- 50 sq. ft
811 Construction concrete sidewalk, curb, and gutter greater than 50 sq. ft
812 Constructing concrete driveways: residential
813 Constructing concrete driveways: commercial
814 Constructing drain inlets, manholes, and connections to same
808
809
815 Encroachment Permit Resurfacing Surcharge -100 sq. ft. or less
816 Encroachment Permit Resurfacing Surcharge - per sq. ft. after 100 sq. ft.
817 Transportation / Oversized Vehicle Permits: Annual
818 Transportation / Oversized Vehicle Permits: Single trip
819 Block party / street closure
820 Filming/Photography Within Public Right of Way - Professional Fee
821 Filming / Photography Within Public Right of Way - Basic fee
822 Building division permit referral -residential ***
823 Building division permit referral - non residential
824 Personal Wireless Service Facility Permit
825 Watercourse Protection Permit
826 ADA site compliance review
827 Newsrack Permit
Inspection: Public improvements construction; grading; encroachment
permits
828
829 Equivalent Fees and Charges
830 Amended map or certificate of correction
831 Street Vacations/Abandonment, Right of Way Dedication Review
832 Certificates of compliance, mergers, parcel map waivers
833 Investigation fee/work without a permit (encroachment)
834 Traffic control plan review (encroachment)
835 Processing extension of subdivision improvement agreement or
development agreement (subdivision)
836 Warranty inspection and project closeout (subdivision)
Per 1/2 Hour
Time & Materials
Charge Time & Materials-> 3% of estimated cost of improvements ($2,500
minimum deposit; maximum $25,000)
Charge Time & Materials-> 3% of estimated cost of improvements ($2,500
minimum initial deposit; maximum $100,000)
New Fee: $5,000 Initial Deposit (Time & Materials)
Includes cost of processing grading or encroachment permit or misc. permit
Base Permit cost up to 100 sq. ft.
Additional permit cost per additional square foot in excess of 100 sq. ft.
Base Permit cost up to 50 sq. ft.
Additional permit cost per additional linear foot in excess of 50 sq. ft.
Per Driveway- Residential
Per Driveway - Commercial
Connection of inlet
Per each permit where roadway asphalt is cut impacting 100 sq. ft. or less of
roadway
In addition to base charge for up to 100 sq. ft. - an additional per sq. ft.
(Info Only State Limits Max. Fee Per Calif. Vehicle Code 35795 (b)(1)); per
annual permit application
(Info Only State Limits Max. Fee Per Calif. Vehicle Code 35795 (b)(1)); per
single trip application
Per application
Per Application
Per application
Per application
Per Application
$5,000 Initial Deposit (Time & Materials)
$15,000 Initial Deposit (Time & Materials)
Per application
Per application / single space in City -owned newsrack
Per hour
Fees for services or costs not explicitly listed in any section in the Master Fee
Schedule / case by case basis, may include: staff costs; contractor /
consultant costs; reimbursable expenses; general overhead
Fixed Fee
$2,000 Initial Deposit (Time & Materials)
$3,000 initial deposit (Time & Materials)
Hourly Rate - 1 hr. minimum. Over 1 hour (Time & Materials)
Fixed Fee
Time & Materials
Fixed Fee
$167.00
T& M
T& M
T& M
T& M
$148.00
$534.00
$2.00
$668.00
$2.00
$801.00
$1,335.00
$1,068.00
$114.00
$1.00 per square foot
$90.00**
$16.00**
See Encroachment Fee
$789.00
See Encroachment Fee
$650.00
$977.00
T&M
T&M
$977.00
$401.00
T&M
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$662.00
T&M
T&M
Base $267.00
$391.00
T&M
$977.00
Exhibit A
Attachment 2
Fee Effective
7/1/23
$175.00
T& M
T&M
T&M
T&M
$155.00
$558.00
$2.00
$699.00
$2.00
$838.00
$1,397.00
$1,117.00
$119.00
$1.00 per square foot
$90.00**
$16.00**
See Encroachment Fee
$826.00
See Encroachment Fee
$681.00
$1,022.00
T&M
T&M
$1,022.00
$419.00
T&M
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$693.00
T&M
T&M
Base $279.00
$410.00
T&M
$1,022.00
113
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
837
Condition of approval compliance review or single parcel review (no
improvement plans)
838 Grading Plan Review/Site Work Permit Review
839 Grading lnspection
840 Erosion Control Review and Inspection
841 Nuisance Abatement - Tree trimming, Sidewalk Repair
Hourly Rate - 1 hr. minimum. Over 1 hour (Time & Materials)
$5,000 initial deposit (Time & Materials)/$2,500 initial deposit (Time &
Materials)
$15,000 initial deposit (Time & Materials)
$1,000 initial deposit (Time & Materials)
See muni code
Base: $334.00
Over 1 Hour T&M
T&M
T&M
T&M
See Muni Code
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to
these City permit fees, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the
scope of work beyond the establishment of the ADU, and/or enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction
and demolition debris, rather than self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin
Municipal Code and the scope of work beyond the establishment of the ADU are not eligible for this fee waiver.
Base: $350.00
Over 1 Hour T&M
T&M
T&M
T&M
See Muni Code
Section 8.2: Engineering- Cash Bond Required For Encroachment Permit (If No Surety Bond)
Transverse and longitudinal trenches, road cuts, and other street
excavation work — 50 square feet of less
Transverse and longitudinal trenches, road cuts, and other street
excavation work — in excess of 50 square feet
850
851
852
853
854
855
856
857
858
859
Concrete Sidewalk 50 square feet or less
Concrete Sidewalk more than 50 square feet
Concrete Curb and / or gutter of 30 linear feet or less
Concrete Curb and / or gutter more than 30 linear feet
Residential Concrete Driveway
Commercial Concrete Driveway
Drop inlets, manholes and connections to same
Temporary street or lane closures
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions $500.00*
$500.00 + $5.00/ sq. ft.
in excess of 50 sq. ft.*
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
860 Miscellaneous encroachment work Minimum Bond Amount Per Application - See Section 8.2(A): Conditions
$500.00*
$500.00 + $5.00/ sq. ft.
in excess of 50 sq. ft.*
$500.00*
$500.00 + $20.00/ linear ft. in excess of 30
linear ft.*
$500.00
Minimum*
$1,000.00
Minimum*
$1.000.00
Minimum*
No Deposit / Bond Required
Amount to be determined by the Public
Works Director in accordance with the
nature and scope of work
$500.00*
$500.00 + $5.00/ sq. ft.
in excess of 50 sq. ft.*
$500.00*
$500.00 + $5.00/ sq. ft.
in excess of 50 sq. ft.*
$500.00*
$500.00 + $20.00/ linear ft. in excess of 30
linear ft.*
$500.00
Minimum*
$1,000.00
Minimum*
$1.000.00
Minimum*
No Deposit / Bond Required
Amount to be determined by the Public
Works Director in accordance with the
nature and scope of work
Section 8.2(A): Conditions: -Cash Bond Required For Encroachment Permi
- Conditions For Release: Bonds shall be released six months after the work has been accepted by the City, provided there are no defects in the work.
- Annual Bonds: A minimum annual cash deposit of $5,000.00 may be posted in lieu of a cash or a surety bond for each permit. The City may require additional
bonds or cash deposits
Section 8.3: Engineering- Composite Hourly Rates & Overhead
Composite City Engineering Staff (Excludes Inspectors) Hourly Rate
(Includes Overhead)
EN1
Per hour for T&M activities
$334.00
$350.00
114
#0
Item / Service
Description / Unit
Fees through
6/30/23
EN2
ENS
Composite City Public Works / Engineering Inspectors Rate (Includes
Overhead)
Overhead Rate - Applied to actual costs incurred for consultant services
and expenses billed underT&M
Section 8.4: Environmental Programs- Fees
870 Building division permit referral
1871 Stormwater Treatment Measure Inspection
1872 Storm Drain Medallion
1873 Stormwater Facility Inspections: Restaurant/Commercial
1874 Trash Capture/Enclosure Inspection
875 Review of Annual Maintenance Reports of privately maintained post -
construction
1876 Initial Annual Self Haul Permit
1877 Annual Self Haul Permit Renewal
878 Equivalent Fees and Charges
ENV).
IENV2
IENV3
Environmental Coordinator
Environmental Technician
Office Assistant II
Per hour for T&M activities
Percentage applied to City costs
Flat Fee
Per Hour
Each Medallion
Flat Fee
Flat Fee
Flat Fee
Annual Permit
Annual Permit
Fees for services or costs not explicitly listed in any section in the Master Fee
Schedule / case by case basis, may include: staff costs; contractor /
consultant costs; reimbursable expenses; general overhead
Per Hour
Per Hour
Per Hour
Exhibit A
Attachment 2
Fee Effective
7/1/23
$267.00 $279.00
26%*
$520.00
$267.00
$11.00
$437.00
$222.00
$247.00
$645.00
$385.00
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$225.00
$193.00
$134.00
26%*
$544.00
$279.00
$12.00
$458.00
$232.00
$259.00
$675.00
$403.00
As determined by City Manager or designee
based on actual costs and rates plus general
overhead
$236.00
$202.00
$140.00
Section 9.1: City Attorney — Development Application Processing
For all development related activities noted as Time and Materials (T&M), the cost of the City Attorney shall be determined by applying the designated overhead
factor to the Cost for City Attorney services incurred by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope
and complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the
project shall be refunded to the applicant.
CA1
Overhead Rate —Applied to City Attorney Costs associated with Planning
and Engineering Applications Percentage applied to City costs
CA2 Equivalent Fees and Charges
44%*
44%*
Fees for services or costs not explicitly listed in any section in the Master Fee As determined by City Manager or designee As determined by City Manager or designee
Schedule / case by case basis, may include: staff costs; contractor / based on actual costs and rates plus general based on actual costs and rates plus general
consultant costs; reimbursable expenses; general overhead overhead overhead
Section 10.1: Parks &Recreation Program Fees -Activity Fees**
All Parks & Recreation Program Fees are subject to 20% increase based on the Parks & Community Services Pricing Policy.
(1) Noted activities were added during the year at the Parks & Community Services Director's discretion, per Policy; or were new fees approved by the City
Council
FP1
IFP2
IFP3
IFP4
IFP5
IFP6
After School Recreation Resident
After School Recreation Non -Resident
After School Recreation Late Fee
Seasonal Half Day Camps Resident
Seasonal Half Day Camps Non -Resident
Seasonal Full Day Camps Resident
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Flat fee plus per minute
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
$794
$952
$10/Plus $1 per minute
$105
$126
$338
$794
$952
$10/Plus $1 per minute
$105
$126
$338
115
FP7
FP8
FP9
FP10
FP11
FP12
FP13
FP14
FP15
Item / Service
Description / Unit
Fees through
6/30/23
Seasonal Full Day Camps Non -Resident
Seasonal Full Day Camp with Waterpark Admission Resident
Seasonal Full Day Camp with Waterpark Admission Non -Resident
Camp Connector Lunch Hour Resident
Camp Connector Lunch Hour Non -Resident
Dublin L.E.A.D. Program Resident
Dublin L.E.A.D. Program Non -Resident
After School L.E.A.D. Resident
After School L.E.A.D. Non -Resident
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Summer Session
Individual Fee/Summer Session
Individual Fee/Per Session
Individual Fee/Per Session
$405
$408
$490
$21
$25
$119
$143
$592
$710
Exhibit A
Attachment 2
Fee Effective
7123
$405
$408
$490
$21
$25
$119
$143
$592
$710
PP1
PP2
PP3
PP4
PPS
PP6
PP7
PP8
PP9
PP10
PP11
PP12
SC1
SC2
SC3
SC4
SC5
SC6
SC7
SC8
SC9
SC10
SC11
SC12
SP1
SP2
SP3
SP4
SP5
SP6
SP7
SP8
SP9
SP10
Preschool - 3-Year Olds 2-days per week Resident
Preschool - 3-Year Olds 2-days per week Non -Resident
Preschool - 4-Year Olds 2-days per week Resident
Preschool - 4-Year Olds 2-days per week Non -Resident
Preschool - 3-Year Olds 3-days per week Resident
Preschool - 3-Year Olds 3-days per week Non -Resident
Preschool - 4-Year Olds 3-days per week Resident
Preschool - 4-Year Olds 3-days per week Non -Resident
Preschool - 4-Year Old Classes 4-days per week Resident
Preschool - 4-Year Old Classes 4-days per week Non -Resident
Camp Shamrock Preschool Half day Resident
Camp Shamrock Preschool Half day Non -Resident
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Weekly
Individual Fee/Weekly
$631
$743
$665
$784
$908
$1,075
$950
$1,127
$1,404
$1,671
$128
$154
$631
$743
$665
$784
$908
$1,075
$950
$1,127
$1,404
$1,671
$128
$154
Senior Center Programs
Activity Fee Resident
Activity Fee Non -Resident
Special Luncheons Resident
Special Luncheons Non -Resident
Dances Pre -Registration Resident
Dances Pre -Registration Non -Resident
Dances Day -Of Registration Resident
Dances Day -Of Registration Non -Resident
City Trips and Tours Resident
City Trips and Tours Non -Resident
Contracted Trips and Tours Resident
Contracted Trips and Tours Non -Resident
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee/Per trip
Individual Fee/Per trip
Individual Fee/Per trip
Individual Fee/Per trip
$3-$16
$4-$19
$10-$21
$13-$25
$10-$26
$13-$31
$16-$42
$19-$50
$16-$104
$19-$125
$26-$313
$31-$375
Sports Programs
Adult Basketball League Resident
Adult Basketball League Non -Resident
Adult Softball League Resident
Adult Softball League Non -Resident
Adult Sports League Late Fee
Youth Winter Junior Warriors Basketball League Resident
Youth Winter Junior Warriors Basketball League Non -Resident
Youth Summer Junior Warriors Basketball League Resident
Youth Summer Junior Warriors Basketball League Non -Resident
Youth Tee Ball League Resident
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
$520-$728
$624-$874
$520-$728
$624-$874
$26
$191
$229
$132
$158
$125
$3-$16
$4-$19
$10-$21
$13-$25
$10-$26
$13-$31
$16-$42
$19-$50
$16-$104
$19-$125
$26-$313
$31-$375
$624 - $872
$748 - $1,046
$520-$728
$624-$874
$26
$191
$229
$132
$158
$125
116
Item / Service
Description / Unit
Fees through
6/30/23
SP11 Youth Tee Ball League Non -Resident Individual Fee
$150
Exhibit A
Attachment 2
Fee Effective
7/1/23
$150
Wave-Waterpark Admission Fees
s
WV1
WV2
WV3
WV4
WV5
WV6
WV7
WV8
WV9
WV10
WV11
Daily Pass/Children under 2 Admission fees Resident
Daily Pass/Children under 2 Admission fees Non -Resident
Daily Pass/Under 40" Admission fees Resident
Daily Pass/Under 40" Admission fees Non -Resident
Daily Pass/Over 40" Admission fees Resident
Daily Pass/Over 40" Admission fees Non -Resident
Daily Pass/Military Personnel, veterans, reservists, active (up to 3 guests)
Season Pass/Children under 2 Admission fees Resident only
Season Pass/Under 40"/Mon-Thu, no holidays, resident only
Season Pass/Over 40"/Mon-Thu, no holidays, resident only
Season Pass/Family/Mon-Thu, no holidays, resident only
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Family Fee
$3
$4
$14
$17
$16
$19
$10
$21
$78
$89
$281
$3
$4
$14
$17
$16
$19
$10
$21
$78
$89
$281
Wave -Swim Lessons
WV12 Ratio 1 Instructor to 8 Participants Resident
WV13 Ratio 1 Instructor to 8 Participants Non -Resident
WV14 Ratio 1 Instructor to 6 Participants Resident
WV15 Ratio 1 Instructor to 6 Participants Non -Resident
WV16 Ratio 1 Instructor to 5 Participants Resident
WV17 Ratio 1 Instructor to 5 Participants Non -Resident
WV18 Ratio 1 Instructor to 4 Participants Resident
WV19 Ratio 1 Instructor to 4 Participants Non -Resident
WV20 Ratio 1 Instructor to 2 Participants Resident
WV21 Ratio 1 Instructor to 2 Participants Non -Resident
WV22 Ratio 1 Instructor to 1 Participant Resident
WV23 Ratio 1 Instructor to 1 Participant Non -Resident
Note: Total number of classes per session will vary
WV24 Junior Green Gators Resident
WV25 Junior Green Gators Non -Resident
WV26 Green Gators Resident
WV27 Green Gators Non -Resident
Note: Junior Green Gators is based on 2 days/week or 4 days/week
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Season
Individual Fee/Per Season
Total number of classes per session will vary.
$10
$13
$15
$18
$21
$25
$27
$33
$36
$44
$57
$69
$13
$16
$359
$431
$10
$13
$15
$18
$21
$25
$27
$33
$36
$44
$57
$69
$13
$16
$359
$431
Wave -Recreational and Other
WV28 Lap Swim/Water Walking Resident
WV29 Lap Swim/Water Walking Non -Resident
WV30 Kid's Night Out - Resident
WV31 Kid's Night Out - Non -Resident
WV32 Birthday Party Package - Summer Season Resident
WV33 Birthday Party Package - Summer Season Non -Resident
WV34 Birthday Party Package - Off -Season Resident
WV35 Birthday Party Package - Off -Season Non -Resident
WV36 Public Address Announcements Residents
WV37 Public Address Announcements Non -Residents
WV38 Recreational Swim/Under 2 Years Resident
WV39 Recreational Swim/Under 2 Years Non -Resident
WV40 Recreational Swim/Over 2 Years Resident
WV41 Recreational Swim/Over 2 Years Non -Resident
Individual Fee/Per visit
Individual Fee/Per visit
Individual Fee
Individual Fee
Individual Fee/Per Party
Individual Fee/Per Party
Individual Fee/Per Party
Individual Fee/Per Party
3 announcements
3 announcements
Individual Fee/Per Visit
Individual Fee/Per Visit
Individual Fee/Per Visit
Individual Fee/Per Visit
$6
$8
$58
$69
$31
$38
$23
$28
$26
$31
$3
$4
$6
$9
$6
$8
$40-$70
$48 - $84
$31
$38
$23
$28
$26
$31
$3
$4
$6
$9
117
Item / Service
Description / Unit
Fees through
6/30/23
Exhibit A
Attachment 2
Fee Effective
7/1/23
HERITAGE PARK & MUSEUMS
HP1
HP2
HP3
HP4
HP5
HP6
HP7
HP8
HP9
HP10
HP11
HP12
CG1
ICG2
Heritage Park Drop -In Programs
Ghosts Of Dublin Tour
Weekend History Events
Group Tours
School Field Trips
Pioneer Activity
Group Tours Resident
Group Tours Non -Resident
School Field Trips Resident
School Field Trips Non -Resident
Pioneer Activity Resident
Pioneer Activity Non -Resident
Yearly Garden Plot - Resident Only
Garden Plot Deposit Fee (Refundable)
Heritage Park Drop -In Programs Per Person
Per Person Admission Fee
Per Person Per Event
Per Person Per Tour
Per Student Per Field Trip
Per Student Per Activity
Individual Fee/Per Tour
Individual Fee/Per Tour
Individual Fee/Per Trip
Individual Fee/Per Trip
Individual Fee/Per Visit
Individual Fee/Per Visit
Individual Fee/Per Year
Individual Fee/Per Year
Resident $3
Non -Resident $4
Resident $15
Non -Resident $18
Resident $5-$15
Non -Resident $6-$18
Resident $5
Non -Resident $6
Resident $4
Non -Resident $5
Resident $1.50
Non -Resident $2.50
$5
$6
$4
$5
$1.50
$2.50
Contract Classes
For all Contract Instructor Activities, Fees for Residents and for Non -Residents may vary. The fees are based on the contract agreements
with each instructor and are subject to change at the discretion of the Parks & Community Services Director.
NA
NA
VARIES
Resident $3
Non -Resident $4
Resident $15
Non -Resident $18
Resident $5-$15
Non -Resident $6-$18
Resident $5
Non -Resident $6
Resident $4
Non -Resident $5
Resident $1.50
Non -Resident $2.50
$5
$6
$4
$5
$2
$3
$50
$50
VARIES
Section 10.2: Parks & Recreation Program Fees - Cemetery Fees for Heritage & Cultural Arts Center**
CF1
CF2
CF3
CF4
CF5
CF6
CF7
CF8
Interment Fees Cremation Burial
Interment Fees Earth Burial
Memorial Bench with ability to hold human remains
Memorial Boulder with ability to hold human cremations
Memorial Hawthorn Tree with Plaque, No Human Remains
Memorial Brick with Personalized Inscription, No Human Remains
Adopt a Bench New with engraved plaque
Adopt a Bench Existing with engraved plaque
Per Burial
Per Burial
Per Bench
Per Boulder
Per Tree
Per Brick
Per Bench
Per Bench
$344
$5,194
$3,300
$2,800
$800
$350
$2,500
$1,500
$375
$6,800
Discontinued - Sold Out
Discontinued - Sold Out
$800
$350-$482
$2,500
$1,500
Section 10.3: Parks & Recreation Program Fees - Facility Rental Fees**
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Dublin Based Non -Profits - Chamber of Commerce, Charitable and Social Welfare Organizations, Homeowners Associations, and Sports League Organizations
Group 3: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 2
Group 4: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Additional Facility Rental Fees for Amenities _
FR1
IFR2
Dance Floor, Stage, Piano, Linens, Cocktail Tables, Patio Heaters, Etc.
Groups 1 and 2 Setup and Takedown Only During Business Hours
Per Amenity
Per Hour/Per Staff
$15-$200
$17.00
$15-$200
$18.00
118
Exhibit A
Attachment 2
#
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
Civic Center Rental (Council Chambers & Regional Meeting Room) *Deposit of $500 (Update)
FR3 Groups 1 and 2 for purpose of meetings Per Hour No Fee No Fee
FR4
FR5
FR6
FR7
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
$94
$113
$125
$150
$94
$113
$125
$150
Heritage Park & Museums Facility Rental - St. Raymond Church *Deposit of $500 (Update)
FR38
FR39
FR40
FR41
FR42
FR43
St. Raymond Church
Group 1 and 2 for purpose of meetings outside of business hours
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Group 3 Discount on Mutiple Rooms
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
$17
$63
$75
$83
$100
10%
$18
$63
$75
$83
$100
10%
FR44
FR45
FR46
FR47
FR48
FR49
St. Raymond Church Outdoor Patio Monday -Thursday as a Standalone
Group 1 and 2 for purpose of meetings outside of business hours
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Group 3 Discount on Mutiple Rooms
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
$17
$60
$72
$80
$96
10%
$18
$60
$72
$80
$96
10%
Kolb Sunday School Barn
FR50 Group 1 and 2 for purpose of meetings outside of business hours
FR51 Group 3 Resident
FR52 Group 3 Non -Resident
FR53 Group 4 Resident
FR54 Group 4 Non -Resident
FR55 Group 3 Discount on Mutiple Rooms
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
$26
$104
$125
$140
$168
10%
$28
$111
$134
$150
$180
10%
Lawn Area
FR56 Group 1 and 2 for purpose of meetings outside of business hours
FR57 Group 3 Resident
FR58 Group 3 Non -Resident
FR59 Group 4 Resident
FR60 Group 4 Non -Resident
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
$17
$78
$94
$104
$125
$18
$78
$94
$104
$125
Library Community Room *Deposit of $500 (Update)
FR61 Groups 1 and 2 for purpose of meetings
FR62 Group 3 Resident
FR63 Group 3 Non -Resident
FR64 Group 4 Resident
FR65 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
No Fee
$94
$113
$125
$150
No Fee
$94
$113
$125
$150
Senior Center Facility Rental *Deposit of $750 (Update)
Ballroom
FR66 Groups 1 and 2 for purpose of meetings
FR67 Group 3 Resident
FR68 Group 3 Non -Resident
FR69 Group 4 Resident
FR70 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$48
$193
$231
$256
$308
$51
$207
$247
$274
$330
Kitchen (separate from Ballroom rental) Minimum 3 hour rental, only permitted on weekdays
FR71 (Groups 1 and 2 During Business Hours (Per Hour
I
$17
1
$18
119
1
Item / Service
Description / Unit
Exhibit A
Attachment 2
Fee Effective
7/1/23
FR72 Groups 1 and 2 Outside of Business Hours Per Hour $24 $24
FR73 Group 3 Resident Per Hour $83 $83
FR74 Group 3 Non -Resident Per Hour $100 $100
FR75 Group 4 Resident Per Hour $120 $120
FR76 Group 4 Non -Resident Per Hour $144 $144
Classroom A
FR77 Groups 1 and 2 Standalone Use Outside of Business Hours Per Hour
FR78 Group 3 Resident Per Hour
FR79 Group 3 Non -Resident Per Hour
FR80 Group 4 Resident Per Hour
FR81 Group 4 Non -Resident Per Hour
$17
$39
$46
$51
$61
$18
$42
$49
$55
$65
Classroom B
FR83 Groups 1 and 2 Outside of Business Hours
FR84 Group 3 Resident
FR85 Group 3 Non -Resident
FR86 Group 4 Resident
FR87 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$17 $18
$29 $31
$35 $37
$40 $43
$48 $51
Classroom C/D
FR88 Groups 1 and 2 Outside of Business Hours
FR89 Group 3 Resident
FR90 Group 3 Non -Resident
FR91 Group 4 Resident
FR92 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$17 $18
$39 $42
$46 $49
$51 $55
$61 $65
Meeting Room
FR93 Groups 1 and 2 for purpose of meeting Per Hour $17 $18
FR94 Group 3 Resident Per Hour $18 $19
FR95 Group 3 Non -Resident Per Hour $21 $22
FR96 Group 4 Resident Per Hour $23 $25
FR97 Group 4 Non -Resident Per Hour $28 $30
Shannon Center Facility Rental *Deposit of $750
el
Ambrose Hall
FR98 Groups 1 and 2 Outside of Business Hours Per Hour $89 $95
FR99 Group 3 Resident Per Hour $261 $279
FR100 Group 3 Non -Resident Per Hour $313 $335
FR101 Group 4 Resident Per Hour $346 $370
FR102 Group 4 Non -Resident Per Hour $415 $444
Outdoor Patio (separate from Ballroom rental) Monday -Thursday
FR103 Groups 1 and 2 Outside of Business Hours Per Hour $31 $31
FR104 Group 3 Resident Per Hour $123 $123
FR105 Group 3 Non -Resident Per Hour $148 $148
FR106 Group 4 Resident Per Hour $164 $164
FR107 Group 4 Non -Resident Per Hour $197 $197
Kitchen (separate from Ballroom rental) Minimum 3 hour rental, only permitted on weekdays
FR108 Groups 1 and 2 Outside of Business Hours Per Hour $24 $24
FR109 Group 3 Resident Per Hour $83 $83
FR110 Group 3 Non -Resident Per Hour $100 $100
FR111 Group 4 Resident Per Hour $120 $120
FR112 Group 4 Non -Resident Per Hour $144 $144
Multipurpose Room
FR113 (Groups 1 and 2 Outside of Business Hours 'Per Hour I $24 I $26
120
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
FR114
FR115
FR116
FR117
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
$73
$88
$97
$116
$78
$94
$104
$124
Classroom
FR118 Groups 1 and 2 Outside of Business Hours
FR119 Group 3 Resident
FR120 Group 3 Non -Resident
FR121 Group 4 Resident
FR122 Group 4 Non -Resident
Stager Gym Facility Rental *Deposit ($500) - New
FR123 Groups 1 and 2
FR124 Group 3 Resident
FR125 Group 3 Non -Resident
FR126 Group 4 Resident
FR127 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$17
$31
$38
$42
$50
$42
$63
$75
$83
$100
$18
$33
$41
$45
$54
$42
$63
$75
$83
$100
The Wave Rentals
Full Park Buyout: Paul McCreary Sports Pool, Natatorium, Children's Splash Zone, and Waterslide Tower - Deposit $750
WR1
Group 1, Group 2, and Group 3 Resident
Per Hour
$1,250
$1,250
WR2
Group 3 Non -Resident
Per Hour
$1,500
$1,500
WR3
Group 4
Per Hour
$1,824
$1,824
Children's Splash Zone - Deposit $500
WR4
Group 1, Group 2, and Group 3 Resident
Per Hour
$344
$344
WR5
Group 3 Non -Resident
Per Hour
$413
$413
WR6
Group 4
Per Hour
$521
$521
Lower Level of Tower: Mt. Diablo, Golden Wave, and Riptide Rider - Deposit $500
WR7
Group 1, Group 2, and Group 3 Resident
Per Hour
$396
$396
WR8
Group 3 Non -Resident
Per Hour
$475
$475
WR9
Group 4
Per Hour
$584
$584
Full Waterslide Tower: Emerald Plunge, Shamrock Swirl, and Dublin Screamer - Deposit $500
WR10
Group 1, Group 2, and Group 3 Resident
Per Hour
$469
$469
WR11
Group 3 Non -Resident
Per Hour
$563
$563
WR12
Group 4
Per Hour
$709
$709
Natatorium - Deposit $500
WR13
Group 1, Group 2, and Group 3 Resident
Per Hour
$292
$292
WR14
Group 3 Non -Resident
Per Hour
$354
$354
WR15
Group 4
Per Hour
$427
$427
Paul McCreary Sports Pool During Normal Operating Hours - Deposit $500
WR16
Group 1, Group 2, and Group 3 Resident
Per Hour
$292
$292
WR17
Group 3 Non -Resident
Per Hour
$350
$350
WR18
Group 4
Per Hour
$427
$427
Swim Lane Paul McCreary Sports Pool During Normal Operating Hours
WR19
Group 1, Group 2, and Group 3 Resident
Per Hour
$13
$13
WR20
Group 3 Non -Resident
Per Hour
$15
$15
WR21
Group 4
Per Hour
$20
$20
Community Room - Deposit $500
WR22
Group 1, Group 2, and Group 3 Resident
Per Hour
$104
$111
WR23
Group 3 Non -Resident
Per Hour
$125
I $134
121
Item / Service
Description / Unit
Fees through
6/30/23
Exhibit A
Attachment 2
Fee Effective
7/1/23
WR24 Group 4 Per Hour $160 $171
Amenities and Services
WR25 Cabana - Weekday Resident Per Day $83 $83
WR26 Cabana - Weekday Non -Resident Per Day $100 $100
WR27 Cabana - Weekend Resident Per Day $94 $94
WR28 Cabana - Weekend Non -Resident Per Day $113 $113
WR29 Luxury Lounges (2) Resident Per Day $42 $42
WR30 Luxury Lounges (2) Non -Resident Per Day $50 $50
WR31 Additional Staff Per Staff/Per Hour $34 $34
WR32 Technology and Equipment Package for Competition Per Day $500 $500
WR33 Individuals or Other Groups Per Locker/Per Size $6-$20 $6-$20
Section 10.4: Parks & Recreation Program Fees - Picnic Area and Amphitheater Rental Fees**
Park Picnic Area Rentals
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Dublin Based Non -Profits - Chamber of Commerce, Charitable and Social Welfare Organizations, Homeowners Associations, and Sports League Organizations
Group 3: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 2
Group 4: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Groups 1 and 2
PR1 Seats 200
PR2 Seats 96
PR3 Seats 80
PR4 Seats 64
PR5 Seats 56
PR6 Seats 48
PR7 Seats 36
PR8 Seats 24
IPR9 Seats 18
Group 3 Resident
Per 4 hours/Each Additional Hour $100/$25 $100/$25
Per 4 hours/Each Additional Hour $48/$12 $48/$12
Per 4 hours/Each Additional Hour $44/$11 $44/$11
Per 4 hours/Each Additional Hour $32/$8 $32/$8
Per 4 hours/Each Additional Hour $28/$7 $28/$7
Per 4 hours/Each Additional Hour $24/$6 $24/$6
Per 4 hours/Each Additional Hour $18/$5 $18/$5
Per 4 hours/Each Additional Hour $12/$3 $12/$3
Per 4 hours/Each Additional Hour $12/$3 $12/$3
PR10 Seats 200 Per 4 hours/Each Additional Hour $300/$75 $300/$75
PR12 Seats 96 Per 4 hours/Each Additional Hour $144/$36 $144/$36
PR14 Seats 80 Per 4 hours/Each Additional Hour $120/$30 $120/$30
PR16 Seats 64 Per 4 hours/Each Additional Hour $96/$24 $96/$24
PR18 Seats 56 Per 4 hours/Each Additional Hour $84/$21 $84/$21
PR20 Seats 48 Per 4 hours/Each Additional Hour $72/$18 $72/$18
PR22 Seats 36 Per 4 hours/Each Additional Hour $54/$14 $54/$14
PR24 Seats 24 Per 4 hours/Each Additional Hour $36/$9 $36/$9
PR26 Seats 18 Per 4 hours/Each Additional Hour $28/$7 $28/$7
Group 3 Non -Resident
PR11 Seats 200 Per 4 hours/Each Additional Hour $360/$90 $360/$90
PR13 Seats 96 Per 4 hours/Each Additional Hour $173/$43 $173/$43
PR15 Seats 80 Per 4 hours/Each Additional Hour $144/$36 $144/$36
PR17 Seats 64 Per 4 hours/Each Additional Hour $115/$29 $115/$29
PR19 Seats 56 Per 4 hours/Each Additional Hour $101/$25 $101/$25
PR21 Seats 48 Per 4 hours/Each Additional Hour $86/$22 $86/$22
PR23 Seats 36 Per 4 hours/Each Additional Hour $65/$16 $65/$16
PR25 Seats 24 Per 4 hours/Each Additional Hour $43/$11 $43/$11
I PR27 Seats 18 Per 4 hours/Each Additional Hour $36/$9 $36/$9
122
Item / Service
Description / Unit
Fees through
6/30/23
Exhibit A
Attachment 2
Fee Effective
7/1/23
Group 4 Residents
PR28 Seats 200
PR30 Seats 96
PR32 Seats 80
PR34 Seats 64
PR36 Seats 56
PR38 Seats 48
PR40 Seats 36
PR42 Seats 24
PR44 Seats 18
Per 4 hours/Each Additional Hour $400/$100 $400/$100
Per 4 hours/Each Additional Hour $192/$48 $192/$48
Per 4 hours/Each Additional Hour $152/$38 $152/$38
Per 4 hours/Each Additional Hour $127/$32 $127/$32
Per 4 hours/Each Additional Hour $112/$28 $112/$28
Per 4 hours/Each Additional Hour $96/$24 596/$24
Per 4 hours/Each Additional Hour $72/$18 $72/$18
Per 4 hours/Each Additional Hour $48/$12 $48/$12
Per 4 hours/Each Additional Hour $36/$9 $36/$9
Group 4 Non -Residents
PR29 Seats 200
PR31 Seats 96
PR33 Seats 80
PR35 Seats 64
PR37 Seats 56
PR39 Seats 48
PR41 Seats 36
PR43 Seats 24
PR45 Seats 18
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
Per 4 hours/Each Additional Hour
$480/$120
$230/$58
$182/$46
$152/$38
$134/$34
$115/$29
$86/$22
$58/$15
$44/$11
$480/$120
$230/$58
$182/$46
$152/$38
$134/$34
$115/$29
$86/$22
$58/$15
$44/$11
Emerald Glen Amphitheater Fees
AM1
AM3
AM4
AM5
AM6
Groups 1 and 2
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Daily Fee
Daily Fee
Daily Fee
Daily Fee
Daily Fee
$216
$651
$782
$867
$1,040
$216
$651
$782
$867
$1,040
Section 10.5: Parks & Recreation Program Fees - Sports Fields Rental Fees**
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Approved Dublin Based Youth Sports League Organizations - at least 75% Dublin Residents
Group 3: Dublin Based Non -Profits and Approved Adult Sports League Organizations (51% residents) - Chamber of Commerce, Charitable and Social Welfare Organizations, and Homeowners Associations
Group 4: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 3
Group 5: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Turf Fields - Deposit $250 per field
SR1 Groups 1 and 2
ISR2 Group 3
ISR3 Group 4 Residents
ISR4 Group 4 Non -Residents
ISR5 Group 5 Residents
ISR6 Group 5 Non -Residents
Synthetic Turf Fields - Deposit $250 per field
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
SR7 Groups 1 and 2 Per Field/Per Hour
SR8 Group 3 Per Field/Per Hour
SR9 Group 4 Residents Per Field/Per Hour
SR10 Group 4 Non -Residents Per Field/Per Hour
SR11 Group 5 Residents Per Field/Per Hour
ISR12 Group 5 Non -Residents Per Field/Per Hour
$7
$18
$22
$26
$35
$42
$7
$18
$22
$26
$35
$42
$26 $26
$52 $52
$65 $65
$78 $78
$104 $104
$125 $125
123
Exhibit A
Attachment 2
Item / Service
Description / Unit
Fees through
6/30/23
Fee Effective
7/1/23
(1) Cricket Turf Fields
SR13
SR14
SR15
SR16
SR17
SR18
SR19
SR20
SR21
SR22
SR23
SR24
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Other
$78
$124
$195
$234
$259
$310
$26
$28
$35
$43
$57
$68
SR25 (Administration Charge for Field Cancellations and Permit Changes (Per Cancellation/Permit Change NA
For Tournaments, an hourly Facility Attendant fee in addition to the rental fees will be charged. Please refer to the Sports Fields Use Policy for more information.
$78
$124
$195
$234
$259
$310
$26
$28
$35
$43
$57
$68
$25
Tennis Courts
TR1
TR2
TR3
TR4
TR5
TR6
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
CR1 Groups 1 and 2
CR2 Group 3
CR3 Group 4 Residents
CR4 Group 4 Non -Residents
CRS Group 5 Residents
CR6 Group 5 Non -Residents
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
* Local Fees and Charges not subject to annual adjustment base on Consumer Price Index (CPI).
** Fees and Charges established by seperate ordinance, State Law, or another agency and not subject to CPI adjustment.
$5
$7
$10
$12
$16
$19
$5
57
$10
$12
$16
$19
$16 $16
$16 $16
$19 $19
$23 $23
$23 $23
$23 $23
124
Attachment 3
CITY OF DUBLIN MASTER FEE SCHEDULE, FY 2022-23
Adjusted by CPI change, Dec 2021 - Dec 2022 (+4.63%)
Item / Service
•
Description / Unit
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
Section 1.0: General & Administrative
130
Electric Vehicle Charging Station Fee
Per kilowatt Hour fee (kWh) to help recover the cost of electricity to the City
$0.32
$0.32 cents per kWh while plugged
in to City -owned EV charging
stations
$0.33
$0.33 cents per kWh plus EVCS
service surcharge while plugged in
to City -owned EV charging stations
Section 1.1: inance Business License
Per Senate Bill 234, the City cannot impose a business license fee for small or large family daycare
162
Annual Business Registration (License) Dublin Municipal Code Chapter
4.04.250(A)
164 New Business Registration (License)
Itinerant Business Registration (License) Dublin Municipal Code Chapter
4.04.250
Temporary Business Registration (License) Dublin Municipal Code
Chapter 4.04.250
Master Business Registration (License) Dublin Municipal Code Chapter
4.04.250
165
166
167
168 Business License Transfer Dublin Municipal Code Chapter 4.04.280
169 Duplicate Business License Dublin Municipal Code Chapter 4.04.290
170 Delinquent Business License Processing Fee
171 Contract Retention Escrow Fee
(Info Only - Established by City Ord/Code) Annual Business License / per
business
Registration fee
(Info Only - Established by City Ord/Code) Daily to a maximum of 5 days /
per day
(Info Only - Established by City Ord/Code) Temporary places of sale / daily
(Info Only- Established by City Ord/Code) Master license for organizer/ per
permitted event
(Info Only - Established by City Ord/Code) Transfer is substantially similar to
the ownership existing before the transfer/ per transfer
(Info Only - Established by City Ord/Code) Replace any license previously
issued license
Contractors may elect to have retention amounts paid to a third party
escrow / per payment
$28.65
$102.00
$46.00
$49.28
$42.41
$67.62
$25.21
$28.65
$69.91
$28.00
$102.00
$46.00/day - Max.
$230 per year
$46.00/day
$42.00
$67.00
$25.00
22.00*
$69.00
$29.98
$106.73
$48.13
$51.56
$44.37
$70.75
$26.38
$29.98
$73.15
$29.00
$106.00
$48.00/day - Max.
$240 per year
$48.00/day
$44.00
$70.00
$26.00
$29.00
$73.00
Section 1.2: Administrative Fees - Impact Fee Credit Agreement Administration
408 Impact Fee Credit Statement
1409 Original/Transfer agreement to establish a Park Land/Affordable Unit
Impact Fee Credit
Original/Transfer agreement to establish a Traffic Impact or Park
Improvement Impact Fee Credit
411 Original/Transfer agreement to establish a Fire Impact Fee Credit
412 Impact Fee Credit Application Processing Fee
413 Impact Fee Credit Invoice Change Fee
1410
Per statement - Developers who request statements for credit balance
Flat fee
Flat fee
Flat fee
Per invoice
Flat fee
$131.80
$327.79
$327.79
$327.79
$148.99
$185.67
$131.00
$327.00
$327.00
$327.00
$148.00
$185.00
$137.90
$342.96
$342.96
$342.96
$155.89
$194.26
$137.00
$342.00
$342.00
$342.00
$155.00
$194.00
Section 2.0: Police Services- General (Fingerprints / Records / Vehicles/ Development)
201 Livescan (Fingerprints)
202 Fingerprint Card
205 Records subpoena: photos saved to CD
206 Visa Letter
208 Fix -It Ticket Sign -Off
210 Towed / Stored Vehicle Release
Fingerprinting / per application - Outside Agency /D01 Fees charged
separately
Card / non -electronic prints - Outside Agency/DOJ Fees charged separately
Duplication of photo records / per CD
Preparation of a Visa letter requested for foreign travel / per letter
Sign -off on ticket not issued by Dublin Police Services / per citation
Provide release documentation for towed and/or stored vehicle / per
vehicle
$33.24
$50.43
$76.79
$74.50
$46.99
$122.63
$33.00
$50.00
$76.00
$74.00
$10.00
$100.00
$34.78
$52.76
$80.34
$77.95
$49.17
$128.31
$34.00
$52.00
$80.00
$77.00
$10.00
$100.00
Section 2.1: Police Services- Permits
220
1221
Alcohol Beverage Control (ABC) - One Day Permit
Bingo Permit (Dublin Municipal Code Chapter 5.44)
Issuance of documents required for an application to ABC / per application
(Police Chief may waive for Dublin -based non-profit)
Annual license issuance per the Municipal Code / per application
$90.54
$130.66
$90.00
$130.00
$94.73
$136.70
$94.00
$136.00
125
Attachment 3
Item / Service
222 Dance Permit (Dublin Municipal Code Chapter 5.52)
223 Fortune Teller Permit (Dublin Municipal Code Chapter 4.08)
224 Gun Dealer Permit
225 Massage Establishment - Initial (Dublin Municipal Code Chapter 4.20)
226 Massage Establishment -Yearly (Dublin Municipal Code Chapter4.20)
228 Parade Permit (Dublin Municipal Code Chapter 5.12)
229 Peddler Permit (Dublin Municipal Code Chapter4.16)
230 Secondhand Dealer Permit (Dublin Municipal Code Chapter 4.12)
Taxi Company (Owner) Permit - Initial (Dublin Municipal Code Chapter
6.76)
232 Taxi Company (Owner) Permit - Renewal (Dublin Municipal Code Chapter Annual permit after initial Taxi Company ownerpermit
6.76) P y (owner) / per permit
Taxi Driver (Operator) Annual Permit -(Dublin Municipal Code Chapter
233 6.76) Annual permit Taxi Driver(operator) permit / per permit
234 Tobacco Retailer License (Dublin Municipal Code Chapter 4.40)
231
Description / Unit
Processing of a dance permit per the municipal code / per permit
Processing of a fortune teller permit per the municipal code / per permit
Processing of a Gun Dealer permit / per permit
Processing of a massage establishment permit per the municipal code / per
location
Annual permit after initial massage establishment permit / per permit
Processing of a parade permit per the municipal code / per event (permit
only - service charges per 5.12.100 additional)
Processing of a peddler permit per the municipal code / per application
Processing of a secondhand dealer permit per the municipal code / per
permit
Processing of a taxi company (owner) permit per the municipal code / per
initial permit
Annual license issuance per the Municipal Code / per license
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
$130.66
$130.66
$261.31
$443.54
$283.09
$242.97
$261.31
$261.31
$261.31
$261.31
$261.31
$328.93
$130.00
$130.00
$261.00
$443.00
$283.00
$242.00
$261.00
$261.00
$261.00
$261.00
$261.00
$328.00
$136.70
$136.70
$273.41
$464.07
$296.19
$254.22
$273.41
$273.41
$273.41
$273.41
$273.41
$344.16
$136.00
$136.00
$273.00
$464.00
$296.00
$254.00
$273.00
$273.00
$273.00
$273.00
$273.00
$344.00
Section 2.2: Police Services- Hourly Rates
�PS1
�PS2
IPS3
Sheriffs Technician
Sheriffs Deputy
Sheriffs Sergeant
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
Section 4.1: Fire Prevention Services Plan Review & Inspection
The fees for all plan review and inspection, fire alarm systems, fixed fire systems, and automatic fire sprinkler systems include one inspection and one re -
inspection for each inspection type (e.g. weld, hydro, rough, pre -pour, functional, final, etc.). If a permit applicant elects to split inspections into small pieces
such as by floor or by system; additional inspection fees will be due based upon the hourly rate.
$105.44
$210.88
$242.97
$105.00
$210.00
$242.00
$110.32
$220.65
$254.22
$110.00
$220.00
$254.00
Plan Review & Inspection
240 New Construction up to 5000 sq. ft.
241 New Construction 5000 sq. ft. to 45,000 sq. ft.
242 New Construction >45,000 sq. ft.
243 Tenant Improvement up to 5000 sq. ft.
244 Tenant Improvement 5000 sq. ft. to 45,000 sq. ft.
245 Tenant Improvement >45,000 sq. ft.
246 Custom Single -Family Residence ***
247 Processing, Review, Inspection & Approval of Licensed Care Facilities
Per application
Per application
Per application
Per application
Per application
Per application
Per application
Per application
$640.67
$1,379.91
$1,801.68
$429.79
$535.23
$640.67
$324.35
$389.68
$640.00
$1,379.00
$1,801.00
$429.00
$535.00
$640.00
$324.00
$389.00
$670.33
$1,443.79
$1,885.08
$449.68
$560.01
$670.33
$339.36
$407.71
$670.00
$1,443.00
$1,885.00
$449.00
$560.00
$670.00
$339.00
$407.00
248 Review and Approval of Improvement plans and/or maps Per application $263.60 $263.00 $275.81 $275.00
Fire Alarm Systems - (New or Tenant Improvements)
250
Fire Alarm System < 50 devices
Per application
$640.67
$640.00
$670.33
$670.00
251
Fire Alarm System > 50 devices
Per application
$1,169.03
$1,169.00
$1,223.14
$1,223.00
252
High-rise System
Per building
$1,907.12
$1,907.00
$1,995.40
$1,995.00
Fixed Fire Protection Systems
260
Medical Gas System
Per system
$640.67
$640.00
$670.33
$670.00
261
Hood Duct System
Per system
$640.67
$640.00
$670.33
$670.00
1262
Ha Ion or Clean Agent
Per system
$746.11
$746.00
$780.65
$780.00
263
Spray Booth per booth
Per system
$535.23
$535.00
$560.01
$560.00
Automatic Fire Sprinkler Systems, Commercial- (New or Tenant Improvements)
270
System < 20 heads
Base fee Der system
5535.23
5535.00
S560.01
5560.00
271
System > 20 heads
Base fee per system
$1,063.59
$1,063.00
$1,112.82
$1,112.00
272
Plus amount Der head in excess of 100 heads
Per head
S6.88
S6.00
S7.19
S7.00
273
Underground Water Supply
Per system /tap
$1,063.59
$1,063.00
$1,112.82
$1,112.00
Automatic Fire Sprinkler Systems, Residential- (New and Alterations)
275
NFPA 13 D master plan check and inspection
Per system
$851.56
$851.00
$890.97
$890.00
276
Additional permits for already approved master plan
Per application
$640.67
$640.00
$670.33
$670.00
126
Attachment 3
Item / Service
Description / Unit
277
278
279
NFPA 13R system (per unit, per building)
NFPA 13 System
Underground Water Supply
Per unit up to 50 units.
Per unit up to 50 units /Per System
Per system / tap
FY 2022-23
Fees Prior to rounding down
$851.56
$1,169.03
$1,169.03
Fee Effective
7/1/22
$851.00
$1,169.00
$1,169.00
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income unit for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
Section 4.2: Fire Prevention Services Regulated Activities
300 Annual Permits - Group 1
301 Annual Permits - Group 2
1302 Annual Permits - Group 3
303 Annual Permits- Group 4
1304
1305
1306
Annual Permits - Group 5
Annual Permits - Group 6
Annual Permits - Group 7
Annual Notice of Inspection (Self Inspection)
Annual noticc of inspection (Waived if business is subject to Annual
Regulated Activity Permit)
Section 4.3: Fire Works Displays & Sales
Fire Works Displays
350 Display Aerial Base Fee
351 Additional amount per shell group 60 shells
352 Additional amount per shell group 61-120 shells
353 Additional amount per shell group 121-181 shells
354 Additional amount per shell group 181-240 shells
355 Additional amount per shell group > 241 shells
Fire Works Sales
356
357
Fireworks Stand Application Dublin Municipal Code Chapter 5.24.070(B)
Fireworks Stand Inspection
FR1
1 FR2
Deputy Fire Marshall
Fire Code Compliance Officer
Aerosol, Open Flames & Candles, Fire Hydrants and Valves, Open Burning,
Open Flames and Torches
Carbon Dioxide Systems, Cellulose Nitrate Film, Combustible Fiber Storage,
Compressed Gases, Cryogenics, Dry Cleaning Plants, Combustible Dust
Producing Operations, Floor Finishing, Fruit & Crop Ripening, Fumigation,
Repair Garages, HPM Facilities, Hot Work Operations, LP Gas, Liquid or Gas
Fueled Equipment in assembly buildings, Lumberyards, Motor Fuel
Dispensing Facilities, Rooftop Heliports, Wood Products, Magnesium, Misc.
Combustible Storage, Organic Coatings, Industrial Ovens, Cutting and
Welding, Storage of Scrap Tires
Temporary Membrane Structures and Tents >400 sq. ft.
Aviation Facilities, Amusement Buildings, Carnivals & Fairs, Exhibits & Trade
Shows, Explosives, Flammable or Combustible Liquids, Hazardous Materials,
High Piled Storage, Places of Assembly, Pyrotechnical Special Effects
Material, Pyroxylin Plastics, Refrigeration Equipment, Spraying & Dipping
Operations, Production Facilities, Live Audiences
Tire Rebuilding Plants
Waste Handling
Covered and Open Mall Buildings
Collected as
Dublin Municipal Codc Chapter 1.01.2C0 / per y ar
Per event
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
If applicable added to base fee
(Info Only - Established by City Ord/Code) Processing and administration of
fireworks stands
Cost to inspect sales locations
Hourly rate for special services not otherwise defined / per hour
Hourly rate for special services not otherwise defined / per hour
Section 5.1: Housing Services Program Fees
501 Below Market Ownership Units - Transaction Fee
502 Secondary Below Market Rate Unit -Transaction Fee
Administration of the "For Sale" Inclusionary units / per unit per change in
ownership - Including Initial
Administration of the 'Second Units" designated to meet Affordable
Program requirements / per unit per change in ownership - including Initial
$111.17 $111.00
$168.48
$168.00
$225.78 $225.00
$283.09 $283.00
$398.84
$513.46
$743.82
$343.83
$147.85
$263.60
$263.60
$263.60
$378.21
$152.43
$210.88
210.88
$115.76
$2,922.57
$1,633.20
$398.00
$513.00
$743.00
$38.00
$343.00
$147.00
$263.00
$263.00
$263.00
$378.00
$152.00
$210.00
$210.00
$115.00
FY 2023-24
Fees Prior rounding down
$890.97
$1,223.14
$1,223.14
$116.32
$176.28
$236.23
$296.19
$417.31
$537.22
$778.25
$11.97
$359.75
$154.69
$275.81
$275.81
$275.81
$395.72
$159.49
$220.65
$220.65
Fee Effective
7/1/23
$890.00
$1,223.00
$1,223.00
$116.00
$176.00
$236.00
$296.00
$417.00
$537.00
$778.00
No Fee
$359.00
$154.00
$275.00
$275.00
$275.00
$395.00
$159.00
$220.00
$220.00
$121.00
$2,922.00
$1,633.00
$3,057.85
$1,708.80
$3,057.00
$1,708.00
127
Attachment 3
Item / Service
Description / Unit
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
504
505
506
507
508
Annual Below Market Rate Rental Monitoring Fee - 20 units or less
Annual Below Market Rate Rental Monitoring Fee - 21 to 100 units
Annual Below Market Rate Rental Monitoring Fee - 101 + units
Annual Below Market Rate Rental Monitoring - Follow Up Compliance
Fee
Below Market Rate Unit - Refinance Administrative Fee
509 Secondary Below Market Rate Unit - Refinance Administrative Fee
1510 First time home loan program -administrative fee
Rental developments with Inclusionary units / per development with
restricted rent
Rental developments with Inclusionary units / per development with
restricted rent
Rental developments with Inclusionary units / per development with
restricted rent
First follow up (base fee); additional follow up audits T&M
Administrative cost for document preparation and research when an
inclusionary unit requires City approval / per request
Administrative cost for document preparation and research when a
secondary inclusionary unit requires City approval / per request
Administrative charge for review and approval of first time home buyer loan
/ per loan approved
$1,365.01
$2,218.86
$3,195.34
$488.24
$1,089.95
$615.46
$2,062.99
$1,365.00
$2,218.00
$3,195.00
First Follow up $488.00
Additional -T&M
$1,089.00
$615.00
$2,062.00
$1,428.20
$2,321.57
$3,343.25
$510.84
$1,140.40
$643.95
$2,158.48
$1,428.00
$2,321.00
$3,343.00
First Follow up $510.00
Additional -T&M
$1,140.00
$643.00
$2,158.00
Section 6.1: Plannin
Division
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
550
1551
1552
553
554
555
556
559
Use Permits (TUP/CUP)
Minor Use Permit
Minor Use Permit - Minor Amendment
Minor Use Permit - Major Amendment
Non -Residential Conditional Use Permit (CUP) / (Approval considered by
Planning Commission)
Non -Residential Conditional Use Permit (CUP) / (Can be approved by
Zoning Administrator)
Residential Conditional Use Permit (CUP) / (Approval considered by
Planning Commission)
Residential Conditional Use Permit (CUP) / (Can be approved by Zoning
Administrator)
Conditional Use Permit - Minor Amendment (Administrative
Determination)
560 Conditional Use Permit -Time Extension (Administrative Determination)
Conditional Use Permit -Time Extension (Planning Commission
Determination)
562 Temporary Use Permit - Minor
561
Per application
Per application
Per application
Per application
Per application
Per application
Per application
Per request
Per request
Per request
Per application
$1,146.10
$286.53
$1,146.10
$1,719.16
$1,719.16
$2,865.26
$2,865.26
$573.05
$401.14
$1,719.16
$286.53
$1,146.00
$286.00
$1,146.00
$1,719.00
$1,719.00
$2,865.00
$2,865.00
$573.00
$401.00
$1,719.00
$286.00
$1,199.16
$299.79
$1,199.16
$1,798.74
$1,798.74
$2,997.90
$2,997.90
$599.58
$419.71
$1,798.74
$299.79
$1,199.00
$299.00
$1,199.00
$1,798.00
$1,798.00
$2,997.00
$2,997.00
$599.00
$419.00
$1,798.00
$299.00
563 Temporary Use Permit - Major Per application T&M T&M j
Zoning Clearance -General
571
Banner / Balloon/Searchlight
Per sign / balloon
$114.61
$114.00
$119.92
$119.00
572
Indoor recreational Facilities/Day Care Center/Scarlett Court
Per application
$573.05
$573.00
$599.58
$599.00
574
Zoning Clearance -General
Per application
$85.96
$85.00
$89.94
$89.00
Variance
592
593
595
596
Site Development Review (SDR)
Site Development Review -Single Sign (Master Sign Program is handled
as a Site Development Review -General)
Site Development Review Waiver
Site Development Review -Time Extension (Administrative
Determination)
Site Development Review -Time Extension (Planning Commission
Determination)
PLANNED DEVELOPMENT (PD) PROCESSING
Per Sign
Per request
Per request
Per request
$372.48
$401.14
$257.87
$1,289.37
$372.00
$401.00
$257.00
$1,289.00
$389.73
$419.71
$269.81
$1,349.05
$389.00
$419.00
$269.00
$1,349.00
601 Planned Development Minor Amendment -(Administrative
Determination)
Per application
$586.81
$586.00
$613.97
$613.00
Section 6.2: Other Planning Fees
Other Charges
128
Attachment 3
p
Item / Service Description / Unit
611 Appeal of Action by member of public (non -applicant)
1612 Estoppel Certificate - Development Agreement
1613 Heritage Tree Removal Permit
1614 Preparation of Mailing Address Labels (Noticing Requirements)
1621 Building division permit referral ***
Per appeal
Per certificate prepared when requested by entity not a party to the
Development Agreement
Per tree
Per set of labels
Per application
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
$229.22 $229.00 $239.83 $239.00
$267.04 $267.00 $279.40 $279.00
$286.53
$74.50
$155.87
$286.00
$74.00
$155.00
In order to incentrvize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
$299.79
$77.95
$163.09
$299.00
$77.00
$163.00
Section 6.3: Planning Composite Hourly Rates & Overhead
PL1 Composite City Planning Staff Hourly Rate (Includes Overhead) Per Hour for T&M activities $316.32 $316.00 $330.97 $330.00
Section 7.1: Building and Safety Division - Building Permits (Total Valuation)
Building Permits which are not established as fixed fee shall be determined using the total valuation. In this case the fee due is based on: Occupancy and
Construction Type; estimated cost of services and the Building, Residential, Mechanical, Plumbing, Electrical, Cal Green and Energy codes as adopted by the City
Council including any amendments.
Calculation of the Building Permit fee to be collected shall be in accordance with the Table below. The determination of the valuation and annual adjustments
to the valuation shall be made by the Building Official as authorized in Dublin Municipal Code section 7.28.430(E).
Fees 708, 710, 712, 714, 722 are calculated using cost per $1000 of the preceding Fee.
Building Permits Based on Valuation Formula / $ Valuation ***
700 $0-$500 Per calculated valuation
701 $501-$1,000 Per calculated valuation
702 $1,001-$2,000 Per calculated valuation
703 $2,001-$3,000 Per calculated valuation
704 $3,001-$4,000 Per calculated valuation
705 $4,001-$5,000 Per calculated valuation
706 $5,001-$10,000 (first $5000) Per calculated valuation
707 $5,001-$10,000 (each additional $1000 or fraction thereof) Per calculated valuation
708 $10,001-$50,000 (first $10,000) Per calculated valuation
709 $10,001-$50,000(each additional $1000 or fraction thereof) Per calculated valuation
710 $50,001-$100,000 (first $50,000) Per calculated valuation
1711 $50,001-$100,001 (each additional $1000 or fraction thereof) Per calculated valuation
1712 $100,001-$500,000 (first $100,000) Per calculated valuation
1713 $100,001-$500,000 (each additional $1000 or fraction thereof) Per calculated valuation
1714 $500,001 and up (first $500,000) Per calculated valuation
1715 $500,001 and up (each additional $1000 or fraction thereof) Per calculated valuation
$98.57
$115.76
$177.65
$242.97
$276.21
$335.81
$335.81
$58.45
$593.00
$32.09
$1,793.00
$30.94
$3,243.00
$25.21
$12,443.00
$13.75
$50.00
$115.00
$177.00
$242.00
$276.00
$335.00
$335.00
$58.00
$625.00
$32.00
$1,905.00
$30.00
$3,405.00
$25.00
$13,405.00
$13.00
In order to incentrvize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
Section 7.2: Building and Safety Division - Master Plan Check / Green Building
$103.13
$121.11
$185.87
$254.22
$289.00
$351.35
$351.35
$61.16
$593.00
$33.58
$1,793.00
$32.38
$3,243.00
$26.38
$12,443.00
$14.39
$50.00
$121.00
$185.00
$254.00
$289.00
$351.00
$351.00
$61.00
$656.00
$33.00
$1,976.00
$32.00
$3,576.00
$26.00
$13,976.00
$14.00
Building Permits Based on Valuation Formula /$ Valuation
Single Family detached tract housing (when using a Master Plan Check)
•
720
721
722
1723
$100,001-$500,000 (first $100,000)
$100,001-$500,001 (each additional $1000 or fraction thereof)
$500,001 and up (first $500,000)
$500,001 and up (each additional $1000 or fraction thereof)
Per calculated valuation
Per calculated valuation
Per calculated valuation
Per calculated valuation
$2,664.69
$12.61
$6,925.00
$4.58
$2,664.00
$12.00
$7,464.00
$4.00
$2,788.04 $2,788.00
$13.19 $13.00
$6,925.00 $7,988.00
$4.80 $4.00
129
Attachment 3
Item / Service
Description / Unit
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
Building Permit State Surcharges
Section 7.3: Building and Safety Division - Residential Flat Fees
1
The provisions for residential flat fees may be applied when the specific work involved is for a single dwelling unit and /or appurtenant accessory structures
where there is no other work except the item listed herein. "Service Explanations" follow the Table.
Residential Building Permits- Flat Fees
730 Bathroom Remodel or Repair
731 Electrical Appliances
732 Electrical Circuits (first)
733 Electrical Circuits (each additional)
734 Electrical Panels (first)
735 Electrical Panels (each additional)
736 Fireplace Insert
737 Garbage Disposal
738 Gas Piping System
739 Hot Tub / Spa Portable
740 HVAC System
741 Kitchen Remodel or Repair (w/o structural modifications)
742 Lawn Sprinkler System
743 Motors
744 Plumbing Fixture
745 Roofing Replacement (Residential)
746 Shower / tub replacement only
747 Solar System - Residential Rooftop Photovoltaic (Up to 15Kw) as defined
by Government Code 66015
750 Solar Pool Heating System
751 Solar Water Heaters
752 Ventilation Fan
753 Water Heater
754 Water Piping System
755 Window Replacements (first 5 windows)
756 Window Replacements (each additional window)
Per bathroom
Per Appliance - Installation of electrical appliances per "Service Explanation"
#1
First or single circuit per "Service Explanation" #2
Fee for each additional circuit per "Service Explanation" #2
First or single panel per "Service Explanation" #3
Fee for each additional panel per "Service Explanation" #3
Per single installation / per "Service Explanation" #4 and #5
Per single installation / per "Service Explanation" #1
Per single installation / per "Service Explanation" #6
Per single installation "Service Explanation" #7
Per system / "Service Explanation" #8
Per permit, limited to one kitchen
Per system for any lawn sprinkler or irrigation system
Per "Service Explanation" #9
Per "Service Explanation" #1 and #2
For re -roofing a single family dwelling
Per unit
Per permit
Per system (when not included with original pool permit)
Per application
Per "Service Explanation" #10
Per "Service Explanation" #8
Per single installation / per "Service Explanation" #6
Per application containing 1-5 windows
Additional per window charge added to base 1-5 window charge on same
application
SERVICE EXPLANATIONS FOR RESIDENTIAL FLAT FEES
$428.64
$119.19
$119.19
$20.63
$176.50
$55.01
$223.49
$97.42
$218.91
$218.91
$232.66
$723.19
$111.17
$232.66
$106.59
$247.56
$176.50
$283.09
$341.54
$291.11
$92.83
$106.59
$218.91
$212.03
$11.46
$428.00
$119.00
$119.00
$20.00
$176.00
$55.00
$223.00
$97.00
$218.00
$218.00
$232.00
$723.00
$111.00
$232.00
$106.00
$247.00
$176.00
$450.00**
$341.00
$291.00
$92.00
$106.00
$218.00
$212.00
$11.00
$448.49
$124.71
$124.71
$21.58
$184.67
$57.56
$233.84
$101.93
$229.04
$229.04
$243.43
$756.67
$116.32
$243.43
$111.52
$259.02
$184.67
$296.19
$357.35
$304.59
$97.13
$111.52
$229.04
$221.84
$11.99
$448.00
$124.00
$124.00
$21.00
$184.00
$57.00
$233.00
$101.00
$229.00
$229.00
$243.00
$756.00
$116.00
$243.00
$111.00
$259.00
$184.00
$450.00**
$357.00
$304.00
$97.00
$111.00
$229.00
$221.00
$11.00
1 For installation, relocation, or replacement of any electrical appliance which requires plumbing installation such as garbage disposal, dishwasher, etc.,
(includes all necessary circuits, outlets, switches, receptacles, fixtures, water piping, and waste and vent piping).
2 For installation, alteration or replacement of an electrical circuit (includes all necessary outlets, switches, receptacles, and lighting fixtures).
3 For installation, relocation or replacement of temporary power poles, power pedestals, subpanels or service upgrades (includes all necessary circuits,
4 For the installation, relocation or replacement of each vent or factory -built chimney.
5 For the installation of a solid burning fuel appliance (includes all necessary electrical circuits, outlets, fixtures, switches, receptacles factory -built
6 For each installation or alteration of each water piping system, gas piping system, or refrigerant piping system or portion thereof where fixtures or
7 For the installation, relocation or replacement of any spa / hot tub; includes all necessary outlets, receptacles, gas piping (only for spas supported on a
slab. See Valuation Table for spas located on decking).
8 For the installation, relocation or replacement of each heating, cooling or refrigeration appliance (includes all necessary electrical circuits, outlets,
fixtures, switches, receptacles, gas piping vents, water piping and duct work). OR (a) For the installation, relocation or replacement of each gas fired
water heater (includes all necessary water and gas piping and vents). OR (b) For the installation relocation or replacement of each electrical water
9 For installation, relocation or replacement of any motor (not an integral part of an integral part of an electrical appliance, fan, heating appliance,
cooling appliance), generator, heater, electrical furnace, welding machine, transformer, and rectified (includes all necessary circuits, outlets, fixtures,
10 For installation, relocation or replacement of ventilation fans connected to a single duct or outlets, switches, receptacles, fixtures and duct work).
Section 7.4: Building and Safety Division - Non -Residential Flat Fees
Non -Residential Building Permits - Flat Fees
766
767
768
769
Replacement in - kind Heating and or Air conditioning units
Water heaters - standard
Reroof Base (Initial square)
Reroof-Additional beyond base
Per unit - "Service Explanation" #8
Per water heater - "Service Explanation" #8
Per initial square (loft X loft) area
Each additional square (10ft x 10ft) area or fraction thereof
$712.88
$176.50
$137.53
$13.75
$712.00
$176.00
$137.00
$13.00
$745.88
$184.67
$143.90
$14.39
$745.00
$184.00
$143.00
$14.00
Section 7.5: Building and Safety Division - Construction Debris & Demolition
130
Attachment 3
Item / Service
1771 Residential per C&D phase/bond required
1772 Residential non -bonded project ****
1774 Commercial - bonded
1775 Commercial - non -bond
AMDescription / Unit
Per Phase
Per application
Per application
Per application
FY 2022-23
Fnae Prinr In rmrnrlino Hnwn
Fee Effective
7/1/77
FY 2023-24
Fnne Prinr S roundingw don
$458.08
$253.02
$458.08
$253.02
Fee Effective
7/1/72
$437.81
$241.83
$437.81
$241.83
$437.00
$241.00
$437.00
$241.00
In order to incentrvize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
$458.00
$253.00
$458.00
$253.00
Section 7.6: Building & Safety- Composite Hourly Rates & Overhead
B51
Composite City Building & Safety Staff Hourly Rate (Includes Overhead)
Per hour for T&M activities
$244.12
$244.00
$255.42
$255.00
Section 7.7: Building and Safety Division - Other Fees
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
1781 Certified Accessibility Specialist (CASp)- Meeting Initial meeting and review; all other work is T&M $1,461.28 $1,461.00 $1,528.93 $1,528.00
1782 Code compliance survey Initial 100 sq. ft. $723.19 $723.00 $756.67 $756.00
1783 Code compliance survey Each additional 100 sq. ft. or fraction thereof $26.36 $26.00 $27.58 $27.00
1786
Plan storage fee Applies to plans required to be prepared by a professional engineer or $11.46 $11.00 $11.99 $11.00
architect
1787 Re -inspection fee. Per each re -inspection; on Multi -Family, fee is calculated per unit $202.86 $202.00 $212.25 $212.00
Service requested outside of regular working hours / business days (4
1789 hour min) Per hour with a four hour minimum $276.21 $276.00 $289.00 $289.00
1791 Address Requests (single address) *** Per Request $129.51 $129.00 $135.50 $135.00
1792 Address Requests (subdivision/multiple) Time & Material T&M T&M
Per refund $76.79 $76.00 $80.34 $80.00
1793
1794
Issue permit refund
Temporary Certificate of Occupancy
Per Application
$198.28 $198.00 $207.45 $207.00
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
Section 8.1: Engineerin: / Works -Other Fees
For all activities noted as Time and Materials (T&M), the cost shall be determined using composite City Staff rates and designated overhead factors. Overhead
shall also be applicable to any work contracted by the City. An initial deposit shall be made by the applicant as determined by City Staff based on the scope and
complexity of the project. Additional deposits shall be collected as necessary during processing. Any applicant funds remaining after completion of the project
shall be refunded to the applicant.
802 Research Fee Per 1/2 Hour
807 Permit processing fee Includes cost of processing grading or encroachment permit or misc. permit
808 Trenching / Road Cuts - Base transverse and longitudinal trenches, road Base Permit cost up to 100 sq. ft.
cuts, 1-100 sq. ft.
809 Trenching / Road Cuts - Over 100 SF transverse and longitudinal Additional permit cost per additional square foot in excess of 100 sq. ft.
trenches, road cuts, >100 sq. ft.
810 Construction concrete sidewalk, curb, and gutter 1- 50 sq. ft Base Permit cost up to 50 sq. ft.
811 Construction concrete sidewalk, curb, and gutter greater than 50 sq. ft Additional permit cost per additional linear foot in excess of 50 sq. ft.
812 Constructing concrete driveways: residential Per Driveway- Residential
813 Constructing concrete driveways: commercial Per Driveway -Commercial
814 Constructing drain inlets, manholes, and connections to same Connection of inlet
$167.33
$148.99
$534.08
$2.29
$668.18
$2.29
$801.13
$1,335.21
$1,068.17
$167.00
$148.00
$534.00
$2.00
$668.00
$2.00
$801.00
$1,335.00
$1,068.00
$175.08
$155.89
$558.81
$2.40
$699.11
$2.40
$838.21
$1,397.02
$1,117.62
$175.00
$155.00
$558.00
$2.00
$699.00
$2.00
$838.00
$1,397.00
$1,117.00
131
Attachment 3
Item / Service
Description / Unit
815 Encroachment Permit Resurfacing Surcharge - 100 sq. ft. or less
820 Filming/Photography Within Public Right of Way - Professional Fee
822 Building division permit referral - residential ***
823 Building division permit referral - non residential
826 ADA site compliance review
827 Newsrack Permit
830 Amended map orjertifcate of correction
833 Investigation fee/work without a permit (encroachment)
834 Traffic control plan review (encroachment)
836 Warranty inspection and project closeout (subdivision)
Condition of approval compliance review or single parcel review (no
improvement plans)
837
Per each permit where roadway asphalt is cut impacting 100 sq. ft. or less of
roadway
Per Application
Per application
Per Application
Per application
Per application / single space in City -owned newsrack
Fixed Fee
Hourly Rate - 1 hr. minimum. Over 1 hour (Time & Materials)
Fixed Fee
Fixed Fee
FY 2022-23 Fee Effective
Fees Prior to rounding down 7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
$114.61
$789.67
$650.99
$977.63
$977.63
$401.14
$662.45
$267.04
$391.97
$977.63
Hourly Rate - 1 hr. minimum. Over 1 hour (Time & Materials) $334.66
$114.00
$789.00
$650.00
$977.00
$977.00
$401.00
$662.00
Base $267.00
$391.00
$977.00
Base: $334.00
Over 1 Hour T&M
In order to incentivize accessory dwelling units (ADUs): 1) an ADU less than 750 square feet; and 2) ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years are not subject to these City permit fees, effective for
building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code, the scope of work beyond the establishment of the ADU, and/or
enforcement fees are not eligible for this fee waiver.
Waived for ADUs less than 750 square feet and ADUs 750 square feet or larger that are deed -restricted as lower -income units for a period of 55 years, if a homeowner/contractor agrees to use AVI for handling construction and demolition debris, rather than
self -haulers, effective for building permits applied for between January 1, 2022, and December 31, 2026. ADUs required to satisfy Chapter 8.68 (Inclusionary Zoning Regulations) of the Dublin Municipal Code and the scope of work beyond the establishment of
the ADU are not eligible for this fee waiver.
$119.92
$826.22
$681.12
$1,022.88
$1,022.88
$419.71
$693.11
$279.40
$410.11
$1,022.88
$350.15
$119.00
$826.00
$681.00
$1,022.00
$1,022.00
$419.00
$693.00
Base $279.00
$410.00
$1,022.00
Base: $350.00
Over 1 Hour T&M
Section 8.2(A): Conditions: -Cash Bond Required For Encroachment Permit
- Conditions For Release: Bonds shall be released six months after the work has been accepted by the City, provided there are no defects in the work.
-Annual Bonds: A minimum annual cash deposit of $5,000.00 may be posted in lieu of a cash or a surety bond for each permit. The City may require additional
bonds or cash deposits
Section
EN1
EN2
8.3: Engineering- Composite Hourly Rates & Overhead
Composite City Engineering Staff (Excludes Inspectors) Hourly Rate
(Includes Overhead)
Composite City Public Works / Engineering Inspectors Rate (Includes
Overhead)
Per hour for T&M activities
Per hour for T&M activities
$334.66
$267.04
$334.00
$267.00
$350.15
$279.40
$350.00
$279.00
Section 8.4: Environmental Pro: rams- Fees
870 Building division permit referral Flat Fee $520.33 $520.00 $544.42 $544.00
871 Stormwater Treatment Measure Inspection
872 Storm Drain Medallion
873 Stormwater Facility Inspections: Restaurant/Commercial
874 Trash Capture/Enclosure Inspection
Review of Annual Maintenance Reports of privately maintained post -
construction
876 Initial Annual Self Haul Permit
877 Annual Self Haul Permit Renewal
875
Per Hour
Each Medallion
Flat Fee
Flat Fee
Flat Fee
Annual Permit
Annual Permit
$267.04
$11.46
$437.81
$222.34
$247.56
$645.65
$385.88
$267.00
$11.00
$437.00
$222.00
$247.00
$645.00
$385.00
$279.40
$11.99
$458.08
$232.64
$259.02
$675.54
$403.75
$279.00
$12.00
$458.00
$232.00
$259.00
$675.00
$403.00
Section 8.5: Environmental Programs- Composite Hourly Rates
ENV1
IENV2
IENV3
Environmental Coordinator
Environmental Technician
Office Assistant II
Per Hour
Per Hour
Per Hour
$225.78
$193.69
$134.09
$225.00
$193.00
$134.00
$236.23
$202.66
$140.30
$236.00
$202.00
$140.00
Section 10.1: Parks & Recreation Program Fees - Activity Fees**
All Parks & Recreation Program Fees are subject to 20% increase based on the Parks & Community Services Pricing Policy.
(1) Noted activities were added during the year at the Parks & Community Services Director's discretion, per Policy; or were new fees approved by the City
Council
Famil Programs
FP1 After School Recreation Resident
After School Recreation Non -Resident
After School Recreation Late Fee
Seasonal Half Day Camps Resident
Seasonal Half Day Camps Non -Resident
Seasonal Full Day Camps Resident
Seasonal Full Day Camps Non -Resident
Seasonal Full Day Camp with Waterpark Admission Resident
FP2
FP3
FP4
FP5
FP6
FP7
FP8
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Flat fee plus per minute
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
No Change
No Change
No Change
No Change
No Change
$794
$952
$10/Plus $1 per minute
$105
$126
$338
$405
$408
132
Attachment 3
•
Item / Service
Description / Unit
FP9
FP10
FP11
FP12
FP13
FP14
FP15
Seasonal Full Day Camp with Waterpark Admission Non -Resident
Camp Connector Lunch Hour Resident
Camp Connector Lunch Hour Non -Resident
Dublin L.E.A.D. Program Resident
Dublin L.E.A.D. Program Non -Resident
After School L.E.A.D. Resident
After School L.E.A.D. Non -Resident
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Weekly
Individual Fee/Summer Session
Individual Fee/Summer Session
Individual Fee/Per Session
Individual Fee/Per Session
FY 2022-23
Fee Effective
FY 2023-24
Fees Prior to rounding down 7/1/22 Fees Prior to rounding down
No Change
No Change
Fee Effective
7/1/23
$490
$21
$25
$119
$143
$592
$710
Preschool Programs
1,171 Preschool - 3-Year Olds 2-days per week Resident
PP2 Preschool - 3-Year Olds 2-days per week Non -Resident
PP3
PP4
PP5
PP6
PP7
PP8
PP9
PP10
PP11
PP12
Preschool - 4-Year Olds 2-days per week Resident
Preschool - 4-Year Olds 2-days per week Non -Resident
Preschool - 3-Year Olds 3-days per week Resident
Preschool - 3-Year Olds 3-days per week Non -Resident
Preschool - 4-Year Olds 3-days per week Resident
Preschool - 4-Year Olds 3-days per week Non -Resident
Preschool - 4-Year Old Classes 4-days per week Resident
Preschool - 4-Year Old Classes 4-days per week Non -Resident
Camp Shamrock Preschool Half day Resident
Camp Shamrock Preschool Half day Non -Resident
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Per Session
Individual Fee/Weekly
Individual Fee/Weekly
No Change
No Change
No Change
No Change
No Change
No Change
$631
$743
$665
$784
$908
$1,075
$950
$1,127
$1,404
$1,671
$128
$154
Senior Center Programs
SC1
SC2
SC3
SC4
SC5
SC6
SC7
SC8
SC9
SC10
SC11
SC12
Activity Fee Resident
Activity Fee Non -Resident
Special Luncheons Resident
Special Luncheons Non -Resident
Dances Pre -Registration Resident
Dances Pre -Registration Non -Resident
Dances Day -Of Registration Resident
Dances Day -Of Registration Non -Resident
City Trips and Tours Resident
City Trips and Tours Non -Resident
Contracted Trips and Tours Resident
Contracted Trips and Tours Non -Resident
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee/Per trip
Individual Fee/Per trip
Individual Fee/Per trip
Individual Fee/Per trip
No Change
No Change
No Change
No Change
No Change
No Change
$3-$16
$4-$19
$10-$21
$13-$25
$10-$26
$13-$31
$16-$42
$19-$50
$16-$104
$19-$125
$26-$313
$31-$375
Sports Programs
SP1 Adult Basketball League Resident
SP2 Adult Basketball League Non -Resident
SP3 Adult Softball League Resident
SP4 Adult Softball League Non -Resident
SP5 Adult Sports League Late Fee
SP6 Youth Winter Junior Warriors Basketball League Resident
SP7 Youth Winter Junior Warriors Basketball League Non -Resident
SP8 Youth Summer Junior Warriors Basketball League Resident
SP9 Youth Summer Junior Warriors Basketball League Non -Resident
SP10 Youth Tee Ball League Resident
SP11 Youth Tee Ball League Non -Resident
Wave-Waterpark Admission Fees
WV1 Daily Pass/Children under 2 Admission fees Resident
WV2 Daily Pass/Children under 2 Admission fees Non -Resident
WV3 Daily Pass/Under40" Admission fees Resident
WV4 Daily Pass/Under40" Admission fees Non -Resident
WV5 Daily Pass/Over40" Admission fees Resident
WV6 Daily Pass/Over40" Admission fees Non -Resident
WV7 Daily Pass/Military Personnel, veterans, reservists, active (up to 3
WV8 Season Pass/Children under 2 Admission fees Resident only
WV9 Season Pass/Under 40"/Mon-Thu, no holidays, resident only
WV10 Season Pass/Over 40"/Mon-Thu, no holidays, resident only
WV11 Season Pass/Family/Mon-Thu, no holidays, resident only
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Team Fee/Per Season
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
Individual Fee
guests) Individual Fee
Individual Fee
Individual Fee
Individual Fee
Family Fee
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
No Change
$624 - $872
$748 - $1,046
$520-$728
$624-$874
$26
$191
$229
$132
$158
$125
$150
$3
$4
$14
$17
$16
$19
$10
$21
$78
$89
$281
133
Attachment 3
Item / Service
Description / Unit
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
Wave -Swim Lessons
WV12 Ratio llnstructor to 8 Participants Resident
WV13 Ratio 1 Instructor to 8 Participants Non -Resident
WV14 Ratio 1 Instructor to 6 Participants Resident
WV15 Ratio 1 Instructor to 6 Participants Non -Resident
WV16 Ratio 1 Instructor to 5 Participants Resident
WV17 Ratio 1 Instructor to 5 Participants Non -Resident
WV18 Ratio 1lnstructor to Participants Resident
WV19 Ratio l Instructor to Participants Non -Resident
WV20 Ratio 1 Instructor to 2 Participants Resident
WV21 Ratio 1 Instructor to 2 Participants Non -Resident
WV22 Ratio 1lnstructor to 1 Participant Resident
WV23 Ratio 1 Instructor to 1 Participant Non -Resident
Note: Total number of classes per session will vary.
ave-Swim Team
WV24 Junior Green Gators Resident
WV25 Junior Green Gators Non -Resident
WV26 Green Gators Resident
WV27 Green Gators Non -Resident
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Class
No Change
No Change
No Change
No Change
No Change
$10
$13
$15
$18
$21
$25
$27
$33
$36
$44
$57
$69
Individual Fee/Per Class
Individual Fee/Per Class
Individual Fee/Per Season
Individual Fee/Per Season
Note: Junior Green Gators is based on 2 days/week or 4 days/week Total number of classes per session will vary
No Change
$13
$16
$359
$431
Wave -Recreational and Other
WV28 Lap Swim/Water Walking Resident
WV29 Lap Swim/Water Walking Non -Resident
WV30 Kid's Night Out - Resident
WV31 Kid's Night Out - Non -Resident
WV32 Birthday Party Package - Summer Season Resident
WV33 Birthday Party Package - Summer Season Non -Resident
WV34 Birthday Party Package - Off -Season Resident
WV35 Birthday Party Package - Off -Season Non -Resident
WV36 Public Address Announcements Residents
WV37 Public Address Announcements Non -Residents
WV38 Recreational Swim/Under 2 Years Resident
WV39 Recreational Swim/Under 2 Years Non -Resident
WV40 Recreational Swim/Over 2 Years Resident
WV41 Recreational Swim/Over 2 Years Non -Resident
Individual Fee/Per visit
Individual Fee/Per visit
Individual Fee
Individual Fee
Individual Fee/Per Party
Individual Fee/Per Party
Individual Fee/Per Party
Individual Fee/Per Party
3 announcements
3 announcements
Individual Fee/Per Visit
Individual Fee/Per Visit
Individual Fee/Per Visit
Individual Fee/Per Visit
No Change $6
$8
$40-$70
$48 - $84
Resident $30 Per Person $31
$38
Resident $22 Per Person $23
$28
NO CHANGE $26
$31
NO CHANGE $3
$4
$6
$9
HERITAGE PARK & MUSEUMS
HP1 Heritage Park Drop -In Programs
HP2 Ghosts Of Dublin Tour
HP3 Weekend History Events
HP4 Group Tours
HP5 School Field Trips
HP6 Pioneer Activity
HP7 Group Tours Resident
HP8 Group Tours Non -Resident
HP9 School Field Trips Resident
HP10 School Field Trips Non -Resident
HP11 Pioneer Activity Resident
HP12 Pioneer Activity Non -Resident
Heritage Park Drop -In Programs Per Person
Per Person Admission Fee
Per Person Per Event
Per Person Per Tour
Per Student Per Field Trip
Per Student Per Activity
Individual Fee/Per Tour
Individual Fee/Per Tour
Individual Fee/Per Trip
Individual Fee/Per Trip
Individual Fee/Per Visit
Individual Fee/Per Visit
Resident $3 Resident $3
Non -Resident $4 Non -Resident $4
Resident $15 Resident $15
Non -Resident $18 Non -Resident $18
Resident $5-$15 Resident $5-$15
Non -Resident $6-$18 Non -Resident $6-$18
Resident $5 Resident $5
Non -Resident $6 Non -Resident $6
Resident $4 Resident $4
Non -Resident $5 Non -Resident $5
Resident $1.50 Resident $1.50
Non -Resident $2.50 Non -Resident $2.50
No Change $5
$6
No Change $4
$5
No Change $2
$3
Community Garden - $50 deposit
�CG1
ICG2
Yearly Garden Plot - Resident Only
Garden Plot Deposit Fee (Refundable)
Individual Fee/Per Year
Individual Fee/Per Year
$50
$50
Contract Classes
134
Attachment 3
fi
Item / Service Description / Unit
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
For all Contract Instructor Activities, Fees for Residents and for Non -Residents may vary. The fees are based on the contract agreements
with each instructor and are subject to change at the discretion of the Parks & Community Services Director.
VARIES
VARIES
Section 10.2: Parks & Recreation Program Fees - Cemetery Fees for Heritage & Cultural Arts Center**
CF1 Interment Fees Cremation Burial Per Burial
CF2 Interment Fees Earth Burial Per Burial
CF3 Memorial Bench with ability to hold human remains Per Bench
CF4 Memorial Boulder with ability to hold human cremations Per Boulder
CFS Memorial Hawthorn Tree with Plaque, No Human Remains Per Tree
CF6 Memorial Brick with Personalized Inscription, No Human Remains Per Brick
CF7 Adopt a Bench New with engraved plaque Per Bench
CF8 Adopt a Bench Existing with engraved plaque Per Bench
No Change
No Change
No Change
No Change
No Change
No Change
$375
$6,800
Discontinued - Sold Out
Discontinued - Sold Out
$800
$350-$482
$2,500
$1,500
Section 10.3: Parks & Recreation Program Fees - Facility Rental Fees
FR1
FR2
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Dublin Based Non -Profits -Chamber of Commerce, Charitable and Social Welfare Organizations, Homeowners Associations, and Sports League Organizations
Group 3: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 2
Group 4: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Additional Facility Rental Fees for Amenities
Dance Floor, Stage, Piano, Linens, Cocktail Tables, Patio Heaters, Etc.
Groups 1 and 2 Setup and Takedown Only During Business Hours
Per Amenity
Per Hour/Per Staff
No Change
$15-$200
$18.00
FR3
FR4
FR5
FR6
FR7
Civic Center Rental (Council Chambers & Regional Meeting Room) *Deposit of $500 (Update)
Groups 1 and 2 for purpose of meetings
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Heritage Park & Museums Facility Rental - St. Raymond Church *Deposit of $500 (Update)
St. Raymond Church
FR38 Group 1 and 2 for purpose of meetings outside of business hours
FR39 Group 3 Resident
FR40 Group 3 Non -Resident
FR41 Group 4 Resident
FR42 Group 4 Non -Resident
FR43 Group 3 Discount on Mutiple Rooms
St. Raymond Church Outdoor Patio Monday -Thursday as a Standalone
FR44 Group 1 and 2 for purpose of meetings outside of business hours
FR45 Group 3 Resident
FR46 Group 3 Non -Resident
FR47 Group 4 Resident
FR48 Group 4 Non -Resident
FR49 Group 3 Discount on Mutiple Rooms
Kolb Sunday School Barn
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
No Change
No Change
No Change
No Change
No Change
No Change
No Fee
$94
$113
$125
$150
$18
$63
$75
$83
$100
10%
$18
$60
$72
$80
$96
10%
FR50 Group 1 and 2 for purpose of meetings outside of business hours
FR51 Group 3 Resident
FR52 Group 3 Non -Resident
FR53 Group 4 Resident
FR54 Group 4 Non -Resident
FR55 Group 3 Discount on Mutiple Rooms
Lawn Area
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Percentage/Per Hourly Rate
No Change
No Change
No Change
No Change
$28
$111
$134
$150
$180
10%
FR56 Group 1 and 2 for purpose of meetings outside of business hours
FR57 Group 3 Resident
FR58 Group 3 Non -Resident
FR59 Group 4 Resident
FR60 Group 4 Non -Resident
FR61
FR62
FR63
Library Community Room *Deposit of $500 (Update)
Groups 1 and 2 for purpose of meetings
Group 3 Resident
Group 3 Non -Resident
Per Hour/Per Staff
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
No Change
No Change
No Change
No Change
No Change
$18
$78
$94
$104
$125
No Fee
$94
$113
135
Attachment 3
Item / Service
Description / Unit
FR64 Group 4 Resident
FR65 Group 4 Non -Resident
Per Hour
Per Hour
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
No Change
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
$125
$150
Senior Center Facility Rental *Deposit of $750 (Update)
•
Ballroom
FR66 Groups 1 and 2 for purpose of meetings
FR67 Group 3 Resident
FR68 Group 3 Non -Resident
FR69 Group 4 Resident
FR70 Group 4 Non -Resident
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Kitchen (separate from Ballroom rental) Minimum 3 hour rental, only permitted on weekdays
FR71 Groups 1 and 2 During Business Hours
FR72 Groups 1 and 2 Outside of Business Hours
FR73 Group 3 Resident
FR74 Group 3 Non -Resident
FR75 Group 4 Resident
FR76 Group 4 Non -Resident
Classroom A
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
FR77 Groups 1 and 2 Standalone Use Outside of Business Hours
FR78 Group 3 Resident
FR79 Group 3 Non -Resident
FR80 Group 4 Resident
FR81 Group 4 Non -Resident
Classroom B
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
No Change $51
No Change $207
$247
No Change $274
$330
$15 per hour $18
$23 per hour $24
Resident $80/Non-resident $96 $83
$100
Dublin -based Business $120
$144
No Change $18
No Change $42
$49
No Change $55
FR83 Groups 1 and 2 Outside of Business Hours
FR84 Group 3 Resident
FR85 Group 3 Non -Resident
FR86 Group 4 Resident
FR87 Group 4 Non -Resident
Classroom C/D
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
$65
No Change $18
No Change $31
$37
No Change $43
$51
FR88 Groups 1 and 2 Outside of Business Hours Per Hour No Change I $18
FR89 Group 3 Resident Per Hour No Change $42
FR90 Group 3 Non -Resident Per Hour I $49
FR91 Group 4 Resident Per Hour No Change I $55
FR92 Group 4 Non -Resident Per Hour $65
Meeting Room
FR93 Groups 1 and 2 for purpose of meeting Per Hour No Change $18
FR94 Group 3 Resident Per Hour No Change $19
FR95 Group 3 Non -Resident Per Hour $22
FR96 Group 4 Resident Per Hour No Change $25
FR97 Group 4 Non -Resident Per Hour $30
Shannon Center Facility Rental *Deposit of $750
Ambrose Hall
FR98 Groups 1 and 2 Outside of Business Hours Per Hour No Change $95
FR99 Group 3 Resident Per Hour No Change $279
FR100 Group 3 Non -Resident Per Hour $335
FR101 Group 4 Resident Per Hour No Change $370
FR102 Group 4 Non -Resident Per Hour $444
Outdoor Patio (separate from Ballroom rental) Monday -Thursday
FR103 Groups 1 and 2 Outside of Business Hours Per Hour $31
FR104 Group 3 Resident Per Hour $123
FR105 Group 3 Non -Resident Per Hour $148
FR106 Group 4 Resident Per Hour $164
FR107 Group 4 Non -Resident Per Hour $197
Kitchen (separate from Ballroom rental) Minimum 3 hour rental, only permitted on weekdays
FR108 Groups 1 and 2 Outside of Business Hours Per Hour
FR109 Group 3 Resident Per Hour
FR110 Group 3 Non -Resident Per Hour
FR111 Group 4 Resident Per Hour
FR112 Group 4 Non -Resident Per Hour
$23 per hour
Resident $80/Non-resident $96
Dublin -based Business
$24
$83
$100
$120
$144
Multipurpose Room
FR113 Groups 1 and 2 Outside of Business Hours
FR114 Group 3 Resident
Per Hour
Per Hour
No Change
No Change
$26
$78
136
Attachment 3
• Item / Service
•
Description / Unit
FR115
FR116
FR117
FR118
FR119
FR120
FR121
FR122
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Classroom
Groups 1 and 2 Outside of Business Hours
Group 3 Resident
Group 3 Non -Resident
Group 4 Resident
Group 4 Non -Resident
Stager Gym Facility Rental *Deposit ($500) - New
FR123 Groups 1 and 2
FR124 Group 3 Resident
FR125 Group 3 Non -Resident
FR126 Group 4 Resident
FR127 Group 4 Non -Resident
The Wave Rentals
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
Per Hour
FY 2022-23
Fonc Prinr tn rn,,nrlina dnwn
Fee Effective
7/1/77
FY 2023-24
Fonc Prinr tn rn,,nrlina rinwn
Fee Effective
711177
No Change
No Change
No Change
No Change
$94
$104
$124
$18
$33
$41
$45
$54
No Change $42
No Change $63
$75
No Change $83
$100
Full Park Buyout: Paul McCreary Sports Pool, Natatorium, Children's Splash Zone, and Waterslide Tower - Deposit $750
WR1
WR2
WR3
WR4
WR5
WR6
WR7
WR8
W R9
WR10
WR11
WR12
WR13
WR14
WR15
WR16
WR17
WR18
WR19
WR20
WR21
WR22
WR23
WR24
WR25
WR26
WR27
WR28
WR29
W R30
WR31
WR32
WR33
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Children's Splash Zone - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Lower Level of Tower: Mt. Diablo, Golden Wave, and Riptide Rider - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Full Waterslide Tower: Emerald Plunge, Shamrock Swirl, and Dublin Screamer - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Natatorium - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Paul McCreary Sports Pool During Normal Operating Hours - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Swim Lane Paul McCreary Sports Pool During Normal Operating Hours
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Community Room - Deposit $500
Group 1, Group 2, and Group 3 Resident Per Hour
Group 3 Non -Resident Per Hour
Group 4 Per Hour
Amenities and Services
Cabana - Weekday Resident Per Day
Cabana - Weekday Non -Resident Per Day
Cabana - Weekend Resident Per Day
Cabana - Weekend Non -Resident Per Day
Luxury Lounges (2) Resident Per Day
Luxury Lounges (2) Non -Resident Per Day
Additional Staff Per Staff/Per Hour
Technology and Equipment Package for Competition Per Day
Individuals or Other Groups Per Locker/Per Size
No Change
No Change
No Change
No Change
No Change
No Change
$1,250
$1,500
$1,824
$344
$413
$521
$396
$475
$584
$469
$563
$709
$292
$354
$427
$292
$350
$427
$13
$15
$20
$111
$134
$171
No Change $83
$100
No Change $94
$113
No Change $42
$50
No Change $34
No Change $500
No Change $6-$20
Section 10.4: Parks & Recreation Program Fees - Picnic Area and Amphitheater Rental Fees**
137
Attachment 3
Item / Service
Description / Unit ■
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
Park Picnic Area Rentals
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Dublin Based Non -Profits -Chamber of Commerce, Charitable and Social Welfare Organizations, Homeowners Associations, and Sports League Organizations
Group 3: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 2
Group 4: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Groups 1 and 2
PR1 Seats 200
PR2 Seats96
PR3 Seats80
PR4 Seats 64
PR5 Seats 56
PR6 Seats48
PR7 Seats 36
PR8 Seats 24
PR9 Seats 18
Group 3 Resident
PR10 Seats 200
PR12 Seats96
PR14 Seats80
PR16 Seats 64
PR18 Seats 56
PR20 Seats48
PR22 Seats 36
PR24 Seats 24
PR26 Seats 18
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
$100/4 hours
$48/4 hours
$44/4 hours
$32/4 hours
$28/4 hours
$24/4 hours
$18/4 hours
$12/4 hours
$100/$25
$48/$12
$44/$11
$32/$8
$28/$7
$24/$6
$18/$5
$12/$3
$12/$3
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Per4 hours/Each Additional Hour
Resident $300/4 hours $300/$75
Resident $144/4 hours $144/$36
Resident $120/4 hours $120/$30
Resident $96/4 hours $96/$24
Resident $84/4 hours $84/$21
Resident $72/4 hours $72/$18
Resident $54/4 hours $54/$14
Resident $36/4 hours $36/$9
$28/$7
Group 3 Non -Resident
PR11 Seats 200 Per4 hours/Each Additional Hour
PR13 Seats 96 Per4 hours/Each Additional Hour
PR15 Seats 80 Per4 hours/Each Additional Hour
PR17 Seats 64 Per4 hours/Each Additional Hour
PR19 Seats 56 Per4 hours/Each Additional Hour
PR21 Seats 48 Per4 hours/Each Additional Hour
PR23 Seats 36 Per4 hours/Each Additional Hour
PR25 Seats 24 Per4 hours/Each Additional Hour
PR27 Seats 18 Per4 hours/Each Additional Hour
$360/$90
$173/$43
$144/$36
$115/$29
$101/$25
$86/$22
$65/$16
$43/$11
$36/$9
Group 4 Residents
PR28 Seats 200 Per4 hours/Each Additional Hour Resident $400/4 hours $400/$100
PR30 Seats 96 Per4 hours/Each Additional Hour Resident $192/4 hours $192/$48
PR32 Seats 80 Per4 hours/Each Additional Hour Resident $152/4 hours $152/$38
PR34 Seats 64 Per4 hours/Each Additional Hour Resident $127/4 hours $127/$32
PR36 Seats 56 Per4 hours/Each Additional Hour Resident $112/4 hours $112/$28
PR38 Seats 48 Per4 hours/Each Additional Hour Resident $96/4 hours $96/$24
PR40 Seats 36 Per4 hours/Each Additional Hour Resident $72/4 hours $72/$18
PR42 Seats 24 Per4 hours/Each Additional Hour Resident $48/4 hours $48/$12
PR44 Seats 18 Per4 hours/Each Additional Hour $36/$9
Group 4 Non -Residents
PR29 Seats 200 Per4 hours/Each Additional Hour $480/$120
PR31 Seats 96 Per4 hours/Each Additional Hour $230/$58
PR33 Seats 80 Per4 hours/Each Additional Hour $182/$46
PR35 Seats 64 Per4 hours/Each Additional Hour $152/$38
PR37 Seats 56 Per4 hours/Each Additional Hour $134/$34
PR39 Seats 48 Per4 hours/Each Additional Hour $115/$29
PR41 Seats 36 Per4 hours/Each Additional Hour $86/$22
PR43 Seats 24 Per4 hours/Each Additional Hour $58/$15
PR45 Seats 18 Per4 hours/Each Additional Hour $44/$11
AM1
AM3
AM4
Emerald Glen Amphitheater Fees
Groups 1 and 2
Group 3 Resident
Group 3 Non -Resident
Daily Fee
Daily Fee
Daily Fee
No Change
No Change
No Change
$216
$651
$782
138
Attachment 3
Item / Service
Description / Unit
AM5
AM6
Group 4 Resident
Group 4 Non -Resident
Daily Fee
Daily Fee
FY 2022-23
Fees Prior to rounding down
Fee Effective
7/1/22
No Change
No Change
FY 2023-24
Fees Prior to rounding down
Fee Effective
7/1/23
$867
$1,040
Section 10.5: Parks & Recreation Program Fees - Sports Fields Rental Fees**
Group 1: Public Agencies - County of Alameda, Dublin -San Ramon Services District, Dublin Unified School District
Group 2: Approved Dublin Based Youth Sports League Organizations - at least 75% Dublin Residents
Group 3: Dublin Based Non -Profits and Approved Adult Sports League Organizations (51% residents) -Chamber of Commerce, Charitable and Social Welfare Organizations, and Homeowners Associations
Group 4: Individuals and Other Groups - Dublin Residents, Non -Residents of Dublin, and Charitable Groups Not Approved for Group 3
Group 5: Commercial - Dublin -Based Businesses and Non -Dublin Businesses
Turf Fields - Deposit $250 per field
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
SR1
SR2
SR3
SR4
SR5
SR6
Synthetic Turf Fields - Deposit $250 per field
SR7
SR8
SR9
SR10
SR11
SR12
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
(1) Cricket Turf Fields
SR13 Groups 1 and 2
SR14 Group 3
SR15 Group 4 Residents
SR16 Group 4 Non -Residents
SR17 Group 5 Residents
SR18 Group 5 Non -Residents
Sports Lighting
SR19
SR20
SR21
SR22
SR23
SR24
Groups 1 and 2
Group 3
Group 4 Residents
Group 4 Non -Residents
Group 5 Residents
Group 5 Non -Residents
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
Per Field/Per Hour
SR25 Administration Charge for Field Cancellations and Permit Changes Per Cancellation/Permit Change
For Tournaments, an hourly Facility Attendant fee in addition to the rental fees will be charged. Please refer to the Sports Fields Use Policy for more information.
No Change
No Change
No Change
No Change
No Change
No Change
$7
$18
$22
$26
$35
$42
$26
$52
$65
$78
$104
$125
$78
$124
$195
$234
$259
$310
No Change
No Change
No Change
No Change
$26
$28
$35
$43
$57
$68
Tennis Courts
TR1 Groups 1 and 2
TR2 Group 3
TR3 Group 4 Residents
TR4 Group 4 Non -Residents
TR5 Group 5 Residents
TR6 Group 5 Non -Residents
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
Per Court/Per Hour
No Change
No Change
No Change
$5
$7
$10
$12
$16
$19
Cricket Batting Cages
CR1 Groups 1 and 2
CR2 Group 3
CR3 Group 4 Residents
CR4 Group 4 Non -Residents
CR5 Group 5 Residents
CR6 Group 5 Non -Residents
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
Per Cage/Per Hour
No Change
No Change
No Change
$16
$16
$19
$23
$23
$23
139
Agenda Item 4.6
r
DUBLIN
CALIFORNIA
DATE:
TO:
FROM:
SU B.ECT:
STAFF REPORT
CITY COUNCIL
June 20, 2023
Honorable Mayor and City Councilmembers
Linda Smith, City Manager
Payment Issuance Report and Electronic Funds Transfers
Prepared by: Darlynn Haas, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will receive a listing of payments issued from May 1, 2023 - May 31, 2023,
totaling $19,380,166.08.
STAFF RECOMMENDATION:
Receive the reports.
FINANCIAL IMPACT:
Summary of Payments Issued
Report Period May 1, 2023 - May 31, 2023
Total Number of Payments: 420
Total Amount of Payments: $19,380,166.08
DESCRIPTION:
The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period
beginning May 1, 2023, through May 31, 2023. 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
Page 1 of 2
140
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.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Payment Issuance Report for May 2023
Page 2 of 2
141
City of Dublin
Payment Issuance Report
Revised
Attachment I
Print Date: 6/6/2023
Page 1 of 9
Date Issued
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
Payments Dated 5/1/2023 through 5/31/2023
Payee
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
ADVANCED MOBILITY GROUP
ALLIANT INSURANCE SVCS INC
ARROW FIRE PROTECTION
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
BAY AREA AIR QUALITY MGMT DIST
BERL ENTERPRISES LLC
BFS LANDSCAPE ARCHITECTURE
BIG O'TIRES #7
BOY SCOUT TROOP 905
CAL PERS
CAL PERS
CALLANDER ASSOCIATES INC.
CALLANDER ASSOCIATES INC.
CARBONIC SERVICE
COMCAST
COMCAST
CONSOR NORTH AMERICA, INC.
COULSON & ASSOCIATES
COULSON & ASSOCIATES
DAHLIN GROUP INC
DARIA KRYUCHKOVA
DELL MARKETING L.P. C/O DELL USA L.P.
DUBLIN CHEVROLET
DUBLIN CHEVROLET
DUBLIN CHEVROLET
ECOLAB, INC.
EMPLOYMENT DEVELOPMENT DEPT
EMPLOYMENT DEVELOPMENT DEPT
EUROPEAN MOBILE WERKS
EUROPEAN MOBILE WERKS
EUROPEAN MOBILE WERKS
GROUNDED SOLUTIONS NETWORK
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING,
HDL COREN & CONE
HEALTHEQUITY, INC.
ICMA 401 PLAN
I C M A 457 PLAN
ICMA 457 PLAN
JACK LIANG
JAM SERVICES INC
JOY LIU
Description
100 POSTERS FOR ST. PATS
PRINTING SERVICES
PRINTING SERVICES - FARMERS MARKET
TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS - FEB 2023
INSURANCE SALES FOR TENANT/USER PERMITS
FIRE EXTINGUISHER REPAIRS/MAINTENANCE
SERVICE TO WAVE 04/12/2023
SERVICE TO 800 04/12/2023
SERVICE TO SHANNON 04/12/2023
SERVICE TO SR ALARM 04/12/2023
SERVICE TO CIVIC 04/12/2023
SERVICE TO LIBRARY 911 04/14/2023
SERVICE TO CY 04/14/2023
SERVICE TO CY FAX 04/14/2023
SERVICE TO PSC FIRE ALARM 04/14/2023
SERVICE TO FSP FAX 04/14/2023
SERVICE TO PSC POLICE 04/15/2023
SERVICE TO FS18 04/14/2023
SERVICE TO CY 04/14/2023
SERVICE TO BLDG INSP 04/14/2023
SERVICE TO ELEVATOR 04/14/2023
600M INTERNET CIVIC CENTER FIBER SERVICES
PSC 600M INTERNET & VOIP SERVICES
CVC AT&T IPFLEX VOIP LINE
ANNUAL PERMIT RENEWAL 2023-2024
CIVIC CNTR WATER BOTTLE FILLING STATION - APR 2023
FALLON SPORTS PARK DESIGN SVCS - PHASE 3 MAR 2023
POLICE VEHICLE MAINT & TIRE INSTALLATION
ASSIST WITH ST PATS EVENT SETUP/CLEANUP
PERS RETIREMENT PLAN: APR COUNCILMEMBERS
PERS RETIREMENT PLAN: PE 4/21/23
WALLIS RANCH PARK DESIGN SERVICES SEPT 2022
WALLIS RANCH PARK DESIGN SERVICES FEB 2023
THE WAVE POOL CHEMICALS & MAINTENANCE
INTERNET/CABLE SVC VARIOUS CITY DEPTS
CIVIC CENTER COMCAST 500M INTERNET
ENGINEERING SERVICES - PLAN REVIEW FEB 2023
PLAN REVIEW WALLIS RANCH COMM PARK FEB 2023
ENGINEERING SERVICES - PLAN REVIEW FEB 2023
ACCIDENT REPAIR (CLAIM #27370A9) CONSTR. JAN 2023
LITTLE LIBRARIES ARTWORK
VXRAIL SOFTWARE LICENSE - DATACENTER VIRTUAL CLOUD
POLICE VEHICLE MAINT & REPAIRS
POLICE VEHICLE MAINT & REPAIRS
2023 GMC ACADIA REPLACING D31
SUPPLIES FOR THE 3 SINK WASHER IN KITCHEN
CA STATE WITHHOLDING: APR COUNCILMEMBERS
CA STATE WITHHOLDING: PE 4/21/23
POLICE VEHICLE MAINTENANCE
POLICE VEHICLE MAINTENANCE
POLICE VEHICLE MAINTENANCE
HOMEKEEPER SOFTWARE ANNUAL LICENSE RENEWAL
DESIGN OF CULTURAL ARTS CENTER - FEB 2023
PROPERTY TAX CONSULTING SERVICES APR-JUN 2023
HEALTHEQUITY: PE 4/21/23
DEFERRED COMP 401A: PE 4/21/23
DEFERRED COMP 457: PE 4/21/23
DEFERRED COMP 457: PE 4/21/23
MARCH MILEAGE REIMBURSEMENT
TRAFFIC SIGNAL SUPPLIES - MAR 2023
DUBLIN PRIDE WEEK EVENT PHOTOGRAPHY
Amount
200.75
744.40
766.20
1,652.50
8,039.00
1,514.30
88.09
0.16
196.28
157.01
96.72
23.17
44.80
23.17
44.80
44.80
23.17
66.42
228.17
23.17
88.05
1,802.67
2,059.53
614.33
499.00
3,401.87
4,900.00
122.20
2,750.00
1,118.09
87,040.38
4,352.62
3,441.91
479.80
346.33
2,300.00
237.00
617.50
17,355.00
571.25
500.00
39,349.90
238.55
166.41
44,290.77
2,611.79
7.57
21,443.50
299.55
220.00
450.00
6,300.00
29,522.10
1,895.57
3,224.43
1,345.99
2,146.54
27,559.27
463.81
443.00
210.00
142
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 2 of 9
5/1/2023
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5/1/2023
5/1/2023
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5/1/2023
5/1/2023
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5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
5/1/2023
Payments Dated 5/1/2023 through 5/31/2023
KIDZ LOVE SOCCER
KIMBERLY FRIESEN
KITTELSON & ASSOCIATES, INC.
LANLOGIC INC.
LANLOGIC INC.
LANLOGIC INC.
LANLOGIC INC.
LANLOGIC INC.
LANLOGIC INC.
LIVERMORE AMADOR VALLEY
LIVERMORE AUTO GROUP
LIVERMORE AUTO GROUP
LYNX TECHNOLOGIES, INC.
MCE CORPORATION
MCE CORPORATION
MEYERS NAVE
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
NORM'S TOWING SERVICE, LLC
NORM'S TOWING SERVICE, LLC
PAKPOUR CONSULTING GROUP, INC.
PAKPOUR CONSULTING GROUP, INC.
PAKPOUR CONSULTING GROUP, INC.
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PHOENIX GROUP INFO SYS.
R. YOUNAN LLC
REDWOOD TOXICOLOGY LAB. INC.
RROOAR
SELECT IMAGING
SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399
SILVER & WRIGHT LLP
SILVER & WRIGHT LLP
SNG & ASSOCIATES INC.
SWA GROUP
THE IRISH HERALD
THE LAMAR COMPANIES
THE LAMAR COMPANIES
TIREHUB, LLC.
T-MOBILE USA, INC.
TREASURER ALAMEDA COUNTY
TREASURER ALAMEDA COUNTY
TREASURER ALAMEDA COUNTY PW AGENCY -
TREASURER ALAMEDA COUNTY PW AGENCY-
TRI-VALLEY COMMUNITY TV
US BANK - PARS
VIDYA GIRISH
VIGILANT SOLUTIONS, LLC.
WESCO GRAPHICS INC
WILLDAN FINANCIAL SERVICES
WORKFORCE INTEGRITY & TRAINING SOLUTIONS,
WORKFORCE INTEGRITY & TRAINING SOLUTIONS,
REC CLASS INSTRUCTOR
REFUND ON PERMIT R7314
CITYWIDE BIKE/PED MASTER PLAN UPDATE - JAN 2023
INFORMATION SYSTEMS CONSULTING SVCS
NETWORK MONITORING 24/7 FY22-23
LANLOGIC UMBRELLA OPEN DNS WEB PROTECTION
INFORMATION SYSTEMS CONSULTING SVCS
INFORMATION SYSTEMS CONSULTING SVCS
NETWORK MONITORING 24/7 FY22-23
ROUTE 30 - EVENT SHUTTLE - NO CHARGE TO RIDERS
POLICE VEHICLE MAINT & REPAIRS
POLICE VEHICLE MAINT & REPAIRS
GIS CONSULTING SERVICES
MAINTENANCE SERVICES - FEB 2023
MAINTENANCE SERVICES - MAR 2023
FALLON VILLAGE GHAD PROFESSIONAL SVCS
TRAFFIC SIGNAL INTERCONNECT PROJECT -JAN 2023
IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD FEB 2023
CONSTR MGMT/INSP-EV CHARGING STATIONS FEB 2023
DON BIDDLE COMMUNITY PARK INSPECTIONS FEB 2023
FALLON SPORTS PARK PH3 PW INSPECTIONS -FEB 2023
TRAFFIC SIGNAL INTERCONNECT PROJECT - MAR 2023
ENGINEERING SERVICES - MAR 2023
TOWING SERVICE
TOWING SERVICE
CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 MAR 2023
ENGINEERING SERVICES- FEB 2023
ENGINEERING SERVICES- MAR 2023
B1 ART LIGHTING 7401 DUBLIN BLVD 04/03/23
B1 SERVICE TO GG IRRIG 03/31/2023
A6 SERVICE TO FS17 04/05/2023
TC1 SERVICE TO DB 04/05/2023
LS2-A SERVICE TO 04/06/2023
SERVICE TO WAVE 04/05/2023
TC1 SERVICE TO DB 03/07/23
SERVICE TO LIBRARY 03/30/23
PARKING CITATIONS COLLECTED
REC CLASS INSTRUCTOR
TOXICOLOGY SERVICES
REC CLASS INSTRUCTOR
NAME BADGE FOR COMMISSIONER
CITY COPIER & PRINTER MAINTENANCE SVCE
SPECIAL COUNSEL LEGAL SERVICES
SPECIAL COUNSEL LEGAL SERVICES
CIP BUILDING DEPT. PLAN REVIEWS FEB 2023
JORDAN RANCH NEIGHBORHOOD SQ DESIGN FEB 2023
1/2 PAGE ADVERTISEMENT FOR ST PATS EVENT
BUS ADVERTISEMENT FOR ST PATS EVENT
BUS ADVERTISEMENT FOR ST PATS EVENT
POLICE VEHICLE MAINTENANCE
CELL PHONE SERVICES THRU 3/20/23
LATENT FINGERPRINT SERVICES
COUNTY FEES
TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE DEC 2022
TRAFFIC SIGNAL/ STREET LIGHT MAINTENANCE JAN 2023
RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS
PARS: PE 4/21/23
REC CLASS INSTRUCTOR
POLICE CAMERAS SOFTWARE LICENSE RENEWAL
ACTIVITY GUIDE & CITY REPORTS PRINTING
PUBLIC FACILITIES STUDY
TAKS ORDER 1 SIGNAL COMM UPGRADE - DEC 2022
COMMUNITY WORKFORCE ADMIN SERVICES - DEC 2022
5,675.30
900.00
3,425.26
13,246.00
637.50
1,050.00
23.46
282.72
637.50
450.00
553.23
266.47
6,750.00
721,655.89
827,299.75
516.50
1,769.03
73,363.39
1,915.81
2,953.53
1,436.85
15,010.12
14,767.67
825.00
375.00
11,645.50
9,000.00
11,162.00
715.28
275.40
1,314.13
75.65
1,992.60
34,234.07
9,293.34
5,339.00
335.35
319.20
1,406.42
2,029.80
20.56
2,341.12
285.00
105.00
10,293.75
9,060.53
900.00
775.00
2,925.00
1,477.00
822.65
196.52
1,694.50
40,271.31
26,595.32
933.81
2,874.21
276.00
21,750.00
10,700.42
955.00
477.62
1,283.30
143
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 3 of 9
5/8/2023
5/8/2023
5/8/2023
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5/8/2023
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5/8/2023
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5/8/2023
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5/8/2023
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5/8/2023
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5/8/2023
5/8/2023
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5/8/2023
5/8/2023
5/8/2023
5/8/2023
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5/8/2023
5/8/2023
5/8/2023
5/8/2023
5/8/2023
5/8/2023
5/8/2023
Payments Dated 5/1/2023 through 5/31/2023
4LEAF INC.
ARROW ELECTRONICS INC
BIG O'TIRES #7
BKF ENGINEERS
BKF ENGINEERS
BLUETOAD, INC.
BRAS & MATTOS MONUMENT COMPANY
BSK ASSOCIATES INC.
CASCADIA CONSULTING GROUP, INC
CENTRO LEGAL
CODE FOR FUN
CODE FOR FUN
EASTERSEALS NORTHERN CA
ECS IMAGING INC.
EOA, INC.
ESRI
GOODNESS VILLAGE
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING,
GVP VENTURES INC
GVP VENTURES INC
HEALTHEQUITY, INC.
INGRID REGISTER
INTEGRA PLANNING & LANDSCAPE ARCHITECTURE
JAM SERVICES INC
JOHN KNOX PRESBYTERIAN CHURCH
KIMLEY-HORN AND ASSOC. INC.
LSA ASSOCIATES INC.
M-GROUP
M-GROUP
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
MNS ENGINEERS, INC.
ON THE VINE CATERING
PARK ENGINEERING, INC.
PIERRE GALANG
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
RANJINI VENKATACHARI
SABOO INC.
SABOO INC.
SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399
SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399
SIERRA DISPLAY, INC.
SOLARWINDS, INC.
SOPHIA LEE
SPECTRUM COMMUNITY SVCS INC.
STATE WATER RESOURCES CONTROL
SURF TO SNOW ENVIRONMENTAL RESOURCE
SURF TO SNOW ENVIRONMENTAL RESOURCE
SWINERTON MANAGEMENT AND CONSULTING
SWINERTON MANAGEMENT AND CONSULTING
VALERIE DEAM MC GRATH IRISH DANCERS
WILLDAN ENERGY SOLUTIONS
WILLDAN ENERGY SOLUTIONS
WILLDAN HOMELAND SOLUTIONS
WORKFORCE INTEGRITY & TRAINING SOLUTIONS,
WORKFORCE INTEGRITY & TRAINING SOLUTIONS,
Payments Issued 5/1/2023 Total:
BLDG INSPECTIONS & PLAN CHECK SVCS MAR 2023
OUTDOOR SIGNAGE FOR BUSINESS - DISPLAY MOUNT
POLICE VEHICLE MAINT & TIRE INSTALLATION
ANNUAL STREET RESURFACING PROJECT - FEB 2023
TASSAJARA RD GAP CLOSURE PROJECT - FEB 2023
2023 SUMMER ACTIVITY GUIDE EXTRA DOWNLOADS
INSTALLATION OF BENCHES AND ONE BENCH
TESTING/INSP DON BIDDLE COMMUNITY PARK -APR 2023
SB 1383 IMPLEMENTATION ASSISTANCE
HUMAN SERVICE GRANT FY2022-23
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
HUMAN SERVICE GRANT FY2022-23
CONFIGURATION OF RETENTION LASERFICHE WORKFLOW
EVIRON & SUS DIVISION PLAN REVIEW
ANNUAL GIS SOFTWARE MAINTENANCE
HUMAN SERVICE GRANT FY2022-23
DESIGN OF CULTURAL ARTS CENTER - MAR 2023
FINANCE DIRECTOR EXECUTIVE RECRUITMENT
FINANCE DIRECTOR EXECUTIVE RECRUITMENT
HRA/FSA/COMMUTER FEES
KIDS ENTERTAINMENT AT EGGSTRAVEAGANZA
LANDSCAPE PLAN CHECK & INSPECTIONS
TRAFFIC INTERSECTION CAMERAS JAN 2023
ST. PATRICK'S EVENT - SERVICE AT FOOD COURT
ENGINEERING SERVICES - MAR 2023
CEQA DOC PREP FOR QUARRY LN SCHOOL PAC
PLANNING SVCS-BOULEVARD PH 1-5
PLANNING SVCS-BOULEVARD PH 1-5
CONSTR MGMT/INSP-EV CHARGING STATIONS - MAR 2023
DON BIDDLE COMMUNITY PARK INSPECTIONS - MAR 2023
INSP/CONSTR MGT-2021 SLURRYSEAL/DUBLIN BLVD APR 2023
CATERING FOR SENIOR CENTER VOLUNTEER EVENT
ENERGY EFFICIENCY PROJECT MANAGEMENT
DJ/MC SERVICE AT EGGSTRAVAGANZA
MAT SERVICES - PSC - MAY 2023
MAT SERVICES - SHANNON - MAY 2023
MAT SERVICES - WAVE - MAY 2023
MAT SERVICES - CIVIC - MAY 2023
MAT SERVICES - SENIOR - MAY 2023
TEMPORARY ART PROGRAM - LITTLE LIBRARIES
CONTRACT RETENTION
PK0215 HERITAGE PARK CEMETERY IMPROV RETENTION
CITY COPIER & PRINTER MAINTENANCE SVCE
CITY COPIER & PRINTER MAINTENANCE SVCE
GREEN BUILDING LIGHTS FOR CIVIC CENTER
SOLARWINDS SERVICE DESK ANNUAL SUBSCRIPTION
TEMPORARY ART PROGRAM - LITTLE LIBRARIES
HUMAN SERVICES GRANT
WATER BOARD ANNUAL PERMIT - APR 2023
NPDES PERMIT INSPECTION/ILLICIT DISCHARGE RESPONSE
NPDES PERMIT INSPECTION/ILLICIT DISCHARGE RESPONSE
PLAN/CONSTR REVIEW CULTURAL ARTS CENTER FEB 2023
PLAN/CONSTR REVIEW CULTURAL ARTS CENTER MAR 2023
ST. PATRICK'S DAY EVENT ENTERTAINMENT
BLDG ELECTRIFICATION & CODE ASSISTANCE
BLDG ELECTRIFICATION & CODE ASSISTANCE
ENERGY EFFICIENCY/INFRASTRUCTURE IMPROVEMENTS
COMMUNITY WORKFORCE ADMIN SERVICES NOV 2022
COMMUNITY WORKFORCE ADMIN SERVICES MAR 2023
Payments Issued 5/8/2023 Total:
2,252,700.70
66, 514.00
723.24
394.79
1,414.00
10,194.78
21.53
4,050.00
960.25
15,985.00
568.88
122.50
122.50
15,250.00
2,800.00
3,899.50
1,026.91
1,540.00
29,522.10
3,000.00
8,917.64
653.75
300.00
270.00
28,665.00
1,100.00
1,357.00
5,399.48
2,612.50
2,661.25
718.43
3,592.13
1,627.93
3,369.24
13,850.62
650.00
50.59
85.98
58.63
94.93
91.75
500.00
515.00
61,334.63
885.90
2,341.12
952.01
9,936.00
500.00
2,209.04
548.00
682.75
2,459.00
45,465.20
60,210.00
500.00
11,416.95
10,262.06
437,524.40
4,544.58
1,121.91
888,145.38
144
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 4 of 9
5/11/2023 INTERNAL REVENUE SERVICE
5/12/2023 CAL PERS
5/12/2023 EMPLOYMENT DEVELOPMENT DEPT
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
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5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
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5/15/2023
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5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
5/15/2023
Payments Dated 5/1/2023 through 5/31/2023
ACTIONABLE SCIENCE INC
ADC CONSTRUCTION MANAGEMENT
ADVANCED INTEGRATED PEST MANAGEMENT
ADVANCED INTEGRATED PEST MANAGEMENT
ALL CITY MANAGEMENT SVCS INC
AMADOR VALLEY INDUSTRIES LLC
AMADOR VALLEY INDUSTRIES LLC
AMY L. JONES
ANGEL HOUZE CLAY ART C/O JULIE P. KARTONO
ARIEL LEARY
ARROW ELECTRONICS INC
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T - CALNET 3
AT&T - CALNET 3
AXIS COMMUNITY HEALTH
BAY AREA NEWS GROUP EAST BAY
BAY ISLAND OFFICIAL ASSOC
BIG O'TIRES #7
BIG O'TIRES #7
BIG O'TIRES #7
BRINKS, INC.
BSK ASSOCIATES INC.
BSK ASSOCIATES INC.
CALLANDER ASSOCIATES INC.
CARAHSOFT
CARBONIC SERVICE
CARBONIC SERVICE
CASTRO VALLEY PERFORMING ARTS
CASTRO VALLEY PERFORMING ARTS
CCF IND SIERRA TRINITY LLC
CHRISTINE PETIT
COMCAST
COMCAST
CONSOR NORTH AMERICA, INC.
CONSOR NORTH AMERICA, INC.
DEPARTMENT OF JUSTICE ACCTNG OFFICE -
DREAM RIDE ELEVATOR
DUBLIN UNIFIED SCHOOL DISTRICT
DUBLIN UNIFIED SCHOOL DISTRICT
DUTCHOVER & ASSOCIATES
DUTCHOVER & ASSOCIATES
EAST BAY POOL SERVICE, INC.
EAST BAY REGIONAL
ENTERPRISE RENT A CAR EAN SERVICES, LLC
EOA, INC.
EOA, INC.
EVERPRO KIDS
EVERPRO KIDS
FEDERAL WITHHOLDING: PE 5/5/23
PERS RETIREMENT PLAN: PE 5/5/23
CA STATE WITHHOLDING: PE 5/5/23
Payments Issued 5/11/2023 Total:
Payments Issued 5/12/2023 Total:
ENTERPRISE SERVICE DESK SUBSCRIPTION
CIVIC CENTER HVAC & ROOF REPLACEMENT
PEST CONTROL SERVICES - MAR 2023
PEST CONTROL SERVICES - APR 2023
SCHOOL CROSSING GUARD SVCS
SOLID WASTE SVCS-CAMP PARKS - APR 2023
PROPERTY TAX REVENUE COLLECTED FOR REFUSE SERVICES
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
CUST SERVICE SPEAKER FOR STAFF TRAINING
OUTDOOR SIGNAGE FOR BUSINESS
SERVICE TO FS2-3 4/26/2023
SERVICE TO SHANNON FAX 4/27/2023
SERVICE TO FS16 4/27/2023
SERVICE TO CIVIC 04/27/2023
CLARK AVE 4/27/2023
PSC 600M INTERNET & VOIP SERVICES
CVC AT&T IPFLEX VOIP LINE
600M INTERNET CIVIC CENTER FIBER SERVICES
ASE CIRCUITS TO 3/31/23
HERITAGE 9391018979
AXIS BRIDGE SERVICES
LEGAL NOTICES APR 2023
SPORTS OFFICIATING SERVICES
POLICE VEHICLE MAINT & TIRE INSTALLATION
POLICE VEHICLE MAINT & TIRE INSTALLATION
POLICE VEHICLE MAINT & TIRE INSTALLATION
ARMORED CAR SERVICE
JORDAN RNCH SQ GEOTECH SRVS DURING DESIGN MAR 2023
TESTING/INSP FALLON SPORTS PARK PH3 APR 2023
WALLIS RANCH PARK DESIGN SERVICES MAR 2023
SOLARWINDS UDT UT2500 ANNUAL MAINTENANCE RENEWAL
THE WAVE POOL CHEMICALS & MAINTENANCE
THE WAVE POOL CHEMICALS & MAINTENANCE
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
DV BALANCE REFUND DV0319
REC CLASS INSTRUCTOR
CIVIC CENTER CABLE
INTERNET/CABLE SVC VARIOUS CITY DEPTS
ENGINEERING SERVICES - PLAN REVIEW - DEC 2022
ENGINEERING SERVICES - PLAN REVIEW - JAN 2023
FINGERPRINTING
ELEVATOR MAINTENANCE SERVICES - APR 2023
STAGER WATER
STAGER PG&E ELECTRIC
LANDSCAPE PLAN CHECK & INSPECTIONS
ENGINEERING PLAN REVIEW SERVICES APR 2023
MONTHLY POOL SERVICE APR 2023
MOBILE RADIO REGIONAL CONNECTIVITY FY22-23
VEHICLE RENTAL FOR SPECIAL INVESTIGATIONS
STORMWATER NPDES IMPLEMENTATION ASSISTANCE
EVIRON & SUS DIVISION PLAN REVIEW - FEB 2023
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
70,670.00
70,670.00
85,328.49
21,976.67
107,305.16
6,000.00
26,727.55
5,060.00
5,060.00
8,040.00
29,399.66
4,074,519.60
187.20
600.00
400.00
5,432.01
305.82
23.01
44.48
23.01
23.01
2,059.80
620.28
1,802.67
2,515.62
47.21
28,542.59
139.08
2,480.00
157.64
68.19
63.23
276.55
509.58
4,445.25
18,347.76
495.90
525.88
527.16
864.00
819.00
815.25
494.40
456.81
402.48
2,014.50
1,185.00
492.00
516.00
188.76
1,514.06
267.50
57.50
7,800.00
61,920.00
2,192.84
11,175.50
4,382.75
891.00
1,522.68
145
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Payments Dated 5/1/2023 through 5/31/2023
Page 5 of 9
5/15/2023 EVERYTHING GROWS INTERIOR LANDSCAPING 49814 - INTERIOR PLANT CARE & MAINT. - MAY 2023
5/15/2023 GIS PLANNING ANNUAL HOUSING DEMOGRAPHIC REPORT
5/15/2023 GLADWELL GOVERNMENTAL SVCS INC RECORDS MANAGEMENT ASSISTANCE
5/15/2023 GUIDA SURVEYING INC. ENGINEERING PLAN REVIEW SERVICES - APR 2023
5/15/2023 HEALTHEQUITY, INC. HEALTHEQUITY: PE 5/5/23
5/15/2023 ICMA 401 PLAN DEFERRED COMP 401A: PE 5/5/23
5/15/2023 ICMA 457 PLAN DEFERRED COMP 457: PE 5/5/23
5/15/2023 ICITYWORK PLANNED DEVELOPMENT AND CIP WEBPAGES
5/15/2023 INTEGRA PLANNING & LANDSCAPE ARCHITECTURE LANDSCAPE PLAN CHECK & INSPECTIONS
5/15/2023 INTEGRA PLANNING & LANDSCAPE ARCHITECTURE LANDSCAPE PLAN CHECK & INSPECTIONS
5/15/2023 KALAMAL LLC OUTDOOR OPERATIONS GRANT REIMBURSEMENT FOR SDRW
5/15/2023 KATHLEEN AHERN PHOTOGRAPHY CITY COUNCIL PHOTOS
5/15/2023 KENYATTA ALI REC CLASS INSTRUCTOR
5/15/2023 KINDERMUSIK W/ MS LINDSAY & FRIENDS, INC. REC CLASS INSTRUCTOR
5/15/2023 KINDERMUSIK W/ MS LINDSAY & FRIENDS, INC. REC CLASS INSTRUCTOR
5/15/2023 LANGUAGE LINE SERVICES LANGUAGE LINE SERVICES FOR APR 2023
5/15/2023 LANLOGIC INC. NETWORK MONITORING 24/7 FY22-23
5/15/2023 LANLOGIC INC. LANLOGIC UMBRELLA OPEN DNS WEB PROTECTION
5/15/2023 LANLOGIC INC. INFORMATION SYSTEMS CONSULTING SVCS
5/15/2023 LSA ASSOCIATES INC. CEQA DOC PREP-RIGHETTI PROPERTY STAGE 2
5/15/2023 LSA ASSOCIATES INC. CEQA DOC PREP FOR QUARRY LN SCHOOL PAC
5/15/2023 MICHAEL BAKER INT'L, INC. CONSULTING SVCS-AFFORDABLE RENTAL HOUSING
5/15/2023 MINUTEMAN PRESS LLAD 1986-1 MAILING
5/15/2023 MINUTEMAN PRESS LLAD 1983-2 MAILING
5/15/2023 MNS ENGINEERS, INC. FALLON SPORTS PARK PH3 PW INSPECTIONS MAR 2023
5/15/2023 PAKPOUR CONSULTING GROUP, INC. ENGINEERING SERVICES - APR 2023
5/15/2023 PAKPOUR CONSULTING GROUP, INC. CONSTRUCTION MGMT-FALLON SPORTS PARK PH3 APR 2023
5/15/2023 PAKPOUR CONSULTING GROUP, INC. ENGINEERING SERVICES - JAN 2023
5/15/2023 PG&E B6 SERVICE TO FSP 04/05/23
5/15/2023 PG&E B10S SERVICE TO EGP 04/12/23
5/15/2023 PG&E B6 PARK IRRIGATION 04/06/23
5/15/2023 PG&E B6 SERVICE TO BRAY CMMN 04/12/23
5/15/2023 PG&E TC1 SERVICE TO VARIOUS 3/10-4/06
5/15/2023 PG&E SERVICE TO PSC 04/16/23
5/15/2023 PG&E TC1 SERVICE TO TASSAJARA 04/10/23
5/15/2023 PG&E TC1 SERVICE TO FALLON 04/13/23
5/15/2023 PG&E TC1 SERVICE TO 3544 DB 04/13/23
5/15/2023 PG&E LS2-A SERVICE TO ARN & MART 04/17/23
5/15/2023 PG&E LS2-A SERVICE TO CENTRAL 04/17/23
5/15/2023 PG&E Al SERVICE TO SR CTR 04/12/23
5/15/2023 PG&E LS2-A SERVICE TO AVELLINA 04/13/23
5/15/2023 PG&E B1 SERVICE TO PSC 04/16/23
5/15/2023 PG&E A6 SERVICE TO FS18 04/12/23
5/15/2023 PRO CYCLES POLICE MOTORCYCLE MAINTENANCE
5/15/2023 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - SHANNON -APR 2023
5/15/2023 PRUDENTIAL OVERALL SUPPLY MAT SERVICES - CORP YARD - MAY 2023
5/15/2023 R. YOUNAN LLC REC CLASS INSTRUCTOR
5/15/2023 R. YOUNAN LLC REC CLASS INSTRUCTOR
5/15/2023 RON HSI TRI-VALLEY AIKIDO REC CLASS INSTRUCTOR
5/15/2023 ROUTEWARE,INC. RECYCLIST PROGRAM TRACKER SUBSCRIPTION
5/15/2023 S & J ADVERTISING INC MARKET PLACE AD IN YOUR TOWN MONTHLY
5/15/2023 SCA OF CA LLC STREET SWEEPING SERVICES APR 2023
5/15/2023 SELECT IMAGING RETIREMENT CLOCKS
5/15/2023 SELECT IMAGING CODE ENFORCEMENT THANK YOU CARDS
5/15/2023 SIERRA SINGLE PLY, INC PERMIT REFUND FOR PERMIT #BLDG-2022-02463
5/15/2023 SIRCHIE ACQUISITION COMPANY LLC EVIDENCE SUPPLIES
5/15/2023 SIRCHIE ACQUISITION COMPANY LLC EVIDENCE SUPPLIES
5/15/2023 SMITH ART CONSERVATION PUBLIC ART CLEANING, REPAIR, AND CONSERVATION
5/15/2023 SPECIAL EVENTS SPECIAL EVENT EQUIPMENT RENTAL
5/15/2023 SPECIAL EVENTS SPECIAL EVENT EQUIPMENT RENTAL
5/15/2023 SPECTRUM COMMUNITY SVCS INC. HUMAN SERVICES GRANT
5/15/2023 STANFORD HEALTH -VALLEYCARE OCCUPATIONAL SEASONAL HIRING TB TESTS
5/15/2023 SWA GROUP JORDAN RANCH NEIGHBORHOOD SQ DESIGN MAR 2023
5/15/2023 THE CITIES GROUP A JOINT POWERS AUTHORITY WORKERS COMP & SAFETY COMPLIANCE ASSMNT 4/1-6/30
5/15/2023 THE ECOHERO SHOW, LLC. SB1383 LITER REDUCTION, RECYCLING AND WASTE SORTIN
212.69
1,160.00
450.00
1,729.42
5,792.07
1,328.03
30,393.63
1,512.00
675.00
405.00
4,732.04
248.02
405.00
544.80
1,362.00
60.64
637.50
1,050.00
13,664.00
87.50
7,133.75
4,465.00
1,026.90
777.27
1,516.68
22,019.00
12,563.50
10,076.00
2,828.76
1,167.95
3,051.71
84.70
9,507.45
6,772.94
107.90
110.82
102.00
77.58
11.03
1,272.96
316.41
3,193.33
937.85
630.68
70.40
49.97
866.40
273.60
72.00
900.00
350.00
22,180.21
666.58
186.29
11,948.00
43.48
220.38
5,575.00
21,033.35
14,383.91
1,619.54
571.00
22,429.50
622.30
3,600.00
146
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 6 of 9
5/15/2023
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5/15/2023
Payments Dated 5/1/2023 through 5/31/2023
THE ECOHERO SHOW, LLC.
THE INDEPENDENT
TIMECLOCK PLUS, LLC.
T-MOBILE USA, INC.
TREASURER ALAMEDA COUNTY GENERAL
TRI-SIGNAL INTEGRATION INC
TRI-SIGNAL INTEGRATION INC
TRI-VALLEY COMMUNITY TV
TRI-VALLEY JANITORIAL INC.
TRI-VALLEY JANITORIAL INC.
UNIVAR SOLUTIONS
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
UNIVERSAL BUILDING SERVICES & SUPPLY CO.
US BANK - PARS
WARREN PAYLADO
WARREN PAYLADO
WC3-WEST COAST CODE CONSULTANT
WEE HOOP, INC.
5/17/2023 UNUM LIFE INS CO OF AMERICA
5/19/2023 DELTA DENTAL OF CALIFORNIA
5/19/2023 VISION SERVICE PLAN - (CA)
5/22/2023
5/22/2023
5/22/2023
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5/22/2023
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5/22/2023
5/22/2023
5/22/2023
5/22/2023
5/22/2023
4LEAF INC.
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
A4 PROMOTIONS & INCENTIVES
ADITYA T. BABU CLUB V.I.P. VOLLEYBALL
ADITYA T. BABU CLUB V.I.P. VOLLEYBALL
ADVANCED MOBILITY GROUP
ALAMEDA COUNTY FIRE DEPARTMENT ATTN:
ALAMEDA COUNTY FIRE DEPARTMENT ATTN:
ALAMEDA COUNTY FIRE DEPARTMENT ATTN:
ALL SEASONS ROOFING & WATERPROOFING, INC.
ANGEL HOUZE CLAY ART C/O JULIE P. KARTONO
AT&T
AT&T
AT&T - CALNET 3
AT&T - CALNET 3
BAKER TILLY US, LLP
BAKER TILLY US, LLP
BAY ALARM COMPANY
BEST LOCKERS, LLC
BICENTENNIAL SQUARE PARTNERS
BIG O'TIRES #7
BRIARHILL SWIM TEAM
BUBBLEMANIA AND COMPANY LLC
CALEHS ATTN: JOE MOULTON
CARBONIC SERVICE
CDW GOVERNMENT INC
CHRISTINE PETIT
CITY OF PLEASANTON
COMPLETELY IT
CUE AUDIO, INC.
SB1383 LITER REDUCTION, RECYCLING AND WASTE SORTIN
ADVERTISMENT FOR ST. PATS EVENT
TIMECLOCK PLUS
PIO & PW CELL PHONE SERVICES THROUGH 4/21/23
FUEL - MAR 2023
FIRE ALARM TESTING F/S 16, 17, 18
FIRE ALARM TESTING LIBRARY
RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS
JANITORIAL SERVICES - APR 2023
JANITORIAL SERVICES - EXTRA SERVICES - APR 2023
THE WAVE POOL CHEMICALS
CARPET & WINDOW CLEANING SERVICES - APR 2023
CARPET & WINDOW CLEANING SERV - SHANNON APR 2023
CARPET & WINDOW CLEANING SERVICES FS16 APR 2023
CARPET & WINDOW CLEANING SERVICES FS17 APR 2023
CARPET & WINDOW CLEANING SERVICES WAVE APR 2023
CARPET & WINDOW CLEANING SERVICES -SENIOR APR 2023
CARPET & WINDOW CLEANING SERVICES - FS18 - APR 2023
PARS: PE 5/5/23
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
EPROCESS360 SUBSCRIPTION FEE APR 2023
REC CLASS INSTRUCTOR
LIFE AND AD&D PREMIUM - APR 2023
Payments Issued 5/15/2023 Total:
Payments Issued 5/17/2023 Total:
DELTA DENTAL PREMIUM - APR 2023
VISION INSURANCE PREMIUM - APR 2023
Payments Issued 5/19/2023 Total:
BUILDING INSPECTION AND PLAN REVIEW - APR 2023
CITY COUNCIL BUSINESS CARDS
BUSINESS CARDS
BUSINESS CARDS
PRINTING OF HUMAN SERVICES POCKET GUIDES
5K FUN RUN STEP AND REPEAT
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
TRAFFIC SIGNAL SYSTEMS SUPPORT SVCS MAR 2023
FIRE SERVICES FY22-23 APR 2023
FIRE SERVICES FY22-23 MAR 2023
FIRE SERVICES FY22-23 MAY 2023
GAF ROOF WARRANTY REPAIR - MAR 2023
REC CLASS INSTRUCTOR
SERVICE TO PSC 05/01/2023
PSC 600M INTERNET & VOIP SERVICES
ASE CIRCUITS TO 4/30/23
HERITAGE 9391018979
CITY COUNCIL TEAM BUILDING WORKSHOP 2023
CITY MANAGER EVALUATION 2023
ALARM SERVICES - WAVE SNACK BAR MAY 2023
THE WAVE LOCKER SERVICE
YEAR 3 SALES TAX REIMBURSEMENT
POLICE VEHICLE MAINT & TIRE INSTALLATION
VRE CITIZEN OF THE YEAR AWARDEE
ON SITE FIELDTRIP FOR CAMPS
DESIGNATED UST OPERATOR INSP. SVCS - APR 2023
THE WAVE POOL CHEMICALS & MAINTENANCE
ZOOM VIDEO SOFTWARE LICENSING
REC CLASS INSTRUCTOR
TRI-VALLEY CITIES COUNCIL DINNER MEETING - 5/24/23
SPORTS SOFTWARE AND TRAINING
SMART PHONE APP FOR FUTURE PCS EVENTS
2,700.00
1,350.00
15,599.76
142.46
16,138.35
126.00
323.75
1,908.04
22,217.83
5,360.32
2,902.20
600.47
1,377.05
359.65
553.79
878.43
318.27
315.09
2,961.83
480.60
160.20
33,010.00
1,493.40
4,700,582.68
11,172.93
11,172.93
14,264.95
2,085.85
16,350.80
54,959.50
583.08
61.81
102.20
1,897.62
390.60
540.00
855.00
1,185.00
1,299,913.08
1,336,384.84
1,299,913.08
1,384.00
180.00
88.05
2,059.53
2,327.24
24.29
11,990.00
8,000.00
11.00
6,780.06
135,500.13
189.37
300.00
320.00
300.00
526.52
18,000.00
681.60
520.00
1,669.00
6,375.00
147
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 7 of 9
5/22/2023
5/22/2023
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5/22/2023
Payments Dated 5/1/2023 through 5/31/2023
CUSTOM DESIGNS & SPORT INC
DAVID L. GATES & ASSOCIATES, INC.
DEBBIE BELL
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DEPT OF INDUSTRIAL RELATIONS
DSRSD
ECUBE LABS CO.
EDEN I & R INC
ETUAJIE HALBERT
EUROPEAN MOBILE WERKS
FRANCISCO & ASSOCIATES, INC.
GOODFELLOW SEQUOIA AJV
HF&H CONSULTANTS, LLC
IRON MOUNTAIN
JACQUI HATZIKOKOLAKIS
JAYDEN OLINGHOUSE-CHIANG
JAYDEN OLINGHOUSE-CHIANG
JENNIFER JOHNSON
JOHNSON CONTROLS SECURITY SOLUTIONS, LLC.
JOHNSON CONTROLS SECURITY SOLUTIONS, LLC.
KEYSER MARSTON ASSOCIATES, INC
KEYSER MARSTON ASSOCIATES, INC
KIDZ LOVE SOCCER
KIM BONATO
KINDERMUSIK W/ MS LINDSAY & FRIENDS, INC.
KINDERMUSIK W/ MS LINDSAY & FRIENDS, INC.
KITTELSON & ASSOCIATES, INC.
LEAGUE OF CALIFORNIA CITIES EAST BAY DIVISION
MARC SISTO
MARISSA CLEVENGER
MARSHA MOORE
MATTHEW AINI
MICHELLE SUNG
MINUTEMAN PRESS
NICOLE WANZENRIED
PG&E
PG&E
PRATYUSH BHATIA
PRIME TIME ENTERTAINMENT
PRIME TIME ENTERTAINMENT
PYTHON RON'S REPTILE KINGDOM
QUADIENT FINANCE USA, INC.
RAYNE OF SAN JOSE
RAYNE OF SAN JOSE
RAYNE OF SAN JOSE
RHONDA CHASE
ROSEMARY ALEX
RRM DESIGN GROUP, A CA CORP
SHALINI REDDY
SHANNAN YOUNG
SHUMS CODA ASSOCIATES INC
SIERRA INSTALLATIONS, INC
SIMPLER SYSTEMS, INC
SMITH ART CONSERVATION
SNG & ASSOCIATES INC.
SNG & ASSOCIATES INC.
ST. FRANCIS ELECTRIC, LLC.
TETRA TECH, INC.
TRB AND ASSOCIATES, INC.
STAFF UNIFORMS AND PROGRAM SHIRTS
PLAYGROUND ANNUAL SAFETY INSPECTIONS APR 2023
MILEAGE APR 2023
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01039
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01035
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01036
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01040
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01037
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01033
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01038
OSHA INSPECTION AND CLASSIFICATION FEE RIDE P01034
SERVICE TO 4/30/2023
CLEANCITYNETWORKS SOFTWARE SUBSCRIPTION
ALAMEDA COUNTY 2-1-1 SERVICES
CLAIM FOR REIMBURSEMENT
POLICE VEHICLE MAINTENANCE
ADMIN & AUDIT SVCE FOR CITY ASSESSMENT DISTRICTS
IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD PROJ
SOLID WASTE FRANCHISE AGREEMENT AMENDMENT
POLICE RECORDS STORAGE
MILEAGE REIMBURSEMENT FOR JAN-MAY 2023
MILEAGE REIMBURSEMENT FOR NOV 2022
MILEAGE REIMBURSEMENT FOR DEC 2022
MILEAGE REIMBURSEMENT -APR 2023
ALARM SERVICES - CIVIC CNTR - JUNE 2023
ALARM SERVICES - PSC FIRE - JUNE 2023
REAL ESTATE CONSULTING SERVICES
REAL ESTATE CONSULTING SERVICES
REC CLASS INSTRUCTOR
MILEAGE REIMBURSEMENT - APR 2023
REC CLASS INSTRUCTOR
REC CLASS INSTRUCTOR
TRAFFIC ANAYLYSIS HACIENDA CROSSINGS FEB 2023
EB DIV MTG: HERNANDEZ, MCCORRISTON JOSEY, QAADRI
MILEAGE REIMBURSEMENT APR 2023
EMPLOYEE REIMBURSEMENT
CCAC CONFERENCE EXPENSES
PLANNING COMMISSION CONFERENCE
MILEAGE REIMBURSEMENT
PRESCHOOL REG BANNER
MILEAGE REIMBURSEMENT - APR 2023
LS2-A EAST DUBLIN 04/17/23
LS2-A SERVICE TO EAST DUBLIN 04/17/23
EMPLOYEE REIMBURSEMENT
SOUND EQUIPMENT RENTAL -SPECIAL EVENTS
SOUND EQUIPMENT RENTAL -SPECIAL EVENTS
ON SITE FIELD TRIP - BRINGING REPTILES TO SITE
MAIL MACHINE LEASE
WATER SOFTENER SERVICES FS16 MAY 2023
WATER SOFTENER SERVICES FS17 MAY 2023
WATER SOFTENER SERVICES FS18 MAY 2023
DESIGN & PAINT LITTLE LIBRARY BOXES
MILEAGE REIMBURSEMENT REQUEST
ENGINEERING SVCS-PLAN REVIEW APR 2023
MILEAGE REIMBURSEMENT - APR 2023
SHANNAN YOUNG - MILEAGE APR 2023
PLAN REVIEW SERVICES - APR 2023
GREEN CIVIC LIGHTS FOR ST. PATS
SIMPLER SOFTWARE LICENSING SUPPORT
PUBLIC ART CLEANING, REPAIR, AND CONSERVATION
ENGINEERING PLAN REVIEW SERVICES - NOV 2022
ENGINEERING PLAN REVIEW SERVICES - OCT 2022
CONDUIT INSTALLATION
TRI-VALLEY LOCAL HAZARD MITIGATION PLAN
PLAN REVIEW AND INSPECTION SERVICES - APR 2023
7,107.27
19,800.00
99.04
415.00
803.75
803.75
366.25
755.00
803.75
755.00
803.75
986.14
1,500.00
13,071.00
5,775.00
350.00
7,620.00
135,945.95
651.25
372.67
25.35
296.50
114.38
20.04
512.52
1,197.91
4,790.00
4,479.60
4,690.87
20.31
1,062.00
1,032.00
1,575.00
200.00
75.33
123.69
177.71
165.43
48.72
76.50
46.83
17,206.00
16,301.93
104.71
1,320.00
4,600.00
495.00
234.65
225.40
247.00
194.35
500.00
23.84
366.00
49.39
54.45
270.00
962.50
1,500.00
6,000.00
20,055.25
29,111.75
431,966.90
4,671.25
37,610.00
148
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 8 of 9
5/22/2023 TREASURER ALAMEDA COUNTY
5/22/2023 VANESSA THOMAS
5/22/2023 VERIZON WIRELESS
5/22/2023 VERTIGIS
5/22/2023 WHENTOWORK, INC.
5/22/2023 WORLD CUP SOCCER CAMPS CLINICS
5/22/2023 W-TRANS
5/25/2023 RETIREE MEDICAL EFT
5/25/2023 U S BANK ST. PAUL
5/26/2023 CAL PERS
5/26/2023 EMPLOYMENT DEVELOPMENT DEPT
5/26/2023 U.S. BANK CORPORATE PMT SYSTEM
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
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5/30/2023
5/30/2023
5/30/2023
5/30/2023
Payments Dated 5/1/2023 through 5/31/2023
ALAMEDA COUNTY CLERK
ALAMEDA COUNTY FLOOD CONTROL
ALL CITY MANAGEMENT SVCS INC
ALL CITY MANAGEMENT SVCS INC
ARROW SIGN COMPANY
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T
AT&T - CALNET 3
BIG O'TIRES #7
BIG O'TIRES #7
BLAISDELL'S BUSINESS PRODUCTS
BLAISDELL'S BUSINESS PRODUCTS
BLAISDELL'S BUSINESS PRODUCTS
BRIAN KEITH
BRIAN KEITH
CA DEPT OF FISH & WILDLIFE
CARBONIC SERVICE
CENTRO LEGAL
CITY OF PLEASANTON
CITY OF PLEASANTON
CONSOR NORTH AMERICA, INC.
CRIME SCENE CLEANERS INC.
CRIME SCENE CLEANERS INC.
CRIME SCENE CLEANERS INC.
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
CSW/STUBER-STROEH ENGINEERING GROUP, INC.
DUBLIN CHAMBER OF COMMERCE
EAST BAY POOL SERVICE, INC.
EUROPEAN MOBILE WERKS
EUROPEAN MOBILE WERKS
GERALD F JOHNSON
GVP VENTURES INC
HEALTHEQUITY, INC.
DUBLIN POLICE SERVICES 01/08/23-03/04/23
PAINTED LITTLE LIBRARY BOX
VERIZON
ANNUAL GEOCORTEX GIS SOFTWARE MAINTENANCE
ONLINE SCHEDULING AT WHENTOWORK 12 MONTHS
REC CLASS INSTRUCTOR
BASIS SCHOOL TRAFFIC STUDY MAR 2023
Payments Issued 5/22/2023 Total:
RETIREE MEDICAL
2021 FA LEASE REVENUE BONDS 22-23 PAYMENT #2
Payments Issued 5/25/2023 Total:
PERS RETIREMENT PLAN: PE 5/19/23 & MAY COUNCIL
CA STATE WITHHOLDING: PE 5/19/23
PURCHASE CARD STATEMENT — MAR 2023
Payments Issued 5/26/2023 Total:
NOTICE OF EXEMPTION -HOLD FOR PICK UP
Q3PERMITS & TRACTS FY22/23
SCHOOL CROSSING GUARD SVCS
SCHOOL CROSSING GUARD SVCS
MANUFACTURE & INSTALL MEDIAN MARKERS MAR 2023
SERVICE TO WAVE 5/12/23
SERVICE TO SHANNON 5/12/23
SERVICE TO SR ALARM 5/12/23
SERVICE TO CIVIC 5/12/23
SERVICE TO LIBRARY 911 5/14/23
SERVICE TO CY 5/14/23
SERVICE TO CY FAX 5/14/23
SERVICE TO PSC FIRE ALARM 5/14/23
SERVICE TO FSP FAX 5/14/23
SERVICE TO FS18 5/14/23
SERVICE TO CY 5/14/23
SERVICE TO BLDG INSP 5/14/23
SERVICE TO ELEVATOR 05/14/23
SERVICE TO PD 5/14/23
POLICE VEHICLE MAINT & TIRE INSTALLATION
POLICE VEHICLE MAINT & TIRE INSTALLATION
OFFICE SUPPLIES FEB 2023
OFFICE SUPPLIES APR 2023
OFFICE SUPPLIES MAR 2023
HERITAGE PARK PUBLIC ART PROJECT
HERITAGE PARK PUBLIC ART PROJECT
CA DEPT. FISH WILD PERMIT FEES
THE WAVE POOL CHEMICALS & MAINTENANCE
HUMAN SERVICE GRANT FY2022-23
Q3 REMITTANCE FY22/23
SHARED COST OF LEGISLATIVE ADVOCACY SERVICES
BRIDGE ASSET INSPECTION TRAINING WITH 3/1-3/31/23
CRIME SCENE CLEANING
CRIME SCENE CLEANING
CRIME SCENE CLEANING
PLANNING & PRELIMINARY ENGINEERING VILLAGE PARKWAY
GREEN STORMWATER INFRASTRUCTURE ENG SVCS
PLANNING & PRELIMINARY ENGINEERING VILLAGE PARKWAY
CHAMBER OF COMMERCE - STATE OF THE CITY TICKETS
MONTHLY POOL SERVICE
POLICE VEHICLE MAINTENANCE
POLICE VEHICLE MAINTENANCE
ON SITE FIELDTRIPS FOR SUMMER CAMPS
FINANCE DIRECTOR EXECUTIVE RECRUITMENT
HEALTHEQUITY: PE 5/19/23
3,903,331.92
500.00
209.22
6,016.00
975.00
3,893.40
4,142.50
8,906,665.27
199,530.29
994,025.00
1,193,555.29
86,935.05
21,666.50
39,822.90
148,424.45
50.00
117,680.31
19,916.28
20,310.78
20,461.00
92.53
206.27
164.78
103.38
24.29
47.04
24.29
47.04
47.04
69.78
229.29
24.29
92.53
24.29
60.75
167.64
944.48
1,799.80
2,103.16
52,500.00
52,500.00
6,236.00
520.76
1,550.84
20,413.07
30,000.00
268.00
1,500.00
100.00
100.00
14,222.25
17,831.00
23,871.00
420.00
990.00
632.38
243.03
441.25
8,011.87
3,303.07
149
City of Dublin
Payment Issuance Report
Print Date: 6/6/2023
Page 9 of 9
5/30/2023
5/30/2023
5/30/2023
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5/30/2023
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5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
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5/30/2023
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5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
5/30/2023
Payments Dated 5/1/2023 through 5/31/2023
HERC RENTALS INC.
HERC RENTALS INC.
HERC RENTALS INC.
ICMA 401 PLAN
ICMA457PLAN
INTERNAL REVENUE SERVICE
IPERMIT
JENNIFER B. HUBER
RETIREE MEDICAL MANUAL CHECK
LEE & ASSOCIATES RESCUE EQUIP
LIVERMORE AUTO GROUP
PAKPOUR CONSULTING GROUP, INC.
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PG&E
PHOENIX GROUP INFO SYS.
PINNACLE PROMOTIONS
PLEASANTON VIP SENIOR CLUB
PLEASANTON VIP SENIOR CLUB
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
PRUDENTIAL OVERALL SUPPLY
RAJBIIR SINGH RR PIZZA INC
REDWOOD TOXICOLOGY LAB. INC.
REDWOOD TOXICOLOGY LAB. INC.
RETIREE MEDICAL MANUAL CHECK
SIMPLER SYSTEMS, INC
SIMPLER SYSTEMS, INC
SPANDEX ENTERTAINMENT LLC
STONERIDGE CHRYSLER JEEP DODGE
STONERIDGE CHRYSLER JEEP DODGE
STONERIDGE CHRYSLER JEEP DODGE
STONERIDGE CHRYSLER JEEP DODGE
STONERIDGE CHRYSLER JEEP DODGE
TIREHUB, LLC.
T-MOBILE USA, INC.
T-MOBILE USA, INC.
TREASURER ALAMEDA COUNTY
TREASURER ALAMEDA COUNTY
TREASURER ALAMEDA COUNTY GENERAL
TREASURER ALAMEDA COUNTY PW AGENCY-
TRI-VALLEY JANITORIAL INC.
TRI-VALLEY JANITORIAL INC.
TRI-VALLEY TRANSPORT. COUNCIL
US BANK - PARS
5/31/2023 CITY OF PLEASANTON
CITY EVENT (ST PATS) ELECTRICAL RENTAL
CITY EVENT (ST PATS) ELECTRICAL RENTAL
CITY EVENT (ST PATS) ELECTRICAL RENTAL
DEFERRED COMP 401A: PE 5/19/23
DEFERRED COMP 457: PE 5/19/23 & MAY COUNCIL
FEDERAL WITHHOLDING: PE 5/19/23 & MAY COUNCIL
PERMIT REFUND FOR CXLD PERMIT BLDG-2023-00872
REPAINT UTILITY BOX - DUBLIN BLVD & SCARLET
RETIREE MEDICAL
ROPE ACCESS TRAINING, EQUIP INSPECTION & REPORT
POLICE VEHICLE MAINT & REPAIRS
FIBER NETWORK RESEARCH PROJECT 4/30/23
B1 IRRIG 2979 THREE CASTLES 04/27/23
SERVICE TO CIVIC CENTER 04/16/23
SERVICE TO CORP YARD 05/01/23
SERVICE TO SHANNON CENTER 05/01/23
A6 SERVICE TO FS17 5/7/23
TC1 SERVICE TO DB 05/05/23
LS2-A SERVICE TO 5/8/23
SERVICE TO WAVE 5/7/23
SERVICE TO LIBRARY 5/1/23
CITATION PROCESSING
JW COACH AWARDS
SENIOR TRIPS AND TOURS - SF MOVIE TOUR
SENIOR TRIPS AND TOURS - RIVERDANCE
MAT SERVICES - SENIOR - MAY 2023
MAT SERVICES - PSC - MAY 2023
MAT SERVICES - CIVIC - MAY 2023
MAT SERVICES - WAVE - MAY 2023
MAT SERVICES - SHANNON - MAY 2023
MAT SERVICES - CORP YARD - MAY 2023
REC SWIM PIZZA MAR - APR 2023
TOXICOLOGY SERVICES
TOXICOLOGY SERVICES
RETIREE MEDICAL
CONSULTING SERVICES (MAR 2023 - TRAVIS KIMES)
IMPLEMENT SIMPLER 2.0 APR 2023 TRAVIS KIMES
6/15/23 SUMMER CONCERT PERFORMANCE
POLICE VEHICLE MAINTENANCE & REPAIR
POLICE VEHICLE MAINTENANCE & REPAIR
POLICE VEHICLE MAINTENANCE & REPAIR
POLICE VEHICLE MAINTENANCE & REPAIR
POLICE VEHICLE MAINTENANCE & REPAIR
POLICE VEHICLE MAINTENANCE
TOWER SEARCHES
TOWER SEARCHES
LATENT FINGERPRINT SERVICES
PARKING CITATIONS COLLECTED
FUEL - APR 2023
TREASUR OF ALAM. COUNTY PERMIT
JANITORIAL SUPPLIES - MAR 2023
JANITORIAL SUPPLIES - APR 2023
Q3 REMITTANCE FY22/23
PARS: PE 5/19/23
Payments Issued 5/30/2023 Total:
TVBID FEES COLLECTED FOR JAN- MAR 2023
Payments Issued 5/31/2023 Total:
23,102.51
463.22
877.99
1,338.80
31,746.80
70,627.84
202.40
500.00
807.06
11,900.00
485.08
6,848.50
23.13
4,642.19
1,658.24
236.88
458.23
78.98
1,997.54
24,124.74
1,082.64
436.51
154.23
460.00
508.00
91.75
50.59
94.93
58.63
85.98
49.97
1,334.04
1,181.00
91.80
2,067.12
1,644.65
2,046.10
4,000.00
165.49
155.41
155.84
144.72
155.84
1,284.59
300.00
150.00
221.09
1,265.50
14,770.07
5,000.00
4,855.27
4,444.15
319,194.85
4,574.06
974,740.51
109,852.91
109,852.91
Grand Total for Payments Dated 5/1/2023 through 5/31/2023: 19,380,166.08
Total Number of Payments Issued: 420
150
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.7
SU B.ECT : Regional Street Residential Project Affordable Housing Assistance Agreement
(PLPA-2021-00035)
Prepared by: Jason Earl, Senior Management Analyst
EXECUTIVE SUMMARY:
The City Council will consider approving an Affordable Housing Assistance Agreement with Eden
Housing's controlled affiliate, Corona/Ely Ranch, Inc., for the development of the 113-unit low -
and very -low-income affordable housing project located at 6541-6543 Regional Street.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Affordable Housing Assistance Agreement Between the City
of Dublin and Corona/Ely Ranch, Inc. and approve the budget change.
FINANCIAL IMPACT:
Funding to support construction of the proposed affordable housing project includes a $1 million
predevelopment loan from the City's Affordable Housing Fund, a $3.3 million Local Housing Trust
Fund loan funded by a grant from the California Department of Housing and Community
Development, the dedication of a 1.33-acre site at 6541-6543 Regional Street valued at
approximately $5 million, and about $5 million from Dublin's allocation of the Alameda County
Measure A-1 Bond funds.
DESCRIPTION:
Background
Eden Housing proposes to develop a 1.33-acre site that is currently occupied by a one-story
commercial building. The site is located at the corner of Regional Street and the future extension
of St. Patrick Way at 6541-6543 Regional Street as shown in Figure 1. The property is bound by
commercial uses and I-580 to the south, the future 499-unit Avalon West project to the east, the
future extension of St. Patrick Way and commercial uses to the north, and Regional Street and
commercial uses to the west.
Page 1 of 4
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Fi _ure 1. Location Map
The project site is located in the Transit -Oriented District of the Downtown Dublin Specific Plan
(DDSP) as shown in Figure 2.
Fi • ure 2. Transit -Oriented District Vicinit M
Transit -Oriented District
On May 1, 2018, the City entered into a Community Benefit Agreement for the 499-unit Avalon
West project, which outlined contributions in exchange for those units. Those contributions
included dedication of the 1.33-acre site to the City or its designee. Eden Housing was selected as
the City's designee and Staff began working with Eden Housing on an affordable housing project
proposal for this site.
On July 21, 2020, the City Council authorized the City Manager to submit a Local Housing Trust
Page 2 of 4
152
Fund (LHTF) grant application to the California Department of Housing and Community
Development for the purpose of funding an affordable housing project on the subject property. On
February 3, 2021, the City was awarded an approximately $3.3 million LHTF grant for the project.
On March 16, 2021, the City Council authorized the City Manager to enter into an Option
Agreement with Eden Housing's controlled affiliate Corona/Ely Ranch, Inc., for the subject
property. The Option Agreement ensured the City's interest in the development of the subject
property with affordable housing. The Option Agreement also requires Eden to enter into an
Affordable Housing Assistance Agreement with the City within six months of executing the Option
Agreement; that requirement was extended. The City Council also acknowledged Eden's request
for a $1 million predevelopment loan from the City's Affordable Housing Fund, to be brought back
for consideration at a future date.
On October 5, 2021, the City Council authorized commitment of $5,048,319 of Alameda County
Measure A-1 Bond Funds to assist with development of the project.
Eden Housing applied for and received Site Development Review Permit approval by the Planning
Commission on November 23, 2021 (Resolution No. 23-21). On December 7, 2021, the City Council
approved a Community Benefit Program Agreement (CBA) with Eden Housing for the Regional
Street project (Resolution No. 137-21). The CBA allocates 113 units to the project in exchange for
certain benefits. These benefits include a project with 100% of the units affordable (except for the
manager's unit) to households earning no more than 60% of area median income, with 30% of the
units affordable to households earning no more than 30% of area median income. The term of the
agreement runs through December 2025, unless extended. Eden has applied for building permits
and is actively seeking funding sources. The five -story, 113-unit rental project will include 55
studios, 57 one -bedrooms and one unrestricted, two -bedroom manager's unit.
Eden Housing is currently requesting approval of an Affordable Housing Assistance Agreement, a
$1 million predevelopment loan from the City's Affordable Housing Fund requiring a budget
change (Attachment 3), and a $3.3 million LHTF loan.
Analysis
The Affordable Housing Assistance Agreement (AHAA) would be entered into with Eden Housing's
controlled affiliate, Corona/Ely Ranch, Inc. The AHAA sets forth the terms for the City's financial
assistance to the Regional Street Senior Affordable Housing Project.
The Predevelopment Loan of $1 million would be funded by the City's Affordable Housing Fund.
The loan begins bearing interest at the date the Promissory Note is completed at 3% interest until
repayment. The Predevelopment Loan is due and payable at Construction Loan Closing.
The LHTF Loan of $3.3 million would be funded by a grant from the California Department of
Housing and Community Development. The loan begins bearing interest at the date the
Promissory Note is completed at 3% interest until repayment. The LHTF Loan is to be repaid via
the City's pro rata percentage of 50% of the residual receipts and is due and payable no later than
the 55th anniversary of the date that a final certificate of occupancy is issued by the City of Dublin.
Page 3 of 4
153
The City Council Resolution approving the Affordable Housing Assistance Agreement is included
as Attachment 1, with the Agreement included as Attachment 2.
ENVIRONMENTAL REVIEW:
This information report is not subject to the requirements of the California Environmental 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:
Strategy 2: Housing Opportunities
Objective D: Facilitate production of affordable housing for lower income seniors, workforce, and
special needs households.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and a copy of this Staff Report was provided to the Applicant.
ATTACHMENTS:
1) Resolution Approving an Affordable Housing Assistance Agreement between the City of Dublin
and Corona/Ely Ranch, Inc.
2) Exhibit A to the Resolution - Affordable Housing Assistance Agreement
3) Budget Change Form
Page 4 of 4
154
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AFFORDABLE HOUSING ASSISTANCE AGREEMENT BETWEEN THE
CITY OF DUBLIN AND CORONA/ELY RANCH, INC.
WHEREAS, Eden Housing is seeking approval of an Affordable Housing Assistance
Agreement for the 113-unit Regional Street Senior Affordable Housing Project, within walking
distance of the West Dublin/Pleasanton BART Station within the Downtown Dublin Specific Plan
Transit -Oriented District (the "Development"); and
WHEREAS, on July 21, 2020, the City Council authorized the City Manager to submit a
Local Housing Trust Fund (LHTF) grant application to the California Department of Housing and
Community Development (HCD) for the Development, and the City was subsequently awarded
an approximately $3.3 million grant; and
WHEREAS, on March 16, 2021, the City Council adopted Resolution No. 23-21 approving
an Option Agreement between the City of Dublin and Eden Housing's controlled affiliate,
Corona/Ely Ranch, Inc. requiring that Corona/Ely Ranch, Inc. enter into an Affordable Housing
Assistance Agreement with respect to the Development; and
WHEREAS, on November23, 2021, the Planning Commission adopted Resolution No. 21-
11 approving a Site Development Review Permit for the Development; and
WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 137-21
approving a Community Benefit Program Agreement with Corona/Ely Ranch, Inc. with respect to
the Development; and
WHEREAS, on December 7, 2021, the City Council approved the Community Benefit
Agreement with Corona/Ely Ranch, Inc. allocating 113 Residential Allocations out of the
Development Pool established by the Downtown Dublin Specific Plan for the Development for
Affordable Senior and/or Special Needs Housing; and
WHEREAS, Corona/Ely Ranch, Inc. is requesting to enter into an Affordable Housing
Assistance Agreement for the Development which would provide a $1 million predevelopment
loan from the City using the City's Affordable Housing Funds "City Predevelopment Loan"); and
WHEREAS, pursuant to the Affordable Housing Assistance Agreement, Corona/Ely
Ranch, Inc. would execute a Secured Promissory Note ("City Predevelopment Loan Promissory
Note") promising to repay the City Predevelopment Loan, and a Deed of Trust, Assignment of
Rents, Security Agreement and Fixture Filing ("City Predevelopment Loan Deed of Trust")
securing the City Predevelopment Loan Promissory Note; and
WHEREAS, pursuant to the Affordable Housing Assistance Agreement, the City and
Corona/Ely Ranch, Inc. would execute an Affordable Housing Regulatory Agreement and
Declaration of Restrictive Covenants ("Regulatory Agreement") that would require all of the units
(except for one on -site manager's unit) to be rented at an affordable housing cost to low- and
extremely -low income households; and
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 155
WHEREAS, Corona/Ely Ranch, Inc. is also requesting a construction/permanent $3,333,
333 LHTF loan for the Development funded by the LHTF grant from HCD ("City
Construction/Permanent Loan"); and
WHEREAS, pursuant to the Affordable Housing Assistance Agreement, Corona/Ely
Ranch, Inc. would execute a Secured Promissory Note ("City Construction/Permanent Loan
Promissory Note") promising to repay the City Construction/Permanent Loan, and a Deed of Trust,
Assignment of Rents, Security Agreement and Fixture Filing ("City Construction/Permanent Loan
Deed of Trust") securing the City Construction/Permanent Loan Promissory Note; and
WHEREAS, Article 34 of the Constitution of California requires new "low rent housing
projects" that are "developed, constructed, or acquired" by public bodies be authorized by a public
vote, and pursuant to California Health and Safety Code Section 37001.5 the words "developed,
constructed, or acquired" as used in Article 34 of the Constitution of California "shall not be
interpreted to apply to activities of a state public body when that body...provides assistance to a
low -rent housing project and monitors construction or rehabilitation of that project and compliance
with conditions of that assistance to the extent of: (1) Carrying out routine governmental functions.
(2) Performing conventional activities of a lender. [and] (3) Imposing constitutionally mandated or
statutorily authorized conditions accepted by a grantee of assistance"; and
WHEREAS, the assistance to be provided by the City for the Development pursuant to the
Affordable Housing Assistance Agreement solely consists of (1) carrying out routine governmental
functions. (2) performing conventional activities of a lender. and (3) imposing constitutionally
mandated or statutorily authorized conditions accepted by a grantee of assistance within the
meaning of California Health and Safety Code Section 37001.5, and therefore is not subject to
the requirements of Article 34 of the Constitution of California; and
WHEREAS, the approval of this resolution shall be the date of the notice of funding
commitment and the date of adoption of the resolution approving this proposal for purposes of
California Health and Safety Code Section 36005.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin herby
approves the Affordable Housing Assistance Agreement, City Predevelopment Loan Promissory
Note, City Predevelopment Loan Deed of Trust, City Construction/Permanent Loan Promissory
Note, City Construction/Permanent Loan Deed of Trust, and Regulatory Agreement between the
City of Dublin and Corona/Ely Ranch, Inc., substantially in the form attached as Exhibit A to this
Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Affordable Housing Assistance Agreement and Regulatory Agreements, attached hereto as
Exhibit A, and make any necessary, non -substantive changes to such documents to carry out
the intent of this Resolution.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 156
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 157
Attachment 2
AFFORDABLE HOUSING ASSISTANCE
AGREEMENT
by and between
THE CITY OF DUBLIN
and
CORONA/ELY RANCH, INC.
(Regional Street Apartments)
158
AFFORDABLE HOUSING ASSISTANCE AGREEMENT
(Regional Street Apartments)
THIS AFFORDABLE HOUSING ASSISTANCE AGREEMENT (this "Agreement") is
entered into effective as of , 2023 ("Effective Date") by and between the CITY
OF DUBLIN, a California municipal corporation ("City"), and CORONA/ELY RANCH, INC., a
California nonprofit public benefit corporation ("Developer"). City and Developer are hereinafter
collectively referred to as the "Parties."
RECITALS
A. Developer is the owner of approximately 1.33 acres of previously developed real
property located at 6541- 6543 Regional Street in the City of Dublin, California (the "Property").
B. City and Developer have entered into a Community Benefit Program Agreement
dated December 7, 2021, as amended June 7, 2023, with respect to the proposed development of a
multifamily rental housing development on the Property for seniors and/or persons with special
needs, with not less than one hundred thirteen (113) apartment units (the "Development"). The
Community Benefit Program Agreement provides for Developer to construct the Development and
to restrict the rental of all of the apartment units in the Development to lower income persons at an
affordable rent. The Community Benefit Program Agreement further provides for the City to grant
the Development one hundred thirteen (113) Residential Allocations from the Downtown Dublin
Specific Plan.
C. In addition, City and Developer have entered into an Option Agreement dated March
16, 2021, pursuant to which the City was given an option to purchase the Property under certain
limited circumstances set forth in Section 2(b) thereof, including that the City and Developer have
not timely entered into a mutually acceptable Affordable Housing Assistance Agreement ("AHAA")
as described in Section 2(b)(i) thereof. The Parties intend that this Agreement shall satisfy the
condition set forth in Section 2(b)(i) of the Option Agreement that the City and Developer timely
enter into a mutually acceptable AHAA. This Agreement is not intended to satisfy, modify or
terminate the other two conditions to the exercise of the option as set forth in Section 2(b)(ii) and
Section 2(b)(iii) of the Option Agreement.
D. In order to financially assist the Development, City and Developer desire for City to
provide to Developer (a) a low -interest loan of One Million Dollars ($1,000,000) from the City's
Affordable Housing Fund to be used for predevelopment expenses (the "City Predevelopment
Loan"), and (b) a low -interest construction and permanent loan of Three Million Three Hundred
Thirty -Three Thousand Three Hundred Thirty -Three Dollars ($3,333,333) from the Local Housing
Trust Funds received by the City from the State of California to be used for construction expenses
(the "City Construction/Permanent Loan"), pursuant to the terms and conditions set forth in this
Agreement.
E. Developer has represented to the City, and the City has determined that the Developer
has the necessary expertise, skill and ability to carry out the commitments set forth in this
Agreement. The City has further determined that this Agreement is in the best interests of the City,
1
159
and will materially contribute to the improvement of the City by improving the supply of affordable
housing therein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and good
and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows.
ARTICLE I
DEFINITIONS
1.1. Definitions. The following terms shall have the meanings set forth in the Sections
referenced below whenever used in this Agreement and the Exhibits attached hereto. Additional
terms are defined in the Recitals and text of this Agreement.
(a) "Agreement" means this Affordable Housing Assistance Agreement,
including the attached Exhibits and all subsequent amendments to this Agreement and
implementation agreements.
(b) "Certificate of Completion" means the certificate to be provided by City to
Developer in accordance with Section 3.12, in the form attached hereto as Exhibit H.
(c) "City" means the City of Dublin, a California municipal corporation.
(d) "City Construction/Permanent Loan" means the loan from the City to the
Developer in the amount of Three Million Three Hundred Thirty -Three Thousand Three Hundred
Thirty -Three Dollars ($3,333,333), evidenced by the City Construction/Permanent Loan Promissory
Note.
(e) "City Construction/Permanent Loan Deed of Trust" means the deed of
trust that will encumber the Developer's interest in the Property to secure repayment of the City
Construction/Permanent Loan Promissory Note, and will be recorded against the Property,
substantially in the form attached hereto as Exhibit F_ and incorporated herein.
(f) "City Construction/Permanent Loan Promissory Note" means the
promissory note that will evidence the Developer's obligation to repay the City
Construction/Permanent Loan, substantially in the form attached hereto as Exhibit E and
incorporated herein.
(g) "City Deeds of Trust" shall mean the City Predevelopment Loan Deed of
Trust and City Construction/Permanent Loan Deed of Trust.
(h) "City Documents" means, collectively, this Agreement, the City
Predevelopment Loan Promissory Note, the City Predevelopment Loan Deed of Trust, the City
Construction/Permanent Loan Promissory Note, the City Construction/Permanent Loan Deed of
Trust, the City Regulatory Agreement, and all other documents required to be executed by the
Developer in connection with the transaction contemplated by this Agreement.
2
160
(i) "City Loans" shall mean the City Predevelopment Loan and City
Construction/Permanent Loan.
(j) "City Manager" means the City Manager of the City.
(k) "City Predevelopment Loan" means the loan from the City to the Developer
in the amount of One Million Dollars ($1,000,000), evidenced by the City Predevelopment Loan
Promissory Note.
(1) "City Predevelopment Loan Deed of Trust" means the deed of trust that
will encumber the Developer's interest in the Property to secure repayment of the City
Predevelopment Loan Promissory Note, and will be recorded against the Property, substantially in
the form attached hereto as Exhibit D and incorporated herein.
(m) "City Predevelopment Loan Promissory Note" means the promissory note
that will evidence the Developer's obligation to repay the City Predevelopment Loan, substantially in
the form attached hereto as Exhibit C and incorporated herein.
(n) "City Promissory Notes" shall mean the City Predevelopment Loan
Promissory Note and the City Construction/Permanent Loan Promissory Note.
(o) "City Regulatory Agreement" means the regulatory agreement and
declaration of restrictive covenants to be executed by the Parties and recorded against the Property,
substantially in the form attached hereto as Exhibit I and incorporated herein.
(p) "Conditions of Approval" has the meaning set forth in Section 3.1.
(q) "Construction Loan Closing" means the close of escrow for the Developer's
construction financing for the construction of the Development.
(r) "Construction Plans" has the meaning set forth in Section 3.8.
(s) "Council Members" means the members of the City Council of the City.
(t) "County" means the County of Alameda, California.
(u) "Developer" means Corona/Ely Ranch, Inc., a California nonprofit public
benefit corporation, and its permitted successors and assigns as set forth herein.
(v) "Development" means the Property and the Improvements.
(w) "Environmental Laws" has the meaning set forth in Section 8.4.
(x) "Event of Developer Default" has the meaning set forth in Section 9.1.
(y) "Event of City Default" has the meaning set forth in Section 9.2.
(z) "Hazardous Materials" has the meaning set forth in Section 8.3.
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(aa) "Improvements" means: (i) one hundred thirteen (113) apartment units,
including one (1) unrestricted manager's unit, to be constructed in accordance with this Agreement,
and (ii) related onsite improvements, parking, landscaping and other onsite improvements located or
to be located on the Property, and all onsite and offsite improvements required by the City, all as
more particularly set forth in the Scope of Development attached as Exhibit H.
(bb) "Indemnitees" means the City and its elected and appointed officers,
officials, employees, agents, consultants, and contractors.
(cc) "Investor" means a tax credit investor to be identified by written notice from
Developer to City.
(dd) "Parties" means the City and the Developer. "Party" means either the City or
the Developer.
(ee) "Partnership Agreement" means the limited partnership agreement of the
Developer, as it may be amended and restated.
(ff) "Permanent Loan Conversion" means the closing of the Developer's
permanent financing for the Development.
(gg) "Preliminary Financing Plan" means the Developer's Financing Plan for
financing the acquisition of the Property and the construction of the Development in the form
attached hereto as Exhibit B and incorporated herein.
(hh) "Prevailing Wage Law" has the meaning set forth in Section 3.14.
(ii) "Property" means the real property to be acquired and developed by the
Developer pursuant to this Agreement, which real property is more particularly described in the
Legal Description attached hereto as Exhibit A which is incorporated herein.
(a) "Residual Receipts" means the excess of annual Operating Revenues over
annual Operating Expenses for the Development. "Operating Revenues" means all income derived
from the Development, and includes, without limitation: (i) rents; (ii) rent subsidy payments
received on behalf of tenants; and (iii) receipts from laundry, parking, vending, or other services in
which a fee is charged. "Operating Expenses" means all direct costs and expenses necessary to
operate the Development including: (1) debt service on any loans secured by the Property as
described in the Revised Financing Plan or otherwise approved by City, provided that such loans
have been used to develop or improve the Development (or to refinance loans used for development
or improvement of the Development); (2) resident service program and property management fees
and costs; (3) property taxes and assessments (if any); (4) insurance premiums; (5) maintenance and
repair; (6) reasonable payments to reserves for operating contingencies, replacement of capital items,
and other reserve uses in such amounts as are required by the loans described in paragraph (1); (7)
deferred developer fee to the Developer for development services for the Development in such
amount as set forth in the Revised Financing Plan, as such amount may be updated by the final cost
certification upon completion of construction; (8) credit adjuster payments, limited partner loans,
and developer loans, all as set forth in the Partnership Agreement; and (9) payments for partnership
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management fee, asset management fees, and other fees payable to a partner of the Partnership
pursuant to the Partnership Agreement, in such amounts as are set forth in the Revised Financing
Plan, including any annual inflationary increases included in the Revised Financing Plan.
(jj) "Revised Financing Plan" means the Developer's updated and revised
Financing Plan for financing the construction of the Development approved by the City pursuant to
Section 4.5 hereof.
(kk) "Schedule of Performance" means the summary schedule of actions to be
taken by the Parties pursuant to this Agreement to achieve the construction of the Improvements.
The Schedule of Performance is attached to this Agreement as Exhibit G.
(11) "Scope of Development" means the description of the Development which is
attached to this Agreement as Exhibit H.
(mm) "Term" means the term of this Agreement, which shall commence on the
Effective Date and shall continue until expiration or termination of the City Regulatory Agreement,
except for such provisions hereof which survive the expiration or termination of the City Regulatory
Agreement.
(nn)
"Title Company" means Old Republic Title Company.
(oo) "Title Report" means the preliminary title report for the Property prepared by
the Title Company, as it may be updated from time to time.
(pp)
"Transfer" has the meaning set forth in Section 6.2.
ARTICLE II
REPRESENTATIONS; EFFECTIVE DATE AND TERM
2.1. Developer's Representations. Developer represents and warrants to City as follows,
and Developer covenants that until the expiration or earlier termination of this Agreement, upon
learning of any fact or condition which would cause any of the warranties and representations in this
Section 2.1 not to be true, Developer shall immediately give written notice of such fact or condition
to City. Developer acknowledges that City shall rely upon Developer's representations made herein
notwithstanding any investigation made by or on behalf of City.
(a) Authority. Developer is a nonprofit corporation duly formed and in good
standing under the laws of the State of California. Developer has the full right, power and authority
to undertake all obligations of Developer as provided herein, and Developer's execution,
performance and delivery of this Agreement and the City Documents have been duly authorized by
all requisite actions.
(b) No Conflict. Developer's execution, delivery and performance of its
obligations under this Agreement will not constitute a default or a breach under any contract,
agreement or order to which Developer is a party or by which it is bound.
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(c) No Litigation or Other Proceeding. No litigation or other proceeding (whether
administrative or otherwise) is outstanding or has been threatened which would prevent, hinder or
delay the ability of Developer to perform its obligations under this Agreement.
(d) No Developer Bankruptcy. Developer is not the subject of a bankruptcy or
insolvency proceeding.
2.2. City Representations. City represents and warrants to Developer as follows, and City
covenants that until the expiration or earlier termination of this Agreement, upon learning of any fact
or condition which would cause any of the warranties and representations in this Section 2.2 not to
be true, City shall immediately give written notice of such fact or condition to Developer. City
acknowledges that Developer shall rely upon City's representations made herein notwithstanding
any investigation made by or on behalf of Developer.
(a) Authority. City is a municipal corporation duly organized and in good
standing under the laws of the State of California. City has the full right, power and authority to
undertake all of the respective obligations as provided herein, and the execution, performance and
delivery of this Agreement by City has been duly authorized by all requisite actions on the part of
the City.
(b) No Conflict. City's execution, delivery and performance of its obligations
under this Agreement will not constitute a default or a breach under any contract, agreement or order
to which City is a party or by which it is bound.
(c) No Litigation or Other Proceeding. No litigation or other proceeding (whether
administrative or otherwise) is outstanding or has been threatened which would prevent, hinder or
delay the ability of City to perform its obligations under this Agreement.
(d) No Bankruptcy. City is not the subject of a bankruptcy or insolvency
proceeding.
2.3. Effective Date. The representations and warranties of Developer and City hereunder
shall be effective as of the Effective Date.
ARTICLE III
DEVELOPMENT OF THE PROJECT
3.1. Scope of Development. Developer shall construct and develop the Development on
the Property substantially in accordance with the terms and conditions of this Agreement, the Scope
of Development attached hereto as Exhibit H (subject to the last sentence of this Section 3.1), and in
compliance with the terms and conditions of all approvals, entitlements and permits that the City or
any other governmental body or agency with jurisdiction over the Development or the Property has
granted or issued as of the date hereof or may hereafter grant or issue in connection with
development of the Development, including without limitation, all mitigation measures imposed in
connection with environmental review of the Property and the Development and all conditions of
approval imposed in connection with any entitlements, approvals or permits (all of the foregoing
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approvals, entitlements, permits, mitigation measures and conditions of approval are hereafter
collectively referred to as the "Conditions of Approval"). Notwithstanding the foregoing, City
acknowledges that the Development is currently in the conceptual design phase and that aspects of
the Scope of Development may need to be changed, and therefore agrees to reasonably discuss such
proposed changes to the Scope of Development with Developer in good faith, and shall not
unreasonably withhold consent to such proposed changes to the Scope of Development.
3.2. Development Approvals. Developer acknowledges and agrees that execution of this
Agreement by City does not constitute approval for the purpose of the issuance of building permits
for the construction of the Development, does not limit in any manner the discretion of City in such
approval process, and does not relieve Developer from the obligation to obtain all necessary
entitlements, approvals, and permits for the construction of the Development, including without
limitation, the approval of architectural plans, and the completion of any required environmental
review of the Development pursuant to CEQA.
Developer covenants that it shall: (i) obtain all necessary permits and approvals which may
be required by City and any other governmental agency having jurisdiction over the construction of
the Development or the development of the Property, (ii) comply with all Conditions of Approval,
(iii) comply with all mitigation measures, if any, imposed in connection with any environmental
review of the Property or the Development, and (iv) not commence construction of the Development
prior to issuance of required permits.
3.3. Fees. Developer shall be solely responsible for, and shall promptly pay when due, all
customary and usual fees and charges of City in connection with obtaining building permits and
other approvals for the Development, including without limitation, those related to the processing
and consideration of amendments, if any, to the current entitlements, any related approvals and
permits, environmental review, architectural review, historic review, and any subsequent approvals
for the Development or the development of the Property.
3.4. Schedule of Performance. Developer shall commence and complete construction of
the Development and shall satisfy all other obligations of Developer under this Agreement within the
time periods set forth herein and in the Schedule of Performance attached hereto as Exhibit G, as
such time periods may be extended upon the mutual written consent of the Parties. Developer's
failure to commence or complete construction of the Development in accordance with the foregoing
schedule as such may be amended by the written consent of the Parties shall constitute a default
hereunder. The Developer shall provide quarterly progress reports to the City regarding the status of
the construction of the Development. The Developer shall provide the reports and information
required under this Section until the Development is fully leased up.
3.5. Cost of Acquisition and Construction. Except as expressly set forth herein, Developer
shall be solely responsible for all direct and indirect costs and expenses incurred in connection with
the acquisition of the Property, the design, development and construction of the Development and
compliance with the Conditions of Approval, including without limitation the installation and
construction of all off -site or on -site improvements required by City in connection therewith, and
none of such costs and expenses shall be the obligation of the City.
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3.6. Rights of Access: Books and Records. For the purpose of ensuring that the
Development is developed in compliance with this Agreement, Developer shall permit
representatives of the City to enter upon the Property to inspect the Development following 48
hours' written notice (except in the case of emergency in which case such notice as may be practical
under the circumstances shall be provided). Upon request, Developer shall permit the City to inspect
at reasonable times and on a confidential basis those books, records and all other documents of
Developer necessary to determine Developer's compliance with the terms of this Agreement.
3.7. City Disclaimer. Developer acknowledges that the City is under no obligation, and
City neither undertakes or assumes any responsibility or duty to Developer or to any third party, to in
any manner review, supervise, or inspect the progress of construction or the operation of the
Development. Developer and all third parties shall rely entirely upon its or their own supervision and
inspection in determining the quality and suitability of the materials and work, the performance of
architects, subcontractors, and material suppliers, and all other matters relating to the construction
and operation of the Development. Any review or inspection undertaken by the City is solely for the
purpose of determining whether Developer is properly discharging its obligations under this
Agreement, and shall not be relied upon by Developer or any third party as a warranty or
representation by the City as to the quality of the design or construction of the Development and
other improvements constructed on the Property (collectively, the "Improvements") or otherwise.
3.8. Construction Plans. Developer shall submit to City detailed construction plans for
the Development (the "Construction Plans") for City's approval, which approval shall not be
unreasonably withheld or delayed. As used herein "Construction Plans" means all construction
documents upon which Developer and Developer's contractors shall rely in the construction of the
Development and development of the Property and shall include, without limitation, final
architectural drawings and materials specifications. The Construction Plans shall be based upon the
Scope of Development and upon the development approvals issued by the City for the Development,
and shall not materially deviate therefrom without the express written consent of City. Such
approval of the Construction Plans by the City shall not relieve Developer's obligation to obtain any
and all approvals and permits required by the City or the City Building Division.
If rejected by the City in whole or in part, Developer shall submit new or corrected
Construction Plans within forty-five (45) days after notification of the City's rejection and the
reasons therefor. The City shall then have thirty (30) days to review and approve Developer's new
or corrected Construction Plans. The provisions of this Section relating to time periods for approval,
rejection, or resubmission of new or corrected Construction Plans shall continue to apply until the
Construction Plans have been approved by the City.
3.9. Construction Pursuant to Plans. Developer shall construct and develop the
Development in accordance with the approved Construction Plans, the Conditions of Approval, and
all other permits and approvals granted by the City pertaining to development of the Development.
Developer shall comply with all directions, rules and regulations of any fire marshal, health officer,
building inspector or other officer of every governmental agency having jurisdiction over the
Property or the Development. Each element of the work shall proceed only after procurement of
each permit, license or other authorization that may be required for such element by any
governmental agency having jurisdiction. All design and construction work on the Development
shall be performed by licensed contractors, engineers or architects, as applicable.
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3.10. Change in Construction Plans. If Developer desires to make any material change in
the approved Construction Plans, Developer shall submit the proposed change in writing to the City
for its written approval, which approval shall not be unreasonably withheld or delayed if the
Construction Plans, as modified by any proposed change, conform to the requirements of this
Agreement and any approvals issued by City after the Effective Date. The Parties shall meet in good
faith to discuss the changes if the City propose to reject the changes. Any change in the Construction
Plans required in order to comply with applicable codes shall be deemed approved, so long as such
change does not substantially nor materially change the design, function, use, or amenities of the
Development as shown on the latest approved Construction Plans. For purposes of this section, a
"material change" means a change order that would result in a change of costs of a single item of
work of One Hundred Fifty Thousand Dollars ($150,000) or any set of changes in the work the costs
of which cumulatively exceeds Five Hundred Thousand Dollars ($500,000) or more.
3.11. Defects in Plans. City shall not be responsible to Developer or to any third party for
any defect in the Construction Plans or for any structural or other defect in any work done pursuant
to the Construction Plans. Developer shall indemnify, defend (with counsel approved by City, such
approval not to be unreasonably withheld) and hold harmless the Indemnitees from and against all
Claims arising out of, or relating to, or alleged to arise from or relate to defects in the Construction
Plans or defects in any work done pursuant to the Construction Plans whether or not any insurance
policies shall have been determined to be applicable to any such Claims. Developer's
indemnification obligations set forth in this Section shall survive the expiration or earlier termination
of this Agreement and the recordation of a Certificate of Completion. It is further agreed that City
does not, and shall not, waive any rights against Developer which it may have by reason of this
indemnity and hold harmless agreement because of the acceptance by City, or Developer's deposit
with City of any of the insurance policies described in this Agreement. Developer's indemnification
obligations pursuant to this Section shall not extend to Claims arising due to the gross negligence or
willful misconduct of the Indemnitees.
3.12. Certificate of Completion for Development. Promptly after completion of
construction of the Development, issuance of a final Certificate of Occupancy (or other applicable
final City Building Department approval) by the City, and the written request of Developer, the City
will provide an instrument ("Certificate of Completion") so certifying. The Certificate of
Completion shall be conclusive evidence that Developer has satisfied its obligations regarding the
construction and development of the Development on the Property.
The Certificate of Completion shall be issued substantially in the form attached hereto as
Exhibit J, and at Developer's option, shall be recorded in the official records of Alameda County.
The Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any
obligation of Developer to any holder of a deed of trust or mortgage securing money loaned to
finance the Development or any part thereof and shall not be deemed a notice of completion under
the California Civil Code, nor shall such Certificate provide evidence that Developer has satisfied
any obligation that survives the expiration of this Agreement, including without limitation,
Developer's obligations pursuant to the City Regulatory Agreement.
3.13. Equal Opportunity. During the construction of the Development, there shall be no
discrimination on the basis of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, reproductive health decisionmaking, medical condition, genetic
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information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation,
or veteran or military status of any person in the hiring, firing, promoting or demoting of any person
engaged in construction of the Development, and Developer shall direct its contractors and
subcontractors to refrain from discrimination on such basis.
3.14. Prevailing Wage Requirements. If and to the extent required by state and federal
prevailing wage laws, Developer and its contractors and agents shall pay prevailing wages for all
construction, alteration, demolition, installation, and repair work performed with respect to the
construction of the Development as required herein and described in the Scope of Development, in
compliance with Labor Code Section 1720, et seq., and its implementing regulations, and perform all
other obligations including the employment of apprentices in compliance with Labor Code Section
1770, et seq., keeping of all records required pursuant to Labor Code Section 1776, complying with
the maximum hours requirements of Labor Code Sections 1810 through 1815, and fulfilling all
duties under the Civil Code or any other provision of law pertaining to providing, obtaining and
maintaining all bonds to secure the payment of wages to workers required to be paid prevailing
wages, all as may be amended from time to time (the "Prevailing Wage Law"). City does not make
any representations to Developer as to the applicability of the Prevailing Wage Law to the
construction of the Development, and Developer agrees and acknowledges that it is not relying on
any representations of City in making its determination as to the applicability of the Prevailing Wage
Law. It is agreed by the Parties that, in connection with the construction of the Development, as
between City and Developer, Developer shall be solely responsible for determining whether the
Prevailing Wage Law is applicable to the construction of the Development, and Developer shall bear
all risks of payment or non-payment of prevailing wages under the Prevailing Wage Law and/or the
implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or
any other similar law. For purposes of this paragraph, "construction" includes work performed
during the design and preconstruction phases of construction, including, but not limited to,
inspection and land surveying work, and work performed during the postconstruction phases of
construction, including, but not limited to, all cleanup work at the jobsite. The Developer shall
periodically, upon request of the City, certify to the City that, to its knowledge, it is in compliance
with the requirements of this paragraph.
Developer shall indemnify, defend (with counsel approved by City, such approval not to be
unreasonably withheld) and hold the City, and its respective elected and appointed officers, officials,
employees, agents, consultants, and contractors (collectively, the "Indemnitees"), harmless from
and against all liability, loss, cost, expense (including without limitation attorneys' fees and costs of
litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency,
fine, order, and damage (all of the foregoing collectively "Claims") which directly or indirectly, in
whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be
caused by, arise in connection with, or relate to, the payment or requirement of payment of
prevailing wages or the requirement of competitive bidding in the construction of the Development,
the failure to comply with any state or federal labor laws, regulations or standards in connection with
this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of
Developer related to this Agreement with respect to the payment or requirement of payment of
prevailing wages or the requirement of competitive bidding, whether or not any insurance policies
shall have been determined to be applicable to any such Claims. It is further agreed that City does
not and shall not waive any rights against Developer which it may have by reason of this indemnity
and hold harmless agreement because of the acceptance by City, or Developer's deposit with City of
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any of the insurance policies described in this Agreement. The provisions of this Section 3.14 shall
survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of
Completion for the Development. Developer's indemnification obligations under this Section 3.14
shall not apply to any Claim which arises as a result of an Indemnitee's gross negligence or willful
misconduct.
3.15. Compliance with Laws. Developer shall carry out and shall cause its contractors to
carry out the construction of the Development in conformity with all applicable federal, state and
local laws, rules, ordinances and regulations, including without limitation, all applicable federal and
state labor laws and standards, the City zoning and development standards, building, plumbing,
mechanical and electrical codes, all other provisions of the City's Municipal Code, and all applicable
disabled and handicapped access requirements, including without limitation, the Americans with
Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq.,
Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et
seq.
3.16. Liens and Stop Notices. Until the expiration of the term of the City Regulatory
Agreement and full repayment of the City Loans, Developer shall not allow to be placed on the
Property or any part thereof any lien or stop notice on account of materials supplied to or labor
performed on behalf of Developer. If a claim of a lien or stop notice is given or recorded affecting
the Development, Developer shall within thirty (30) days of such recording or service: (a) pay and
discharge (or cause to be paid and discharged) the same; or (b) effect the release thereof by
recording and delivering (or causing to be recorded and delivered) to the party entitled thereto a
surety bond in sufficient form and amount or provide other assurance satisfactory to City that the
claim of lien or stop notice will be paid or discharged.
3.17. Right of City to Satisfy Liens on the Property. If Developer fails to satisfy or
discharge any lien or stop notice on the Property pursuant to Section 3.16 above, the City shall have
the right, but not the obligation, to satisfy any such liens or stop notices at Developer's expense and
without further notice to Developer. In such event Developer shall be liable for and shall
immediately reimburse City for such paid lien or stop notice. Alternatively, the City may require
Developer to immediately deposit with City the amount necessary to satisfy such lien or claim
pending resolution thereof. The City may use such deposit to satisfy any claim or lien that is
adversely determined against Developer. Developer shall file a valid notice of cessation or notice of
completion upon cessation of construction of the Development for a continuous period of thirty (30)
days or more, and shall take all other reasonable steps to forestall the assertion of claims or liens
against the Property or the Development. The City may (but has no obligation to) record any notices
of completion or cessation of labor, or any other notice that the City deems necessary or desirable to
protect its interest in the Property and the Development.
ARTICLE IV
CITY FINANCIAL ASSISTANCE
4.1. City Predevelopment Loan. The City shall provide a loan to Developer from the
City's Affordable Housing Fund in the amount of One Million Dollars ($1,000,000) (the "City
Predevelopment Loan"), upon the terms and conditions and for the purposes set forth in this
Agreement. The City Predevelopment Loan shall be evidenced by a promissory note (the "City
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Predevelopment Loan Promissory Note") substantially in the form attached hereto as Exhibit C,
and shall be secured by a deed of trust (the "City Predevelopment Loan Deed of Trust") executed
by Developer as Trustor substantially in the form attached hereto as Exhibit D and recorded against
the Property concurrently with the effective date of the Promissory Note, and subordinate only to
such liens as City shall approve in writing. The outstanding principal balance of the Note will accrue
simple interest at the rate of three percent (3%) per annum.
Provided that Developer has complied with all conditions precedent to disbursement of the
City Predevelopment Loan set forth in Section 4.6, the proceeds of the City Predevelopment Loan
("City Predevelopment Loan Proceeds") shall be disbursed promptly thereafter to fund
predevelopment costs of the Development, in accordance with the Loan Budget included in the
Preliminary Financing Plan. City Predevelopment Loan Proceeds shall not be used or disbursed for
developer fee, overhead or profit.
4.2. City Construction/Permanent Loan. The City shall provide a loan to Developer from
the Local Housing Trust Fund grant received by City from the State of California, in the amount of
Three Million Three Hundred Thirty -Three Thousand Three Hundred Thirty -Three Dollars
($3,333,333) (the "City Construction/Permanent Loan"), upon the terms and conditions and for
the purposes set forth in this Agreement. The City Construction/Permanent Loan shall be evidenced
by a promissory note (the "City Construction/Permanent Loan Promissory Note") substantially
in the form attached hereto as Exhibit E, and shall be secured by a deed of trust (the "City
Construction/Permanent Loan Deed of Trust") executed by Developer as Trustor substantially in
the form attached hereto as Exhibit F and recorded against the Property concurrently with the
effective date of the City Construction/Permanent Loan Promissory Note, and subordinate only to
such liens as City shall approve in writing. The outstanding principal balance of the Note will accrue
simple interest at the rate of three percent (3%) per annum.
Provided that Developer has complied with all conditions precedent to disbursement of the
City Construction/Permanent Loan set forth in Section 4.7, the proceeds of the City
Construction/Permanent Loan ("City Construction/Permanent Loan Proceeds") shall be disbursed
promptly thereafter to fund costs of the Development, in accordance with the Loan Budget included
in the Preliminary Financing Plan. City Construction/Permanent Loan Proceeds shall not be used or
disbursed for developer fee, overhead or profit.
4.3. Security. As security for repayment of the City Predevelopment Loan Promissory
Note, Developer shall execute the City Predevelopment Loan Deed of Trust, pursuant to which City
shall be provided a lien against the Property and the Improvements. The City Predevelopment Loan
Deed of Trust shall be recorded in the Official Records concurrently with the effective date of the
Promissory Note. The City Predevelopment Loan Deed of Trust shall be in first lien priority and
shall not be subordinate to any other financing.
As security for repayment of the City Construction/Permanent Loan Promissory Note,
Developer shall execute the City Construction/Permanent Loan Deed of Trust, pursuant to which
City shall be provided a lien against the Property and the Improvements. The City
Construction/Permanent Loan Deed of Trust shall be recorded in the Official Records concurrently
with the effective date of the City Construction/Permanent Loan Promissory Note. The City
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Construction/Permanent Loan Deed of Trust shall be subordinate to such loans that are shown as
senior in the Revised Financing Plan approved by the City.
4.4. Title Policies. The Title Company shall issue a lender's policy of title insurance
naming City as the insured, in a policy amount not less than the principal amount of the City
Predevelopment Loan, showing Developer as holding fee title to the Property and insuring the City
Predevelopment Loan Deed of Trust to be a valid lien on the Property subject only to exceptions
approved by City (the "City Predevelopment Loan Title Policy"), together with such endorsements
as are required by the City. The Title Company shall issue a lender's policy of title insurance
naming City as the insured, in a policy amount not less than the principal amount of the City
Construction/Permanent Loan, showing Developer as holding fee title to the Property and insuring
the City Construction/Permanent Loan Deed of Trust to be a valid lien on the Property subject only
to exceptions approved by City (the "City Construction/Permanent Loan Title Policy"), together
with such endorsements as are required by the City.
4.5. Financing Plan. As set forth in the attached Exhibit B, Developer has provided City
with a preliminary financing plan for the Development ("Preliminary Financing Plan") which
describes (i) the estimated costs of development, including predevelopment costs, acquisition costs,
and hard and soft construction costs, (ii) an operating pro forma which describes projected revenue
and expenses for the Development, and (iii) identification of sources of acquisition, predevelopment,
construction and permanent financing. The Parties acknowledge that certain proposed forms of
funding in the Preliminary Financing Plan are available through competitive funding programs, and
that the Development may not be successful in actually obtaining one or more of such forms of
financing. The Developer shall submit timely and complete applications for each of the forms of
financing which are included in the Preliminary Financing Plan, in a manner that maximizes the
competitiveness thereof. In the event any of Developer's applications therefor are disapproved,
Developer shall continue to submit such applications in each subsequent application round until
successful. The Parties anticipate that the types and amounts of financing for the Development will
change and be refined during the period between the Effective Date and the Construction Loan
Closing. Accordingly, following the disbursement of the City Predevelopment Loan Proceeds,
Developer shall submit quarterly updated and revised financing plans (each, a "Revised Financing
Plan") which shall include a revised development budget, updated amounts for each of the foregoing
funding sources and any other funding sources obtained, and copies of written commitments
received for each funding source. Developer shall submit the first Revised Financing Plan no more
than three (3) months following the date on which the City Predevelopment Loan Proceeds are
disbursed and shall continue to provide the City a Revised Financing Plan on a quarterly basis
thereafter until the Construction Loan Closing. The City shall promptly review and shall provide
Developer written approval or disapproval of each Revised Financing Plan in writing within thirty
(30) days, provided that the Revised Financing Plan under review conforms to the terms of this
Agreement. The City's review of each Revised Financing Plan shall be limited to (i) determining if
the financing contemplated therein will be reasonably available and will provide sufficient funds to
undertake and complete construction of the Development, and (ii) determining if the updates to the
Revised Financing Plan then under review are consistent with the terms of this Agreement. If the
City disapproves an update to the Revised Financing Plan, the City shall specify in writing the
reasons for the disapproval within thirty (30) days of receipt. Within thirty (30) days of receiving the
City's written notification of disapproval, the Developer shall thereafter resubmit a further amended
Revised Financing Plan to the City for review. The City shall either approve or disapprove the
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resubmitted Revised Financing Plan from Developer within thirty (30) days of receiving the
resubmission. If the City approves of the resubmitted Revised Financing Plan, Developer will
resume quarterly submission of Revised Financing Plans with the subsequent Revised Financing
Plan to be submitted not less than three (3) months after receiving the City's approval of the prior
Revised Financing Plan. In the event the City disapproves the resubmitted Revised Financing Plan,
the City and the Developer agree to negotiate in good faith to develop a submission that is
reasonably acceptable to both the City and the Developer within a reasonable period of time.
4.6. Conditions to Disbursement of City Predevelopment Loan. City's obligation to fund
the City Predevelopment Loan for the purposes of Section 4.1 above is conditioned upon the
satisfaction of all of the following conditions:
(a) Developer's delivery to City of each of the following: (i) certificate of good
standing, certified by the Secretary of State indicating that Developer is properly organized, in good
standing, and authorized to do business in the State of California, and (ii) a certified resolution
indicating that Developer has authorized to consummate this transaction and that the persons
executing this Agreement and the City Documents on Developer's behalf have been duly authorized
to do so.
(b) Developer has acquired fee title to the Property or will acquire fee title
concurrently with the disbursement of the City Predevelopment Loan proceeds.
(c) Developer's delivery to the City of evidence of insurance coverage pertaining
to property insurance and commercial general liability (but not builder's risk or other insurance
associated with the construction of the Development) in accordance with the requirements set forth
in Section 10.2.
(d) Developer's delivery of the City Predevelopment Loan Promissory Note, City
Predevelopment Loan Deed of Trust and City Regulatory Agreement, each fully executed and
acknowledged as applicable.
(e) Recordation of the City Regulatory Agreement and the City Predevelopment
Loan Deed of Trust in the Official Records simultaneously with the disbursement of the first City
Predevelopment Loan Proceeds.
(f) The Title Company's issuance of the City Title Policy, together with such
endorsements as are required by the City, in accordance with Section 4.4 hereof.
(g) There exists no Event of Developer Default nor any act, failure, omission or
condition that would constitute an Event of Developer Default under this Agreement.
(h) The City's receipt of a written requisition for disbursement of funds from
Developer specifying the amount and use of the requested funds.
(i) The proposed use of the funds is in accordance with the City Loans Budget in
the Preliminary Financing Plan.
4.7. Conditions to Disbursement of City Construction/Permanent Loan.
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City's obligation to fund the City Construction/Permanent Loan for the purposes of Section
4.2 above is conditioned upon the satisfaction of all of the following conditions:
(a) Developer's delivery to the City of evidence of all insurance coverage
required in accordance with the requirements set forth in Section 10.2.
(b) Developer's delivery of the City Construction/Permanent Loan Promissory
Note and City Construction/Permanent Loan Deed of Trust, each fully executed and acknowledged
as applicable.
(c) Recordation of the City Construction/Permanent Loan Deed of Trust in the
Official Records simultaneously with the Construction Loan Closing.
(d) The Title Company's issuance of the City Construction/Permanent Loan Title
Policy, together with such endorsements as are required by the City, in accordance with Section 4.4
hereof.
(e) There exists no Event of Developer Default nor any act, failure, omission or
condition that would constitute an Event of Developer Default under this Agreement.
(f) The City's receipt of a written requisition for disbursement of funds from
Developer specifying the amount and use of the requested funds.
(g) The proposed use of the funds is in accordance with the City Loans Budget in
the Revised Financing Plan.
4.8. Repayment of the City Predevelopment Loan. Developer shall pay all outstanding
principal and accrued interest on the City Predevelopment Loan, in full, on the earliest to occur of (i)
a Developer Event of Default for which the City exercises its right to cause the City Predevelopment
Loan indebtedness to become immediately due and payable, and (ii) the Construction Loan Closing.
4.9. Repayment of the City Construction/Permanent Loan.
(a) Annual Payments. Upon and after the completion of the Development, the
Developer shall make annual payments of principal and interest to the City in the amount of the City
Prorata Percentage of fifty percent (50%) of the Residual Receipts. Such annual payments shall be
due and payable in arrears no later than May 1 of each year with respect to the previous calendar
year, commencing on May 1st of the first year after the City's issuance of a certificate of occupancy
for the Development. The Developer shall provide the City with any documentation reasonably
requested by the City to substantiate the Developer's determination of Residual Receipts.
Repayments shall be credited first to interest, then to principal.
(b) Sharing of Residual Receipts with Other Lenders. The City acknowledges
that other governmental lenders, such as the California Department of Housing and Community
Development, the County of Alameda, and other lenders to be set forth in the Financing Plan may
provide additional financing for the Development. The City agrees to share pro rata in the Residual
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Receipts, in proportion to the amount of City Construction/Permanent Loan and the financing
provided by such other lenders (the "City Prorata Percentage").
(c) Payment of Remaining Balance. Developer shall pay all outstanding principal
and accrued interest on the City Construction/Permanent Loan, in full, on the earliest to occur of (i) a
Developer Event of Default for which the City exercises its right to cause the City
Construction/Permanent Loan indebtedness to become immediately due and payable, and (ii) the
expiration of the term of the City Construction/Permanent Promissory Note.
4.10. Prepayment: Acceleration
(a) Prepayment. Developer shall have the right to prepay the City Loans at any
time and from time to time, without penalty or premium. Prepayments shall be applied first to
accrued but unpaid interest and then to principal. Any such prepayment shall have no effect upon
Developer's obligations under the City Regulatory Agreement which shall survive for the full term
of the City Regulatory Agreement.
(b) Due On Sale or Encumbrance. Unless City agrees otherwise in writing, the
entire unpaid principal balance and all interest and other sums accrued under the City
Predevelopment Loan Promissory Note and City Construction/Permanent Loan Promissory Note
shall be due and payable upon a Transfer (as defined in Section 6.2) absent the prior written consent
of City of all or any part of or interest in the Property, except for a Transfer permitted under Section
6.3 of this Agreement or as otherwise permitted pursuant to this Agreement.
4.11. Nonrecourse. Except as expressly provided in this Section 4.11, Developer and the
general and limited partners of the Developer shall have no personal liability for payment of the
principal of, or interest on the City Promissory Notes, and the sole recourse of City with respect to
the payment of the principal of, and interest thereon shall be to the Property and the Improvements
and any other collateral held by City as security for the City Promissory Notes; provided however,
nothing contained in the foregoing limitation of liability shall: (i) limit or impair the enforcement
against all such security for the City Promissory Notes of all the rights and remedies of the City
thereunder; (ii) be deemed in any way to impair the right of the City to assert the unpaid principal
amount of the City Promissory Notes as demand for money within the meaning and intendment of
Section 431.70 of the California Code of Civil Procedure or any successor provision thereto; or (iii)
be deemed in any way to limit the rights of the City to obtain specific performance by the Developer
of its covenants under the City Documents, other than the covenants to pay the City principal and
interest due under the City Promissory Notes.
The foregoing limitation of liability is intended to apply only to the obligation for the
repayment of the principal of, and payment of interest on the City Promissory Notes; nothing
contained herein is intended to relieve the Developer of its obligation to indemnify the City under
this Agreement, or liability to the extent of any loss for: (i) fraud or intentional misrepresentation, or
bad faith, waste, willful misrepresentation by the Developer; (ii) the failure to pay taxes, assessments
or other charges which may create liens on the Property that are payable or applicable prior to any
foreclosure under the City Deeds of Trust (to the full extent of such taxes, assessments or other
charges); (iii) the fair market value of any personal property or fixtures removed or disposed of by
the Developer other than in accordance with the City Deeds of Trust; and/or the misappropriation of
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any proceeds by the Developer under any insurance policies or awards resulting from condemnation
or the exercise of the power of eminent domain or by reason of damage, loss or destruction to any
portion of the Development.
ARTICLE V
USE OF THE PROPERTY
5.1. Use; Affordable Housing. Developer covenants and agrees for itself and its
successors and assigns that the Property shall be used for the development and operation of the
Development in accordance with the terms and conditions of this Agreement and the City
Regulatory Agreement.
5.2. Affordable Housing. Developer covenants and agrees for itself, its successors and
assigns that one hundred twelve (112) of the one hundred thirteen (113) residential units developed
within the Development shall be occupied by and rented at an affordable rent to households of
Extremely Low Income and Lower Income (as defined in the Regulatory Agreement) in accordance
with the terms hereof and the City Regulatory Agreement, and one unit may be reserved for property
managers with no income restrictions. The Parties shall execute the City Regulatory Agreement,
substantially in the form attached hereto as Exhibit I, concurrently with the effective date of the City
Promissory Note and City Deed of Trust. The City Regulatory Agreement shall be recorded in the
Official Records of Alameda County ("Official Records") concurrently with the recording of the
City Deed of Trust. Upon request of Developer, City shall reasonably consider changes to or
subordination of the Regulatory Agreement as proposed by the lender and/or Investor.
5.3. Maintenance. Developer shall at its own expense, maintain the Property, the
Improvements and related landscaping and common areas in good physical condition, in good repair,
and in decent, safe, sanitary, habitable and tenantable living conditions in conformity with all
applicable state, federal, and local laws, ordinances, codes, and regulations, consistent with the
standards of maintenance of similar multifamily apartment complexes in Alameda County. Without
limiting the foregoing, Developer agrees to maintain the Improvements and the Property (including
without limitation, the residential units, common areas, landscaping, driveways, parking areas and
walkways) in a condition free of all waste, nuisance, debris, unmaintained landscaping, graffiti,
disrepair, abandoned vehicles/appliances, and illegal activity, and shall take all reasonable steps to
prevent the same from occurring on the Property or at the Development. Developer shall prevent
and/or rectify any physical deterioration of the Property and the Improvements and shall make all
repairs, renewals and replacements necessary to keep the Property and the Improvements in good
condition and repair. Developer shall provide adequate security services for occupants of the
Development.
5.4. Taxes and Assessments. Developer shall pay all real and personal property taxes,
assessments and charges and all franchise, income, payroll, withholding, sales, and other taxes
assessed against the Property and payable by Developer, at such times and in such manner as to
prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided,
however, that Developer shall have the right to contest in good faith, any such taxes, assessments, or
charges. In the event the Developer exercises its right to contest any tax, assessment, or charge, the
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Developer, on final determination of the proceeding or contest, shall immediately pay or discharge
any decision or judgment rendered against it, together with all costs, charges and interest. Developer
shall have the right to apply for all applicable tax exemptions, including, without limitation, the
welfare exemption from property tax for low- income housing.
5.5. Obligation to Refrain from Discrimination. Developer shall not restrict the rental,
sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Development, or any
portion thereof, on the basis of race, color, religion, sex, gender, gender identity, gender expression,
sexual orientation, marital status, national origin, ancestry, familial status, source of income,
disability, veteran or military status, or genetic information of any person. Developer covenants for
itself and all persons claiming under or through it, and this Agreement is made and accepted upon
and subject to the condition that there shall be no discrimination against or segregation of any person
or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Development or part
thereof, nor shall Developer or any person claiming under or through Developer establish or permit
any such practice or practices of discrimination or segregation with reference to the selection,
location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or
for the Development or part thereof. Developer shall include such provision in all deeds, leases,
contracts and other instruments executed by Developer, and shall enforce the same diligently and in
good faith.
ARTICLE VI
LIMITATIONS ON CHANGE IN OWNERSHIP, MANAGEMENT AND CONTROL OF
DEVELOPER
6.1. Change Pursuant to this Agreement. Developer has represented that it possesses the
necessary expertise, skill and ability to carry out the development and operation of the Development
on the Property pursuant to this Agreement. The qualifications, experience, financial capacity and
expertise of Developer is of particular concern to the City. It is because of these qualifications,
experience, financial capacity and expertise that the City has entered into this Agreement with
Developer. No voluntary or involuntary successor, assignee or transferee of Developer shall acquire
any rights or powers under this Agreement, except as expressly provided herein.
6.2. Prohibition on Transfer. Prior to the later of expiration of the term of the City
Regulatory Agreement and the payment in full of the City Promissory Note, Developer shall not,
except as expressly permitted by this Agreement, directly or indirectly, voluntarily, involuntarily or
by operation of law make or attempt any total or partial sale, transfer, conveyance, assignment or
lease (collectively, "Transfer") of the whole or any part of the Property, the Development, the
Improvements, or this Agreement or any of the City Documents, without the prior written approval
of City, which approval shall not be unreasonably withheld. Any such attempt to assign this
Agreement without the City's consent shall be null and void and shall confer no rights or privileges
upon the purported assignee. Notwithstanding the foregoing, Developer is permitted to assign this
Agreement and the City Documents to a Controlled Affiliate, as defined in Section 6.3 below. In
addition to the foregoing, prior to the later of expiration of the term of the City Regulatory
Agreement and the payment in full of the City Promissory Note, except as expressly permitted by
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this Agreement, Developer shall not undergo any significant change of ownership without the prior
written approval of City. For purposes of this Agreement, a "significant change of ownership" shall
mean a transfer of the beneficial interest of more than twenty-five percent (25%) in aggregate of the
present ownership and/or control of Developer, taking all transfers into account on a cumulative
basis.
6.3. Permitted Transfers. Notwithstanding any contrary provision hereof, the prohibitions
set forth in this Article VI shall not be deemed to prevent: (i) the granting of utility easements or
permits to facilitate development of the Property; (ii) the dedication of any property required
pursuant to this Agreement; (iii) the lease of individual units to tenants for occupancy as their
principal residence in accordance with the City Regulatory Agreement; (iv) assignments creating
security interests for the purpose of financing the acquisition, construction or permanent financing of
the Development or the Property in accordance with the approved Financing Plan and subject to the
requirements of Article VII, or Transfers directly resulting from the foreclosure of, or granting of a
deed in lieu of foreclosure of, such a security interest; and (v) a Transfer to an entity which is under
the direct control or under common control with Eden Housing, Inc. or in which Eden Housing, Inc.
or one of its affiliates, is the general partner or sole member of the general partner ("Controlled
Affiliate").
The City hereby approves the initial Transfer, if any, of the limited partnership interest in
Developer to an investor limited partner (the "Investor") and approves future Transfers of the
limited partner interest in Developer provided that: (i) such Transfers do not affect the timing and
amount of the limited partner capital contributions provided for in the Partnership Agreement of
Developer approved by the City; and (ii) in subsequent Transfers, the initial limited partner or an
affiliate of the initial limited partner retains a membership or partnership interest and the general
partner of the Investor or a wholly -owned affiliate thereof serves as a managing member or
managing general partner of the successor limited partner.
In the event the general partner of Developer is removed by the Investor for cause following
default under the Partnership Agreement, the City hereby approves the Transfer of the general
partner interest to a nonprofit corporation that is exempt from federal income taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code (the "Code"), or a limited liability company whose
sole member is a nonprofit corporation exempt from federal income taxation pursuant to Section
501(c)(3) of the Code, selected by the Investor and approved by the City in writing, which approval
shall not be withheld unreasonably.
6.4. Requirements for Proposed Transfers. The City may, in the exercise of its sole
discretion, consent to a proposed Transfer of this Agreement, the Property or portion thereof if all of
the following requirements are met (provided however, the requirements of this Section 6.4 shall not
apply to permitted Transfers described in Section 6.3):
(i) The proposed transferee demonstrates to the City's satisfaction that it has the
qualifications, experience and financial resources necessary and adequate as may be reasonably
determined by the City to competently complete construction and operation of the Development and
to otherwise fulfill the obligations undertaken by the Developer under this Agreement.
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(ii) The Developer and the proposed transferee shall submit for City review and
approval all instruments and other legal documents proposed to effect any Transfer of this
Agreement, the Property or interest therein together with such documentation of the proposed
transferee's qualifications and development capacity as the City may reasonably request.
(iii) The proposed transferee shall expressly assume all of the rights and
obligations of the Developer under this Agreement, the City Regulatory Agreement, the City
Documents and all obligations of Developer arising prior to the effective date of the Transfer (unless
Developer expressly remains responsible for such obligations) and shall agree to be subject to and
assume all of Developer's obligations pursuant to the Conditions of Approval and all other
conditions, and restrictions set forth in this Agreement and the City Regulatory Agreement.
(iv) The Transfer shall be effectuated pursuant to a written instrument satisfactory
to the City in form recordable in the Official Records.
Consent to any proposed Transfer may be given by the City Manager unless the City
Manager, in his or her discretion, refers the matter of approval to the City Council. If the City rejects
a proposed Transfer, the City, as applicable, shall provide the reasons for such rejection in writing
within thirty (30) days following receipt of written request by Developer, and representatives of the
City shall meet with Developer and the proposed transferee to discuss in good faith the reasons for
the rejection and Developer's and transferee's responses thereto.
6.5. Effect of Transfer without City Consent.
6.5.1 In the absence of specific written agreement by the City, no Transfer by
Developer shall be deemed to relieve the Developer or any other party from any obligation under
this Agreement or the City Regulatory Agreement.
6.5.2 Without limiting any other remedy City may have under this Agreement, or
under law or equity, this Agreement may be terminated by City if without the prior written approval
of the City, Developer assigns or Transfers this Agreement or the Property. This Section 6.5.2 shall
not apply to Transfers permitted under Section 6.3.
6.6. Recovery of City Costs. Developer shall reimburse City for all costs, including but
not limited to attorneys' fees, incurred in reviewing instruments and other legal documents proposed
to affect a Transfer under this Agreement and in reviewing the qualifications and financial resources
of a proposed successor, assignee, or transferee within ten days following City's delivery to
Developer of an invoice detailing such costs. This Section 6.6 shall not apply to Transfers permitted
under Section 6.3.
ARTICLE VII
SECURITY FINANCING AND RIGHTS OF MORTGAGEES
7.1. Mortgages and Deeds of Trust for Develonment. Mortgages and deeds of trust, or any
other reasonable security instrument are permitted to be placed upon the Property only for the
purpose of securing loans approved pursuant to the approved Financing Plan for the purpose of
financing the acquisition of the Property, the design and construction of the Improvements, other
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expenditures reasonably necessary for development of the Property pursuant to this Agreement, and
the construction and/or refinancing of the Development. Developer shall not enter into any
conveyance for such financing without the prior written approval of the City Manager or his or her
designee. As used herein, the terms "mortgage" and "deed of trust" shall mean any security
instrument used in financing real estate acquisition, construction and land development.
7.2. Holder Not Obligated to Construct. The holder of any mortgage or deed of trust
authorized by this Agreement shall not be obligated to construct or complete the Improvements or to
guarantee such construction or completion. Nothing in this Agreement shall be deemed to permit or
authorize any such holder to devote the Property or any portion thereof to any uses, or to construct
any improvements thereon, other than those uses or improvements provided for or authorized by this
Agreement.
7.3. Notice of Default and Right to Cure. Whenever City delivers any notice of default
hereunder, City shall concurrently deliver a copy of such notice to each holder of record of any
mortgage or deed of trust secured by the Property, and the Investor, provided that City has been
provided with the address for delivery of such notice. City shall have no liability to any such holder
for any failure by the City to provide such notice to such holder. Each such holder shall have the
right, but not the obligation, at its option, to cure or remedy any such default or breach, and City will
accept tender of such cure as if delivered by the Developer.
7.4. City Right to Cure Defaults. In the event of a breach or default by Developer under a
mortgage or deed of trust secured by the Property, City may (but has no obligation to) cure the
default, without acceleration of the subject loan, following prior notice thereof to the holder of such
instrument and Developer. In such event, Developer shall be liable for, and City shall be entitled to
reimbursement from Developer, for all costs and expenses incurred by City associated with and
attributable to the curing of the default or breach and such sum shall constitute a part of the
indebtedness secured by the City Deed of Trust.
7.5. Holder to be Notified. Developer, for itself, its successors and assigns, hereby
warrants and agrees that each term contained herein dealing with security financing and rights of
holders shall be either inserted into the relevant deed of trust or mortgage or acknowledged by the
holder prior to its creating any security right or interest in the Property.
7.6. Modifications to Agreement. City shall not unreasonably withhold its consent to
modifications of this Agreement requested by Development lenders or Investors, provided such
modifications do not alter City's substantive rights and obligations under this Agreement.
7.7. Estoppel Certificates. Any Party shall, at any time, and from time to time, within
thirty (30) days after receipt of written request from the other Party, execute and deliver to such
Party a written statement certifying that, to the knowledge of the certifying Party: (i) this Agreement
is in full force and effect and a binding obligation of the Parties (if such be the case), (ii) this
Agreement has not been amended or modified, or if so amended, identifying the amendments, and
(iii) the requesting Party is not in default in the performance of its obligations under this Agreement,
or if in default, describing the nature of any such defaults.
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ARTICLE VIII
ENVIRONMENTAL MATTERS
8.1. No City Liability: Developer's Covenants. City shall not be responsible for the cost of
any soil, groundwater or other environmental remediation or other response activities for any
Hazardous Materials, if any, existing or occurring on the Property or any portion thereof, and
Developer shall be solely responsible for all actions and costs associated with any such activities
required by any regulatory agency with jurisdiction over the Property and/or required for the
construction of the Development and the development of the Property, or any portion thereof. Upon
receipt of any notice regarding the presence, release or discharge of Hazardous Materials in, on or
under the Property, or any portion thereof, Developer agrees to timely initiate and diligently pursue
and complete all appropriate response, remediation and removal actions for the presence, release or
discharge of such Hazardous Materials within such deadlines as specified by applicable
Environmental Laws. Developer hereby covenants and agrees that:
(1) Developer shall not knowingly permit the Development or the
Property or any portion of either to be a site for the use, generation, treatment, manufacture, storage,
disposal or transportation of Hazardous Materials or otherwise knowingly permit the presence or
release of Hazardous Materials in, on, under, about or from the Development or the Property with
the exception of any previously disclosed existing conditions on the Property and cleaning supplies
and other materials customarily used in construction, construction, use or maintenance of residential
property and used, stored and disposed of in compliance with Environmental Laws, and
(2) Developer shall keep and maintain the Development and the
Property and each portion thereof in compliance with, and shall not cause or permit the Development
or the Property or any portion of either to be in violation of, any Environmental Laws.
8.2. Environmental Indemnification. Developer shall indemnify, defend (with counsel
approved by City) and hold the Indemnitees harmless from and against any and all Claims, including
without limitation any expenses associated with the investigation, assessment, monitoring, response,
removal, treatment, abatement or remediation of Hazardous Materials and administrative,
enforcement or judicial proceedings resulting, arising, or based directly or indirectly in whole or in
part, upon (i) the presence, release, use, generation, discharge, storage or disposal or the alleged
presence, release, discharge, storage or disposal of any Hazardous Materials on, under, in or about,
or the transportation of any such Hazardous Materials to or from, the Property, or (ii) the failure of
Developer, Developer's employees, agents, contractors, subcontractors, or any person acting on
behalf of any of the foregoing to comply with Environmental Laws or the covenants set forth in
Section 8.1. The foregoing indemnity shall further apply to any residual contamination in, on, under
or about the Property or affecting any natural resources, and to any contamination of any property or
natural resources arising in connection with the generation, use, handling, treatment, storage,
transport or disposal of any such Hazardous Materials, and irrespective of whether any of such
activities were or will be undertaken in accordance with Environmental Laws. The provisions of this
Section 9.2 shall survive the issuance of a Certificate of Completion for the Development and the
expiration or earlier termination of this Agreement. Developer's indemnification obligation under
this Section 8.2 shall not apply to acts described in clause (i) above caused by the gross negligence
or willful misconduct of an Indemnitee.
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8.2.1 No Limitation. Developer hereby acknowledges and agrees that Developer's
duties, obligations and liabilities under this Agreement, including, without limitation, under Section
8.2 above, are in no way limited or otherwise affected by any information the City may have
concerning the Property and/or the presence in, on, under or about the Property of any Hazardous
Materials, whether the City obtained such information from the Developer or from its own
investigations. It is further agreed that City does not and shall not waive any rights against
Developer that it may have by reason of this indemnity and hold harmless agreement because of the
acceptance by City, or the deposit with City by Developer, of any of the insurance policies described
in this Agreement.
8.3. Hazardous Materials. As used herein, the term "Hazardous Materials" means any
substance, material or waste which is or becomes regulated by any federal, state or local
governmental authority, and includes without limitation (i) petroleum or oil or gas or any direct or
indirect product or by-product thereof; (ii) asbestos and any material containing asbestos; (iii) any
substance, material or waste regulated by or listed (directly or by reference) as a "hazardous
substance", "hazardous material", "hazardous waste", "toxic waste", "toxic pollutant", "toxic
substance", "solid waste" or "pollutant or contaminant" in or pursuant to, or similarly identified as
hazardous to human health or the environment in or pursuant to, the Toxic Substances Control Act
[15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response, Compensation and Liability
Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials Transportation Authorization Act [49
U.S.C. Section 5101, et seq.], the Resource Conservation and Recovery Act [42 U.S.C. 6901, et
seq.], the Federal Water Pollution Control Act [33 U.S.C. Section 1251], the Clean Air Act [42
U.S.C. Section 7401, et seq.], the California Underground Storage of Hazardous Substances Act
[California Health and Safety Code Section 25280, et seq.], the California Hazardous Substances
Account Act [California Health and Safety Code Section 25300, et seq.], the California Hazardous
Waste Act [California Health and Safety Code Section 25100, et seq.], the California Safe Drinking
Water and Toxic Enforcement Act [California Health and Safety Code Section 25249.5, et seq.], and
the Porter -Cologne Water Quality Control Act [California Water Code Section 13000, et seq.], as
they now exist or are hereafter amended, together with any regulations promulgated thereunder; (iv)
any substance, material or waste which is defined as such or regulated by any "Superfund" or
"Superlien" law, or any Environmental Law; or (v) any other substance, material, chemical, waste or
pollutant identified as hazardous or toxic and regulated under any other federal, state or local
environmental law, including without limitation, asbestos, polychlorinated biphenyls, petroleum,
natural gas and synthetic fuel products and by-products.
8.4. Environmental Laws. As used herein, the term "Environmental Laws" means all
federal, state or local statutes, ordinances, rules, regulations, orders, decrees, judgments or common
law doctrines, and provisions and conditions of permits, licenses and other operating authorizations
regulating, or relating to, or imposing liability or standards of conduct concerning pollution or
protection of the environment, including natural resources; (ii) exposure of persons, including
employees and agents, to Hazardous Materials (as defined above) or other products, raw materials,
chemicals or other substances; (iii) protection of the public health or welfare from the effects of by-
products, wastes, emissions, discharges or releases of chemical substances from industrial or
commercial activities; (iv) the manufacture, use or introduction into commerce of chemical
substances, including without limitation, their manufacture, formulation, labeling, distribution,
transportation, handling, storage and disposal; or (iv) the use, release or disposal of toxic or
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hazardous substances or Hazardous Materials or the remediation of air, surface waters, groundwater
or soil, as now or may at any later time be in effect, including but not limited to the Toxic
Substances Control Act [15 U.S.C. 2601, et seq.]; the Comprehensive Environmental Response,
Compensation and Liability Act [42 U.S.C. Section 9601, et seq.], the Hazardous Materials
Transportation Authorization Act [49 U.S.C. Section 5101, et seq.], the Resource Conservation and
Recovery Act [42 U.S.C. 6901, et seq.], the Federal Water Pollution Control Act [33 U.S.C. Section
1251], the Clean Air Act [42 U.S.C. Section 7401, et seq.], the California Underground Storage of
Hazardous Substances Act [California Health and Safety Code Section 25280, et seq.], the California
Hazardous Substances Account Act [California Health and Safety Code Section 25300, et seq.], the
California Hazardous Waste Act [California Health and Safety Code Section 25100, et seq.], the
California Safe Drinking Water and Toxic Enforcement Act [California Health and Safety Code
Section 25249.5, et seq.], and the Porter- Cologne Water Quality Control Act [California Water
Code Section 13000, et seq.], as each of the foregoing now exist or are hereafter amended, together
with any regulations promulgated thereunder.
ARTICLE IX
DEFAULTS, REMEDIES AND TERMINATION
9.1. Event of Developer Default. The following events shall constitute an event of default
on the part of Developer ("Event of Developer Default"):
(a) Subject to force majeure, Developer fails to commence or complete
construction of the Development within the times set forth in Section 3.4, or abandons or suspends
construction of the Development prior to completion for a period of sixty (60) days or more;
(b) Developer fails to pay when due the principal and interest (if any) payable
under the City Promissory Note and such failure continues for thirty (30) days after City notifies
Developer thereof in writing;
(c) A Transfer occurs, either voluntarily or involuntarily, in violation of Article
VI;
(d) Developer fails to maintain insurance on the Property and the Development as
required pursuant to this Agreement, and Developer fails to cure such default within ten (10) days
following notice thereof from the City;
(e) Subject to Developer's right to contest the following charges pursuant to
Section 5.4, if Developer fails to pay prior to delinquency taxes or assessments due on the Property
or the Development or fails to pay when due any other charge that may result in a lien on the
Property or the Development, and Developer fails to cure such default within thirty (30) days of date
of delinquency, but in all events upon the imposition of any such tax or other lien;
(f) A default is declared in writing under any loan secured by a mortgage, deed of
trust or other security instrument recorded against the Property and remains uncured beyond any
applicable cure period such that the holder of such security instrument has the right to accelerate re
payment of such loan;
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(g) Any representation or warranty contained in this Agreement or in any
financial statement, certificate or report submitted to the City in connection with this Agreement or
Developer's request for the City Loans proves to have been false in any material and adverse respect
when made and continues to be materially adverse to the City;
(h) If, pursuant to or within the meaning of the United States Bankruptcy Code or
any other federal or state law relating to insolvency or relief of debtors ("Bankruptcy Law"),
Developer (i) commences a voluntary case or proceeding; (ii) consents to the entry of an order for
relief against Developer in an involuntary case; (iii) consents to the appointment of a trustee,
receiver, assignee, liquidator or similar official for Developer; (iv) makes an assignment for the
benefit of its creditors; or (v) admits in writing its inability to pay its debts as they become due;
(i)
order:
A court of competent jurisdiction shall have made or entered any decree or
(1) adjudging the Developer to be bankrupt or insolvent,
(2) approving as properly filed a petition seeking reorganization of the
Developer or seeking any arrangement for Developer under bankruptcy law or any other applicable
debtor's relief law or statute of the United States or any state or other jurisdiction,
(3) appointing a receiver, trustee, liquidator, or assignee of the Developer in
bankruptcy or insolvency or for any of its properties, or
(4) directing the winding up or liquidation of the Developer;
(j) Developer shall have assigned its assets for the benefit of its creditors (other
than pursuant to a mortgage loan) or suffered a sequestration or attachment of or execution on any
substantial part of its property, unless the property so assigned, sequestered, attached or executed
upon shall have been returned or released within sixty (60) days after such event (unless a lesser
time period is permitted for cure under any other mortgage on the Property, in which event such
lesser time period shall apply under this subsection as well) or prior to any sooner sale pursuant to
such sequestration, attachment, or execution;
(k) The Developer shall have voluntarily suspended its business or Developer
shall have been dissolved or terminated;
(1) An event of default arises under this Agreement or any City Document and
remains uncured beyond any applicable cure period; or
(m) Developer defaults in the performance of any term, provision, covenant or
agreement contained in this Agreement other than an obligation enumerated in this Section 9.1 and
unless a shorter cure period is specified for such default, the default continues for ten (10) days in
the event of a monetary default or thirty (30) days in the event of a nonmonetary default after the
date upon which City shall have given written notice of the default to Developer; provided however,
if the default is of a nature that it cannot be cured within thirty (30) days, a Developer Event of
Default shall not arise hereunder if Developer commences to cure the default within thirty (30) days
and thereafter prosecutes the curing of such default with due diligence and in good faith to
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completion and in no event later than ninety (90) days after receipt of notice of the default or such
longer period as the City may allow.
9.2. City Default. An event of default on the part of City ("Event of City Default") shall
arise hereunder if City fails to keep, observe, or perform any of its covenants, duties, or obligations
under this Agreement, and the default continues for a period of thirty (30) days after written notice
thereof from Developer to City, or in the case of a default which cannot with due diligence be cured
within thirty (30) days, City fails to commence to cure the default within thirty (30) days of such
notice and thereafter fails to prosecute the curing of such default with due diligence and in good faith
to completion.
9.3. City's Right to Terminate Agreement. If an Event of Developer Default shall occur
and be continuing beyond any applicable cure period, then City shall, in addition to other rights
available to it under law or this Agreement, have the right to terminate this Agreement. If City
makes such election, City shall give written notice to Developer and to any mortgagee entitled to
such notice specifying the nature of the default and stating that this Agreement shall expire and
terminate on the date specified in such notice, and upon the date specified in the notice, this
Agreement and all rights of Developer under this Agreement, shall expire and terminate.
9.4. City's Remedies and Rights Upon an Event of Developer Default. Upon the
occurrence of an Event of Developer Default and the expiration of any applicable cure period, City
shall have all remedies available to it under law or equity, including, but not limited to the following.
City may, at its election, without notice to or demand upon Developer, except for notices or demands
required by law or expressly required pursuant to this Agreement or the City Documents, exercise
one or more of the following remedies:
(a) Accelerate and declare the balance of the City Promissory Note and interest
accrued thereon immediately due and payable;
Documents;
(b) Seek specific performance to enforce the terms of this Agreement or City
(c) Foreclose on the Property pursuant to the City Deed of Trust;
(d) Pursue any and all other remedies available under law to enforce the terms of
this Agreement and the City Documents and City's rights thereunder.
9.5. Developer's Remedies Upon an Event of City Default. Upon the occurrence of an
City Event of Default, in addition to pursuing any other remedy allowed at law or in equity or
otherwise provided in this Agreement, Developer may bring an action for equitable relief seeking the
specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or
preventing any violation of such terms and conditions, and/or seeking to obtain any other remedy
consistent with the purpose of this Agreement.
9.6. Remedies Cumulative; No Consequential Damages. Except as otherwise expressly
stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise by
any Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same
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or different time, of any other rights or remedies for the same or any other default by the other Party.
Notwithstanding anything to the contrary set forth herein, a party's right to recover damages in the
event of a default shall be limited to actual damages and shall exclude consequential damages.
9.7. Inaction Not a Waiver of Default. No failure or delay by any Party in asserting any of
its rights and remedies as to any default shall operate as a waiver of such default or of any such
rights or remedies, nor deprive any Party of its rights to institute and maintain any action or
proceeding which it may deem necessary to protect, assert or enforce any such rights or remedies in
the same or any subsequent default.
ARTICLE X
INDEMNITY AND INSURANCE
10.1. Indemnity. Developer shall indemnify, defend (with counsel approved by City, such
approval not to be unreasonably withheld) and hold Indemnitees harmless from and against any and
all Claims, including without limitation, Claims arising directly or indirectly, in whole or in part, as a
result of or in connection with Developer's or Developer's contractors, subcontractors, agents or
employees development, construction, improvement, operation, ownership or maintenance of the
Development or the Property, or any part thereof or otherwise arising out of or in connection with
Developer's performance under this Agreement. Developer's indemnification obligations under this
Section 10.1 shall not extend to Claims resulting from the gross negligence or willful misconduct of
Indemnitees. The provisions of this Section 10.1 shall survive the issuance of a Certificate of
Completion for the Development and the expiration or earlier termination of this Agreement. It is
further agreed that City does not and shall not waive any rights against Developer that it may have
by reason of this indemnity and hold harmless agreement because of the acceptance by City, or the
deposit with City by Developer, of any of the insurance policies described in this Agreement.
10.2. Insurance.
(a) Developer and all contractors working on behalf of Developer on the
Development shall maintain the insurance coverage as described in the City Insurance
Requirements attached hereto Exhibit K and incorporated herein.
(b) Prior to closing of each of the City Loans, Developer shall furnish City with
certificates of insurance in form acceptable to City evidencing the required insurance coverage and
duly executed endorsements evidencing such additional insured status. Each certificate shall contain
all provisions required in the City Insurance Requirements.
(c) If any insurance policy or coverage required hereunder is canceled or reduced,
Developer shall, within fifteen (15) days after receipt of notice of such cancellation or reduction in
coverage, but in no event later than the effective date of cancellation or reduction, file with City a
certificate showing that the required insurance has been reinstated or provided through another
insurance company or companies. Upon failure to so file such certificate, City may, without further
notice and at its option, procure such insurance coverage at Developer's expense, and Developer
shall promptly reimburse City for such expense upon receipt of billing from City.
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ARTICLE XI
MISCELLANEOUS PROVISIONS
11.1. Brokers. Developer agrees to pay any real estate commission, brokerage fee, finder's
fee, or other compensation due with respect to the acquisition of the Property, and agrees to defend,
indemnify and hold harmless the City from any claims, expenses, costs or liabilities arising in
connection with a breach of this warranty and representation. The terms of this Section shall survive
the expiration or earlier termination of this Agreement.
11.2. Enforced Delay; Extension of Times of Performance. Subject to the limitations set
forth below, performance by any Party shall not be deemed to be in default, and all performance and
other dates specified in this Agreement shall be extended where delays are due to: war, insurrection,
strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy,
epidemics, quarantine restrictions, freight embargoes, governmental restrictions or priority,
litigation, including court delays, unusually severe weather, acts or omissions of the other Parties,
acts or failures to act of any other public or governmental agency or entity (other than the acts or
failures to act of City which shall not excuse performance by City), or any other cause beyond the
affected Party's reasonable control. An extension of time for any such cause shall be for the period
of the enforced delay and shall commence to run from the time of the commencement of the cause, if
notice by the Party claiming such extension is sent to the other Parties within thirty (30) days of the
commencement of the cause and such extension is not rejected in writing by the other Parties within
ten (10) days of receipt of the notice. None of the Parties shall unreasonably withhold consent to an
extension of time pursuant to this Section.
Times of performance under this Agreement may also be extended in writing by the mutual
agreement of Developer and City (acting in the discretion of its City Manager unless he or she
determines in his or her discretion to refer such matter to the City Council). City and Developer
acknowledge that adverse changes in economic conditions, either of the affected Party specifically or
the economy generally, changes in market conditions or demand, and/or inability to obtain financing
to complete the work of Improvements shall not constitute grounds of enforced delay pursuant to
this Section. Each Party expressly assumes the risk of such adverse economic or market changes
and/or financial inability, whether or not foreseeable as of the Effective Date.
11.3. Notices. Except as otherwise specified in this Agreement, all notices to be sent
pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written notice
delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i)
personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail,
return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is
confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid
or charged to the sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service;
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
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Attention: City Manager
(with copy to City Attorney)
Developer: Corona/Ely Ranch, Inc.
22645 Grand Street
Hayward, California 94541
Attention: Chief Executive Officer
The City agrees that it shall provide Developer's Investor a duplicate copy of all notices of
default that the City may give to or serve in writing upon Developer pursuant to the terms of the
Loan Documents, at an address provided to the City; provided, the City shall have no liability to the
Investor for its failure to do so. The Investor shall have the right, but not the obligation, to cure any
Default of Developer set forth in such notice, during any applicable cure period described in the
Loan Documents, and the City will accept tender of such cure as if delivered by Developer.
11.4. Attorneys' Fees. If any Party fails to perform any of its obligations under this
Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of
any provision hereof, then the prevailing party in any proceeding in connection with such dispute
shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or
establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys'
fees and disbursements.
11.5. Waivers; Modification. No waiver of any breach of any covenant or provision of this
Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall
be valid unless in writing and executed by the waiving party. An extension of time for performance
of any obligation or act shall not be deemed an extension of the time for performance of any other
obligation or act, and no extension shall be valid unless in writing and executed by the waiving
party. This Agreement may be amended or modified only by a written instrument executed by the
Parties.
11.6. Binding on Successors. Subject to the restrictions on Transfers set forth in Article VI,
this Agreement shall bind and inure to the benefit of the Parties and their respective permitted
successors and assigns. Any reference in this Agreement to a specifically named party shall be
deemed to apply to any permitted successor and assign of such party who has acquired an interest in
compliance with this Agreement or under law.
11.7. Construction. The section headings and captions used herein are solely for
convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this
Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties
agree, that since all of the Parties have participated in the negotiation and drafting of this Agreement,
this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its
fair meaning as a whole, as if all Parties had prepared it.
11.8. Action or Approval. Except as may be otherwise specifically provided in this
Agreement, whenever any approval, notice, direction, finding, consent, request, waiver, or other
action by the City is required or permitted under this Agreement, such action may be given, made, or
taken by the City Manager, or by any person who shall have been designated in writing by the City,
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without further approval by the City Council. Any such action shall be in writing. The Developer
acknowledges that nothing in this Agreement (including any approval by the City Manager in
accordance with this Agreement) shall limit, waive, or otherwise impair the authority and discretion
of: (i) the City's Community Development Department, in connection with the review and approval
of the proposed construction plans for the Development (or any change to such plans), or any use, or
proposed use, of the Property, (ii) the City's issuance of a building permit, or (iii) any other office or
department of the City acting in its capacity as a governmental regulatory authority with jurisdiction
over the development, use, or operation of the Development.
11.9. Entire Agreement. This Agreement, including the exhibits listed below, which are
attached hereto and incorporated herein by this reference, together with the other City Documents,
contains the entire agreement between the Parties with respect to the subject matter hereof, and
supersedes all prior written or oral agreements, understandings, representations or statements
between the Parties with respect to the subject matter hereof.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Legal Description of the Property
Preliminary Financing Plan
City Predevelopment Loan Promissory Note
City Predevelopment Loan Deed of Trust
City Construction/Permanent Loan Promissory Note
City Construction/Permanent Loan Deed of Trust
Schedule of Performance
Scope of Development
City Regulatory Agreement
Certificate of Completion
City Insurance Requirements
11.10. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be an original and all of which taken together shall constitute one instrument. The
signature page of any counterpart may be detached therefrom without impairing the legal effect of
the signature(s) thereon provided such signature page is attached to any other counterpart identical
thereto having additional signature pages executed by the other Parties. Any executed counterpart of
this Amendment may be delivered to the other Parties by facsimile and shall be deemed as binding
as if an originally signed counterpart was delivered.
11.11. Severability. If any term, provision, or condition of this Agreement is held by a court
of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall
continue in full force and effect unless an essential purpose of this Agreement is defeated by such
invalidity or unenforceability.
11.12. No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or
shall be deemed to confer upon any person, other than the Parties and their respective successors and
assigns, any rights or remedies hereunder.
11.13. Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall establish
the Parties as partners, co -venturers, or principal and agent with one another.
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11.14. Non -Liability of Officials, Employees and Agents. No officer, official, employee or
agent of City shall be personally liable to Developer or its successors in interest in the event of any
default or breach by City or for any amount which may become due to Developer or its successors in
interest pursuant to this Agreement.
11.15. Time of the Essence: Calculation of Time Periods. Time is of the essence for each
condition, term, obligation and provision of this Agreement. Unless otherwise specified, in
computing any period of time described in this Agreement, the day of the act or event after which
the designated period of time begins to run is not to be included and the last day of the period so
computed is to be included, unless such last day is not a business day, in which event the period shall
run until the next business day. The final day of any such period shall be deemed to end at 5:00 p.m.,
local time at the Property. For purposes of this Agreement, a "business day" means a day that is not
a Saturday, Sunday, a federal holiday or a state holiday under the laws of California.
11.16. Governing Law: Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of California without regard to principles of conflicts of laws.
Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Alameda
County, California or in the Federal District Court for the Northern District of California.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of the
date first written above.
DEVELOPER: CITY:
CORONA/ELY RANCH, INC., a
California nonprofit public benefit
corporation
CITY OF DUBLIN, a California
corporation
AA4re.. OsTod.
By: By:
Linda Smith, City Manager
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By:
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John Bakker, City Attorney
190
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Alameda, City of Dublin, State of California, and
is described as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11
and 12, Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021,
Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda,
State of California, described as follows:
Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920,
filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the
County Recorder of Alameda County, more particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2;
Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08' 15"
East 31.11 feet;
Thence leaving said Northerly line, along the arc of a non -tangent 40.00 foot radius curve to
the left, from which the center of said curve bears South 33° 42' 04 East, through a central
angle of 77° 09' 41" an arc distance of 53.87 feet, to the Westerly line of said Parcel 2;
Thence along said Westerly line, North 20° 51' 45" West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor,
in, over, along and across that certain land situated in the Township of Pleasanton, County of
Alameda, State of California, described as follows:
Beginning at the most Western corner of the parcel of land described in the Deed from Amfac
Merchandising Corporation, a California corporation to Baydale, Inc., a Delaware corporation,
recorded December 28, 1971, Reel 3026, Image 888, Recorder's Series No. 71-169856,
Alameda County Records; thence through a portion of the last named parcel of land and along
the Northwestern boundary line thereof, North 69° 08' 15" East, 329.29 feet; thence at right
angles to the last named line South 20° 51' 45" East, 71.00 feet to the Northeastern corner of
the parcel of land described in the Deed from Baydale, Inc., a Delaware corporation, to Amfac
Merchandising Corporation, a California corporation, recorded April 12, 1972, Reel 3104 Image
883, Recorder's Series No. 72-47311, Alameda County Records; thence along the last named
line South 69° 08' 15" West 329.29 feet to the Northeastern line of Regional Street being
the parcel of land described as Parcel One in the Deed from Motel Interstate Systems, Inc., to
the County of Alameda, recorded March 8, 1971, Reel 2802 Image 404, Recorder's Series No.
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71-26256, Alameda County Records; thence along the last named line North 20° 51' 45" West,
71.00 feet to the point of beginning.
Assessor's Parcel No. 941-1500-025-2 (Affects this and other property)
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EXHIBIT B
PRELIMINARY FINANCING PLAN
Project Sources and Uses
The following table illustrates the initial funding sources of funding by stage.
Construction Permanent Financing Stage Perm Sources by
Financing Stage Unit
Construction Loan $57,294,564.00
Alameda County Al $5,048,319.00 $5,048,319.00 $44,675.39
City Local Housing $3,333,333.00 $3,333,333.00
Trust Fund
$29,498.52
Land Donation $8,400,000.00 $8,400,000.00 $74,336.28
Permanent Mortgage $2,472,983.00 $21,884.81
HCD — NPLH $9,776,465.00 $86,517.39
HCD — MHP $18,337,732.00 $162,280.81
Deferred Developer $1,300,000.00 $11,504.42
Fee
Investor Capital $3,238,669.00 $32,386,693.00
Contribution
Deferred Cost Until $3,740,640.00
Conversion
TOTAL SOURCES $81,055,525.00 $81,055,525.00
$286,607.90
The table below itemizes the preliminary total development costs by stage.
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Total Acquisition
Cost
Hard Cost
Soft Cost
Construction
Interest and Fees
Permanent
Financing
Costs
Attorney Costs
Reserves and
Appraisal
Cost
Construction
Contingency
Other Costs
Developer Costs
Syndication Costs
Cost Deferred
Until
Conversion
TOTAL DEV
COSTS
Construction Financing Permanent Financing Stage
Stage
$8,505,150.00 $8,505,150.00
$50,788,250.00
$1,800,000.00
$4,248,769.00
$915,747.00
$40,000.00
10,000.00
$2,543,170
$7,521,799.00
$800,000.00
$142,000.00
$3,740,640.00
$81,055,525.00
$50,788,250.00
$1,800,000.00
$4,248,769.00
$950,747.00
$40,000.00
1,015,640.00
$2,543,170.00
$7,521,799.00
$3,500,000.00
$142,000.00
$81,055,525.00
Uses by Unit
$75,266.81
$449,453.53
$15,929.20
$37,599.72
$8,413.69
$353.98
$8,987.96
$22,505.93
$66,564.59
$30,973.45
$1,256.64
$33,103.01
32,481.14
$717,305.53
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EXHIBIT C
CITY PREDEVELOPMENT LOAN PROMISSORY NOTE
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PROMISSORY NOTE
(Regional Street Apartments)
1,000,000 Dublin, California
, 202
FOR VALUE RECEIVED, the undersigned Corona/Ely Ranch, Inc., a California
nonprofit public benefit corporation ("Borrower"), hereby promises to pay to the order of the
City of Dublin, a California municipal corporation ("Holder"), 100 Civic Plaza, Dublin,
California, 94568, Attn: , the principal amount of One Million Dollars
($1,000,000), plus interest thereon pursuant to Section 2 below (the "City Predevelopment
Loan").
1. Borrower's Obligation. This promissory note (the "Note") evidences
Borrower's obligation to pay Holder the principal amount of One Million Dollars ($1,000,000)
with interest for the funds loaned to Borrower by Holder pursuant to the Affordable Housing
Assistance Agreement between Borrower and Holder dated , 2023 (the "Loan
Agreement"). All capitalized terms not otherwise defined in this Note shall have the meanings
set forth in the Loan Agreement.
2. Interest. The City Predevelopment Loan bears interest from the date of
this Note at three percent (3%) interest, until full repayment of the outstanding balance of the
City Predevelopment Loan.
3. Term and Repayment Requirements. All outstanding principal and
interest under this Note shall be paid in full on the earliest to occur of (i) a Developer Event of
Default under the Loan Agreement for which the Holder exercises its right to cause the City
Predevelopment Loan to become immediately due and payable, and (ii) the Construction Loan
Closing (as those terms are defined in the Loan Agreement).
4. Disbursements. All disbursements shall be in accordance with the terms
of the Loan Agreement.
5. Prepayment. Borrower may prepay the City Predevelopment Loan at any
time without penalty or fee.
6. Assumption. This Note shall not be assumable by the successors and
assigns of Borrower without the prior written consent of Holder unless the assignment complies
with Section 6.3 of the Loan Agreement. Holder may assign its interest in the Note to any
person or entity in Holder's sole discretion.
7. Security. This Note shall be secured by the Deed of Trust on the Property,
wherein Borrower is the trustor and Holder is the beneficiary. The terms of the Deed of Trust
are hereby incorporated into this Note and made a part hereof. This Note is nonrecourse to
Borrower and the general and limited partners of the Borrower, and the sole recourse of Holder
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with respect to the payment of the principal of, and interest on this Note shall be to the Property
and the Improvements and any other collateral held by Holder as security for this Note; provided
however, nothing contained herein is intended to relieve the Borrower of liability to the extent of
any loss for fraud or intentional misrepresentation, or bad faith, waste, willful misrepresentation
by the Borrower; or the failure to pay taxes, assessments or other charges which may create liens
on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust
(to the full extent of such taxes, assessments or other charges); or be deemed in any way to limit
the rights of the Holder to obtain specific performance by the Borrower of its covenants under
the City Documents, other than the covenants to pay the Holder principal and interest due under
this Note.
8. Terms of Payment.
(a) All payments due under this Note shall be paid in currency of the
United States of America, which at the time of payment is lawful for the payment of public and
private debts.
(b) All payments on this Note shall be paid to Holder at the address set
forth in the first paragraph of this Note, or to such other place as Holder of this Note may from
time to time designate.
(c) All payments on this Note shall be without expense to Holder, and
Borrower agrees to pay all costs and expenses, including reconveyance fees and reasonable
attorney's fees of Holder, incurred in connection with the payment of this Note and the release of
any security hereof.
(d) Notwithstanding any other provision of this Note, or any
instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever,
the payment of any sums by Borrower pursuant to the terms of this Note would result in the
payment of interest which would exceed the amount that Holder may legally charge under the
laws of the State of California, then the amount by which payments exceed the lawful interest
rate shall automatically be deducted from the principal balance owing on this Note, so that in no
event shall Borrower be obligated under the terms of this Note to pay any interest which would
exceed the lawful rate.
9. Default.
(a) Any of the following shall constitute an event of default under this
Note:
(i) Any failure to pay, in full, any payment required under this
Note when due following written notice by the Holder of such failure and ten (10) days
opportunity to cure;
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(ii) Any failure in the performance by Borrower of any term,
condition, provision or covenant set forth in this Note subject to the notice and cure period set
forth in Section 9.1 of the Loan Agreement; and
(iii) The occurrence of any Borrower event of default under the
Loan Agreement, the Deed of Trust, the Regulatory Agreement, or other instrument securing the
obligations of Borrower under this Note or under any other promissory notes hereafter issued by
Borrower to Holder pursuant to the Loan Agreement or the Deed of Trust (the "City Loan
Documents"), subject to notice and cure periods, if any, set forth therein.
(b) Upon the occurrence of one or more of the foregoing events of
default, the entire unpaid principal balance, together with all interest thereon, and together with
all other sums then payable under this Note and the Deed of Trust shall at the option of Holder
become immediately due and payable upon written notice by Holder to Borrower without further
demand.
(c) Holder's failure to exercise the remedy set forth in Subsection 9(b)
above or any other remedy provided by law upon the occurrence of one or more of the foregoing
events of default shall not constitute a waiver of the right to exercise any remedy at any
subsequent time in respect to the same or any other default. The acceptance by Holder hereof of
any payment which is less than the total of all amounts due and payable at the time of such
payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or
options at that time or at any subsequent time, or nullify any prior exercise of any such remedy
or option, without the express consent of Holder, except as and to the extent otherwise provided
by law.
(d) Notwithstanding anything herein to the contrary, Holder hereby
agrees that any cure of any default made or tendered by one or more of Borrower's limited
partners shall be deemed a cure by Borrower and shall be accepted or rejected on the same basis
as if made or tendered by Borrower. Copies of all notices which are sent hereunder to Borrower
shall be sent to Borrower's limited partners at the address provided pursuant to Section 11.3 of
the Loan Agreement.
10. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and
demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment
of this Note. Borrower expressly agrees that this Note or any payment hereunder may be
extended from time to time, and that Holder may accept further security or release any security
for this Note, all without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment
hereof made by agreement of Holder with any person now or hereafter liable for payment of this
Note shall not operate to release, discharge, modify, change or affect the original liability of
Borrower under this Note, either in whole or in part.
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(c) The obligations of Borrower under this Note shall be absolute and
Borrower waives any and all rights to offset, deduct or withhold any payments or charges due
under this Note for any reason whatsoever.
11. Miscellaneous Provisions.
(a) All notices to Holder or Borrower shall be given in the manner and
at the addresses set forth in the Loan Agreement, or to such addresses as Holder and Borrower
may therein designate.
(b) Borrower promises to pay all costs and expenses, including
reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note,
regardless of whether suit is filed to seek enforcement.
(c) This Note may not be changed orally, but only by an agreement in
writing signed by the party against whom enforcement of any waiver, change, modification or
discharge is sought.
(d) This Note shall be governed by and construed in accordance with
the laws of the State of California.
(e) The times for the performance of any obligations hereunder shall
be strictly construed, time being of the essence.
(f) This document, together with the City Loan Documents, contains
the entire agreement between the parties as to the City Predevelopment Loan. It may not be
modified except upon written consent of the parties.
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IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the date
first above written.
Corona/E1y Ranch, Inc.,
a California nonprofit
public benefit corporation
By:
Name:
5365400.3
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EXHIBIT D
CITY PREDEVELOPMENT LOAN DEED OF TRUST
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
No fee for recording pursuant to
Government Code Section 27383 and 27388.1
DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
(Regional Street Apartments)
THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY
AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made as of ,
202, by and among Corona/Ely Ranch, Inc., a California nonprofit public benefit corporation
("Trustor"), Title Company ("Trustee"), and the City of Dublin, a California
municipal corporation ("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
hereinafter set forth, Trustor's interest in the property located in the County of Alameda, State of
California, that is described in the attached Exhibit A, incorporated herein by this reference (the
"Property");
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents;
TOGETHER WITH all easements, rights -of -way and rights used in connection therewith
or as a means of access thereto, including (without limiting the generality of the foregoing) all
tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of the Trustor now or hereafter
affixed to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to
said property and intended to be installed therein;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
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adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all deposits made with or other security given by Trustor to utility companies, the
proceeds from any or all of such property, including the Property, claims or demands with
respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may
hereafter acquire, any and all awards made for the taking by eminent domain or by any
proceeding or purchase in lieu thereof of the whole or any part of such property, including
without limitation, any awards resulting from a change of grade of streets and awards for
severance damages to the extent Beneficiary has an interest in such awards for taking as
provided in Paragraph 4.1 herein;
TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Property which are necessary to the complete and comfortable use
and occupancy of such building or buildings for the purposes for which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or shall be attached to said building or buildings in any
manner; and
TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment,
work in process and other personal property to be incorporated into the Property; all goods,
materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other
personal property now or hereafter appropriated for use on the Property, whether stored on the
Property or elsewhere, and used or to be used in connection with the Property; all rents, issues
and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles,
chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance
and condemnation awards and proceeds, trade names, trademarks and service marks arising from
or related to the Property and any business conducted thereon by Trustor; all replacements,
additions, accessions and proceeds; and all books, records and files relating to any of the
foregoing.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors and
assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (the "Secured
Obligations"):
(a) Payment to Beneficiary of all sums at any time owing under or in connection with
the Note (defined in Section 1.3 below) until paid or cancelled and any other amounts owing
under the Loan Documents (defined in Section 1.2 below). Said principal and other payments
shall be due and payable as provided in the Note or other Loan Documents, as applicable. The
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Note and all its terms are incorporated herein by reference, and this conveyance shall secure any
and all extensions thereof, however evidenced;
(b) Payment of any sums advanced by Beneficiary to protect the Security pursuant to
the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to
advance said sums and the expiration of any applicable cure period, with interest thereon as
provided herein;
(c) Performance of every obligation, covenant or agreement of Trustor contained
herein and in the Loan Documents; and
(d) All modifications, extensions and renewals of any of the Secured Obligations
(including without limitation, (i) modifications, extensions or renewals at a different rate of
interest, or (ii) deferrals or accelerations of the required principal payment dates or interest
payment dates or both, in whole or in part), however evidenced, whether or not any such
modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms shall
have the following meanings in this Deed of Trust:
Section 1.1 The term "Loan Agreement" means that certain Affordable Housing
Assistance Agreement between Trustor and Beneficiary, dated , 2023. The Loan
Agreement requires Beneficiary to make a predevelopment loan to Trustor in the amount of One
Million Dollars ($1,000,000).
Section 1.2 The term "Loan Documents" means this Deed of Trust, the Note, the Loan
Agreement, the Regulatory Agreement, and any other debt, loan or security instruments between
Trustor and the Beneficiary relating to the Property.
Section 1.3 The term "Note" means the promissory note in the principal amount of
One Million Dollars ($1,000,000), of even date herewith, executed by Trustor in favor of the
Beneficiary, as it may be amended or restated, the payment of which is secured by this Deed of
Trust. (A copy of the Note is on file with the Beneficiary and terms and provisions of the Note
are incorporated herein by reference.)
Note.
Section 1.4 The term "Principal" means the amount required to be paid under the
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Section 1.5 The term "Regulatory Agreement" means the Regulatory Agreement and
Declaration of Restrictive Covenants of even date herewith by and between the Beneficiary and
the Trustor.
ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE
PROPERTY AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured
Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the
Security or cause the Security to be maintained and preserved in good condition, reasonable wear
and tear excepted. The Trustor will from time to time make or cause to be made all repairs,
replacements and renewals deemed proper and necessary by it. The Beneficiary shall have no
responsibility in any of these matters or for the making of improvements or additions to the
Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all
claims for labor done and for material and services furnished in connection with the Security,
diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation
of labor on the work or construction on the Security for a continuous period of thirty (30) days or
more, and to take all other reasonable steps to forestall the assertion of claims of lien against the
Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary
as its agent (said agency being coupled with an interest) with the authority, but without any
obligation, to file for record any notices of completion or cessation of labor or any other notice
that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the
Loan Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor
only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those
actions as hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or
claims as Beneficiary shall specify upon laborers, materialmen, subcontractors or other persons
who have furnished or claim to have furnished labor, services or materials in connection with the
Security. Nothing herein contained shall require Trustor to pay any claims for labor, materials or
services which Trustor in good faith disputes and is diligently contesting provided that Trustor
shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the
Recorder of Alameda County, a surety bond in an amount 1 and 1/2 times the amount of such
claim item to protect against a claim of lien.
Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights -of -way or other rights or privileges in
the nature of easements with respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of public utilities including, without
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limitation, water, gas, electricity, sewer, telephone and telegraph, or those otherwise required by
law, and as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby
absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of
the Property including those now due, past due, or to become due by virtue of any lease or other
agreement for the occupancy or use of all or any part of the Property, regardless of to whom the
rents and revenues of the Property are payable. Trustor hereby authorizes Beneficiary or
Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of
the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that
prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant
or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and
revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents
and revenues so collected to the Secured Obligations with the balance, so long as no such breach
has occurred, to the account of Trustor, it being intended by Trustor and Beneficiary that this
assignment of rents constitutes an absolute assignment and not an assignment for additional
security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor
of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of
Beneficiary entering upon and taking and maintaining full control of the Property in person, by
agent or by a court -appointed receiver, Beneficiary shall immediately be entitled to possession of
all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due
and payable, including but not limited to rents then due and unpaid, and all such rents shall
immediately upon delivery of such notice be held by Trustor as trustee for the benefit of
Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the
breach by Trustor shall contain a statement that Beneficiary exercises its rights to such rents.
Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by
Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such
rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant
therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental
unit, without any liability on the part of said tenant to inquire further as to the existence of a
default by Trustor.
Trustor hereby covenants that Trustor has not executed any prior assignment of said
rents, that Trustor has not performed, and will not perform, any acts or has not executed and will
not execute, any instrument which would prevent Beneficiary from exercising its rights under
this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no
anticipation or prepayment of any of the rents of the Property for more than two (2) months prior
to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept
payment of any rents of the Property more than two (2) months prior to the due dates of such
rents. Trustor further covenant that Trustor will execute and deliver to Beneficiary such further
assignments of rents and revenues of the Property as Beneficiary may from time to time request.
Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents,
Beneficiary may in person, by agent or by a court -appointed receiver, regardless of the adequacy
of Beneficiary's security, enter upon and take and maintain full control of the Property in order to
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perform all acts necessary and appropriate for the operation and maintenance thereof including,
but not limited to, the execution, cancellation or modification of leases, the collection of all rents
and revenues of the Property, the making of repairs to the Property and the execution or
termination of contracts providing for the management or maintenance of the Property, all on
such terms as are deemed best to protect the security of this Deed of Trust. In the event
Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of
any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to
the appointment of such receiver. Beneficiary or the receiver shall be entitled to receive a
reasonable fee for so managing the Property.
All rents and revenues collected subsequent to delivery of written notice by Beneficiary
to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents shall be applied first to the costs, if any, of taking control of and managing the
Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies,
taxes, assessments and other charges on the Property, and the costs of discharging any obligation
or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this
deed of Trust. Beneficiary or the receiver shall have access to the books and records used in the
operation and maintenance of the Property and shall be liable to account only for those rents
actually received. Beneficiary shall not be liable to Trustor, anyone claiming under or through
Trustor or anyone having an interest in the Property by reason of anything done or left undone by
Beneficiary under this Section 2.3.
If the rents of the Property are not sufficient to meet the costs, if any, of taking control of
and managing the Property and collecting the rents, any funds expended by Beneficiary for such
purposes shall become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless
Beneficiary and Trustor agree in writing to other terms of payment, such amounts shall be
payable upon notice from Beneficiary to Trustor requesting payment thereof and shall bear
interest from the date of disbursement at the rate stated in Section 3.3.
Any entering upon and taking and maintaining of control of the Property by Beneficiary
or the receiver and any application of rents as provided herein shall not cure or waive any default
hereunder or invalidate any other right or remedy of Beneficiary under applicable law or
provided herein. This assignment of rents of the Property shall terminate at such time as this
Deed of Trust ceases to secure the Secured Obligations.
ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes,
assessments, charges and levies imposed by any public authority or utility company which are or
may become a lien affecting the Security or any part thereof; provided, however, that Trustor
shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a)
the legality thereof shall be promptly and actively contested in good faith and by appropriate
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proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant
to this Section 3.1. With respect to taxes, special assessments or other similar governmental
charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any
part of the Security; provided, however, if such taxes, assessments or charges may be paid in
installments, Trustor may pay in such installments. Except as provided in clause (b) of the first
sentence of this paragraph, the provisions of this Section 3.1 shall not be construed to require that
Trustor maintain a reserve account, escrow account, impound account or other similar account
for the payment of future taxes, assessments, charges and levies.
In the event that Trustor shall fail to pay any of the foregoing items required by this
Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the
same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to
fully pay such items within seven (7) business days after receipt of such notice. Any amount so
advanced therefor by Beneficiary, together with interest thereon from the date of such advance at
the maximum rate permitted by law, shall become part of the Secured Obligations secured
hereby, and Trustor agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
Trustor agrees to provide insurance conforming in all respects to that required under the
Loan Documents during the course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid and all Secured Obligations
secured hereunder fulfilled, and this Deed of Trust reconveyed.
All such insurance policies and coverages shall be maintained at Trustor's sole cost and
expense. Certificates of insurance for all of the above insurance policies, showing the same to be
in full force and effect, shall be delivered to the Beneficiary upon demand therefor at any time
prior to Trustor's satisfaction of the Secured Obligations.
Section 3.3 Advances.
In the event the Trustor shall fail to maintain the full insurance coverage required by this
Deed of Trust or shall fail to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to Trustor, may (but shall be under no
obligation to) take out the required policies of insurance and pay the premiums on the same or
may make such repairs or replacements as are necessary and provide for payment thereof; and all
amounts so advanced therefor by the Beneficiary shall become part of the Secured Obligations
(together with interest as set forth below) and shall be secured hereby, which amounts the
Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, shall bear interest
from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate
permitted by law.
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ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
All judgments, awards of damages, settlements and compensation made in connection
with or in lieu of (1) taking of all or any part of or any interest in the Property by or under
assertion of the power of eminent domain, (2) any damage to or destruction of the Property or in
any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the
Property (collectively, the "Funds") shall be used to repair or restore the Property, but if the
property cannot be repaired or restored such Funds are hereby assigned to and shall be paid to
the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and
empowered (but not required) to collect and receive any Funds and is authorized to apply them in
whole or in part upon any indebtedness or obligation secured hereby, in such order and manner
as the Beneficiary shall determine at its sole option. The Beneficiary shall be entitled to settle
and adjust all claims under insurance policies provided under this Deed of Trust and may deduct
and retain from the proceeds of such insurance the amount of all expenses incurred by it in
connection with any such settlement or adjustment. All or any part of the amounts so collected
and recovered by the Beneficiary may be released to Trustor upon such conditions as the
Beneficiary may impose for its disposition. Application of all or any part of the Funds collected
and received by the Beneficiary or the release thereof shall not cure or waive any default under
this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights
of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to
reconstruct the improvements on the Property provided that Beneficiary reasonably determines
that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in
substantially the form they existed prior to the casualty or condemnation.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
The Trustor shall duly and punctually perform all terms, covenants, conditions and
agreements binding upon it under the Loan Documents and any other agreement of any nature
whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the
Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or
the enforcement of performance or observance of an obligation or agreement on the part of the
Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the
Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred
by the Beneficiary; and any such amounts paid by the Beneficiary shall be added to the Secured
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Obligations, and shall bear interest from the date such expenses are incurred at the lesser of ten
percent (10%) per annum or the maximum rate permitted by law.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth
in the Note in the amounts and by the times set out therein.
Section 5.4 Personal Property.
To the maximum extent permitted by law, the personal property subject to this Deed of
Trust shall be deemed to be fixtures and part of the real property and this Deed of Trust shall
constitute a fixtures filing under the California Commercial Code. As to any personal property
not deemed or permitted to be fixtures, this Deed of Trust shall constitute a security agreement
under the California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements
pursuant to the appropriate statutes, and any other documents or instruments as are required to
convey to the Beneficiary a valid perfected security interest in the Security. The Trustor agrees
to perform all acts which the Beneficiary may reasonably request so as to enable the Beneficiary
to maintain such valid perfected security interest in the Security in order to secure the payment of
the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such
financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order
to protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the
Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in
full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and
its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall
have the right, without payment of charges or fees, to inspect the Security.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor shall the Trustor
itself or any person claiming under or through it establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use or
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occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing
covenants shall run with the land.
ARTICLE 6
HAZARDOUS WASTE
Trustor shall keep and maintain the Property in compliance with, and shall not cause or
permit the Property to be in violation of any federal, state or local laws, ordinances or regulations
relating to industrial hygiene or to the environmental conditions ("Environmental Laws") on,
under or about the Property including, but not limited to, soil and ground water conditions.
Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property
or transport to or from the Property any flammable explosives, radioactive materials, hazardous
wastes, toxic substances or related materials, including without limitation, any substances
defined as or included in the definition of "hazardous substances," hazardous wastes,"
"hazardous materials," or "toxic substances" under any applicable federal or state laws or
regulations (collectively referred to hereinafter as "Hazardous Materials") except (a) as permitted
under Environmental Laws; or (b) such of the foregoing as may be customarily used in
construction or operation of a multi -family residential development.
Trustor shall immediately advise Beneficiary in writing if at any time it receives written
notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Trustor or the Property pursuant to any
applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
Materials, ("Hazardous Materials Law"); and (ii) all claims made or threatened by any third party
against Trustor or the Property relating to damage, contribution, cost recovery compensation,
loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii)
above are hereinafter referred to as "Hazardous Materials Claims").
Beneficiary shall have the right to join and participate in, as a party if it so elects, any
legal proceedings or actions initiated in connection with any Hazardous Materials Claims.
Beneficiary shall have its reasonable attorneys' fees in connection therewith paid by Trustor,
provided Trustor has failed, based on reasonable evidence produced by Beneficiary, to
adequately defend such Hazardous Materials Claims. Trustor shall indemnify, defend, and hold
harmless Beneficiary and its councilmembers, supervisors, directors, officers, employees, agents,
successors and assigns from and against any loss, damage, cost, expense or liability directly or
indirectly arising out of or attributable to the use, generation, storage, release, threatened release,
discharge, disposal, or presence of Hazardous Materials on, under, or about the Property,
including without limitation: (a) all foreseeable consequential damages; (b) the costs of any
required or necessary repair, cleanup or detoxification of the Property and the preparation and
implementation of any closure, remedial or other required plans; and (c) all reasonable costs and
expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not
limited to reasonable attorneys' fees and consultant's fees. This indemnification applies whether
or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability,
and expenses covered by this indemnification provision include, but are not limited to: (1) losses
attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable
space on the Property; (3) adverse effect on the marketing of any rental space on the Property;
and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by
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any regulatory agency (including but not limited to the costs of any required testing, remediation,
repair, removal, cleanup or detoxification of the Property and surrounding properties).
Without Beneficiary's prior written consent, which shall not be unreasonably delayed or
withheld, Trustor shall not take any Environmental Measure or other remedial action in response
to the presence of any Hazardous Materials on, under or about the Property, nor enter into any
settlement agreement, consent decree, or other compromise in respect to any Hazardous Material
Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's
reasonable judgement, impair the value of the Beneficiary's security hereunder; provided,
however, that Beneficiary's prior consent shall not be necessary in the event that the presence of
Hazardous Materials on, under, or about the Property either poses an immediate threat to the
health, safety or welfare of any individual or is of such a nature that an immediate remedial
response is necessary and it is not reasonably possible to obtain Beneficiary's consent before
taking such action, provided that in such event Trustor shall notify Beneficiary as soon as
practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such
consent is required hereunder, if (i) a particular remedial action is ordered by a court of
competent jurisdiction, (ii) Trustor will or may be subjected to civil or criminal sanctions or
penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction
of Beneficiary that there is no reasonable alternative to such remedial action which would result
in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by
Beneficiary.
The Trustor hereby acknowledges and agrees that (i) this Article is intended as the
Beneficiary's written request for information (and the Trustor's response) concerning the
environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other
Loan Documents (together with any indemnity applicable to a breach of any such representation
and warranty) with respect to the environmental condition of the property is intended by the
Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code
of Civil Procedure Section 736.
In the event that any portion of the Property is determined to be "environmentally
impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or
to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section
726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the
Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its
rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
remedies of an unsecured creditor, including reduction of its claim against the Trustor to
judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil
Procedure Section 726.5(a), the Trustor shall be deemed to have willfully permitted or
acquiesced in a release or threatened release of hazardous materials, within the meaning of
California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of
hazardous materials was knowingly or negligently caused or contributed to by any lessee,
occupant, or user of any portion of the Property and the Trustor knew or should have known of
the activity by such lessee, occupant, or user which caused or contributed to the release or
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threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred
by the Beneficiary in connection with any action commenced under this paragraph, including any
action required by California Code of Civil Procedure Section 726.5(b) to determine the degree
to which the Property is environmentally impaired, plus interest thereon at the default rate
specified in the Loan Agreement until paid, shall be added to the indebtedness secured by this
Deed of Trust and shall be due and payable to the Beneficiary upon its demand made at any time
following the conclusion of such action.
ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following shall constitute events of default ("Events of Default") following the
expiration of any applicable notice and cure periods: (1) failure to make any payment to be paid
by Trustor under the Loan Documents; (2) failure to observe or perform any of Trustor's other
covenants, agreements or obligations under the Loan Documents, including, without limitation,
the provisions concerning discrimination; (3) failure to make any payment or observe or perform
any of Trustor's other covenants, agreements, or obligations under any other debt instrument or
regulatory agreement secured by the Property, which default shall not be cured within the times
and in the manner provided therein; or (4) a default is declared under the Approved Financing by
the lender of such Approved Financing. Notwithstanding anything to the contrary contained
herein, Beneficiary hereby agrees that any cure of any default made or tendered by one or more
of Trustor's limited partners shall be deemed a cure by the Trustor and shall be accepted or
rejected on the same basis as if made or tendered by Trustor. Copies of all notices which are sent
to Trustor hereunder shall be sent to Investor Limited Partner at the address set forth in the Loan
Agreement, and the Investor Limited Partner shall have the right, but not the obligation to cure
an Event of Default hereunder, and Beneficiary will accept tender of such cure as if delivered by
Trustor.
Section 7.2 Acceleration of Maturity.
If an Event of Default shall have occurred and be continuing, then at the option of the
Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured
Obligations shall immediately become due and payable, upon written notice by the Beneficiary
to the Trustor (or automatically where so specified in the Loan Documents), and no omission on
the part of the Beneficiary to exercise such option when entitled to do so shall be construed as a
waiver of such right.
Section 7.3 The Beneficiary's Right to Enter and Take Possession.
If an Event of Default shall have occurred and be continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
security, enter upon the Security and take possession thereof (or any part thereof) and of any of
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the Security, in its own name or in the name of Trustee, and do any acts which it deems
necessary or desirable to preserve the value or marketability of the Property, or part thereof or
interest therein, increase the income therefrom or protect the security thereof. The entering upon
and taking possession of the Security shall not cure or waive any Event of Default or Notice of
Sale (as defined below) hereunder or invalidate any act done in response to such Event of
Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of
the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of
Trust, or by law upon occurrence of any Event of Default, including the right to exercise the
power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of default and demand for sale,
and a written notice of default and election to cause Trustor's interest in the Security to be sold
("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in
the Official Records of Alameda County; or
(d) Exercise all other rights and remedies provided herein, in the instruments
by which the Trustor acquires title to any Security, or in any other document or agreement now
or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein
contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to
constitute evidence that the Secured Obligations are immediately due and payable), and such
receipts and evidence of any expenditures made that are additionally secured hereby as Trustee
may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall
cause to be recorded, published and delivered to Trustor such Notice of Sale as then required by
law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such
time as may then be required by law and after recordation of such Notice of Sale having been
given as required by law, sell the Security, at the time and place of sale fixed by it in the Notice
of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem
expedient and in such order as it may determine unless specified otherwise by the Trustor
according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for
cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to
such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
property so sold, but without any covenant or warranty, express or implied. The recitals in such
deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person,
including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds
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of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured
Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured
hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Property by public
announcement at such time and place of sale, and from time to time thereafter, and without
further notice make such sale at the time fixed by the last postponement, or may, in its discretion,
give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of
right and without further notice to Trustor or anyone claiming under the Security, and without
regard to the then value of the Security or the interest of Trustor therein, shall have the right to
apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part
thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice
of any application therefor. Any such receiver or receivers shall have all the usual powers and
duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of
entry as provided herein, and shall continue as such and exercise all such powers until the date of
confirmation of sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of
Trust is intended to be exclusive of any other right, power or remedy, but each and every such
right, power and remedy shall be cumulative and concurrent and shall be in addition to any other
right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or
remedy accruing upon any Event of Default shall exhaust or impair any such right, power or
remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence
therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may
be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor
hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further
waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the
part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default,
irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary
of its right hereunder or impair any rights, power or remedies consequent on any Event of
Default by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the
payment or performance of any Secured Obligation, (ii) takes other or additional security or the
payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the
Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or
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otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents,
(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or
consents to any agreement subordinating the lien hereof, any such act or omission shall not
release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor shall any
such act or omission preclude the Beneficiary from exercising any right, power or privilege
herein granted or intended to be granted in any Event of Default then made or of any subsequent
Event of Default, nor, except as otherwise expressly provided in an instrument or instruments
executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary shall have power to (a) institute and maintain such suits and proceedings
as it may deem expedient to prevent any impairment of the Security and the rights of the
Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its
interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or
compliance with any legislation or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rule or order would impair the Security thereunder or be prejudicial to the interest of the
Beneficiary.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement,
adjustment, composition or other proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and
other documents as may be necessary or advisable in order to have the claims of the Beneficiary
allowed in such proceedings and for any additional amount which may become due and payable
by the Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of
protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in
taking any action to collect any Secured Obligations or in proceedings against the Security, in
connection with the delivery, acceptance, performance, default, endorsement or guaranty of this
Deed of Trust.
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ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only
by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid
or forgiven, and all obligations under the Loan Documents have been performed in full, and
upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment
by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the
person or persons legally entitled thereto.
Section 8.3 Notices.
Formal notices, demands, and communications between the Parties shall be sufficiently given if
and shall not be deemed given unless (a) dispatched by registered or certified mail, postage
prepaid, return receipt requested, (b) delivered by express delivery service, return receipt
requested, (c) delivered personally, or (d) sent by electronic mail, provided that any notice sent
by electronic mail must be followed by notice delivered under either (a), (b), or (c) within 2
business days. All such notices shall be delivered to the principal office of the Parties as follows:
Borrower: Corona/Ely Ranch, Inc.
22645 Grand Street
Hayward, CA 94541
Attention: Chief Executive Officer
City: City of Dublin
37101 Dublin Blvd.
Dublin, CA 94560
Attn: Community Development Director
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate by mail as provided in this
Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable) except that any
electronic mail received after 5:00 p.m. shall be deemed to have been received on the next
business day.
Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation shall also
apply to and bind any transferee or successors in interest. Where the terms of the Deed of Trust
have the effect of creating an obligation of the Trustor and a transferee, such obligation shall be
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deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is
more than one entity or person, all obligations of Trustor shall be deemed to be a joint and
several obligation of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience
of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term
or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or
other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of
the terms and provisions hereof, which terms and provisions shall remain binding and
enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or
partially secured portion of the debt, and all payments made on the debt, whether voluntary or
under foreclosure or other enforcement action or procedure, shall be considered to have been
first paid or applied to the full payment of that portion of the debt which is not secured or
partially secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust shall be governed by and construed in accordance with the laws of the
State of California.
Section 8.8 Gender and Number.
In this Deed of Trust the singular shall include the plural and the masculine shall include
the feminine and neuter and vice versa, if the context so requires.
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage shall also refer to a deed of trust and
any reference to a deed of trust shall also refer to a mortgage.
Section 8.10 Actions.
Trustor agrees to appear in and defend any action or proceeding purporting to affect the
Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
named herein or acting hereunder to execute this Trust. Upon such appointment, and without
conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties
conferred upon any Trustee herein named or acting hereunder. Each such appointment and
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substitution shall be made by written instrument executed by Beneficiary, containing reference to
this Deed of Trust and its place of record, which, when duly recorded in the proper office of the
county or counties in which the Property is situated, shall be conclusive proof of proper
appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
made public record as provided by law. Except as otherwise provided by law the Trustee is not
obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of
proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
Section 8.14 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured
by this Deed of Trust or contained in any subordination agreement, the Beneficiary
acknowledges and agrees that in the event of a foreclosure or deed -in -lieu of foreclosure
(collectively, "Foreclosure") with respect to the Security encumbered by this Deed of Trust, the
following rule contained in Section 42(h)(6)(E)(ii) of the Internal Revenue Code of 1986 (26
USC 42 (h)(6)(E)(ii)), as amended, shall apply:
For a period of three (3) years from the date of Foreclosure, with respect to any unit that
had been regulated by a Regulatory Agreement with the California Tax Credit Allocation
Committee, (i) none of the tenants occupying those units at the time of Foreclosure may be
evicted or their tenancy terminated (other than for good cause), (ii) nor may any rent be
increased except as otherwise permitted under Section 42 of the Code.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
year first above written.
TRUSTOR:
CORONA/ELY RANCH, INC.,
a California nonprofit public benefit corporation
By:
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A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
)
)
)
On , before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Alameda, City of Dublin, State of California, and
is described as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11
and 12, Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021,
Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda,
State of California, described as follows:
Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920,
filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the
County Recorder of Alameda County, more particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2;
Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08' 15"
East 31.11 feet;
Thence leaving said Northerly line, along the arc of a non -tangent 40.00 foot radius curve to
the left, from which the center of said curve bears South 33° 42' 04 East, through a central
angle of 77° 09' 41" an arc distance of 53.87 feet, to the Westerly line of said Parcel 2;
Thence along said Westerly line, North 20° 51' 45" West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor,
in, over, along and across that certain land situated in the Township of Pleasanton, County of
Alameda, State of California, described as follows:
Beginning at the most Western corner of the parcel of land described in the Deed from Amfac
Merchandising Corporation, a California corporation to Baydale, Inc., a Delaware corporation,
recorded December 28, 1971, Reel 3026, Image 888, Recorder's Series No. 71-169856,
Alameda County Records; thence through a portion of the last named parcel of land and along
the Northwestern boundary line thereof, North 69° 08' 15" East, 329.29 feet; thence at right
angles to the last named line South 20° 51' 45" East, 71.00 feet to the Northeastern corner of
the parcel of land described in the Deed from Baydale, Inc., a Delaware corporation, to Amfac
Merchandising Corporation, a California corporation, recorded April 12, 1972, Reel 3104 Image
883, Recorder's Series No. 72-47311, Alameda County Records; thence along the last named
line South 69° 08' 15" West 329.29 feet to the Northeastern line of Regional Street being
the parcel of land described as Parcel One in the Deed from Motel Interstate Systems, Inc., to
the County of Alameda, recorded March 8, 1971, Reel 2802 Image 404, Recorder's Series No.
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71-26256, Alameda County Records; thence along the last named line North 20° 51' 45" West,
71.00 feet to the point of beginning
Assessor's Parcel No. 941-1500-025-2 (Affects this and other property)
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EXHIBIT E
CITY CONSTRUCTION/PERMANENT LOAN PROMISSORY NOTE
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PROMISSORY NOTE
(Regional Street Apartments)
$3,333,333 Dublin, California
, 202
FOR VALUE RECEIVED, the undersigned
("Borrower"), hereby promises to pay to the order of the City of Dublin, a California municipal
corporation ("Holder"), 100 Civic Plaza, Dublin, California, 94568, Attn:
, the principal amount of Three Million Three Hundred Thirty -Three
Thousand Three Hundred Thirty -Three Dollars ($3,333,333), plus interest thereon pursuant to
Section 2 below (the "City Construction/Permanent Loan").
1. Borrower's Obligation. This promissory note (the "Note") evidences
Borrower's obligation to pay Holder the principal amount of the City Construction/Permanent
Loan loaned to Borrower by Holder pursuant to the Affordable Housing Assistance Agreement
between Borrower and Corona/Ely Ranch, Inc. dated , 2023 (the "AHAA").
All capitalized terms not otherwise defined in this Note shall have the meanings set forth in the
AHAA.
2. Interest. The City Construction/Permanent Loan bears interest from the
date of this Note at three percent (3%) interest, until full repayment of the outstanding balance of
the City Construction/Permanent Loan.
3. Term and Repayment Requirements. Principal and interest under this
Note in the amount of the City Pro rata Percentage of Fifty Percent (50%) of the Residual
Receipts is due and payable as set forth in Section 4.9 of the AHAA. The unpaid principal
balance hereunder, together with accrued interest thereon, is due and payable no later than the
date that is the fifty-fifth (55th) anniversary of the date that a final certificate of occupancy is
issued by the City of Dublin to certify that the construction of the Development is complete and
the Development may be legally occupied (the "Completion Date").
4. Disbursements. All disbursements shall be in accordance with the terms
of the AHAA.
5. Prepayment. Borrower may prepay the City Construction/Permanent
Loan at any time without penalty or fee.
6. Assumption. This Note shall not be assumable by the successors and
assigns of Borrower without the prior written consent of Holder unless the assignment complies
with Section 6.3 of the AHAA. Holder may assign its interest in the Note to any person or entity
in Holder's sole discretion.
7. Security. This Note shall be secured by the Deed of Trust on the Property,
wherein Borrower is the trustor and Holder is the beneficiary. The terms of the Deed of Trust
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are hereby incorporated into this Note and made a part hereof. This Note is nonrecourse to
Borrower and the general and limited partners of the Borrower, and the sole recourse of Holder
with respect to the payment of the principal of, and interest on this Note shall be to the Property
and the Improvements and any other collateral held by Holder as security for this Note; provided
however, nothing contained herein is intended to relieve the Borrower of liability to the extent of
any loss for fraud or intentional misrepresentation, or bad faith, waste, willful misrepresentation
by the Borrower; or the failure to pay taxes, assessments or other charges which may create liens
on the Property that are payable or applicable prior to any foreclosure under the Deed of Trust
(to the full extent of such taxes, assessments or other charges); or be deemed in any way to limit
the rights of the Holder to obtain specific performance by the Borrower of its covenants under
the City Documents, other than the covenants to pay the Holder principal and interest due under
this Note.
8. Terms of Payment.
(a) All payments due under this Note shall be paid in currency of the
United States of America, which at the time of payment is lawful for the payment of public and
private debts.
(b) All payments on this Note shall be paid to Holder at the address set
forth in the first paragraph of this Note, or to such other place as Holder of this Note may from
time to time designate.
(c) All payments on this Note shall be without expense to Holder, and
Borrower agrees to pay all costs and expenses, including reconveyance fees and reasonable
attorney's fees of Holder, incurred in connection with the payment of this Note and the release of
any security hereof.
(d) Notwithstanding any other provision of this Note, or any
instrument securing the obligations of Borrower under this Note, if, for any reason whatsoever,
the payment of any sums by Borrower pursuant to the terms of this Note would result in the
payment of interest which would exceed the amount that Holder may legally charge under the
laws of the State of California, then the amount by which payments exceed the lawful interest
rate shall automatically be deducted from the principal balance owing on this Note, so that in no
event shall Borrower be obligated under the terms of this Note to pay any interest which would
exceed the lawful rate.
9. Default.
(a) Any of the following shall constitute an event of default under this
Note:
(i) Any failure to pay, in full, any payment required under this
Note when due following written notice by the Holder of such failure and ten (10) days
opportunity to cure;
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(ii) Any failure in the performance by Borrower of any term,
condition, provision or covenant set forth in this Note subject to the notice and cure period set
forth in Section 9.1 of the AHAA; and
(iii) The occurrence of any Borrower event of default under the
AHAA, the City Construction/Permanent Loan Deed of Trust, the Regulatory Agreement, or
other instrument securing the obligations of Borrower under this Note or under any other
promissory notes hereafter issued by Borrower to Holder pursuant to the AHAA or the City
Construction/Permanent Loan Deed of Trust (the "City Loan Documents"), subject to notice and
cure periods, if any, set forth therein.
(b) Upon the occurrence of one or more of the foregoing events of
default, the entire unpaid principal balance, together with all interest thereon, and together with
all other sums then payable under this Note and the Deed of Trust shall at the option of Holder
become immediately due and payable upon written notice by Holder to Borrower without further
demand.
(c) Holder's failure to exercise the remedy set forth in Subsection 9(b)
above or any other remedy provided by law upon the occurrence of one or more of the foregoing
events of default shall not constitute a waiver of the right to exercise any remedy at any
subsequent time in respect to the same or any other default. The acceptance by Holder hereof of
any payment which is less than the total of all amounts due and payable at the time of such
payment shall not constitute a waiver of the right to exercise any of the foregoing remedies or
options at that time or at any subsequent time, or nullify any prior exercise of any such remedy
or option, without the express consent of Holder, except as and to the extent otherwise provided
by law.
(d) Notwithstanding anything herein to the contrary, Holder hereby
agrees that any cure of any default made or tendered by one or more of Borrower's limited
partners shall be deemed a cure by Borrower and shall be accepted or rejected on the same basis
as if made or tendered by Borrower. Copies of all notices which are sent hereunder to Borrower
shall be sent to Borrower's limited partners at the address provided pursuant to Section 11.3 of
the AHAA.
10. Waivers.
(a) Borrower hereby waives diligence, presentment, protest and
demand, and notice of protest, notice of demand, notice of dishonor and notice of non-payment
of this Note. Borrower expressly agrees that this Note or any payment hereunder may be
extended from time to time, and that Holder may accept further security or release any security
for this Note, all without in any way affecting the liability of Borrower.
(b) Any extension of time for payment of this Note or any installment
hereof made by agreement of Holder with any person now or hereafter liable for payment of this
Note shall not operate to release, discharge, modify, change or affect the original liability of
Borrower under this Note, either in whole or in part.
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(c) The obligations of Borrower under this Note shall be absolute and
Borrower waives any and all rights to offset, deduct or withhold any payments or charges due
under this Note for any reason whatsoever.
11. Miscellaneous Provisions.
(a) All notices to Holder or Borrower shall be given in the manner and
at the addresses set forth in the AHAA, or to such addresses as Holder and Borrower may therein
designate.
(b) Borrower promises to pay all costs and expenses, including
reasonable attorney's fees, incurred by Holder in the enforcement of the provisions of this Note,
regardless of whether suit is filed to seek enforcement.
(c) This Note may not be changed orally, but only by an agreement in
writing signed by the party against whom enforcement of any waiver, change, modification or
discharge is sought.
(d) This Note shall be governed by and construed in accordance with
the laws of the State of California.
(e) The times for the performance of any obligations hereunder shall
be strictly construed, time being of the essence.
(0 This document, together with the City Loan Documents, contains
the entire agreement between the parties as to the City Construction/Permanent Loan. It may not
be modified except upon written consent of the parties.
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IN WITNESS WHEREOF, Borrower is executing this Promissory Note as of the date
first above written.
By:
Name:
5379382.1
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EXHIBIT F
CITY CONSTRUCTION/PERMANENT LOAN DEED OF TRUST
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
No fee for recording pursuant to
Government Code Section 27383 and 27388.1
DEED OF TRUST WITH ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND FIXTURE FILING
(Regional Street Apartments)
THIS DEED OF TRUST WITH ASSIGNMENT OF RENTS, SECURITY
AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made as of ,
202_, by and among ("Trustor"), Title
Company ("Trustee"), and the City of Dublin, a California municipal corporation
("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the indebtedness herein
recited and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions
hereinafter set forth, Trustor's interest in the property located in the County of Alameda, State of
California, that is described in the attached Exhibit A, incorporated herein by this reference (the
"Property");
TOGETHER WITH all interest, estates or other claims, both in law and in equity which
Trustor now has or may hereafter acquire in the Property and the rents;
TOGETHER WITH all easements, rights -of -way and rights used in connection therewith
or as a means of access thereto, including (without limiting the generality of the foregoing) all
tenements, hereditaments and appurtenances thereof and thereto;
TOGETHER WITH any and all buildings and improvements of every kind and
description now or hereafter erected thereon, and all property of the Trustor now or hereafter
affixed to or placed upon the Property;
TOGETHER WITH all building materials and equipment now or hereafter delivered to
said property and intended to be installed therein;
TOGETHER WITH all right, title and interest of Trustor, now owned or hereafter
acquired, in and to any land lying within the right-of-way of any street, open or proposed,
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adjoining the Property, and any and all sidewalks, alleys and strips and areas of land adjacent to
or used in connection with the Property;
TOGETHER WITH all estate, interest, right, title, other claim or demand, of every
nature, in and to such property, including the Property, both in law and in equity, including, but
not limited to, all deposits made with or other security given by Trustor to utility companies, the
proceeds from any or all of such property, including the Property, claims or demands with
respect to the proceeds of insurance in effect with respect thereto, which Trustor now has or may
hereafter acquire, any and all awards made for the taking by eminent domain or by any
proceeding or purchase in lieu thereof of the whole or any part of such property, including
without limitation, any awards resulting from a change of grade of streets and awards for
severance damages to the extent Beneficiary has an interest in such awards for taking as
provided in Paragraph 4.1 herein;
TOGETHER WITH all of Trustor's interest in all articles of personal property or fixtures
now or hereafter attached to or used in and about the building or buildings now erected or
hereafter to be erected on the Property which are necessary to the complete and comfortable use
and occupancy of such building or buildings for the purposes for which they were or are to be
erected, including all other goods and chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one herein
described and referred to, and all renewals or replacements thereof or articles in substitution
therefor, whether or not the same are, or shall be attached to said building or buildings in any
manner; and
TOGETHER WITH all of Trustor's interest in all building materials, fixtures, equipment,
work in process and other personal property to be incorporated into the Property; all goods,
materials, supplies, fixtures, equipment, machinery, furniture and furnishings, signs and other
personal property now or hereafter appropriated for use on the Property, whether stored on the
Property or elsewhere, and used or to be used in connection with the Property; all rents, issues
and profits, and all inventory, accounts, accounts receivable, contract rights, general intangibles,
chattel paper, instruments, documents, notes drafts, letters of credit, insurance policies, insurance
and condemnation awards and proceeds, trade names, trademarks and service marks arising from
or related to the Property and any business conducted thereon by Trustor; all replacements,
additions, accessions and proceeds; and all books, records and files relating to any of the
foregoing.
All of the foregoing, together with the Property, is herein referred to as the "Security."
To have and to hold the Security together with acquittances to the Trustee, its successors and
assigns forever.
FOR THE PURPOSE OF SECURING THE FOLLOWING OBLIGATIONS (the "Secured
Obligations"):
(a) Payment to Beneficiary of all sums at any time owing under or in connection with
the Note (defined in Section 1.3 below) until paid or cancelled and any other amounts owing
under the Loan Documents (defined in Section 1.2 below). Said principal and other payments
shall be due and payable as provided in the Note or other Loan Documents, as applicable. The
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Note and all its terms are incorporated herein by reference, and this conveyance shall secure any
and all extensions thereof, however evidenced;
(b) Payment of any sums advanced by Beneficiary to protect the Security pursuant to
the terms and provisions of this Deed of Trust following a breach of Trustor's obligation to
advance said sums and the expiration of any applicable cure period, with interest thereon as
provided herein;
(c) Performance of every obligation, covenant or agreement of Trustor contained
herein and in the Loan Documents; and
(d) All modifications, extensions and renewals of any of the Secured Obligations
(including without limitation, (i) modifications, extensions or renewals at a different rate of
interest, or (ii) deferrals or accelerations of the required principal payment dates or interest
payment dates or both, in whole or in part), however evidenced, whether or not any such
modification, extension or renewal is evidenced by a new or additional promissory note or notes.
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
DEFINITIONS
In addition to the terms defined elsewhere in this Deed of Trust, the following terms shall
have the following meanings in this Deed of Trust:
Section 1.1 The term "Loan Agreement" means that certain Affordable Housing
Assistance Agreement between Trustor and Beneficiary, dated , 2023.
Section 1.2 The term "Loan Documents" means this Deed of Trust, the Note, the Loan
Agreement, the Regulatory Agreement, and any other debt, loan or security instruments between
Trustor and the Beneficiary relating to the Property.
Section 1.3 The term "Note" means the promissory note in the principal amount of
Three Million Three Hundred Thirty -Three Thousand Three Hundred Thirty -Three Dollars
($3,333,333), of even date herewith, executed by Trustor in favor of the Beneficiary, as it may be
amended or restated, the payment of which is secured by this Deed of Trust. (A copy of the Note
is on file with the Beneficiary and terms and provisions of the Note are incorporated herein by
reference.)
Section 1.4 The term "Principal" means the amount required to be paid under the
Note.
Section 1.5 The term "Regulatory Agreement" means the Regulatory Agreement and
Declaration of Restrictive Covenants of even date herewith by and between the Beneficiary and
the Trustor.
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ARTICLE 2
MAINTENANCE AND MODIFICATION OF THE
PROPERTY AND SECURITY
Section 2.1 Maintenance and Modification of the Property by Trustor.
The Trustor agrees that at all times prior to full payment and performance of the Secured
Obligations, the Trustor will, at the Trustor's own expense, maintain, preserve and keep the
Security or cause the Security to be maintained and preserved in good condition, reasonable wear
and tear excepted. The Trustor will from time to time make or cause to be made all repairs,
replacements and renewals deemed proper and necessary by it. The Beneficiary shall have no
responsibility in any of these matters or for the making of improvements or additions to the
Security.
Trustor agrees to pay fully and discharge (or cause to be paid fully and discharged) all
claims for labor done and for material and services furnished in connection with the Security,
diligently to file or procure the filing of a valid notice of cessation upon the event of a cessation
of labor on the work or construction on the Security for a continuous period of thirty (30) days or
more, and to take all other reasonable steps to forestall the assertion of claims of lien against the
Security of any part thereof. Trustor irrevocably appoints, designates and authorizes Beneficiary
as its agent (said agency being coupled with an interest) with the authority, but without any
obligation, to file for record any notices of completion or cessation of labor or any other notice
that Beneficiary deems necessary or desirable to protect its interest in and to the Security or the
Loan Documents; provided, however, that Beneficiary shall exercise its rights as agent of Trustor
only in the event that Trustor shall fail to take, or shall fail to diligently continue to take, those
actions as hereinbefore provided.
Upon demand by Beneficiary, Trustor shall make or cause to be made such demands or
claims as Beneficiary shall specify upon laborers, materialmen, subcontractors or other persons
who have furnished or claim to have furnished labor, services or materials in connection with the
Security. Nothing herein contained shall require Trustor to pay any claims for labor, materials or
services which Trustor in good faith disputes and is diligently contesting provided that Trustor
shall, within thirty (30) days after the filing of any claim of lien, record in the Office of the
Recorder of Alameda County, a surety bond in an amount 1 and 1/2 times the amount of such
claim item to protect against a claim of lien.
Section 2.2 Granting of Easements.
Trustor may not grant easements, licenses, rights -of -way or other rights or privileges in
the nature of easements with respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of public utilities including, without
limitation, water, gas, electricity, sewer, telephone and telegraph, or those otherwise required by
law, and as approved, in writing, by Beneficiary.
Section 2.3 Assignment of Rents.
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As part of the consideration for the indebtedness evidenced by the Note, Trustor hereby
absolutely and unconditionally assigns and transfers to Beneficiary all the rents and revenues of
the Property including those now due, past due, or to become due by virtue of any lease or other
agreement for the occupancy or use of all or any part of the Property, regardless of to whom the
rents and revenues of the Property are payable. Trustor hereby authorizes Beneficiary or
Beneficiary's agents to collect the aforesaid rents and revenues and hereby directs each tenant of
the Property to pay such rents to Beneficiary or Beneficiary's agents; provided, however, that
prior to written notice given by Beneficiary to Trustor of the breach by Trustor of any covenant
or agreement of Trustor in the Loan Documents, Trustor shall collect and receive all rents and
revenues of the Property as trustee for the benefit of Beneficiary and Trustor to apply the rents
and revenues so collected to the Secured Obligations with the balance, so long as no such breach
has occurred, to the account of Trustor, it being intended by Trustor and Beneficiary that this
assignment of rents constitutes an absolute assignment and not an assignment for additional
security only. Upon delivery of written notice by Beneficiary to Trustor of the breach by Trustor
of any covenant or agreement of Trustor in the Loan Documents, and without the necessity of
Beneficiary entering upon and taking and maintaining full control of the Property in person, by
agent or by a court -appointed receiver, Beneficiary shall immediately be entitled to possession of
all rents and revenues of the Property as specified in this Section 2.3 as the same becomes due
and payable, including but not limited to rents then due and unpaid, and all such rents shall
immediately upon delivery of such notice be held by Trustor as trustee for the benefit of
Beneficiary only; provided, however, that the written notice by Beneficiary to Trustor of the
breach by Trustor shall contain a statement that Beneficiary exercises its rights to such rents.
Trustor agrees that commencing upon delivery of such written notice of Trustor's breach by
Beneficiary to Trustor, each tenant of the Property shall make such rents payable to and pay such
rents to Beneficiary or Beneficiary's agents on Beneficiary's written demand to each tenant
therefor, delivered to each tenant personally, by mail or by delivering such demand to each rental
unit, without any liability on the part of said tenant to inquire further as to the existence of a
default by Trustor.
Trustor hereby covenants that Trustor has not executed any prior assignment of said
rents, that Trustor has not performed, and will not perform, any acts or has not executed and will
not execute, any instrument which would prevent Beneficiary from exercising its rights under
this Section 2.3, and that at the time of execution of this Deed of Trust, there has been no
anticipation or prepayment of any of the rents of the Property for more than two (2) months prior
to the due dates of such rents. Trustor covenants that Trustor will not hereafter collect or accept
payment of any rents of the Property more than two (2) months prior to the due dates of such
rents. Trustor further covenant that Trustor will execute and deliver to Beneficiary such further
assignments of rents and revenues of the Property as Beneficiary may from time to time request.
Upon Trustor's breach of any covenant or agreement of Trustor in the Loan Documents,
Beneficiary may in person, by agent or by a court -appointed receiver, regardless of the adequacy
of Beneficiary's security, enter upon and take and maintain full control of the Property in order to
perform all acts necessary and appropriate for the operation and maintenance thereof including,
but not limited to, the execution, cancellation or modification of leases, the collection of all rents
and revenues of the Property, the making of repairs to the Property and the execution or
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termination of contracts providing for the management or maintenance of the Property, all on
such terms as are deemed best to protect the security of this Deed of Trust. In the event
Beneficiary elects to seek the appointment of a receiver for the Property upon Trustor's breach of
any covenant or agreement of Trustor in this Deed of Trust, Trustor hereby expressly consents to
the appointment of such receiver. Beneficiary or the receiver shall be entitled to receive a
reasonable fee for so managing the Property.
All rents and revenues collected subsequent to delivery of written notice by Beneficiary
to Trustor of the breach by Trustor of any covenant or agreement of Trustor in the Loan
Documents shall be applied first to the costs, if any, of taking control of and managing the
Property and collecting the rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, costs of repairs to the Property, premiums on insurance policies,
taxes, assessments and other charges on the Property, and the costs of discharging any obligation
or liability of Trustor as lessor or landlord of the Property and then to the sums secured by this
deed of Trust. Beneficiary or the receiver shall have access to the books and records used in the
operation and maintenance of the Property and shall be liable to account only for those rents
actually received. Beneficiary shall not be liable to Trustor, anyone claiming under or through
Trustor or anyone having an interest in the Property by reason of anything done or left undone by
Beneficiary under this Section 2.3.
If the rents of the Property are not sufficient to meet the costs, if any, of taking control of
and managing the Property and collecting the rents, any funds expended by Beneficiary for such
purposes shall become part of the Secured Obligations pursuant to Section 3.3 hereof. Unless
Beneficiary and Trustor agree in writing to other terms of payment, such amounts shall be
payable upon notice from Beneficiary to Trustor requesting payment thereof and shall bear
interest from the date of disbursement at the rate stated in Section 3.3.
Any entering upon and taking and maintaining of control of the Property by Beneficiary
or the receiver and any application of rents as provided herein shall not cure or waive any default
hereunder or invalidate any other right or remedy of Beneficiary under applicable law or
provided herein. This assignment of rents of the Property shall terminate at such time as this
Deed of Trust ceases to secure the Secured Obligations.
ARTICLE 3
TAXES AND INSURANCE; ADVANCES
Section 3.1 Taxes, Other Governmental Charges and Utility Charges.
Trustor shall pay, or cause to be paid, prior to the date of delinquency, all taxes,
assessments, charges and levies imposed by any public authority or utility company which are or
may become a lien affecting the Security or any part thereof; provided, however, that Trustor
shall not be required to pay and discharge any such tax, assessment, charge or levy so long as (a)
the legality thereof shall be promptly and actively contested in good faith and by appropriate
proceedings, and (b) Trustor maintains reserves adequate to pay any liabilities contested pursuant
to this Section 3.1. With respect to taxes, special assessments or other similar governmental
charges, Trustor shall pay such amount in full prior to the attachment of any lien therefor on any
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part of the Security; provided, however, if such taxes, assessments or charges may be paid in
installments, Trustor may pay in such installments. Except as provided in clause (b) of the first
sentence of this paragraph, the provisions of this Section 3.1 shall not be construed to require that
Trustor maintain a reserve account, escrow account, impound account or other similar account
for the payment of future taxes, assessments, charges and levies.
In the event that Trustor shall fail to pay any of the foregoing items required by this
Section to be paid by Trustor, Beneficiary may (but shall be under no obligation to) pay the
same, after the Beneficiary has notified the Trustor of such failure to pay and the Trustor fails to
fully pay such items within seven (7) business days after receipt of such notice. Any amount so
advanced therefor by Beneficiary, together with interest thereon from the date of such advance at
the maximum rate permitted by law, shall become part of the Secured Obligations secured
hereby, and Trustor agrees to pay all such amounts.
Section 3.2 Provisions Respecting Insurance.
Trustor agrees to provide insurance conforming in all respects to that required under the
Loan Documents during the course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid and all Secured Obligations
secured hereunder fulfilled, and this Deed of Trust reconveyed.
All such insurance policies and coverages shall be maintained at Trustor's sole cost and
expense. Certificates of insurance for all of the above insurance policies, showing the same to be
in full force and effect, shall be delivered to the Beneficiary upon demand therefor at any time
prior to Trustor's satisfaction of the Secured Obligations.
Section 3.3 Advances.
In the event the Trustor shall fail to maintain the full insurance coverage required by this
Deed of Trust or shall fail to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to Trustor, may (but shall be under no
obligation to) take out the required policies of insurance and pay the premiums on the same or
may make such repairs or replacements as are necessary and provide for payment thereof; and all
amounts so advanced therefor by the Beneficiary shall become part of the Secured Obligations
(together with interest as set forth below) and shall be secured hereby, which amounts the
Trustor agrees to pay on the demand of the Beneficiary, and if not so paid, shall bear interest
from the date of the advance at the lesser of ten percent (10%) per annum or the maximum rate
permitted by law.
ARTICLE 4
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 4.1 Awards and Damages.
All judgments, awards of damages, settlements and compensation made in connection
with or in lieu of (1) taking of all or any part of or any interest in the Property by or under
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assertion of the power of eminent domain, (2) any damage to or destruction of the Property or in
any part thereof by insured casualty, and (3) any other injury or damage to all or any part of the
Property (collectively, the "Funds") shall be used to repair or restore the Property, but if the
property cannot be repaired or restored such Funds are hereby assigned to and shall be paid to
the Beneficiary by a check made payable to the Beneficiary. The Beneficiary is authorized and
empowered (but not required) to collect and receive any Funds and is authorized to apply them in
whole or in part upon any indebtedness or obligation secured hereby, in such order and manner
as the Beneficiary shall determine at its sole option. The Beneficiary shall be entitled to settle
and adjust all claims under insurance policies provided under this Deed of Trust and may deduct
and retain from the proceeds of such insurance the amount of all expenses incurred by it in
connection with any such settlement or adjustment. All or any part of the amounts so collected
and recovered by the Beneficiary may be released to Trustor upon such conditions as the
Beneficiary may impose for its disposition. Application of all or any part of the Funds collected
and received by the Beneficiary or the release thereof shall not cure or waive any default under
this Deed of Trust. The rights of the Beneficiary under this Section 4.1 are subject to the rights
of any senior mortgage lender. The Beneficiary shall release the Funds to Trustor to be used to
reconstruct the improvements on the Property provided that Beneficiary reasonably determines
that Trustor (taking into account the Funds) has sufficient funds to rebuild the improvements in
substantially the form they existed prior to the casualty or condemnation.
ARTICLE 5
AGREEMENTS AFFECTING THE PROPERTY; FURTHER
ASSURANCES; PAYMENT OF PRINCIPAL AND INTEREST
Section 5.1 Other Agreements Affecting Property.
The Trustor shall duly and punctually perform all terms, covenants, conditions and
agreements binding upon it under the Loan Documents and any other agreement of any nature
whatsoever now or hereafter involving or affecting the Security or any part thereof.
Section 5.2 Agreement to Pay Attorneys' Fees and Expenses.
In the event of any Event of Default (as defined in Section 7.1) hereunder, and if the
Beneficiary should employ attorneys or incur other expenses for the collection of amounts due or
the enforcement of performance or observance of an obligation or agreement on the part of the
Trustor in this Deed of Trust, the Trustor agrees that it will, on demand therefor, pay to the
Beneficiary the reasonable fees of such attorneys and such other reasonable expenses so incurred
by the Beneficiary; and any such amounts paid by the Beneficiary shall be added to the Secured
Obligations, and shall bear interest from the date such expenses are incurred at the lesser of ten
percent (10%) per annum or the maximum rate permitted by law.
Section 5.3 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and any other payments as set forth
in the Note in the amounts and by the times set out therein.
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Section 5.4 Personal Property.
To the maximum extent permitted by law, the personal property subject to this Deed of
Trust shall be deemed to be fixtures and part of the real property and this Deed of Trust shall
constitute a fixtures filing under the California Commercial Code. As to any personal property
not deemed or permitted to be fixtures, this Deed of Trust shall constitute a security agreement
under the California Commercial Code.
Section 5.5 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary such financing statements
pursuant to the appropriate statutes, and any other documents or instruments as are required to
convey to the Beneficiary a valid perfected security interest in the Security. The Trustor agrees
to perform all acts which the Beneficiary may reasonably request so as to enable the Beneficiary
to maintain such valid perfected security interest in the Security in order to secure the payment of
the Note in accordance with its terms. The Beneficiary is authorized to file a copy of any such
financing statement in any jurisdiction(s) as it shall deem appropriate from time to time in order
to protect the security interest established pursuant to this instrument.
Section 5.6 Operation of the Security.
The Trustor shall operate the Security (and, in case of a transfer of a portion of the
Security subject to this Deed of Trust, the transferee shall operate such portion of the Security) in
full compliance with the Loan Documents.
Section 5.7 Inspection of the Security.
At any and all reasonable times upon seventy-two (72) hours' notice, the Beneficiary and
its duly authorized agents, attorneys, experts, engineers, accountants and representatives, shall
have the right, without payment of charges or fees, to inspect the Security.
Section 5.8 Nondiscrimination.
The Trustor herein covenants by and for itself, its heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on account of race, color, creed,
religion, age, sex, sexual orientation, marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Security, nor shall the Trustor
itself or any person claiming under or through it establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees in the Security. The foregoing
covenants shall run with the land.
ARTICLE 6
HAZARDOUS WASTE
Trustor shall keep and maintain the Property in compliance with, and shall not cause or
permit the Property to be in violation of any federal, state or local laws, ordinances or regulations
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relating to industrial hygiene or to the environmental conditions ("Environmental Laws") on,
under or about the Property including, but not limited to, soil and ground water conditions.
Trustor shall not use, generate, manufacture, store or dispose of on, under, or about the Property
or transport to or from the Property any flammable explosives, radioactive materials, hazardous
wastes, toxic substances or related materials, including without limitation, any substances
defined as or included in the definition of "hazardous substances," hazardous wastes,"
"hazardous materials," or "toxic substances" under any applicable federal or state laws or
regulations (collectively referred to hereinafter as "Hazardous Materials") except (a) as permitted
under Environmental Laws; or (b) such of the foregoing as may be customarily used in
construction or operation of a multi -family residential development.
Trustor shall immediately advise Beneficiary in writing if at any time it receives written
notice of (i) any and all enforcement, cleanup, removal or other governmental or regulatory
actions instituted, completed or threatened against Trustor or the Property pursuant to any
applicable federal, state or local laws, ordinances, or regulations relating to any Hazardous
Materials, ("Hazardous Materials Law"); and (ii) all claims made or threatened by any third party
against Trustor or the Property relating to damage, contribution, cost recovery compensation,
loss or injury resulting from any Hazardous Materials (the matters set forth in clauses (i) and (ii)
above are hereinafter referred to as "Hazardous Materials Claims").
Beneficiary shall have the right to join and participate in, as a party if it so elects, any
legal proceedings or actions initiated in connection with any Hazardous Materials Claims.
Beneficiary shall have its reasonable attorneys' fees in connection therewith paid by Trustor,
provided Trustor has failed, based on reasonable evidence produced by Beneficiary, to
adequately defend such Hazardous Materials Claims. Trustor shall indemnify, defend, and hold
harmless Beneficiary and its councilmembers, supervisors, directors, officers, employees, agents,
successors and assigns from and against any loss, damage, cost, expense or liability directly or
indirectly arising out of or attributable to the use, generation, storage, release, threatened release,
discharge, disposal, or presence of Hazardous Materials on, under, or about the Property,
including without limitation: (a) all foreseeable consequential damages; (b) the costs of any
required or necessary repair, cleanup or detoxification of the Property and the preparation and
implementation of any closure, remedial or other required plans; and (c) all reasonable costs and
expenses incurred by Beneficiary in connection with clauses (a) and (b), including but not
limited to reasonable attorneys' fees and consultant's fees. This indemnification applies whether
or not any government agency has issued a cleanup order. Losses, claims, costs, suits, liability,
and expenses covered by this indemnification provision include, but are not limited to: (1) losses
attributable to diminution in the value of the Property; (2) loss or restriction of use of rentable
space on the Property; (3) adverse effect on the marketing of any rental space on the Property;
and (4) penalties and fines levied by, and remedial or enforcement actions of any kind issued by
any regulatory agency (including but not limited to the costs of any required testing, remediation,
repair, removal, cleanup or detoxification of the Property and surrounding properties).
Without Beneficiary's prior written consent, which shall not be unreasonably delayed or
withheld, Trustor shall not take any Environmental Measure or other remedial action in response
to the presence of any Hazardous Materials on, under or about the Property, nor enter into any
settlement agreement, consent decree, or other compromise in respect to any Hazardous Material
Claims, which remedial action, settlement, consent decree or compromise might, in Beneficiary's
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reasonable judgement, impair the value of the Beneficiary's security hereunder; provided,
however, that Beneficiary's prior consent shall not be necessary in the event that the presence of
Hazardous Materials on, under, or about the Property either poses an immediate threat to the
health, safety or welfare of any individual or is of such a nature that an immediate remedial
response is necessary and it is not reasonably possible to obtain Beneficiary's consent before
taking such action, provided that in such event Trustor shall notify Beneficiary as soon as
practicable of any action so taken. Beneficiary agrees not to withhold its consent, where such
consent is required hereunder, if (i) a particular remedial action is ordered by a court of
competent jurisdiction, (ii) Trustor will or may be subjected to civil or criminal sanctions or
penalties if it fails to take a required action; (iii) Trustor establishes to the reasonable satisfaction
of Beneficiary that there is no reasonable alternative to such remedial action which would result
in less impairment of Beneficiary's security hereunder; or (iv) the action has been agreed to by
Beneficiary.
The Trustor hereby acknowledges and agrees that (i) this Article is intended as the
Beneficiary's written request for information (and the Trustor's response) concerning the
environmental condition of the Property as required by California Code of Civil Procedure
Section 726.5, and (ii) each representation and warranty in this Deed of Trust or any of the other
Loan Documents (together with any indemnity applicable to a breach of any such representation
and warranty) with respect to the environmental condition of the property is intended by the
Beneficiary and the Trustor to be an "environmental provision" for purposes of California Code
of Civil Procedure Section 736.
In the event that any portion of the Property is determined to be "environmentally
impaired" (as that term is defined in California Code of Civil Procedure Section 726.5(e)(3)) or
to be an "affected parcel" (as that term is defined in California Code of Civil Procedure Section
726.5(e)(1)), then, without otherwise limiting or in any way affecting the Beneficiary's or the
Trustee's rights and remedies under this Deed of Trust, the Beneficiary may elect to exercise its
rights under California Code of Civil Procedure Section 726.5(a) to (1) waive its lien on such
environmentally impaired or affected portion of the Property and (2) exercise (a) the rights and
remedies of an unsecured creditor, including reduction of its claim against the Trustor to
judgment, and (b) any other rights and remedies permitted by law. For purposes of determining
the Beneficiary's right to proceed as an unsecured creditor under California Code of Civil
Procedure Section 726.5(a), the Trustor shall be deemed to have willfully permitted or
acquiesced in a release or threatened release of hazardous materials, within the meaning of
California Code of Civil Procedure Section 726.5(d)(1), if the release or threatened release of
hazardous materials was knowingly or negligently caused or contributed to by any lessee,
occupant, or user of any portion of the Property and the Trustor knew or should have known of
the activity by such lessee, occupant, or user which caused or contributed to the release or
threatened release. All costs and expenses, including (but not limited to) attorneys' fees, incurred
by the Beneficiary in connection with any action commenced under this paragraph, including any
action required by California Code of Civil Procedure Section 726.5(b) to determine the degree
to which the Property is environmentally impaired, plus interest thereon at the default rate
specified in the Loan Agreement until paid, shall be added to the indebtedness secured by this
Deed of Trust and shall be due and payable to the Beneficiary upon its demand made at any time
following the conclusion of such action.
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ARTICLE 7
EVENTS OF DEFAULT AND REMEDIES
Section 7.1 Events of Default.
The following shall constitute events of default ("Events of Default") following the
expiration of any applicable notice and cure periods: (1) failure to make any payment to be paid
by Trustor under the Loan Documents; (2) failure to observe or perform any of Trustor's other
covenants, agreements or obligations under the Loan Documents, including, without limitation,
the provisions concerning discrimination; (3) failure to make any payment or observe or perform
any of Trustor's other covenants, agreements, or obligations under any other debt instrument or
regulatory agreement secured by the Property, which default shall not be cured within the times
and in the manner provided therein; or (4) a default is declared under the Approved Financing by
the lender of such Approved Financing. Notwithstanding anything to the contrary contained
herein, Beneficiary hereby agrees that any cure of any default made or tendered by one or more
of Trustor's limited partners shall be deemed a cure by the Trustor and shall be accepted or
rejected on the same basis as if made or tendered by Trustor. Copies of all notices which are sent
to Trustor hereunder shall be sent to Investor Limited Partner at the address set forth in the Loan
Agreement, and the Investor Limited Partner shall have the right, but not the obligation to cure
an Event of Default hereunder, and Beneficiary will accept tender of such cure as if delivered by
Trustor.
Section 7.2 Acceleration of Maturity.
If an Event of Default shall have occurred and be continuing, then at the option of the
Beneficiary, the amount of any payment related to the Event of Default and all unpaid Secured
Obligations shall immediately become due and payable, upon written notice by the Beneficiary
to the Trustor (or automatically where so specified in the Loan Documents), and no omission on
the part of the Beneficiary to exercise such option when entitled to do so shall be construed as a
waiver of such right.
Section 7.3 The Beneficiary's Right to Enter and Take Possession.
If an Event of Default shall have occurred and be continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing any action or
proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its
security, enter upon the Security and take possession thereof (or any part thereof) and of any of
the Security, in its own name or in the name of Trustee, and do any acts which it deems
necessary or desirable to preserve the value or marketability of the Property, or part thereof or
interest therein, increase the income therefrom or protect the security thereof. The entering upon
and taking possession of the Security shall not cure or waive any Event of Default or Notice of
Sale (as defined below) hereunder or invalidate any act done in response to such Event of
Default or pursuant to such Notice of Sale, and, notwithstanding the continuance in possession of
the Security, Beneficiary shall be entitled to exercise every right provided for in this Deed of
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Trust, or by law upon occurrence of any Event of Default, including the right to exercise the
power of sale;
(b) Commence an action to foreclose this Deed of Trust as a mortgage,
appoint a receiver, or specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of default and demand for sale,
and a written notice of default and election to cause Trustor's interest in the Security to be sold
("Notice of Sale"), which notice Trustee or Beneficiary shall cause to be duly filed for record in
the Official Records of Alameda County; or
(d) Exercise all other rights and remedies provided herein, in the instruments
by which the Trustor acquires title to any Security, or in any other document or agreement now
or hereafter evidencing, creating or securing the Secured Obligations.
Section 7.4 Foreclosure By Power of Sale.
Should the Beneficiary elect to foreclose by exercise of the power of sale herein
contained, the Beneficiary shall deliver to the Trustee the Notice of Sale and shall deposit with
Trustee this Deed of Trust which is secured hereby (and the deposit of which shall be deemed to
constitute evidence that the Secured Obligations are immediately due and payable), and such
receipts and evidence of any expenditures made that are additionally secured hereby as Trustee
may require.
(a) Upon receipt of the Notice of Sale from the Beneficiary, Trustee shall
cause to be recorded, published and delivered to Trustor such Notice of Sale as then required by
law and by this Deed of Trust. Trustee shall, without demand on Trustor, after lapse of such
time as may then be required by law and after recordation of such Notice of Sale having been
given as required by law, sell the Security, at the time and place of sale fixed by it in the Notice
of Sale, whether as a whole or in separate lots or parcels or items as Trustee shall deem
expedient and in such order as it may determine unless specified otherwise by the Trustor
according to California Civil Code Section 2924g(b), at public auction to the highest bidder, for
cash in lawful money of the United States payable at the time of sale. Trustee shall deliver to
such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the
property so sold, but without any covenant or warranty, express or implied. The recitals in such
deed or any matters of facts shall be conclusive proof of the truthfulness thereof. Any person,
including, without limitation, Trustor, Trustee or Beneficiary, may purchase at such sale.
(b) After deducting all reasonable costs, fees and expenses of Trustee,
including costs of evidence of title in connection with such sale, Trustee shall apply the proceeds
of sale to payment of: (i) the unpaid Principal amount of the Note; (ii) all other Secured
Obligations owed to Beneficiary under the Loan Documents; (iii) all other sums then secured
hereby; and (iv) the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the Property by public
announcement at such time and place of sale, and from time to time thereafter, and without
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further notice make such sale at the time fixed by the last postponement, or may, in its discretion,
give a new Notice of Sale.
Section 7.5 Receiver.
If an Event of Default shall have occurred and be continuing, Beneficiary, as a matter of
right and without further notice to Trustor or anyone claiming under the Security, and without
regard to the then value of the Security or the interest of Trustor therein, shall have the right to
apply to any court having jurisdiction to appoint a receiver or receivers of the Security (or a part
thereof), and Trustor hereby irrevocably consents to such appointment and waives further notice
of any application therefor. Any such receiver or receivers shall have all the usual powers and
duties of receivers in like or similar cases, and all the powers and duties of Beneficiary in case of
entry as provided herein, and shall continue as such and exercise all such powers until the date of
confirmation of sale of the Security, unless such receivership is sooner terminated.
Section 7.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the Beneficiary by this Deed of
Trust is intended to be exclusive of any other right, power or remedy, but each and every such
right, power and remedy shall be cumulative and concurrent and shall be in addition to any other
right, power and remedy given hereunder or now or hereafter existing at law or in equity.
Section 7.7 No Waiver.
(a) No delay or omission of the Beneficiary to exercise any right, power or
remedy accruing upon any Event of Default shall exhaust or impair any such right, power or
remedy, or shall be construed to be a waiver of any such Event of Default or acquiescence
therein; and every right, power and remedy given by this Deed of Trust to the Beneficiary may
be exercised from time to time and as often as may be deemed expeditious by the Beneficiary.
Beneficiary's express or implied consent to breach, or waiver of, any obligation of the Trustor
hereunder shall not be deemed or construed to be a consent to any subsequent breach, or further
waiver, of such obligation or of any other obligations of the Trustor hereunder. Failure on the
part of the Beneficiary to complain of any act or failure to act or to declare an Event of Default,
irrespective of how long such failure continues, shall not constitute a waiver by the Beneficiary
of its right hereunder or impair any rights, power or remedies consequent on any Event of
Default by the Trustor.
(b) If the Beneficiary (i) grants forbearance or an extension of time for the
payment or performance of any Secured Obligation, (ii) takes other or additional security or the
payment of any sums secured hereby, (iii) waives or does not exercise any right granted in the
Loan Documents, (iv) releases any part of the Security from the lien of this Deed of Trust, or
otherwise changes any of the terms, covenants, conditions or agreements in the Loan Documents,
(v) consents to the granting of any easement or other right affecting the Security, or (vi) makes or
consents to any agreement subordinating the lien hereof, any such act or omission shall not
release, discharge, modify, change or affect the original liability under this Deed of Trust, or any
other obligation of the Trustor or any subsequent purchaser of the Security or any part thereof, or
any maker, co-signer, endorser, surety or guarantor (unless expressly released); nor shall any
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such act or omission preclude the Beneficiary from exercising any right, power or privilege
herein granted or intended to be granted in any Event of Default then made or of any subsequent
Event of Default, nor, except as otherwise expressly provided in an instrument or instruments
executed by the Beneficiary shall the lien of this Deed of Trust be altered thereby.
Section 7.8 Suits to Protect the Security.
The Beneficiary shall have power to (a) institute and maintain such suits and proceedings
as it may deem expedient to prevent any impairment of the Security and the rights of the
Beneficiary as may be unlawful or any violation of this Deed of Trust, (b) preserve or protect its
interest (as described in this Deed of Trust) in the Security, and (c) restrain the enforcement of or
compliance with any legislation or other governmental enactment, rule or order that may be
unconstitutional or otherwise invalid, if the enforcement for compliance with such enactment,
rule or order would impair the Security thereunder or be prejudicial to the interest of the
Beneficiary.
Section 7.9 Trustee May File Proofs of Claim.
In the case of any receivership, insolvency, bankruptcy, reorganization, arrangement,
adjustment, composition or other proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, shall be entitled to file such proofs of claim and
other documents as may be necessary or advisable in order to have the claims of the Beneficiary
allowed in such proceedings and for any additional amount which may become due and payable
by the Trustor hereunder after such date.
Section 7.10 Waiver.
The Trustor waives presentment, demand for payment, notice of dishonor, notice of
protest and nonpayment, protest, notice of interest on interest and late charges, and diligence in
taking any action to collect any Secured Obligations or in proceedings against the Security, in
connection with the delivery, acceptance, performance, default, endorsement or guaranty of this
Deed of Trust.
ARTICLE 8
MISCELLANEOUS
Section 8.1 Amendments.
This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only
by an instrument in writing signed by Beneficiary and Trustor.
Section 8.2 Reconveyance by Trustee.
Upon written request of Beneficiary stating that all Secured Obligations have been paid
or forgiven, and all obligations under the Loan Documents have been performed in full, and
upon surrender of this Deed of Trust to Trustee for cancellation and retention, and upon payment
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by Trustor of Trustee's reasonable fees, Trustee shall reconvey the Security to Trustor, or to the
person or persons legally entitled thereto.
Section 8.3 Notices.
Formal notices, demands, and communications between the Parties shall be sufficiently given if
and shall not be deemed given unless (a) dispatched by registered or certified mail, postage
prepaid, return receipt requested, (b) delivered by express delivery service, return receipt
requested, (c) delivered personally, or (d) sent by electronic mail, provided that any notice sent
by electronic mail must be followed by notice delivered under either (a), (b), or (c) within 2
business days. All such notices shall be delivered to the principal office of the Parties as follows:
Borrower:
22645 Grand Street
Hayward, CA 94541
Attention: Chief Executive Officer
City: City of Dublin
37101 Dublin Blvd.
Dublin, CA 94560
Attn: Community Development Director
Such written notices, demands and communications may be sent in the same manner to such
other addresses as the affected Party may from time to time designate by mail as provided in this
Section. Receipt shall be deemed to have occurred on the date shown on a written receipt as the
date of delivery or refusal of delivery (or attempted delivery if undeliverable) except that any
electronic mail received after 5:00 p.m. shall be deemed to have been received on the next
business day.
Section 8.4 Successors and Joint Trustors.
Where an obligation created herein is binding upon Trustor, the obligation shall also
apply to and bind any transferee or successors in interest. Where the terms of the Deed of Trust
have the effect of creating an obligation of the Trustor and a transferee, such obligation shall be
deemed to be a joint and several obligation of the Trustor and such transferee. Where Trustor is
more than one entity or person, all obligations of Trustor shall be deemed to be a joint and
several obligation of each and every entity and person comprising Trustor.
Section 8.5 Captions.
The captions or headings at the beginning of each Section hereof are for the convenience
of the parties and are not a part of this Deed of Trust.
Section 8.6 Invalidity of Certain Provisions.
Every provision of this Deed of Trust is intended to be severable. In the event any term
or provision hereof is declared to be illegal or invalid for any reason whatsoever by a court or
other body of competent jurisdiction, such illegality or invalidity shall not affect the balance of
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the terms and provisions hereof, which terms and provisions shall remain binding and
enforceable. If the lien of this Deed of Trust is invalid or unenforceable as to any part of the
debt, or if the lien is invalid or unenforceable as to any part of the Security, the unsecured or
partially secured portion of the debt, and all payments made on the debt, whether voluntary or
under foreclosure or other enforcement action or procedure, shall be considered to have been
first paid or applied to the full payment of that portion of the debt which is not secured or
partially secured by the lien of this Deed of Trust.
Section 8.7 Governing Law.
This Deed of Trust shall be governed by and construed in accordance with the laws of the
State of California.
Section 8.8 Gender and Number.
In this Deed of Trust the singular shall include the plural and the masculine shall include
the feminine and neuter and vice versa, if the context so requires.
Section 8.9 Deed of Trust, Mortgage.
Any reference in this Deed of Trust to a mortgage shall also refer to a deed of trust and
any reference to a deed of trust shall also refer to a mortgage.
Section 8.10 Actions.
Trustor agrees to appear in and defend any action or proceeding purporting to affect the
Security.
Section 8.11 Substitution of Trustee.
Beneficiary may from time to time substitute a successor or successors to any Trustee
named herein or acting hereunder to execute this Trust. Upon such appointment, and without
conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties
conferred upon any Trustee herein named or acting hereunder. Each such appointment and
substitution shall be made by written instrument executed by Beneficiary, containing reference to
this Deed of Trust and its place of record, which, when duly recorded in the proper office of the
county or counties in which the Property is situated, shall be conclusive proof of proper
appointment of the successor trustee.
Section 8.12 Statute of Limitations.
The pleading of any statute of limitations as a defense to any and all obligations secured
by this Deed of Trust is hereby waived to the full extent permissible by law.
Section 8.13 Acceptance by Trustee.
Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is
made public record as provided by law. Except as otherwise provided by law the Trustee is not
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obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of
proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee.
Section 8.14 Tax Credit Provisions.
Notwithstanding anything to the contrary contained herein or in any documents secured
by this Deed of Trust or contained in any subordination agreement, the Beneficiary
acknowledges and agrees that in the event of a foreclosure or deed -in -lieu of foreclosure
(collectively, "Foreclosure") with respect to the Security encumbered by this Deed of Trust, the
following rule contained in Section 42(h)(6)(E)(ii) of the Internal Revenue Code of 1986 (26
USC 42 (h)(6)(E)(ii)), as amended, shall apply:
For a period of three (3) years from the date of Foreclosure, with respect to any unit that
had been regulated by a Regulatory Agreement with the California Tax Credit Allocation
Committee, (i) none of the tenants occupying those units at the time of Foreclosure may be
evicted or their tenancy terminated (other than for good cause), (ii) nor may any rent be
increased except as otherwise permitted under Section 42 of the Code.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the day and
year first above written.
TRUSTOR:
By:
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A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
)
)
)
On , before me, , Notary Public,
personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Name:
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The land referred to is situated in the County of Alameda, City of Dublin, State of California, and
is described as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11
and 12, Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021,
Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda,
State of California, described as follows:
Being a portion of Parcel 2, as said Parcel 2 is shown and so designated on Parcel Map 1920,
filed for record on December 1, 1976 in Book 94 of Parcel Maps, at Page 11, in the Office of the
County Recorder of Alameda County, more particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2;
Thence from said point of beginning, along the Northerly line of said Parcel 2, North 69° 08' 15"
East 31.11 feet;
Thence leaving said Northerly line, along the arc of a non -tangent 40.00 foot radius curve to
the left, from which the center of said curve bears South 33° 42' 04 East, through a central
angle of 77° 09' 41" an arc distance of 53.87 feet, to the Westerly line of said Parcel 2;
Thence along said Westerly line, North 20° 51' 45" West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor,
in, over, along and across that certain land situated in the Township of Pleasanton, County of
Alameda, State of California, described as follows:
Beginning at the most Western corner of the parcel of land described in the Deed from Amfac
Merchandising Corporation, a California corporation to Baydale, Inc., a Delaware corporation,
recorded December 28, 1971, Reel 3026, Image 888, Recorder's Series No. 71-169856,
Alameda County Records; thence through a portion of the last named parcel of land and along
the Northwestern boundary line thereof, North 69° 08' 15" East, 329.29 feet; thence at right
angles to the last named line South 20° 51' 45" East, 71.00 feet to the Northeastern corner of
the parcel of land described in the Deed from Baydale, Inc., a Delaware corporation, to Amfac
Merchandising Corporation, a California corporation, recorded April 12, 1972, Reel 3104 Image
883, Recorder's Series No. 72-47311, Alameda County Records; thence along the last named
line South 69° 08' 15" West 329.29 feet to the Northeastern line of Regional Street being
the parcel of land described as Parcel One in the Deed from Motel Interstate Systems, Inc., to
the County of Alameda, recorded March 8, 1971, Reel 2802 Image 404, Recorder's Series No.
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71-26256, Alameda County Records; thence along the last named line North 20° 51' 45" West,
71.00 feet to the point of beginning
Assessor's Parcel No. 941-1500-025-2 (Affects this and other property)
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EXHIBIT G
SCHEDULE OF PERFORMANCE
Performance Milestones Milestone Completion Date
Developer satisfaction of Conditions Not later than June 30, 2025
Precedent to Disbursement of City
Predevelopment Loan.
Application to HCD Multifamily Housing Not later than July 31, 2023
Program
Application to Tax Credit Allocation Not later than August 31, 2024
Committee
Close of escrow for Construction Financing Not later than June 30, 2025
Commencement of construction and Within 30 days after Construction Loan
development work on Development Closing, and not later than: July 31, 2025
Completion of construction and development Not later than December 31, 2027
work on Development
Commencement of occupancy of apartment Not later than December 31, 2027
units
Full occupancy of apartment units Not later than June 30, 2028
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EXHIBIT H
SCOPE OF DEVELOPMENT
The project site is located within the Downtown Dublin Specific Plan (amended on July 21,
2020). The site is conveniently located within walking distance to retail, amenities, and major
transit stops including the BART West Dublin / Pleasanton Station. Consistent with the goals
of the Specific Plan, Eden Housing is proposing to develop Regional Street to support 113
units of critically needed affordable housing that will serve low and extremely low -Income
seniors (age 62+) in the City of Dublin. The project was developed consistent with the guiding
principles for the Transit -Oriented District. No additional CEQA approval was required.
Eden's 113-unit senior community at 6543 Regional Street will include 55 studios, 57 one -
bedrooms, and one unrestricted two -bedroom manager's unit. The studios and one -bedroom
units will be restricted to senior households earning between 20 to 50 percent of Alameda
County Area Median Income, as adjusted for family size. Eden currently owns and operates
4 properties in the City of Dublin, 3 of which are senior properties, including Valor Crossing,
which is located within walking distance of the Regional Street site. Regional Street is
anticipated to include open terraces on each residential floor, a community garden, and a pet
relief area. Ground floor units facing St. Patrick's Way will include outdoor patios and create
visual connections to the street for residents. Each floor will also contain outdoor terraces for
a distinctly residential feel for all residents to utilize. Other on -site amenities will include a
laundry room and a community room with a kitchen. The building is designed to have a
community room and lobby on the ground floor.
Regional Street residents in a PSH unit will also receive service and support on behalf of the
Alameda County Health Care Services Agency for services including access to mental health,
substance treatments, and medical services, as well as assists with applying for SSI and other
benefits. This site is also conveniently located next to various public transportation options
including BART West Dublin/Pleasanton Station.
The project has secured financing through Alameda County's Al program and the state's
Local Housing Trust Fund. Development staff applied for HCD No Place Like Home
("NPLH") funds in 2022. If awarded, thirty-four units will be set aside as permanent
supportive housing ("PSH") for chronically homeless seniors with severe mental illnesses.
Development staff will apply for 4% credits and tax-exempt bonds.
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EXHIBIT I
REGULATORY AGREEMENT
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Recording Requested by
and when Recorded, return to:
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Clerk
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
APN: 941-1500-025
Space above this line for Recorder's use.
AFFORDABLE HOUSING REGULATORY AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
This Affordable Housing Regulatory Agreement and Declaration of Restrictive Covenants
(this "Agreement") is dated as of , 2023, by and between the City of Dublin, a
municipal corporation ("City") and Corona/Ely Ranch, Inc., a California nonprofit public benefit
corporation ("Owner"). City and Owner are hereinafter collectively referred to as the "Parties."
This Agreement shall be effective as of the date this Agreement is recorded
("Effective Date").
RECITALS
A. Owner has acquired certain property located at 6541-6543 Regional Street in the
City of Dublin, California, more particularly described as Exhibit A (the "Property").
B. City and Owner have entered into a Community Benefit Program Agreement
dated December 7, 2021, as amended June 7, 2023, with respect to the proposed development of
a multifamily rental housing development on the Property for seniors and/or persons with special
needs, with not less than one hundred thirteen (113) apartment units (the "Development"). The
Community Benefit Program Agreement provides for Owner to construct the Development and
to restrict the rental of all of the apartment units in the Development to lower income persons at
an affordable rent. The Community Benefit Program Agreement further provides for the City to
grant the Development one hundred thirteen (113) Residential Allocations from the Downtown
Dublin Specific Plan.
C. The Owner intends to develop, construct, own, and operate the Development on
the Property consisting of approximately one hundred thirteen (113) housing units primarily for
Extremely Low and Low Income Households and related improvements. The Development will
include a manager's unit that will not be subject to affordability restrictions.
D. The City and the Owner have entered into an Affordable Housing Assistance
Agreement (the "Loan Agreement") pursuant to which the City make a predevelopment loan to
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Owner in the amount of One Million Dollars ($1,000,000), and a construction/permanent loan to
Owner to Owner in the amount of Three Million Three Hundred Thirty -Three Thousand Three
Hundred Thirty -Three Dollars ($3,333,333) (the "City Loans"). The City Loans will be used for
certain predevelopment and construction expenses of the Development and will make the
Development more competitive for the other affordable housing funding sources.
E. The Parties have agreed to enter into and record this Agreement in order to satisfy
the conditions described in the foregoing Recitals. The Parties intend the covenants set forth in
this Agreement to run with the land and to be binding upon Owner and Owner's successors and
assigns for a period of not less than fifty-five (55) years from the date a Certificate of Occupancy
is issued for the Development.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby
agree as follows.
1. Definitions. The following terms have the meanings set forth in this Section wherever
used in this Agreement or the attached exhibits.
"Actual Household Size" means the actual number of persons in the applicable
household.
"Adjusted for Family Size Appropriate to the Unit" shall be determined consistent
with Section 50052.5(h) of the California Health and Safety Code, except as provided under
Section 2.3(d) hereof.
"Adjusted Income" means the total anticipated annual income of all persons in a
household, as calculated in accordance with 25 California Code of Regulations Section 6914 or
pursuant to a successor State housing program that utilizes a reasonably similar method of
calculation of adjusted income. In the event that no such program exists, the City shall provide
the Owner with a reasonably similar method of calculation of adjusted income as provided in
said Section 6914.
"Affordable Rent" means that the maximum rents as specified in Section 2.3 hereof.
"Area Median Income" or "AMI" means the median gross yearly income adjusted for
Actual Household Size (to qualify residents) or Assumed Household Size (to calculate rents), as
applicable, in the County of Alameda, California, as published from time to time by HCD,
except as provided under Section 2.3(d) hereof. In the event that such income determinations are
no longer published, or are not updated for a period of at least eighteen (18) months, the City
shall provide the Owner with other income determinations which are reasonably similar with
respect to methods of calculation to those previously published by HCD.
"Assumed Household Size" means the household size "adjusted for family size
appropriate to the unit" in accordance with California Health and Safety Code Section 50053,
except as provided under Section 2.3(d) hereof. The definition is utilized to calculate Affordable
Rent and is not intended to be a limit on the number of persons occupying a unit.
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"City" shall mean the City of Dublin, a California municipal corporation.
"Claims" is defined in Section 10.
"Completion Date" means the date a final certificate of occupancy is issued by the City
to certify that the construction of the Development is complete and the Development may be
legally occupied.
"Development" shall mean the Property and the one hundred thirteen (113) units to be
developed on the Property, and any additional improvements and all landscaping, roads and
parking spaces existing thereon, as the same may from time to time exist
"Eligible Household" means a household (i) for which gross household income upon
initial occupancy does not exceed the applicable maximum income level for a Restricted Unit as
specified in Section 2.1, and (ii) which consists of one or more Qualifying Residents, Qualified
Permanent Residents, and/or Permitted Health Care Residents pursuant to California Civil Code
Section 51.3.
"Extremely Low Income Household" shall mean a household with an Adjusted Income
that does not exceed thirty percent (30%) of Area Median Income, adjusted for Actual
Household Size, as established and amended from time to time pursuant to Section 8 of the
United States Housing Act of 1937, and as published by HCD, except as provided under Section
2.3(d) hereof.
"Extremely Low Income Rent" shall mean the rent permitted to be charged for an
Extremely Low Income Unit pursuant to Section 2.1(b) below, except as provided under Section
2.3(d) hereof.
"Extremely Low Income Units" shall mean the Units, which, pursuant to Section 2.1(b)
below, are required to be occupied by Extremely Low Income Households.
"Fifteen Year Compliance Period" means the fifteen (15) year compliance period as
described in Section 42(i)(1) of the Internal Revenue Code of 1986, as amended.
"Indemnitees" is defined in Section 10.
"HCD" means the California Department of Housing and Community Development.
"Investor Limited Partner" means the limited partner or partners of the Owner.
"Low Income Household" shall mean a household with an Adjusted Income that does
not exceed sixty percent (60%) of Area Median Income, as established and amended from time
to time pursuant to Section 8 of the United States Housing Act of 1937, and as published by
HCD, except as provided under Section 2.3(d) hereof.
"Low Income Rent" means the rent allowed to be charged on the Low Income Units
pursuant to Section 2.1(a) below, except as provided under Section 2.3(d) hereof.
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"Low Income Units" mean the Units that, pursuant to Section 2.1(a) below, are required
to be occupied by Low Income Households.
"Management and Marketing Plan" is defined in Section 6.4.
"Owner" shall mean Corona/Ely Ranch, Inc., a California nonprofit public benefit
corporation, and its successors and assigns to the Development.
"Property" shall mean the real property described in Exhibit A attached hereto and
incorporated herein.
"Regulations" means Title 25 of the California Code of Regulations.
"Rent" means the total of monthly payments by the residents of a Unit (other than the
manager's Unit) for the following: (1) use and occupancy of the Unit and land and related
improvements, including parking; (2) any separately charged fees or service charges assessed by
the Owner which are required of all Tenants, other than security deposits; (3) the cost of an
adequate level of service for utilities paid by the Tenant, including garbage collection, sewer,
water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service,
cable service or any other utility or service permitted to be excluded from the calculation of Rent
pursuant to the terms of 25 California Code of Regulations Section 6918; and (4) any other
interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public
or private entity other than the Owner, and paid by the Tenant. Utility allowances may be
determined by use of the utility allowance published by the local public housing authority or the
California Utility Allowance Calculator ("CUAC") model allowed by the California Tax Credit
Allocation Committee regulations, if the Property qualifies.
"Restricted Unit" means a dwelling unit which is reserved for occupancy at an
Affordable Rent by a household of not more than a specified household income in accordance
with and as set forth in Section 2.1.
"Senior Household" shall mean a household consisting of Senior Citizens, Qualified
Permanent Residents and/or Permitted Health Care Residents as defined in Civil Code Section
51.3(b).
"Tenant" shall mean an Eligible Household occupying a Unit.
"Term" means the term of this Regulatory Agreement, which commences as of the date
of this Regulatory Agreement and shall remain in effect until the fifty-fifth (55th) anniversary of
the Completion Date.
2. Use and Affordability Restrictions. Owner hereby covenants and agrees, for itself and its
successors and assigns, that the Property shall be used solely for the operation of an affordable
residential rental development which qualifies as a Senior Citizen Housing Development
pursuant to California Civil Code Section 51.3, consisting of the Development and related
improvements, in compliance with the Loan Agreement and the requirements set forth herein.
Owner represents and warrants that it has not entered into any agreement that would restrict or
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compromise its ability to comply with the occupancy and affordability restrictions set forth in
this Agreement, and Owner covenants that it shall not enter into any agreement that is
inconsistent with such restrictions without the express written consent of City.
2.1 Affordability Requirements.
For the Term of fifty-five (55) years commencing upon the Completion Date, the
following residential units in the Development will be restricted for occupancy by Extremely
Low and Low Income Households as set forth below (the "Restricted Units"). The City and the
Owner acknowledge that other financing sources for the Development may impose additional
affordability restrictions on the Development.
(a) Seventy -Eight (78) of the Restricted Units shall be rented to and occupied
by or, if vacant, available for occupancy by Low Income Households; and
(b) Thirty -Four (34) of the Restricted Units shall be rented to and occupied
by, or if vacant, available for occupancy by Extremely Low Income Households.
(c) One (1) Unit shall be reserved for an on -site manager and shall not be
subject to affordability or occupancy restrictions
In the event that recertification of Tenant incomes indicates that the number of Restricted
Units in the Development actually occupied by Eligible Households falls below the number
reserved for each income group as specified in this Section 2.1, Owner shall rectify the condition
by renting the next available dwelling unit(s) in the Development to Eligible Household(s) until
the required income mix is achieved.
2.2 [Intentionally Deleted]
2.3 Rents for Restricted Units.
(a) Low Income Rent. Subject to Section 2.3(d) below, the Rent charged to
Residents of the Low Income Units shall not exceed one -twelfth (1/12th) of thirty percent (30%)
of sixty percent (60%) of Area Median Income, adjusted for Assumed Household Size.
(b) Extremely Low Income Rent. Subject to Section 2.3(d) below, the Rent
charged to Residents of the Low Income Units shall not exceed one -twelfth (1/12th) of thirty
percent (30%) of thirty percent (30%) of Area Median Income, adjusted for Assumed Household
Size.
(c) Rent Increases. The Rent may only be increased one time per year (unless
otherwise approved in writing by the City) and the Rent level following an increase, or upon a
new occupancy, shall not exceed the Rent level set forth in subsection a above, as applicable.
Households occupying Units shall be given at least thirty (30) days written notice prior to any
increase in the Rent.
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(d) Compliance with TCAC Requirements. In the event the Development
receives a reservation of low income housing tax credits by the California Tax Credit Allocation
Committee ("TCAC"), Owner may use the occupancy standards, assumed household sizes,
income limits, rent levels and rent increases that are permitted by TCAC in place of such
requirements imposed by this Agreement. During the term of any TCAC regulatory agreement
recorded with respect to the Development (the "TCAC Regulatory Agreement"), compliance
with the TCAC Regulatory Agreement as it pertains to occupancy standards, assumed household
sizes, income limits, rent levels and rent increases shall be deemed compliance with such
requirements of this Agreement. Notwithstanding the foregoing, however, Owner shall comply
with the requirements of City Municipal Code Section 8.68 with respect to occupancy standards,
assumed household sizes, income limits, rent levels and rent increases for the required number of
inclusionary housing units as provided in that section.
(e) Loss of Rental Subsidies. In the event that the Development receives
Project -Based Section 8 or other rental subsidy payments (collectively referred to as the "Rental
Subsidies") as a source of financing in accordance with the Revised Financing Plan approved by
City in accordance with the Loan Agreement, and during the Term any change in federal law
occurs or any action (or inaction) by Congress or any federal or State agency, which results in a
reduction, termination or nonrenewal of the Rental Subsidies through no fault of the Owner
("Federal or State Action"), such that the Rental Subsidy projected on the approved Revised
Financing Plan is no longer available, the City shall allow the Developer to increase the rents on
one or more of the Extremely Low Income Units to Low Income Rents only if and to the extent
that the Developer has demonstrated to the satisfaction of the City Manager that such a rent
increase is necessary to maintain the financial stability of the Development. The Developer shall
provide the City Manager with a projected operating budget for the Development showing the
impact of the loss or reduction of the Rental Subsidy as well as the last two full years of audited
financial statements for the Development showing actual costs and expenses of operating the
Development at the time Developer requests an increase in the rents. The City Manager shall
have authority to approve an increase in the rents on a sufficient number of Extremely Low
Income Units to a rent not exceeding the Low Income Rent in order to ensure that the
Development generates sufficient income to cover its operating costs and debt service as shown
on the submitted operating budget, provided, however, any such rent increase shall only be
allowed pursuant to a transition plan mutually agreed upon by the City and Developer consistent
with TCAC regulations and only to the extent not otherwise prohibited under the TCAC
Regulatory Agreement or any other regulatory agreement recorded on the
Development. Developer shall make all commercially reasonable efforts to obtain alternative
sources of rental subsidies and shall provide the City with annual progress reports on efforts to
obtain alternative sources of rental subsidies that would allow the rents on the Extremely Low
Income Units to be reduced to the Extremely Low Income Rents. Upon receipt of any
alternative Rental Subsidies, the Developer shall reduce the rents on the units subject to the rent
increase to the Extremely Low Income Rents to the greatest extent possible.
(f) Compliance with Stricter Requirements. Notwithstanding anything to the
contrary contained in this Agreement, if the other lenders, tax credit investor, or regulatory
agencies require stricter household income eligibility or affordability requirements than those
imposed hereby, the requirements of such other lenders, tax credit investor, or regulatory
agencies shall prevail. In meeting all such income and affordability requirements, the Owner
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may count each unit at a specific income eligibility level as meeting the same specific income
eligibility level requirement in each of the lender, tax credit, or regulatory agency regulatory
agreements.
2.4 Increase in Tenant Income.
2.4.1 Increase Above Initial Qualifying Income. If upon recertification of
Tenant incomes, Owner determines that the household income of a Tenant has increased and
exceeds the income level for an Extremely Low Income Household, Low Income Household, or
other applicable income category in which the Tenant initially qualified under a regulatory
agreement required by other Development financing, then upon expiration of the Tenant's lease:
(i) such Tenant's unit shall continue to be considered as a unit in the initial applicable income
category, (ii) upon ninety (90) days' written notice to the Tenant, such Tenant's rent may be
increased to an Affordable Rent for the income category for which the Tenant qualifies, and (iii)
Owner shall rent the next available residential unit at an Affordable Rent to a household that
qualifies in the income category in which the Tenant initially qualified in order to achieve the
affordability requirements of this Agreement.
2.4.2 Non -Qualifying Household. If, upon recertification of Tenant incomes,
Owner determines that a Tenant's household income has increased to exceed 80% of the Area
Median Income, such Tenant shall be permitted to continue to occupy the unit and upon
expiration of the Tenant's lease: (i) upon 90 days' written notice, such Tenant's rent may be
increased to the lesser of one -twelfth of thirty percent (30%) of the household's actual income or
the fair market rent, (ii) the unit shall continue to be classified as satisfying the income category
for which the Tenant originally qualified, and (iii) when the Tenant vacates the unit, the unit
shall be rented at an Affordable Rent to an Eligible Household that qualifies in the income
category for which the former Tenant initially qualified in order to achieve the affordability
requirements of this Agreement.
In the event of inconsistency between the provisions of Sections 2.4.1 or 2.4.2 and the
rules applicable to the Project in connection with low-income housing tax credits, tax-exempt
bond financing, or financing or rent subsidies provided to the Project by a federal, State or other
public agency, the rules applicable pursuant to such financing or subsidy source shall prevail.
2.5 Selection of Tenants. Applications will be selected pursuant to an equitable
selection method, and in accordance with the following preferences. Preferences determine the
ranking by which applicants are selected but will not affect an applicant's eligibility. Preference
order will be determined based on a point preference system established by the City for this
Development (the "Points Preference System"). The City shall provide its point system and
preference order to the Owner for incorporation by reference and attachment as an exhibit to the
Management and Marketing Plan. The City's point system and preference order referenced in
and attached to the Management and Marketing Plan will supersede the points system in section
8.68.050 of the Dublin Municipal Code, and has been approved as an alternate means of
compliance by the City Council pursuant to Dublin Municipal Code section 8.86.040(E). The
point system and preference order shall be subject to the program requirements of Project -Based
Section 8 or other Rental Subsidies, and are subject to compliance with applicable fair housing
laws.
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In addition to the other requirements to be set forth in Management and Marketing Plan
under Section 6.4 below, the Management and Marketing Plan shall include Owner's marketing,
services, and other assistance and programs to fulfill the Owner's and City's intent to operate the
Development for Senior Households.
This Section 2.5 is subject to the requirements of applicable fair housing laws.
2.6 Manager's Unit. One (1) dwelling unit in the Development may be used as a
resident manager's unit, and shall be exempt from the occupancy and rent restrictions set forth in
this Agreement.
2.7 No Condominium Conversion. Owner shall not convert the Development to
condominium or cooperative ownership or sell condominium or cooperative rights to the
Development or any part thereof during the term of this Agreement.
2.8 Residential Use. The Development shall be operated only for residential use. No
part of the Development shall be operated as transient housing.
2.9 Section 8 Certificate Holders. The Owner shall accept as tenants, on the same
basis as all other prospective tenants, persons who are recipients of federal certificates for rent
subsidies pursuant to the existing housing program under Section 8 of the United States Housing
Act, or its successor, or similar programs. The Owner shall not apply selection criteria to holders
of Section 8 certificate or similar certificates or vouchers that is more burdensome than criteria
applied to all other prospective tenants, nor shall the Owner apply or permit the application of
management policies or lease provisions with respect to the Development which have the effect
of precluding occupancy of Units by such prospective tenants.
2.10 Lease Provisions. Owner shall include in leases for all Affordable Units
provisions which authorize Owner to immediately terminate the tenancy of any household one or
more of whose members has misrepresented any fact material to the household's qualification as
an Extremely Low Income Household or Low Income Unit. Each lease or rental agreement shall
also provide that the household is subject to annual certification in accordance with Section 3.1
below, and that, if the household's income increases above the applicable limits for an Extremely
Low Income Household or Low Income Household, as applicable, such household's Rent may be
subject to increase.
2.11 Notice of Expiration of Term.
2.11.1 At least six (6) months prior to the expiration of the Term, Owner shall
provide by first-class mail, postage prepaid, a notice to all Tenants containing (a) the anticipated
date of the expiration of the Term, (b) any anticipated increase in Rent upon the expiration of the
Term, (c) a statement that a copy of such notice will be sent to City, and (d) a statement that a
public hearing may be held by City on the issue and that the Tenant will receive notice of the
hearing at least fifteen (15) days in advance of any such hearing. The Owner shall also file a
copy of the above -described notice with City.
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2.11.2 In addition to the notice required above, Owner shall comply with the
requirements set forth in California Government Code Sections 65863.10 and 65863.11. Such
notice requirements include: (i) a three (3) year notice to existing tenants, prospective tenants
and Affected Public Agencies (as defined in California Government Code Section 65863.10(a))
prior to the expiration of the Term, (ii) a twelve (12) month notice to existing tenants,
prospective tenants and Affected Public Agencies prior to the expiration of the Term, (iii) a six
(6) month notice requirement to existing tenants, prospective tenants and Affected Public
Agencies prior to the expiration of the Term; (iv) a notice of an offer to purchase the
Development to "qualified entities" (as defined in California Government Code Section
65863.11(d)), if the Development is to be sold within five (5) years of the end of the Term; and
(v) a notice of right of first refusal within the one hundred eighty (180) day period that qualified
entities may purchase the Development.
2.12 Non -Discrimination; Compliance with Fair Housing Laws.
2.12.1 Fair Housing. Owner shall comply with state and federal fair housing
laws in the marketing and rental of the units in the Development. Owner shall accept as Tenants,
on the same basis as all other prospective Tenants, persons who are recipients of federal
certificates or vouchers for rent subsidies pursuant to the existing Section 8 program or any
successor thereto.
2.12.2 Non -Discrimination. Owner shall not restrict the rental, sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the Property, or any portion thereof,
on the basis of race, color, religion, creed, sex, sexual orientation, disability, marital status,
ancestry, or national origin of any person. Owner covenants for itself and all persons claiming
under or through it, and this Agreement is made and accepted upon and subject to the condition
that there shall be no discrimination against or segregation of any person or group of persons on
account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the Government Code in, the sale,
lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor
shall Owner or any person claiming under or through Owner establish or permit any such
practice or practices of discrimination or segregation with reference to the selection, location,
number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the
Property or part thereof. Owner shall include such provision in all deeds, leases, contracts and
other instruments executed by Owner, and shall enforce the same diligently and in good faith.
3. Reporting Requirements.
3.1 Tenant Certification. Owner or Owner's authorized agent shall obtain from each
household prior to initial occupancy of each Restricted Unit, and on every anniversary thereafter,
a written certificate containing all of the following in such format and with such supporting
documentation as City may reasonably require:
(a) The identity of each household member; and
(b) The total gross household income; and
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(c) The number and type of calculated preference points, if applicable.
Owner shall retain such certificates for not less than five (5) years, and upon City's
request, shall provide copies of such certificates to City and make the originals available for City
inspection.
3.2 Annual Report; Inspections. By not later than April 30 of each year during the
term of this Agreement, Owner shall submit an annual report ("Annual Report") to the City in
form satisfactory to City, together with a certification that the Development is in compliance
with the requirements of this Agreement. The Annual Report shall, at a minimum, include the
following information for each dwelling unit in the Development as of the date of the Annual
Report: (i) unit number; (ii) number of bedrooms; (iii) current rent and other charges, specifying
the amount chargeable to the Tenant; and (iv) dates of any vacancies during the previous year;
(v) number of people residing in the unit ; (vi) total gross household income of residents; (vii)
documentation of source of household income; and (viii) the information required by Section
3.1. The Annual Report shall include a site improvement and maintenance plan and shall include
a report on the current waitlist, including number of households, unit size desired, typical wait
period. Owner shall include with the Annual Report, an income recertification for each
household, documentation verifying Tenant eligibility, and such additional information as City
may reasonably request from time to time in order to demonstrate compliance with this
Agreement. The Annual Report shall conform to the format requested by City; provided
however, during such time that the Development is subject to a regulatory agreement restricting
occupancy and/or rents pursuant to requirements imposed in connection with the use of state or
federal low-income housing tax credits or tax-exempt bond financing, Owner may satisfy the
requirements of this Section by providing City with a copy of compliance reports required in
connection with such financing.
3.3 Entry and Inspection. Owner shall permit representatives of City to enter and
inspect the Property, the Development, and records, during reasonable business hours in order to
monitor compliance with this Agreement upon forty-eight (48) hours advance notice of such visit
to Owner or to Owner's management agent.
3.4 Annual Monitoring Fee. The Development shall be subject to an annual
monitoring fee, as adjusted from time to time pursuant to the City's Master Fee Schedule.
3.5 Records.
(a) Owner shall keep and maintain at the principal place of business of the Owner
set forth in Section 6.10 below, or elsewhere with the City's written consent, full, complete and
appropriate books, records and accounts relating to the Development. Owner shall cause all
books, records and accounts relating to the Development to be kept and maintained in
accordance with generally accepted accounting principles consistently applied, and to be
consistent with requirements of this Regulatory Agreement. Owner shall cause all books,
records, and accounts to be open to and available for inspection and copying by the City, its
auditors or other authorized representatives at reasonable intervals during normal business hours.
Owner shall cause copies of all tax returns and other reports that Owner may be required to
furnish to any government agency to be open for inspection by the City at all reasonable times at
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the place that the books, records and accounts of Owner are kept. Owner shall preserve such
records for a period of not less than five (5) years after their creation. If any litigation, claim,
negotiation, audit exception, monitoring, inspection or other action relating to the use of the
Development is pending at the end of the record retention period stated herein, then Owner shall
retain the records until such action and all related issues are resolved. Such records are to
include but are not limited to:
(1) Records documenting compliance with the fair housing, equal
opportunity, and affirmative fair marketing requirements;
(2) Financial records; and
(3) Records demonstrating compliance with the marketing, tenant
selection, affordability, and income requirements.
(b) The City shall notify Owner of any records it deems insufficient. Owner has
fifteen (15) calendar days after the receipt of such a notice to correct any deficiency in the
records specified by the City in such notice, or if a period longer than fifteen (15) days is
reasonably necessary to correct the deficiency, then Owner must begin to correct the deficiency
within fifteen (15) days and correct the deficiency as soon as reasonably possible.
4. Term of Agreement.
4.1 Term of Restrictions. This Agreement shall remain in effect through the 55tn
anniversary of the Completion Date, unless the term is extended by mutual agreement of the
Parties.
4.2 Effectiveness Succeeds Conveyance of Property and Repayment of Loan. This
Agreement shall remain effective and fully binding for the full term hereof, as such may be
extended pursuant to Section 4.1. regardless of (i) any sale, assignment, transfer, or conveyance
of the Property or the Development or any part thereof or interest therein, (ii) any payment,
prepayment or extinguishment of the Loan or Note, or (iii) any reconveyance of the Deed of
Trust.
4.3 Reconvevance. Upon the termination of this Agreement, the Parties agree to
execute and record appropriate instruments to release and discharge this Agreement; provided,
however, the execution and recordation of such instruments shall not be necessary or a
prerequisite to the termination of this Agreement upon the expiration of the term as such may be
extended pursuant to Section 4.1.
5. Binding Upon Successors; Covenants to Run with the Land. Owner hereby subjects its
interest in the Property and the Development to the covenants and restrictions set forth in this
Agreement. The City and Owner hereby declare their express intent that the covenants and
restrictions set forth herein shall be deemed covenants running with the land and shall be binding
upon and inure to the benefit of the heirs, administrators, executors, successors in interest,
transferees, and assigns of Owner and City, regardless of any sale, assignment, conveyance or
transfer of the Property, the Development or any part thereof or interest therein. Any successor -
in -interest to Owner, including without limitation any purchaser, transferee or lessee of the
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Property or the Development (other than the Tenants of the individual dwelling units within the
Development) shall be subject to all of the duties and obligations imposed hereby for the full
term of this Agreement. Each and every contract, deed, or other instrument affecting or
conveying the Property or the Development or any part thereof, shall conclusively be held to
have been executed, delivered and accepted subject to the covenants, restrictions, duties and
obligations set forth herein, regardless of whether such covenants, restrictions, duties and
obligations are set forth in such contract, deed, or other instrument. If any such contract, deed, or
other instrument has been executed prior to the date hereof, Owner hereby covenants to obtain
and deliver to City an instrument in recordable form signed by the parties to such contract, deed,
or other instrument pursuant to which such parties acknowledge and accept this Agreement and
agree to be bound hereby.
Owner agrees for itself and for its successors that in the event that a court of competent
jurisdiction determines that the covenants herein do not run with the land, such covenants shall
be enforced as equitable servitudes against the Property and the Development in favor of City.
6. Property Management: Repair and Maintenance: Marketing.
6.1 Management Responsibilities. Owner shall be responsible for all management
functions with respect to the Property and the Development, including without limitation the
selection of Tenants, certification and recertification of household income and eligibility,
evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary
repairs, replacement of capital items, and security. City shall have no responsibility for
management or maintenance of the Property or the Development.
6.2 Management Entity. City shall have the right to review and approve the
qualifications of the management entity proposed by Owner for the Development. The
contracting of management services to a management entity shall not relieve Owner of its
primary responsibility for proper performance of management duties. City hereby approves
Eden Housing Management, Inc. (EHMI) as the initial management entity for the Development.
6.3 Repair, Maintenance and Security. Throughout the term of this Agreement,
Owner shall at its own expense, maintain the Property and the Development in good physical
condition, in good repair, and in decent, safe, sanitary, habitable and tenantable living conditions
in conformity with all applicable state, federal, and local laws, ordinances, codes, and
regulations. Without limiting the foregoing, Owner agrees to maintain the Development and the
Property (including without limitation, the residential units, common areas, meeting rooms,
landscaping, driveways, parking areas and walkways) in a condition free of all waste, nuisance,
debris, unmaintained landscaping, graffiti, disrepair, abandoned vehicles/appliances, and illegal
activity, and shall take all reasonable steps to prevent the same from occurring on the Property or
at the Development. Owner shall prevent and/or rectify any physical deterioration of the
Property and the Development and shall make all repairs, renewals and replacements necessary
to keep the Property and the improvements located thereon in good condition and repair. Owner
shall provide adequate security services for occupants of the Development. The Management
and Marketing Plan shall provide for the installation of a security camera system at initial
occupancy. Nothing in the proceeding sentence shall require the continued use of a camera
system if the parties agree upon a different or updated security system.
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6.3.1 City's Right to Perform Maintenance. In the event that Owner breaches
any of the covenants contained in Section 6.3. and such default continues for a period of ten (10)
days after written notice from City (with respect to graffiti, debris, and waste material) or thirty
(30) days after written notice from City (with respect to landscaping, building improvements and
general maintenance), then City, in addition to any other remedy it may have under this
Agreement or at law or in equity, shall have the right, but not the obligation, to enter upon the
Property and perform all acts and work necessary to protect, maintain, and preserve the
improvements and the landscaped areas on the Property. All costs expended by City in
connection with the foregoing, shall constitute an indebtedness of Owner, and shall be paid by
Owner to City upon demand. All such sums remaining unpaid thirty (30) days following
delivery of City's invoice therefor shall bear interest at the lesser of ten percent (10%) per annum
or the highest rate permitted by applicable law.
6.4 Management and Marketing Plan. Prior to the start of construction of the
Development, Owner shall submit for City review and approval, a plan for managing the
Property and marketing the Project. (the "Management and Marketing Plan"). The
Management and Marketing Plan shall be updated after two (2) years and then again every five
(5) years. The City will provide no less than 90 days' notice to Owner before each Management
and Marketing Plan is due. Updates and revisions to the Management and Marketing Plan may
be subject to prior approval of Owner's investor limited partner or other project lenders before
being implemented.
The Management and Marketing Plan shall describe the management team and shall
address how the Owner and the management entity plan to manage and maintain the Property
and the Development. The Management and Marketing Plan shall include the proposed
management agreement and the form of rental agreement that Owner proposes to enter into with
Development Tenants The Management and Marketing Plan shall address in detail how Owner
plans to market the Restricted Units to prospective Eligible Households and targeted outreach to
Senior Households in accordance with the City's Inclusionary Zoning Ordinance Regulations,
subject to any City waivers for this Development, fair housing laws and this Agreement,
Owner's Tenant selection criteria, and how Owner plans to certify the eligibility of Eligible
Households. The Management and Marketing Plan shall also address Owner's plans concerning
Senior Households set forth in Section 2.5 of this Agreement. Owner shall abide by the terms of
the Management and Marketing Plan in marketing, managing, and maintaining the Property and
the Development, and throughout the term of this Agreement, shall submit proposed
modifications to City for review and approval.
The Management and Marketing Plan shall also include the following:
(a) Establishment of a "crime free" environment by participation in the City of
Dublin's Crime Free Multi Housing Program.
(b) Description of targeted outreach to Senior Households.
(c) Plan to provide on -site programs and services for Senior Households and low-
income residents.
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6.5 Approval of Amendments. If City has not responded to any submission of the
Management and Marketing Plan, the proposed management entity, or a proposed amendment or
change to any of the foregoing within forty-five (45) days following City's receipt of such plan,
proposal or amendment, the plan, proposal or amendment shall be deemed approved by City.
6.6 Social Services. Owner shall provide a variety of social services at the
Development. Such social services are subject to the prior written approval of the City, in its
reasonable discretion. Owner shall use its best efforts to create a comprehensive social service
program that is targeted to the needs of the residents of the Development. Owner shall ensure
that all personnel providing or coordinating all social services shall be adequately trained and
counseled, including with respect to the appropriate means and methods of communicating and
interacting with residents. Any substantive decrease in the amount of social services to be
provided at the Property shall be subject to prior reasonable approval of City and approval shall
not be unreasonably withheld
6.7 Fees, Taxes, and Other Levies. Owner shall be responsible for payment of all
fees, assessments, taxes, charges, liens and levies applicable to the Property or the Development,
including without limitation possessory interest taxes, if applicable, imposed by any public
entity, and shall pay such charges prior to delinquency. However, Owner shall not be required to
pay any such charge so long as (a) Owner is contesting such charge in good faith and by
appropriate proceedings, (b) Owner maintains reserves adequate to pay any contested liabilities,
and (c) on final determination of the proceeding or contest, Owner immediately pays or
discharges any decision or judgment rendered against it, together with all costs, charges and
interest. The Parties acknowledge that the Owner will apply for exemption from property tax
under Revenue and Taxation Code Section 214.
6.8 Insurance Coverage. Throughout the term of this Agreement Owner shall at
Owner's expense, maintain in full force and effect insurance coverage as specified in the Loan
Agreement and shall comply with all insurance requirements set forth in the Loan Agreement.
6.8 Property Damage or Destruction. If any part of the Development is damaged or
destroyed, Owner shall repair or restore the same, consistent with the occupancy and rent
restriction requirements set forth in this Agreement. Such work shall be commenced as soon as
reasonably practicable after the damage or loss occurs and shall be completed within one year
thereafter or as soon as reasonably practicable, provided that insurance proceeds are available to
be applied to such repairs or restoration within such period and the repair or restoration is
financially feasible. During such time that lenders or low-income housing tax credit investors
providing financing for the Development impose requirements that differ from the requirements
of this Section the requirements of such lenders and investors shall prevail.
7. Recordation: Subordination. This Agreement shall be recorded in the Official Records of
Alameda County. Owner hereby represents, warrants and covenants that with the exception of
easements of record, absent the written consent of City, this Agreement shall not be subordinated
in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or
other interest in the Property or the Development. If at the time this Agreement is recorded, any
interest, lien, or encumbrance has been recorded against the Development in position superior to
this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly
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undertake all action necessary to clear such matter from title or to subordinate such interest to
this Agreement consistent with the intent of and in accordance with this Section 7, and to provide
such evidence thereof as City may reasonably request. Notwithstanding the foregoing, the City
agrees that City will not withhold consent to reasonable requests for subordination of this
Agreement to deeds of trust provided for the benefit of lenders identified in the Financing Plan
(as defined in the Loan Agreement) as it may be updated with City approval, provided that the
instruments effecting such subordination include reasonable protections to the City in the event
of default, including without limitation, extended notice and cure rights.
8. Transfer and Encumbrance.
8.1 Restrictions on Transfer and Encumbrance. During the term of this Agreement,
except as permitted pursuant to the Loan Agreement or this Agreement, Owner shall not directly
or indirectly, voluntarily, involuntarily or by operation of law make or attempt any total or partial
sale, transfer, conveyance, assignment or lease (collectively, "Transfer") of the whole or any
part of the Property, the Development, or the improvements located on the Property, without the
prior written consent of the City, which approval shall not be unreasonably withheld. In
addition, prior to the expiration of the term of this Agreement, except as expressly permitted by
this Agreement or the Loan Agreement, Owner shall not undergo any significant change of
ownership without the prior written approval of City. For purposes of this Agreement, a
"significant change of ownership" shall mean a transfer of the beneficial interest of more than
twenty-five percent (25%) in aggregate of the present ownership and /or control of Owner,
taking all transfers into account on a cumulative basis; provided however, neither the admission
of an investor limited partner, nor the transfer by the investor limited partner to subsequent
limited partners shall be restricted by this provision.
8.2 Permitted Transfers. Notwithstanding any contrary provision hereof, the
prohibitions on Transfer set forth herein shall not be deemed to prevent: (i) the granting of
easements or permits to facilitate development of the Property; (ii) the dedication of any property
required pursuant to the Loan Agreement; (iii) the lease of individual dwelling units to Tenants
for occupancy as their principal residence in accordance with this Agreement; (iv) assignments
creating security interests for the purpose of financing the acquisition, construction, or permanent
financing of the Development or the Property in accordance with the Loan Agreement, or
Transfers directly resulting from the foreclosure of, or granting of a deed in lieu of foreclosure
of, such a security interest; (v) a Transfer to a limited partnership in which the managing general
partner is a tax-exempt entity under the direct control of or under common control with Owner;
(vi) the admission of limited partners and any transfer of limited partnership interests in
accordance with Owner's agreement of limited partnership (the "Partnership Agreement"),
provided that the Partnership Agreement and/or the instrument of Transfer provides for
development and operation of the Property and Development in a manner consistent with the
Loan Agreement and this Agreement; (vii) the removal of the general partner by the investor
limited partner for a default under the Partnership Agreement, provided the replacement general
partner is reasonably satisfactory to City; or (viii) the transfer of the General Partner's interest to
a nonprofit entity that is or its member/manager is tax-exempt under Section 501(c)(3) of the
Internal Revenue Code of 1986 as amended, provided such replacement general partner is
reasonably satisfactory to City.
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In addition, City shall not withhold its consent to the sale, transfer or other disposition of
the Development, in whole or in part, provided that (a) the Development is and shall continue to
be operated in compliance with this Agreement; (b) the transferee expressly assumes all
obligations of Owner imposed by this Agreement; (c) the transferee executes all documents
reasonably requested by the City with respect to the assumption of the Owner's obligations under
this Agreement, and upon City's request, delivers to the City an opinion of its counsel to the
effect that such document and this Agreement are valid, binding and enforceable obligations of
such transferee; and (d) either (A) the transferee has at least three (3) years' experience in the
ownership, operation and management of low-income multifamily rental housing projects of
similar size to that of the Development, without any record of material violations of
nondiscrimination provisions or other state or federal laws or regulations applicable to such
projects, or (B) the transferee agrees to retain a property management firm with the experience
and record described in subclause (A).
Article VI of the Loan Agreement shall govern procedures applicable to requests for, and
City's approval of, proposed Transfers. Unless waived by City, Owner shall reimburse City for
all City costs, including but not limited to reasonable attorneys' fees, incurred in reviewing
instruments and other legal documents proposed to effect a Transfer under this Agreement and in
reviewing the qualifications and financial resources of a proposed successor, assignee, or
transferee within ten (10) days following City's delivery of an invoice detailing such costs.
8.3 Encumbrances. Owner agrees to use best efforts to ensure that any subordination
agreement recorded against the Property, the Development or part thereof for the benefit of a
lender other than City ("Third -Party Lender") shall contain each of the following provisions:
(i) Third -Party Lender shall provide to City a copy of any notice of default issued to Owner
concurrently with provision of such notice to Owner; (ii) City shall have the reasonable right, but
not the obligation, to cure any default by Owner within the same period of time provided to
Owner for such cure extended by an additional sixty (60) days; (iii) provided that City has cured
any default under Third -Party Lender's deed of trust and other loan documents, City shall have
the right to foreclose City's Deed of Trust and take title to the Development without acceleration
of Third -Party Lender's debt; and (iv) City shall have the right to transfer the Development
without acceleration of Third -Party Lender's debt to a nonprofit corporation or other entity
which shall own and operate the Development as an affordable rental housing project, subject to
the prior written consent of the Third -Party Lender. Owner agrees to provide to City a copy of
any notice of default Owner receives from any Third -Party Lender within three (3) business days
following Owner's receipt thereof.
8.4 Mortgagee Protection. No violation of any provision contained herein shall defeat
or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon
all or any portion of the Development or the Property, and the purchaser at any trustee's sale or
foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the
acquisition of title by such purchaser. Promptly upon determining that a violation of this
Agreement has occurred, City shall give written notice to the holders of record of any mortgages
or deeds of trust encumbering the Development or the Property that such violation has occurred.
9. Default and Remedies.
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9.1 Events of Default. The occurrence of any one or more of the following events
shall constitute an event of default hereunder ("Event of Default"):
(a) The occurrence of a Transfer in violation of Section 8 hereof;
(b) Owner's failure to maintain insurance on the Property and the
Development as required hereunder, and the failure of Owner to cure such default within ten (10)
days;
(c) Subject to Owner's right to contest the following charges, Owner's failure
to pay taxes or assessments due on the Property or the Development or failure to pay any other
charge that may result in a lien on the Property or the Development, and Owner's failure to cure
such default within thirty (30) days of delinquency;
(d) A default has been declared under any loan secured by a mortgage, deed
of trust or other security instrument recorded against the Property and remains uncured beyond
any applicable cure period such that the holder of such security instrument has the right to
accelerate repayment of such loan;
(e) A default arises under the Loan Agreement, the Note, the Deed of Trust or
any other City Document (as defined in the Loan Agreement) and remains uncured beyond the
expiration of any applicable cure period;
(f) Owner's default in the performance of any term, provision or covenant
under this Agreement (other than an obligation enumerated in this Subsection 9.1), and unless
such provision specifies a shorter cure period for such default, the continuation of such default
for ten (10) days in the event of a monetary default or thirty (30) days in the event of a non -
monetary default following the date upon which City shall have given written notice of the
default to Owner, or if the nature of any such non -monetary default is such that it cannot be
cured within thirty (30) days, Owner's failure to commence to cure the default within thirty (30)
days and thereafter prosecute the curing of such default with due diligence and in good faith, but
in no event longer than ninety (90) days from receipt of the notice of default or such longer
period of time as City may allow.
The limited partners of Owner shall have the right to cure any default of Owner
hereunder upon the same terms and conditions afforded to Owner. Provided that City has been
given written notice of the address for delivery of notices to the limited partners, City shall
provide any notice of default hereunder to the limited partners concurrently with the provision of
such notice to Owner, and as to the limited partners, the cure periods specified herein shall
commence upon the date of delivery of such notice in accordance with Subsection 11.3.
9.2 Remedies. Upon the occurrence of an Event of Default and its continuation
beyond any applicable cure period, City may proceed with any of the following remedies:
A. Bring an action for equitable relief seeking the specific performance of the terms
and conditions of this Agreement, and/or enjoining, abating, or preventing any
violation of such terms and conditions, and/or seeking declaratory relief;
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B. Accelerate and declare the balance of the Note and interest accrued thereon
immediately due and payable and proceed with foreclosure under the Deed of
Trust;
C. For violations of obligations with respect to rents for Restricted Units, impose as
liquidated damages a charge in an amount equal to the actual amount collected in
excess of the Affordable Rent;
D. Pursue any other remedy allowed at law or in equity.
Each of the remedies provided herein is cumulative and not exclusive. The City may
exercise from time to time any rights and remedies available to it under applicable law or in
equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this
Agreement.
10. Indemnity. Notwithstanding any other provision in the Loan Agreement or other
documents executed in connection with the City Loan, Owner shall indemnify, defend (with
counsel approved by City) and hold City and their respective elected and appointed officers,
officials, employees, agents, and representatives (collectively, the "Indemnitees") harmless from
and against all liability, loss, cost, expense (including without limitation attorneys' fees and costs
of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty,
deficiency, fine, order, and damage (all of the foregoing collectively "Claims") arising directly
or indirectly, in whole or in part, as a result of or in connection with Owner's construction,
management, or operation of the Property and the Development or any failure to perform any
obligation as and when required by this Agreement. Owner's indemnification obligations under
this Section 10 shall not extend to Claims resulting solely from the gross negligence or willful
misconduct of Indemnitees. It is further agreed that City does not and shall not waive any rights
against Owner that it may have by reason of this indemnity and hold harmless agreement
because of the acceptance by City, or the deposit with City by Owner, of any of the insurance
policies described in this Agreement or the Loan Agreement.
The provisions of this Section 10 shall survive the expiration or earlier termination of this
Agreement.
11. Miscellaneous.
11.1 Amendments. This Agreement may be amended or modified only by a written
instrument signed by both Parties.
11.2 No Waiver. Any waiver by City of any term or provision of this Agreement must
be in writing. No waiver shall be implied from any delay or failure by City to take action on any
breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable
law. No failure or delay by City at any time to require strict performance by Owner of any
provision of this Agreement or to exercise any election contained herein or any right, power or
remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach
of the same or any other provision hereof or a relinquishment for the future of such election.
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11.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to
this Agreement shall be made in writing, and sent to the Parties at their respective addresses
specified below or to such other address as a Party may designate by written notice delivered to
the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall
be deemed delivered upon receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to
the sender's account, in which case notice is effective on delivery if delivery is confirmed by the
delivery service;
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or
certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the
accurate transmission thereof. Any notice given by facsimile shall be considered to have been
received on the next business day if it is received after 5:00 p.m. recipient's time or on a
nonbusiness day.
City: City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attention: City Manager
(With a copy to City Attorney)
Owner: Corona/Ely Ranch, Inc.
22645 Grand Street
Hayward, CA 94541
Attention: Project Owner
With a copy to Owner's investor limited partner at the address designated by
Owner.
11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the
other such other documents and instruments, and take such other actions, as either shall
reasonably request as may be necessary to carry out the intent of this Agreement.
11.5 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall
establish the Parties as partners, co -venturers, or principal and agent with one another.
11.6 Action by the City. Except as may be otherwise specifically provided herein,
whenever any approval, notice, direction, consent or request by the City is required or permitted
under this Agreement, such action shall be in writing, and such action may be given, made or
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taken by the City's City Manager or by any person who shall have been designated by the City
Manager, without further approval by the City Council.
11.7 Non -Liability of City Officials, Officers, Directors, Employees and Agents. No
member, official, employee or agent of the City shall be personally liable to Owner or any
successor in interest, in the event of any default or breach by the City, or for any amount of
money which may become due to Owner or its successor or for any obligation of City under this
Agreement. No director, officer, employee or agent of the Owner shall be personally liable to the
City or any successor in interest, in the event of any default or breach by the Owner, or for any
amount of money which may become due to the City or its successor or for any obligation of the
Owner under this Agreement.
11.8 Headings; Construction. The headings of the sections and paragraphs of this
Agreement are for convenience only and shall not be used to interpret this Agreement. The
language of this Agreement shall be construed as a whole according to its fair meaning and not
strictly for or against any Party.
11.9 Time is of the Essence. Time is of the essence in the performance of this
Agreement.
11.10 Governing Law. This Agreement shall be construed in accordance with the laws
of the State of California without regard to principles of conflicts of law.
11.11 Attorneys' Fees and Costs. If any legal or administrative action is brought to
interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover
all reasonable attorneys' fees and costs incurred in such action.
11.12 Severability. If any provision of this Agreement is held invalid, illegal, or
unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of
the remaining provisions shall not be affected or impaired thereby.
11.13 Entire Agreement. This Agreement, together with the Loan Agreement, the Note
and the Deed of Trust contains the entire agreement of Parties with respect to the subject matter
hereof, and supersedes all prior oral or written agreements between the Parties with respect
thereto.
11.14 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
SIGNATURES ON FOLLOWING PAGES.
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IN WITNESS WHEREOF, the Parties have executed this Affordable Housing
Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written
above.
CITY
City of Dublin, a municipal corporation
By:
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to form:
John Bakker, City Attorney
DEVELOPER
Corona/Ely Ranch, Inc.,
a California nonprofit public benefit corporation
By:
SIGNATURES MUST BE NOTARIZED.
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A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
State of California
County of
)
)
)
On , before me, , Notary
Public,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument, and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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277
Exhibit A
PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described
as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11 and 12,
Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021,
Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda,
State of California, described as follows: Being a portion of Parcel 2, as said Parcel 2 is shown
and so designated on Parcel Map 1920, filed for record on December 1, 1976 in Book 94 of
Parcel Maps, at Page 11, in the Office of the County Recorder of Alameda County, more
particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2; Thence from said point of beginning,
along the Northerly line of said Parcel 2, North 69° 08' 15" East 31.11 feet; Thence leaving said
Northerly line, along the arc of a non -tangent 40.00 foot radius curve to the left, from which the
center of said curve bears South 33° 42' 04 East, through a central angle of 77° 09' 41" an arc
distance of 53.87 feet, to the Westerly line of said Parcel 2; Thence along said Westerly line,
North 20° 51' 45" West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor,
in, over, along and across that certain land situated in the Township of Pleasanton, County of
Alameda, State of California, described as follows: Beginning at the most Western corner of the
parcel of land described in the Deed from Amfac Merchandising Corporation, a California
corporation to Baydale, Inc., a Delaware corporation, recorded December 28, 1971, Reel 3026,
Image 888, Recorder's Series No. 71-169856, Alameda County Records; thence through a
portion of the last named parcel of land and along the Northwestern boundary line thereof, North
69° 08' 15" East, 329.29 feet; thence at right angles to the last named line South 20° 51' 45" East,
71.00 feet to the Northeastern corner of the parcel of land described in the Deed from Baydale,
Inc., a Delaware corporation, to Amfac Merchandising Corporation, a California corporation,
recorded April 12, 1972, Reel 3104 Image 883, Recorder's Series No. 72-47311, Alameda
County Records; thence along the last named line South 69° 08' 15" West 329.29 feet to the
Northeastern line of Regional Street being the parcel of land described as Parcel One
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in the Deed from Motel Interstate Systems, Inc., to the County of Alameda, recorded March 8,
1971, Reel 2802 Image 404, Recorder's Series No. 71-26256, Alameda County Records; thence
along the last named line North 20° 51' 45" West, 71.00 feet to the point of beginning.
Assessor's Parcel No. 941-1500-025 (Affects this and other property)
5369422.4
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EXHIBIT J
CERTIFICATE OF COMPLETION
Recording requested by
and when recorded mail to:
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §§6103, 27383
Space above this line for Recorder's use.
CERTIFICATE OF COMPLETION
This Certificate of Completion (this Certificate") is made by the City of Dublin, a California
municipal corporation ("City"), effective as of , 202_.
RECITALS
A. City and Corona/Ely Ranch, Inc., a California nonprofit public benefit corporation
("Owner"), entered into that certain Affordable Housing Assistance Agreement dated as of
, 2023 ("Loan Agreement") concerning the development of a one hundred thirteen (113)
unit affordable housing development (the "Development") on certain real property located in the
City of Dublin, California and more particularly described in Exhibit A attached hereto (the
"Property"). Capitalized terms used herein without definition shall have the meaning ascribed to
such terms in the Loan Agreement.
B. Pursuant to Section 3.12 of the Loan Agreement, the City is required to furnish the
Owner or its successors with a Certificate of Completion upon completion of construction and
development of the Development in accordance with the Loan Agreement.
C. The City has determined that the construction and development of the Development
has been satisfactorily completed in accordance with the Loan Agreement.
NOW, THEREFORE, the City hereby certifies as follows:
1. Construction and development of the Development has been satisfactorily completed
in conformance with the Loan Agreement.
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280
2. All use, maintenance and nondiscrimination covenants contained in the Loan
Agreement and the City Regulatory Agreement recorded in the Official Records of Alameda County
on , 2023 as Instrument No. in connection therewith shall remain
in effect and enforceable in accordance therewith. This Certificate does not constitute evidence of
Owner's compliance with those covenants in the Loan Agreement or City Regulatory Agreement
that survive the issuance of this Certificate.
3. This Certificate does not constitute evidence of compliance with or satisfaction of any
obligation of Owner to any holder of a deed of trust securing money loaned to finance the
Improvements or any part thereof (except City) and does not constitute a notice of completion under
the California Civil Code.
4. Nothing contained in this instrument shall modify any provisions of the Loan
Agreement, City Regulatory Agreement or any other document executed in connection therewith.
IN WITNESS WHEREOF, City has executed and issued this Certificate of Completion as
of the date first written above.
THE CITY OF DUBLIN
By:
Name:
[Title]
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
SIGNATURE MUST BE NOTARIZED
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EXHIBIT A TO CERTIFICATE OF COMPLETION
LEGAL DESCRIPTION OF PROPERTY
PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described
as follows:
Parcel One:
Parcel 2 of Parcel Map No. 1920, filed December 1, 1976 in Book 94 of Parcel Maps, Pages 11 and 12,
Alameda County Records.
Excepting therefrom:
That portion of land conveyed to the City of Dublin by Grant Deed Dated March 15, 2021,
Recorded 03-26-21, as Instrument No. 2021123184, more particularly described as follows:
Real property, situate in the incorporated territory of the City of Dublin, County of Alameda,
State of California, described as follows: Being a portion of Parcel 2, as said Parcel 2 is shown
and so designated on Parcel Map 1920, filed for record on December 1, 1976 in Book 94 of
Parcel Maps, at Page 11, in the Office of the County Recorder of Alameda County, more
particularly described as follows:
Beginning at the Northwestern corner of said Parcel 2; Thence from said point of beginning,
along the Northerly line of said Parcel 2, North 69° 08' 15" East 31.11 feet; Thence leaving said
Northerly line, along the arc of a non -tangent 40.00 foot radius curve to the left, from which the
center of said curve bears South 33° 42' 04 East, through a central angle of 77° 09' 41" an arc
distance of 53.87 feet, to the Westerly line of said Parcel 2; Thence along said Westerly line,
North 20° 51' 45" West 39.00 feet to said point of beginning.
Parcel Two:
An Access Easement, not to be exclusive, together with the right of ingress and egress therefor,
in, over, along and across that certain land situated in the Township of Pleasanton, County of
Alameda, State of California, described as follows: Beginning at the most Western corner of the
parcel of land described in the Deed from Amfac Merchandising Corporation, a California
corporation to Baydale, Inc., a Delaware corporation, recorded December 28, 1971, Reel 3026,
Image 888, Recorder's Series No. 71-169856, Alameda County Records; thence through a
portion of the last named parcel of land and along the Northwestern boundary line thereof, North
69° 08' 15" East, 329.29 feet; thence at right angles to the last named line South 20° 51' 45" East,
71.00 feet to the Northeastern corner of the parcel of land described in the Deed from Baydale,
Inc., a Delaware corporation, to Amfac Merchandising Corporation, a California corporation,
recorded April 12, 1972, Reel 3104 Image 883, Recorder's Series No. 72-47311, Alameda
County Records; thence along the last named line South 69° 08' 15" West 329.29 feet to the
Northeastern line of Regional Street being the parcel of land described as Parcel One
46
282
in the Deed from Motel Interstate Systems, Inc., to the County of Alameda, recorded March 8,
1971, Reel 2802 Image 404, Recorder's Series No. 71-26256, Alameda County Records; thence
along the last named line North 20° 51' 45" West, 71.00 feet to the point of beginning.
Assessor's Parcel No. 941-1500-025 (Affects this and other property)
5369422.4
47
283
EXHIBIT K
CITY INSURANCE REQUIREMENTS
48
284
CITY INSURANCE REQUIREMENTS
Prior to the closing of the City Predevelopment Loan and City Construction/Permanent Loan, and
throughout the term of this Agreement thereafter, Developer shall obtain and maintain, at
Developer's expense, the following policies of insurance.
A. Property Insurance. Insurance for the risks of direct physical loss, with minimum
coverage being the perils insured under the standard Causes of Loss - Special form
(ISO Form CP 10 30) or its equivalent, covering all improvements, all fixtures,
equipment and personal property, located on or in, or constituting a part of, the
Property ("Improvements"), in an amount equal to one hundred percent (100%) of the
full replacement cost of all such property.
1. The insurance shall:
(a) Cover explosion of steam and pressure boilers and similar apparatus, if
any, located on the Property,
(b) Cover floods if the Property is in a Special Hazard Area, as determined
by the Federal Emergency Management City or as shown on a
National Flood Insurance Program flood map;
2. The insurance required hereunder shall be in amounts sufficient to prevent
Developer from becoming a co-insurer under the terms of the applicable
policies, with not more than a Ten Thousand Dollars ($10,000) deductible (or
such higher deductible approved by the City, which approval shall not be
unreasonably withheld) from the loss payable for any casualty.
3. The policies of insurance carried in accordance with this Paragraph A shall
contain a "replacement cost endorsement" and an "increased cost of
construction endorsement."
B. Liability Insurance. Commercial general liability insurance on an "occurrence basis"
covering all claims with respect to injury or damage to persons or property occurring
on, in or about the Property and the Improvements. The limits of liability under this
Paragraph B shall be not less than Two Million Dollars ($2,000,000) combined single
limit per occurrence, with a deductible no greater than Ten Thousand Dollars
($10,000) or such higher deductible as may be approved by City, which approval
shall not be unreasonably withheld. 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. No endorsement shall be attached limiting the coverage. The
insurance shall cover on an occurrence or an accident basis, and not on a claims -made
basis.
1. The insurance shall also include coverage for:
1
285
(a) Liability for bodily injury or property damage arising out of the use,
by or on behalf of Developer, of any owned, non -owned, leased or
hired automotive equipment in the conduct of any and all operations
conducted in connection with the Development or the Property. 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 without limitation, blanket contractual
liability and the use of owned and non -owned automobiles.
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. The Insurance
shall cover on an occurrence or an accident basis, and not on a claims -
made basis.
(b) Premises and operations including, without limitation, bodily injury,
personal injury, death or property damage occurring upon, in or about
the Property or the Improvements on any elevators or any escalators
therein and on, in or about the adjoining sidewalks, streets and
passageways;
(c) Environmental liability and indemnification of City therefor;
(d) Broad form property damage liability;
(e) Additional insured and primary insured endorsements protecting the
City and its respective elected and appointed officials, officers,
employees and agents;
(f) Personal injury endorsement.
C. Worker's Compensation Insurance. Worker's compensation insurance, in the amount
required under then applicable state law, with limits of not less than One Million
Dollars per accident ($1,000,000), covering Developer's employees, if any, at work in
or upon the Property or engaged in services or operations in connection with the
Development or the Property. Developer shall require that any contract entered into
by Developer with regard to work to be undertaken on the Property include a
contractual undertaking by the contractor to provide worker's compensation
insurance for its employees in compliance with applicable state law. The Workers'
Compensation policy shall be endorsed with a waiver of subrogation in favor of the
entity for all work performed by the Developer, its employees, agents, contractors and
subcontractors.
2
286
D. Course of Construction Insurance. Course of construction insurance in the same
amount as required in Paragraph A above for property insurance, covering all
construction activities on the Property.
E. General Insurance Provisions.
1. All policies of insurance provided for in this Exhibit shall be provided under
valid and enforceable policies, in such forms and amounts as hereinbefore
specified, issued by insurers licensed to do business in the State of California
(or approved to do business in California and listed on the California
Department of Insurance list of Eligible Surplus Lines Insurers or successor
listing) and having a rating of A-VII or better in Best Insurance Guide or, if
Best Insurance Guide is no longer in existence, a comparable rating from a
comparable rating service. Prior to closing of the City Predevelopment Loan
and City Construction/Permanent Loan, and thereafter, not less than thirty
(30) days prior to the expiration date of each policy furnished pursuant to this
Exhibit, Developer shall deliver to City certificates evidencing the insurance
required to be carried by Developer under this Exhibit, and any additional
insured endorsements, waivers of subrogation endorsements, and primary
insurance endorsements as required by this Exhibit. If requested by City,
Developer shall deliver within ten (10) days following such request, certified,
complete copies of the insurance policies required hereunder. Insurance
policies to be provided hereunder shall meet the following requirements:
2. Each policy of insurance obtained pursuant to this Agreement, other than
worker's compensation insurance, shall contain endorsements which provide:
(a) A waiver by the insurer of the right of subrogation against City,
Developer or any tenant of the Development for negligence of any
such person,
(b) A statement that the insurance shall not be invalidated should any
insured waive in writing prior to the loss any or all right of recovery
against any party for loss accruing to the property described in the
insurance policy, and
(c) A provision that no act or omission of Developer which would
otherwise result in forfeiture or reduction of the insurance therein
provided shall affect or limit the obligation of the insurance company
to pay the amount of any loss sustained.
(d) By endorsements, City, and its elected and appointed officials,
officers, volunteers, employees and agents shall be named as
additional insured under the liability insurance required to be
maintained by Developer hereunder. City shall be named as loss
payee on the property insurance policies required to be maintained
hereunder.
3
287
3. Each policy required hereunder shall include a Notice of Cancellation or
Change in Coverage Endorsement which shall provide that such policy shall
not be cancelled or materially changed without at least thirty (30) days' prior
written notice by registered or certified mail to City.
4. All insurance policies shall provide that there shall be no exclusion from
coverage for cross liability among the listed insureds.
5. Any certificate of insurance applicable to course of construction insurance to
be maintained shall be deposited with City prior to closing of the City
Construction/Permanent Loan.
6. Each policy shall contain an endorsement that provides that the insurance
applies separately to each insured that is seeking coverage or against whom a
claim is made, except with respect to the limits of liability
7. Each policy shall be written as a primary policy not contributing with and not
in excess of coverage that City may carry.
8. Each policy shall expressly provide that City shall not be required to give
notice of accidents or claims and that City shall have no liability for
premiums.
9. No policy required by this Exhibit shall include a "wasting" policy limit (i.e.
limit that is eroded by the cost of defense).
10. Developer shall include all contractors and subcontractors as insureds under
its policies or shall furnish separate certificates and certified endorsements for
each contractor and subcontractor. All coverages for contractors and
subcontractors shall be subject to all of the requirements stated herein.
F. Blanket Policies. Any insurance provided for in this Exhibit may be placed by a
policy or policies of blanket insurance; provided, however, that such policy or
policies provide that the amount of the total insurance allocated to the Property and
the Development shall be such as to furnish protection the equivalent of separate
policies in the amounts herein required, and provided further that in all other respects
any such policy or policies shall comply with the other provisions of this Agreement
G. Waiver of Subrogation. To the extent permitted by law and the policies of insurance
required to be maintained hereunder, and without affecting such insurance coverage,
City and Developer each waive any right to recover against the other:
1. Damages for injury or death of persons,
2. Damage to property,
3. Damage to the Property or the Improvements or any part thereof, or
4
288
4. Claims arising by reason of any of the foregoing, to the extent that such
damages and/or claims are covered (and only to the extent of such coverage)
by insurance actually carried by either City or Developer.
This provision is intended to restrict each party (as permitted by law) to recover
against insurance carriers to the extent of such coverage, and waive fully, and for the
benefit of each, any rights and/or claims which might give rise to a right of
subrogation in any insurance carrier.
H. Compliance with Policy Requirements. Developer shall observe and comply with the
requirements of all policies of public liability, fire and other policies of insurance at
any time in force with respect to the Property, and Developer shall so perform and
satisfy the requirements of the companies writing such policies that at all times
companies of good standing shall be willing to write or to continue such insurance.
I. Remedies. In addition to any other remedies City may have if Developer fails to
provide or maintain any insurance policies or policy endorsements to the extent and
within the time herein required, City may, at its sole option exercise any of the
following remedies, which are alternatives to other remedies City may have and are
not the exclusive remedy for Developer's breach:
5382807.2
(i) Obtain such insurance and Developer shall then be required to pay to City the
amount of the premiums for such insurance; and/or
(ii) Obtain such insurance and add the cost of the premiums for such insurance to
the balance of the City Predevelopment Loan and/or City Construction/Permanent
Loan.
5
289
CITY OF DUBLIN
FISCAL YEAR 2022-23
BUDGET CHANGE FORM
Budget Change Reference #:
City Council's Approval Required
From Un-Appropriated Reserves
From Designated Reserves
DECREASE BUDGET AMOUNT
Attachment 3
Budget Transfer Between Funds
Other
INCREASE BUDGET AMOUNT
Account Amount Account Amount
EXP: Affordable Housing Fund/Affordable
Housing/Housing Development Loan
29018100.66102 $1,000,000
REASON FOR BUDGET CHANGE
The Fiscal Year 2022-2023 Budget Affordable Housing Fund/Affordable Housing/Housing Development Loan includes
funding for affordable housing projects. The Staff Report for June 20, 2023 includes a Predevelopment Loan for the Regional
Street Senior Affordable Housing Project, requiring a budget adjustment for this fund in the amount of $1 million.
As Presented at the City Council Meeting 6/20/2023
**********Finance Use Only**********
Posted By:
Date:
C:\Users\cathyw\Downloads\Regional_Street_Pre-Dev_Housing_Loan_6.20.2023 (1) Regional_Street_Pre-Dev_Housing_Loan_6.20.2023 (1)
290
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 4.8
SU ELECT : Delegation of Authority During Council Recess - Annual Street Resurfacing,
Alamo Creek Park Fence Replacement, and Agreement with All City
Management Services, Inc.
Prepared by: Laurie Sucgang, City Engineer, and Raelyn Miranda,
Administrative Aide
EXECUTIVE SUMMARY:
The City Council will consider delegating authority to the City Manager to approve the plans and
specifications and award contracts for the Annual Street Resurfacing Projects (2023 Slurry Seal
and 2023 Overlay) and the Alamo Creek Park and Assessment District Fence Project during the
City Council recess between June 21, 2023 and August 14, 2023. The City Council will also
consider delegating authority to the City Manager to approve an agreement with All City
Management Services, Inc. during the City Council recess. Actions taken during the City Council
recess will be reported to the City Council at the August 15, 2023 regularly scheduled meeting.
STAFF RECOMMENDATION:
Take the following actions 1) Adopt the Resolution Delegating Authority to the City Manager to
Approve the Plans and Specifications and to Award Construction Contracts for Annual Street
Resurfacing Projects (2023 Slurry Seal and 2023 Overlay), CIP No. ST0117; 2) Adopt the
Resolution Delegating Authority to the City Manager to Approve the Plans and Specifications and
to Award a Construction Contract for the Alamo Creek Park and Assessment District Fence
Replacement Project, CIP No. PK0122; and 3) Adopt the Resolution Delegating Authority to the
City Manager to Approve an Agreement Between the City of Dublin and All City Management
Services, Inc.
FINANCIAL IMPACT:
The estimated construction contract cost for the Annual Street Resurfacing Projects, 2023 Slurry
Seal and 2023 Overlay, is $800,000-$900,000 and $1.2 million-$1.4 million, respectively, and the
estimated cost for the Alamo Creek Park Fence Replacement Project is $400,000-$500,000.
Sufficient funds are available in the adopted 2022-2027 Capital Improvement Program (CIP)
Page 1 of 4
291
Update for CIP Nos. ST0117, PK0123, and PK0122, as well as the Fiscal Year 2023-24 Operating
Budget for the Public Works Department, in addition to any funds remaining from Fiscal Year
2022-23 when the fiscal year books are closed. Any contract award is limited to the available
budgeted funds.
The compensation in the proposed agreement with All City Management Services, Inc. for crossing
guard services in the new school year is not to exceed $800,000, which includes a contingency
amount if there needs to be a modification to the hours and location site. The Dublin Unified
School District will reimburse the City for the cost of a total of six sites and the City will be
responsible for the remaining eleven sites. Sufficient funds are available in the adopted Fiscal Year
2023-24 budget for this contract.
DESCRIPTION:
Delegation of Authority
Dublin Municipal Code Chapter 2.36 Contracts and Purchasing requires that the City Council
approve any contracts for public projects that exceed $100,000. However, Dublin Municipal Code
Section 2.04.190, states: "It shall be the duty of the City Manager to perform such other duties and
exercise such other powers as may be delegated from time to time by ordinance or other official
action of the City Council." Therefore, Staff recommends that the City Council exercise its authority
and approve a resolution to delegate its approval to the City Manager during the City Council
recess, provided the compensation amounts are within the budget already approved by the City
Council and that all other competitive bidding procedures are satisfied, as appropriate.
If the City Council delegates authority, a report summarizing actions that occurred during the City
Council recess will be included in the agenda for the August 15, 2023 City Council meeting.
Annual Street Resurfacing
This year's Annual Street Resurfacing, CIP No. ST0117, consists of two projects 1) 2023 Slurry Seal
and 2) 2023 Overlay.
The 2023 Slurry Seal Project will include localized repair of failed asphalt concrete pavement,
slurry seal, and pavement delineation on the following street segments: Alegre Drive, Amarillo
Court, Amarillo Road, Barn Hollow Court, Bay Laurel Court, Bay Laurel Street, Betlen Drive,
Buckeye Court, Calle Verde Road, Casa Linda Court, Castle Court, Castle Drive, Circle Way, Corto
Court, Cresta Lane, Dillon Way, Estrella Court, Hansen Drive, Kingston Place, Kolb Place, Ladera
Court, Ladera Drive, Las Palmas Court, Las Palmas Way, Luna Court, Mancini Court, Manzanita
Lane, Mape Way, Meadow Court, Peppertree Road, Prow Way, Rampart Drive, Reilly Court, San
Sabana Court, San Sabana Road, Shadow Drive, Shadow Place, Silvergate Drive, Tina Place, and two
segments along Tamarack Drive, between Village Parkway and Burnham Way and between
Doreen Street and Brighton Drive.
The 2023 Overlay Project will include pavement overlays of John Monego Court and Sierra Lane;
the Alamo Creek Trail pedestrian pathway along Persimmon Drive between Gleason Drive and
Central Parkway; localized pavement repairs on Dublin Boulevard, west of Silvergate Drive, as
well as on Village Parkway, north of Amador Valley Boulevard; and localized pavement repairs in
Page 2 of 4
292
the Shannon Community Center parking lot, which will also address the fire damaged pavement.
The 2023 Slurry Seal Project is currently out to bid at the time of the writing of this Staff Report,
and the 2023 Overlay Project will be advertised in the coming weeks. Barring unforeseen
circumstances, such as bid protests, it is anticipated that both projects will be scheduled to
receive, open, and read aloud bids, and award and execute contracts during the City Council
recess. The City Council delegation of authority to the City Manager will allow the projects to
continue progressing towards construction without having to wait until the City Council meeting
of August 15, 2023. Bid results, references, and necessary licenses will be reviewed by Staff who
will then recommend that the City Manager award the construction contracts to the lowest
responsive, responsible bidders.
These projects are exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
Alamo Creek Park and Assessment District Fence Replacement
The Alamo Creek Park and Assessment District Fence Replacement Project, CIP No. PK0422,
includes the removal and disposal of existing ornamental metal fencing that has reached the end
of its service life at Alamo Creek Park and along Fall Creek Road, Dougherty Road, and Wildwood
Road, and replacement with new six -foot -high vinyl coated chain link fencing. The project also
includes patching, painting, and replacement of the decorative metal fencing on the concrete
masonry monument sign and culvert walls with new decorative metal fencing in Alamo Creek
Park.
The project will be advertised in the coming weeks and barring unforeseen circumstances, such as
bid protests, it is anticipated that the project will be scheduled to receive, open, and read aloud
bids, and award and execute a contract during the City Council recess. The City Council delegation
of authority to the City Manager will allow the project to continue progressing towards
construction without having to wait until the meeting of August 15, 2023. Bid results, references,
and necessary licenses will be reviewed by Staff who will then recommend that the City Manager
award the construction contract to the lowest responsive, responsible bidder.
This project is exempt under Section 15301 (Existing Facilities) of the CEQA Guidelines.
All City Management Services. Inc. Agreement
The current agreement with All City Management Services, Inc. for crossing guards in designated
school zones will expire on June 30, 2023. Staff desires to enter into a new two-year agreement
with All City Management Services, Inc. prior to the beginning of the 2023-2024 school year,
which occurs during the City Council recess. Staff recommends delegating authority to the City
Manager to approve the agreement.
There will be 17 locations for the crossing guards with exact sites still to be determined, but which
will include areas around the elementary schools, Fallon Middle School, and Cotton Wood Creek K-
8 School.
Page 3 of 4
293
STRATEGIC PLAN INITIATIVE:
Strategy 3: Infrastructure Maintenance and Reinvestment
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Delegating Authority to the City Manager to Approve the Plans and Specifications
and to Award Construction Contracts for the Annual Street Resurfacing Projects (2023 Slurry
Seal and 2023 Overlay), CIP No. ST0117
2) Resolution Delegating Authority to the City Manager to Approve the Plans and Specifications
and to Award a Construction Contract for the Alamo Creek Park and Assessment District Fence
Replacement Project, CIP No. PK0122
3) Resolution Delegating Authority to the City Manager to Approve an Agreement Between the
City of Dublin and All City Management Services, Inc.
4) CIP No. ST0117 - Annual Street Resurfacing
5) CIP No. PK0123 - Persimmon Drive Pedestrian Path Rehabilitation
6) CIP No. PK0122 - Alamo Creek Park and Assessment District Fence Replacement
Page 4 of 4
294
Attachment I
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE THE PLANS AND
SPECIFICATIONS AND TO AWARD CONSTRUCTION CONTRACTS FOR THE ANNUAL
STREET RESURFACING PROJECTS (2023 SLURRY SEAL AND 2023 OVERLAY), CIP NO.
ST0117
WHEREAS, the design team prepared the plans and specifications for the Annual Street
Resurfacing Projects (2023 Slurry Seal and 2023 Overlay), CIP No. ST0117, ("Projects") which
plans and specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, the City Council will be in recess from June 21, 2023 through August 14, 2023;
and
WHEREAS, Staff is aware of specific actions that will be needed for the Projects during
the City Council recess; and
WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of
the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin
Municipal Code to the City Manager, provided the bids come in within the budget pre -approved
by the City Council and that all other competitive bidding procedures are satisfied.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager or designee to approve the plans and specifications for the
Projects.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to consider, approve, award, and execute the contracts
and other associated administrative matters needed for the Projects within existing budgetary
appropriations during the City Council's scheduled recess.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to approve the Projects' Contract Change Orders based
on the appropriated funds designated for the Projects up to the contingency amounts of $100,000
for the 2023 Slurry Seal Project and $150,000 for the 2023 Overlay Project.
BE IT FURTHER RESOLVED that the City Manager shall report to the City Council
regarding the actions taken under this resolution at the August 15, 2023 City Council meeting.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted 06/20/23 Page 1 of 2
295
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
296
Attachment 2
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE THE PLANS AND
SPECIFICATIONS AND TO AWARD A CONSTRUCTION CONTRACT FOR THE ALAMO
CREEK PARK AND ASSESSMENT DISTRICT FENCE REPLACEMENT PROJECT, CIP NO.
PK0122
WHEREAS, the design team prepared the plans and specifications for the Alamo Creek
Park and Assessment District Fence Replacement Project, CIP No. PK0122, ("Project") which
plans and specifications are hereby expressly referred to for a description of said work and for all
particulars relative to the proceedings under the request for bids; and
WHEREAS, the City Council will be in recess from June 21, 2023 through August 14, 2023;
and
WHEREAS, Staff is aware of specific actions that will be needed for the Project during the
City Council recess; and
WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of
the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin
Municipal Code to the City Manager, provided the bids come in within the budget pre -approved
by the City Council and that all other competitive bidding procedures are satisfied.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby authorize the City Manager or designee to approve the plans and specifications for the
Project.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to consider, approve, award, and execute the contract
and other associated administrative matters needed for the Project within existing budgetary
appropriations during the City Council's scheduled recess.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby
authorize the City Manager or designee to approve the Project Contract Change Orders based
on the appropriated funds designated for the Project up to the contingency amount of $50,000.
BE IT FURTHER RESOLVED that the City Manager shall report to the City Council
regarding the actions taken under this resolution at the August 15, 2023 City Council meeting.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted 06/20/23 Page 1 of 2
297
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 2
298
Attachment 3
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DELEGATING AUTHORITY TO THE CITY MANAGER TO APPROVE AN AGREEMENT
BETWEEN THE CITY OF DUBLIN AND ALL CITY MANAGEMENT SERVICES, INC.
WHEREAS, the City of Dublin desires to enter into an agreement with All City Management
Services, Inc. to provide crossing guards in designated school zones; and
WHEREAS, Dublin Unified School District requested 17 location sites; and
WHEREAS, the City Council will be exercising authority pursuant to Section 2.04.190 of
the Dublin Municipal Code to delegate its authority in Sections 2.36.160 and 2.36.090 of the Dublin
Municipal Code to the City Manager, provided the compensation amount is within the budget pre -
approved by the City Council.
NOW, THEREFORE, BE IT RESOLVED City Council of the City of Dublin does hereby
authorize the City Manager or designee to approve and execute an agreement with All City
Management Services, Inc. for a period of two years and for a compensation amount not to
exceed $800,000, inclusive of contingency.
BE IT FURTHER RESOLVED that the City Manager shall report to the City Council
regarding the actions taken under this resolution at the August 15, 2023 City Council meeting.
PASSED, APPROVED AND ADOPTED this 20th day of June 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted 06/20/2023 Page 1 of 1 299
Attachment 4
Number
ANNUAL STREET RESURFACING Progra
REETS
PROJECT DESCRIPTION
This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of
streets and resurfacing of bridge decks. The project also includes installation of new or upgrades of existing ADA curb ramps on roads that are reconstructed or receive
an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to
available budget. The City owns and maintains approximately 148 centerline miles of streets.
The Metropolitan Transportation Commission groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good -Excellent; 70-79
Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a three-year moving average PCI of 82.
This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program
protects the substantial investment the City has in the public street system.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR 2022-2023
YEARS BUDGET 2023-2024 2024-2025 2025-2026
FUTURE
2026-2027 YEARS
TOTALS
9100
9200
9400
1 9500
TOTAL
Salaries & Benefits
Contract Services
Improvements
Miscellaneous
$142,884
$1,484,397
$7,796,520
$9,022
$48,991
$684,947
$3,023,727
$40,169
$35,360
$340,000
$1,917,401
$7,120
$9,432,823 $3,797,834
$2,299,881
$35,360 $35,360
$340,000 $360,000
$1,917,401 $2,170,601
$7,1201 $8,000
$2,299,881 $2,573,961
MN-
$35,360
$360,000
$2,170,601
$8,000
$2,573,961
$333,315
$3,569,344
$18,996,251
$79,431
$22,978,341
FUNDING SOURCE
PRIOR
YEARS
2022-2023
BUDGET
2025-2026
FUTURE
2026-2027 YEARS
TOTALS
1001 General Fund
2201 State Gas Tax
Measure B Sales Tax - Local Streets
2204 Fund
Measure B Sales Tax - Bike &
2205 Pedestrian Fund
Measure BB Sales Tax - Local
2214 Streets Fund
$467,999
$3,456,188 $1,232,833 $600,920 $725,920 $800,000
$1,484,999 $300,000
$300,000
$1,806,020 $450,000 $575,000 $450,000 $650,000
$800,000
$650,000
$467,999
$7,615,861
$1,784,999
$300,000
$4,581,020
UNDING SOURCE
PRIOR
YEARS
2022-2023
BUDGET
2023-2024
2024-2025
2025-2026
2026-2027
FUTURE
YEARS
TOTALS
Measure BB Sales Tax - Bike &
2215 Pedestrian Fund
2216 Measure B Grants
$304,500
$82,500
$304,500
$82,500
Road Maint. & Rehab. Account
2220 (RMRA) $1,374,977 $1,764,661 $1,123,961 $1,123,961 $1,123,961 $1,123,961 $7,635,482
2304 Local Recycling Programs $155,640 $4,360 $160,000
4309 Mitigation Contributions $45,980 $45,980
TOTAL $9,432,823 $3,797,834 $2,299,881 $2,299,881 $2,573,961 $2,573,961 $22,978,341
ANNUAL OPERATING IMPACT
Attachment 5
Number PK0123 PERSIMMON DRIVE PEDESTRIAN PATH REHABILITATION Program
PROJECT DESCRIPTION
This project will provide for removal and replacement of approximately 1,250 linear feet of asphalt pathway along Persimmon Drive between Gleason Drive and
Central Parkway. The asphalt concrete surface has experienced distress due to soil expansion, the encroachment of tree roots, and some slope creep along the
adjacent Tassajara Creek bank.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
RKS
STIMATED COSTS
PRIOR
YEARS
2022-2023
BUDGET
2023-2024
2024-2025
2025-2026
2026-2027
FUTURE
YEARS
TOTALS
9100 Salaries & Benefits
9200 Contract Services
9400 Improvements
$15,080
$29,920
$150,000
$15,080
$29,920
$150,000
$195,000
$195,000
FUNDING SOURCE
2704
Landscape District Santa
Rita 1997-1
PRIOR 2022-2023
YEARS BUDGET
$195,0001
2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
$195,000
TOTAL
$195,000
$195,000
ANNUAL OPERATING IMPACT
Attachment 6
Number PK0122 ALAMO CREEK PARK AND ASSESSMENT DISTRICT - FENCE REPLACEMENT Program Parks
PROJECT DESCRIPTION
This project provides for the design and construction of replacement fencing at Alamo Creek Park and for replacement and repair of fencing within the Dougherty
Road Landscape and Lighting District No. 1986-1. Most of the existing tubular steel fencing has reached the end of its service life and needs to be replaced or
repaired. The project will include replacement of the tubular steel fencing within Alamo Creek Park. In addition to the park fencing, the existing decorative concrete
masonry walls within the park, which include integrated tubular steel fence elements, will be evaluated, repaired as needed, and repainted.
The project will also include evaluation and select replacement or repair of the tubular steel fencing that is maintained by the Dougherty Road Landscape and
Lighting District No. 1986-1. The subject fencing is located along Fall Creek Road, Wildwood Road, and Willow Creek Drive. Funding for this portion of the
project is provided from funding reserves that were collected from District No. 1986-1.
ANNUAL OPERATING IMPACT: None
MANAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2022-2023
BUDGET
2023-2024
2024-2025
2025-2026
FUTURE
2026-2027 YEARS
TOTALS
9100 Salaries & Benefits
9200 Contract Services
9400 Improvements
9500 Miscellaneous
$10,021
$2,911 $38,689
$43,730
$747,500
$7,149
$41,600
$53,751
$747,500
$7,149
TOTAL
$12,932 $837,068
$850,011
UNDING SOURCE
PRIOR
YEARS
2022-2023
BUDGET
f
2023-2024 2024-2025 2025-2026 2026-2027
FUTURE
YEARS TOTALS
1001 General Fund
Landscape District
2703 Dougherty 1986-1
TOTAL
$3,233 $446,767
$9,699 $390,301
$450,000
$400,000
$850,000
ANNUAL OPERATING IMPACT
Agenda Item 4.9
r
Alt
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.JECT: Revisions to the Personnel System
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
The City Council will consider proposed changes to the City's current Personnel System. The
proposed adjustments are based on the need to revise the City's Classification Plan and Salary Plan
for Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the following: 1) Resolution Amending the Classification Plan; 2) Resolution Establishing
a Salary Plan for Full -Time Personnel in Accordance With the Personnel Rules; 3) Resolution
Establishing a Salary Plan for Management Positions Exempt from Competitive Service; 4)
Resolution Amending the Benefit Plan; and 5) Resolution Amending the Management Positions
Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated
Positions.
FINANCIAL IMPACT:
There is no budgetary impact from the proposed changes as the cost -of -living increases were
approved in the Fiscal Year 2023-24 operating budget on May 16, 2023.
DESCRIPTION:
This Staff Report addresses changes to various documents that are part of the City's Personnel
System Rules. The following sections describe the changes being proposed and identify City
documents being updated to reflect the changes.
Classification Plan
Pursuant to the City's Personnel System Rules, a job description must be adopted for each
classification in the organization. The job description typically includes key elements, knowledge,
Page 1 of 3
304
skills, abilities, and requirements of the position. The job descriptions make up the City's
Classification Plan.
Attachment 1 includes the following amendments:
• Updating the Classification Plan by eliminating the classification of Heritage & Cultural Arts
Manager, re -titling Recreation Manager to Parks & Community Services Manager and
updating the job specification. By broadening the job specification and title to encompass
all programmatic areas within Parks and Community Services, the Parks & Community
Services Director will have more flexibility in assigning areas of responsibilities within the
Department as the new Cultural Arts Center opens early next year.
• Updating the titles of Administrative Services Director/Director of Finance and Assistant
Administrative Service Director/Budget to Finance Director and Assistant Finance Director,
respectively. Changing the titles to Finance more accurately represents the responsibilities
of these positions and aligns with the department name change in the FY 2023-24 Budget.
• Adding the Deputy City Manager to the Classification Plan. This classification request
addresses the City Council's strategic priorities, such those related to implementation of
the Downtown Preferred Vision, as well as items of major economic and financial
importance to the City. This position would report to the City Manager.
Salary Plan
Included in the City's Personnel System are Resolutions that address salary ranges for City
personnel. Attachments 6 and 7 propose establishing salary ranges for FY 2023-24 to reflect the
approved 3.5% cost -of -living increase that was approved at the May 16, 2023, Council Meeting.
Benefit Plan
Attachment 8 amends the Benefit Plan, allowing the Deputy City Manager position to be eligible
for the City's car allowance of $190.00 per month. Finally, Attachment 9 prescribes specific leave
benefits and designates the Deputy City Manager as management and exempt from the City's
competitive service system.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Amending the Classification Plan
Page 2 of 3
305
2) Exhibit A to the Resolution - Parks & Community Services Manager Job Specification (Redline
Version)
3) Exhibit B to the Resolution - Finance Director Job Specification (Redline Version)
4) Exhibit C to the Resolution - Assistant Finance Director Job Specification (Redline Version)
5) Exhibit D to the Resolution - Deputy City Manager Job Specification
6) Resolution Establishing a Salary Plan for Full -Time Personnel in Accordance With the
Personnel Rules
7) Resolution Establishing a Salary Plan for Management Positions Exempt from Competitive
Service
8) Resolution Amending the Benefit Plan
9) Resolution Amending the Management Positions Exempt from Competitive Service Resolution
and Prescribing Leave Benefits for the Designated Positions
Page 3 of 3
306
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE CLASSIFICATION PLAN
WHEREAS, in accordance with the City's Personnel System Rules, the City Council
adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification
Plan; and
WHEREAS, it is necessary to periodically amend job descriptions to the Classification
Plan.
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent
Resolutions shall be further amended to delete the following job descriptions:
Heritage & Cultural Arts Manager
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent
Resolutions shall be further amended to change the titles of the following job descriptions:
Recreation Manager to Parks & Community Services Manager (Exhibit A)
Administrative Services/Finance Director to Finance Director (Exhibit B)
Assistant Administrative Services/Finance Director to Assistant Finance Director (Exhibit C)
NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent
Resolutions shall be amended to include the following position:
Deputy City Manager (Exhibit D)
BE IT FURTHER RESOLVED that this document shall become a part of the official
Classification Plan for the City of Dublin; and that the changes contained herein shall be
effective June 20, 2023.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 307
Attachment 2
Exhibit A to the Resolution
Date Adopted: rJune 1920,
Date Revised:
Title: PARKS AND COMMUNITY SERVICES
MANAGER
FLSA: EXEMPT/AT-WILL/MANAGEMENT
General Purpose:
Under the direction of the Parks and Community Services Director, plans, directs, coordinates,
and supervises activities and Recreation Division programs that may include: revenue generation,
special interest classes, youth programs; senior citizens; league sports; aquatics:: facility and
rental management; contract management; administrative functions; arts education programs:
special events, and special programs as assigned.- Duties include extensive work with other
departments, agencies, and the community requiring problem solving, creativity, commitment,
tact, and discretion.- This position functions as a member of the Parks and Community Services
Department management team in Departmental policy development, administrative planning and
addressing ef-Departmental problems, budget development, personnel recruitment; —wand does
related work as required.
Distinguishing Characteristics:
The Recreation Parks and Community Services Manager is a management position responsible
for directing, supervising, and participating in the activities of the Recreation
DivisionDepartment; provides direct and indirect supervision and management of professional,
technical, contract, and clerical staff; provides highly responsible and complex staff assistance to
the Parks and Community Services Director. Incumbents in this classification have a broad range
of independence within policy and procedural limitations and work under minimal supervision.
The incumbent is accountable to the Depai tiiient Director for the effective supervision of
personnel and the quality and efficiency of services directed. While the general parameters of the
job are defined, the employee is expected to select and put into effect work procedures and
practices which will lead to the effective and efficient accomplishment of Department goals.
Recommendations on the improvement of Division Depai tinental activities are expected.
Essential Duties and Responsibilities:
The following duties are normal for this classification.- The omission of specific statements of
duties does not exclude them from the position if the work is similar, related, or a logical
assignment to this class.
308
Attachment 2
Exhibit A to the Resolution
Plans, organizes, directs, and coordinates Parks and Community Services/Recreation Division
activities; plans, formulates, and implements program plans for recreational activities, including
sing various
recreational areas. facilities. citv-wide special events. and equipment effectively.
Establishes general approaches to be used in aarryingcarry out projects and determines priorities;
reviews activity reports and periodically checks work in progress and upon completion to ensure
compliance with policy, standards, and directions; resolves operational and personnel problems,
which aan of bo haxdled by lower level supervisorslower-level supervisors cannot handle.
Negotiates and implements agreements related to City public art projects and art projects reauired
of private developers.
Advises and serves as the contact point for private sector public art projects: manages consultant
agreements; coordinates public art projects with other City Departments and artists.
Investigates public complaints and requests related to functions supervised and makes
determinations on action to be taken.
Prepares recommendations on budgetary needs as related to personnel, equipment and material,
including related justification; adrxinia= tho Divioion budget including tho app,-o va1 and
control of expenditures; develops long rango rkrryz aid objectives for Divivran; omducts a
e&xtinuing review of activities for purposes of detecting problem areas and in — ac ngrelated to
personnel, equipment and material, including related justifications; administers the Departmental
budget. including the approval and control of expenditures: develops long-range plans and
objectives for the Department; conducts a continuing review of activities to detect problem areas
and increase efficiency.
Evaluates Division Departmental staffing arrangements, staffing levels, and and work
assignments and makes necessary recommendations to Depaitment Director; sets performance
standards for Division staff and evaluates performance; submits hiring recommendations for
Division staff to the Department Director.
Reviews and makes recommendations regarding construction plans for facilities regarding
program usage: monitors and manages projects: conducts periodic and special community
meetings seeking public involvement in planning projects and other related activities as required.
Provides information about the Depar truent to local groups, agencies, and organizations; provides
information for press releases; oversees production of educational and promotional materials.
catalogs. or programs; makes presentations and lectures to local groups and agencies to gather
support and encourage community participation.
Coordinates activities of the Division with City staff, contractors, and outside agencies; negotiates
and implements concessionaire, joint use, and license agreements with commercial service
providers, community organizations, and other public agencies.
Represents the City in meetings of the City Council, City Commissions/Committees, and
community groups; prepares and presents oral and written reports; develops agendas and staffs
various Department committees.
Minimum Qualifications:
309
Attachment 2
Exhibit A to the Resolution
Knowledge of:
Principles, practices, methods, and materials for municipal recreation programs, administration,
and activities.
Methods and techniques of evaluating recreational program needs and effectiveness.
Methods and techniques of coordinating facilities maintenance.
Supervisory principles and methods, including goal setting, budgetiropuraon and adrthizterat-ien
include goal setting, budget preparation, administration, and employee supervision.
Thorough knowledge of of the facilities, arrangements, resources, and eguipmen+equipment, and
safety practices necessary to administer broad recreational programs.
Working knowledge of human behavior and psychologyas-applied-te-the-Vafi0i*S-gfeeps7whieh
participatcis applied to the various groups participating in recreational activities.
Customer service techniques.
Federal, state and local laws, regulations, and court decisions as applicable to assigned areas of
responsibility.
Ability To:
Develop, implement, and oversee all recreation programs for the City.
Plan, coordinate, and oversee recreation _programs.
Plan, organize, assign, direct, review and evaluate comprehensive municipal recreation programs
and activities.
Address large and small groups of people.
Select, train, motivate, and evaluate assigned staff; develop, implement, and interpret policies,
procedures, goals, objectives, and work standards.
Analyze problems, evaluate alternatives, and make creative recommendations.
Establish and maintain effective working relationships with those contacted in the course of the
work.
Operate office equipment, including computers and supporting word processing and spreadsheet
applications.
Represent the City effectively in meetings with others; maintain accurate records and prepare
clear and concise reports, meeting agendas, and correspondence.
Physical Standards:
The physical standard described are representative ofs described represent those that must be met
by employeesemplovees must meet to successfully perform the essential functions of this
310
Attachment 2
Exhibit A to the Resolution
elassnerform the essential functions of this class successfully.- Reasonable accommodations may
be made to enable individuals with disabilities to perform the essential functions.
An employee is regularly required to sit for long periods of time; talk or hear, in person, in
meetings, and by telephone; use hands and fingers to handle, feel or operate standard office
equipment; and reach with hands and arms. The employee is frequently required tomust
frequently, bend and twist to reach files, walk, stand, and run while participating in recreational
programs, activities, —or special events. While performing duties, the employee is regularly
required to use written and oral communication skills; analyze community service budgets and
technical reports; read and interpret complex data, staff reports, information, and documents;
analyze and solve problems; interact with City management, other governmental officials,
contractors, vendors, employees, and the public.
The employee's employee's working hours may emphasize either outdoor or indoor work. There
may be some light physical work or activity in the operation of recreational programs, and
handling of event supplies and/or equipment. The employee's employee's work hours may vary in
accordance with the program beineaccordinc to the program offered.
Training and Experience:
Any combination equivalent to education and experience is likely to provide the required
knowledge and abilities.- A typical way to obtain the knowledge and abilities would be:
Education: Equivalent to a Bacho oirz degree from cat accredited four year college or
university with cpccializationBachelor's degree from an accredited four-year
college or university specializing in recreation administration, leisure studies,
business administration, or a related field.
Experience: Four (4) years of responsible recreation experience supervising a variety
efvarious leisure time and recreational programs and ene—two (2) years of
administrative and/or lead supervisory experience.
Licenses; Certificates; Special Requirements:
This classification is designated as a Mandatory Reporter; Completion of Mandatory Reporter
training is required within one month of employment.
Possession of a valid California Class C driver's' license and Certificate of Automobile Insurance
for Personal Liability.
311
Title:
Finanee
Attachment 3
Exhibit B to the Resolution
Date Adopted: 04/04/1986
Date Revised: 11/04/2008; 10/6/2020;
6/20/2023
A dministrativc Sc,.viees Director Finance Director of
FLSA: At-Will/Exempt/Designated Management
General Purpose:
To direct, plan, organize, and administer the activities and operations of the
FinanceAdrninistrative Services Department, which is comprised of the Finance / Accounting
Division including management of the City's Treasury function; cirA Rid; Management Division;
to coordinate department activities with other City departments and outside agencies; and to
provide highly responsible and complex administrative assistance to the City Manager.
Distinguishing Characteristics:
This is an Executive Management/Department Head class with full responsibility for the
management of multiple function service delivery areas within the City. Reports to and receives
direction from the City Manager or designee. Employees at this level receive administrative
direction from the City Manager or designee in terms of goals. Department Head positions are
reviewed in terms of results.
Supervision Received/Exercised:
Receives general direction from the City Manager's Office. Exercises administration,
management, and supervision of the Department, including through secondary supervisors
assigned to the Department.
Essential Duties and Responsibilities:
Develop, plan and implement department goals and objectives; develop and administer policies
and procedures.
Plan and direct the activities of an the FinanceAdministrativc Service Department; supervise and
coordinate department activities with those of other departments and outside agencies and
organizations.
Provide administrative assistance to the City Manager; prepare and present reports to the City
Council and various committees and commissions regarding the City's fiscal, treasury and budget
practices, policies, and procedures.
312
Attachment 3
Exhibit B to the Resolution
Direct and niv.rxyge the City'c Riek Management Division including contracts administration,
C2aimo Against the City, ge mal lkl.b lit ty In rance progrxix, Vicious Dog I -parings,
and participation in PLAN JPA the City'o rick pool authority.. .
Direct, oversee and participate in the development of the Depaitinent's work plan; assign work
activities, projects and programs; monitor workflow; review and evaluate work products, methods
and procedures.
Serve as City Treasurer pursuant to local ordinances, budget officer and financial advisor
overseeing financial forecasting, investment management, and related financial activities.
This position shall be designated as the Finance Director to perform statutory duties as may be
stated in the California Government Code and / or the City of Dublin Municipal Code Chapter
2.10.
Under direction of the City Manager, prepare and coordinate the citywide operating and capital
improvement budgets.
Direct and oversee the analysis and reports regarding the City's current and future financial
needs.
Develop and administer the Department's budget; forecast additional funds needed for staffing,
equipment, materials and supplies; monitor and approve expenditures; implement mid -year
adjustments.
Select, train, supervise, evaluate, and discipline personnel; provide or coordinate staff training.
Represent the Department to outside groups and organizations; participate in outside community
and professional groups and committees providing technical assistance as necessary.
Respond to and resolve difficult and sensitive citizen inquiries and complaints.
Review and interpret applicable government regulations and requirements.
Research and prepare administrative reports and studies; prepare written correspondence as
necessary.
Direct the negotiation and execution of a variety of contracts and agreements; participate in
negotiations with developers for the development and construction of City facilities and other
private/public projects.
Receive and review reports from staff members and take appropriate action.
Attend professional workshops, seminars and conferences.
Perform related duties as assigned.
The omission of specific statements of duties does not exclude them from the position if the work
is similar, related or a logical assignment to this class.
313
Attachment 3
Exhibit B to the Resolution
Minimum Qualifications:
Knowledge of:
Principles and practices associated with municipal administration, including fiscal, information
systems and office management.
Principles and practices of municipal finance, budget preparation and administration.
Principles practices and techniques of public administration, with an emphasis in municipal
finance.
Federal, state and local laws, regulations and court decisions applicable to assigned areas of
responsibility.
Organizational and management practices as applied to the analysis and evaluation of programs,
policies and operational needs.
Principles and practices of organization, administration, supervision and personnel management.
Principles and practices of statistical research methods and forecasting fees and charges.
Principles of supervision, training and performance evaluation.
Principles of community and public relations.
Customer service techniques and public speaking.
Ability To:
Plan, direct and control the administration and operations of a department.
Develop and implement depaititient policies and procedures.
Gain cooperation through discussion and persuasion.
Successfully develop, control and administer department budget and expenditures.
Analyze problems; identify alternative solutions, project consequences of proposed actions and
implement recommendations in support of goals.
Identify and respond to public, City Council and commission/committee issues and concerns.
Interpret and apply City, Federal, State and local policies, procedures, rules and regulations.
Communicate clearly and concisely, orally and in writing.
Supervise, train and evaluate assigned personnel.
Establish and maintain effective working relationships with those contacted in the course of work.
314
Attachment 3
Exhibit B to the Resolution
Physical Standards:
The physical standards described are representative of those that must be met by employees to
successfully perform the essential functions of this class. Reasonable accommodations may be
made to enable individuals with disabilities to perform the essential functions.
An employee is regularly required to sit at desk and in meetings for long periods of time; talk or
hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate
standard office equipment; and reach with hands and arms. Intermittently, twist to reach
equipment surrounding desk; walk to observe department activities; bend and squat to perform
file searches; perform simple grasping and fine manipulation; use telephone and write or use a
keyboard to communicate through written means; operate an automobile to attend various
meetings and workshops. While performing duties, the employee is regularly required to use
written and oral communication skills; analyze community service, budget and technical reports;
interpret and evaluate staff reports; know laws, regulations and codes; observe performance and
evaluate staff; problem solve community service issues; remember personnel rules, legal and
code requirements; and explain and interpret codes, policies and procedures; interact with City
management, other governmental officials, contractors, vendors, employees and the public.
Training and Experience:
Any combination equivalent to education and experience is likely to provide the required
knowledge and abilities. A typical way to obtain the knowledge and abilities would be:
Education: Graduation for an accredited college or university with a bachelor's degree in finance,
public or business administration or a related field. A Master's degree is preferred.
Experience: Six (6) years of professional and responsible experience in municipal finance
management or municipal administration, including at least three (3) years in a supervisory
capacity.
Licenses; Certificates; Special Requirements:
Possession of a valid California Class C drivers' license, and Certificate of Automobile Insurance
for Personal Liability.
315
Attachment 4
Exhibit C to the Resolution
Date Adopted: June 4, 2013
Date Revised: June 20, 2023
Title: Assistant Finance dministrativc Scrviccs Director get
FLSA: Exempt/Management/At-Will
General Purpose:
Under administrative direction of the Adn io a.tive Services Director/Director of Finance, assists in
directing, planning, organizing and administering the activities of all program areas within the
Administrative Services Finance Department; coordinates Division activities; provides highly responsible
and complex administrative assistance and support to the Director. This position functions as a member of
the Finance ^ istrative Services management team in Departmental policy development,
administrative planning and addressing of Departmental problems, budget development, and personnel
recruitment. Serves as Acting Administrative E� rio i/Director of Finance in the absence of the Director;
and does related work as required.
Distinguishing Characteristics:
The Assistant Finance Director of Adminic mtive Services/Budget is a management position responsible
for formulating policy, developing goals and objectives, supervising staff, and developing and
administering City-wide budgets. Incumbents in this classification have a broad range of independence
within policy and procedural limitations and work under minimal supervision. The incumbent is
accountable to the Department Director for the effective management of personnel and the quality and
efficiency of services directed. While the general parameters of the job are defined, the employee is
expected to select and put into effect work procedures and practices which will lead to the effective and
efficient accomplishment of Department goals. Recommendations on the improvement of Division
activities are expected. The Assistant Finance Director of Administrative Services/Budget provides direct
supervision and management to professional, technical, contract and clerical staff in the Finance
Administrative Services. Depaitruent.
This classification is distinguished from the Adminio rutive Services Director/Director of Finance who
serves as the Department Head of the entire Department.
Supervision Exercised:
Direct supervision and supervision through secondary supervisors is provided to personnel assigned to the
assigned Division.
Essential Duties and Responsibilities:
The following duties are normal for this classification. The omission of specific statements of duties does
not exclude them from the position if the work is similar, related or a logical assignment to this class.
1
316
Attachment 4
Exhibit C to the Resolution
Working closely with the City Manager, Assistant City Manager and Administrative Services Finance
Director, directs the preparation of city-wide operating budgets; provides procedures, requirements,
instructions, and schedules for budget input and preparation; directs and implements modifications to
budget, payroll, position control, and financial systems; participates on city-wide task forces and is
primary lead of the Budget Review Team.
Prepares and coordinates a five-year fiscal forecast and financial plan for operating departments, general
fund, special revenue funds, internal service funds, capital project funds, and other agency funds.
Prepares city-wide summary of fund balance by fund and five-year citywide summary of expenditures
and revenue by fund.
Prepares customized financial management reports; recommends corrective actions for resolution of
budget performance issues.
Develops and balances a position control system that provides salary and benefit cost analysis information
for all personnel; incorporates position control into budget documents and projects impacts on the five-
year financial plan.
Recommends change to departmental policies and procedures, systems, and standards; participates in
organization, staffing, and related management activities.
Oversees program staff during budget preparation; establishes work priorities and schedules; negotiates,
schedules, and monitors contracted services.
Consult with Department Directors regarding budget issues and provides training in budget development
procedures.
Reviews and approves expenditures within budget guidelines.
Monitors financial data collection systems.
Promotes the City's Mission to make Dublin a City of the highest quality by providing responsive, cost-
effective, and innovative government services; understands and subscribes to the Mission, Vision and
Values Statement adopted by the City Council.
Establish procedures for budget control, transfers and revisions; prepare budget preparation procedures,
schedules, forms and instructions for management use in budget processes.
Oversees the preparation and coordination of grant applications; obtain and calculate information and data
necessary to accurately and effectively apply.
Administer financial aspects of contracts and grant programs; prepare reports and claims for grant
programs; maintain records and monitor regulations, requirements, and reporting procedures necessary
for the continuation of monetary disbursements; initiate necessary correspondence and change orders.
Coordinate department operating budgets; provide information, analysis and financial policy consultation
services for departments related to budget preparation activities and other fiscal issues.
Conduct audits of financial records and procedures; audit accounts, projects, procedures, grants, contracts,
departmental budgets and balance sheet accounts; recommend corrective action as appropriate.
2
317
Attachment 4
Exhibit C to the Resolution
Maintains and controls the adopted budget; review depai liiiental and other assigned budgets; recommend
mid -year adjustments and approaches to balancing budgets.
Coordinate assigned activities with other City departments, divisions and sections, and with other
employees.
Participate in budget hearings; advertise hearings; prepare materials, charts and graphics for budget
hearings and workshops.
Participate in the establishment of computer budget file; consult with information systems personnel to
accomplish needed changes in systems and programs.
Prepare financial and budget related reports and analyses; perform special studies and analysis as
required.
Performs related duties as assigned.
MINIMUM QUALIFICATIONS:
Knowledge Of:
Principles and practices of finance, investment and cash management, budget, and public accounting
including business administration, program development, implementation, and management in a
municipal setting;
Public agency budgetary, contract administration, administrative practices, and general principles of risk
management related to the functions of the assigned area;
Organizational and management practices as applied to the analysis and evaluation of projects, programs,
policies, procedures, and operational needs; principles and practices of municipal government
administration;
Applicable Federal, State, and local laws, codes, and regulations;
Principles and practices of employee supervision, including work planning, assignment, review and
evaluation, and the training of staff in work procedures;
Methods and techniques for the development of presentations, contract negotiations, business
correspondence, and information distribution; research, record keeping and reporting methods,
techniques, and procedures;
Modern office practices, methods, and computer equipment;
Computerized financial systems;
Customer service techniques.
Ability To:
3
318
Attachment 4
Exhibit C to the Resolution
Assist in preparing and administering large and complex budgets; allocate limited resources in a cost
effective manner;
Communicate effectively with City staff, the public, and contractors, including preparing/presenting
financial reports;
Analyze complex and sensitive funding and performance issues and negotiate resolutions;
Select, train, motivate, and evaluate the work of staff and train staff in work procedures;
Research, analyze, and evaluate new service delivery methods, procedures, and techniques;
Effectively administer special projects with contractual agreements and ensure compliance with
stipulations;
Prepare clear and concise reports, correspondence, policies, procedures, and other written materials;
Conduct complex research projects, evaluate alternatives, make sound recommendations, and prepare
effective technical staff reports;
Establish and maintain a variety of filing, record keeping, and tracking systems;
Organize and prioritize a variety of projects and multiple tasks in an effective and timely manner;
organize own work, set priorities, and meet critical time deadlines;
Operate modern office equipment including computer equipment and specialized software applications
programs;
Comprehend and use English effectively including producing all forms of communication in a clear,
concise, and understandable manner to intended audiences;
Use tact, initiative, prudence, and independent judgment within general policy, procedural, and legal
guidelines;
Establish, maintain, and foster positive and harmonious working relationships with those contacted in the
course of work.
Physical Standards:
The physical standards described are representative of those that must be met by employees to
successfully perform the essential functions of this class. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and
by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with
hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand.
While performing duties, the employee is regularly required to use written and oral communication skills;
read and interpret complex data, information and documents; analyze and solve problems; interact with
City management, other governmental officials, contractors, vendors, employees and the public.
Training and Experience:
4
319
Attachment 4
Exhibit C to the Resolution
Education: Possession of a Bachelor's Degree in Public or Business Administration, Accounting, or a
related field. Master's Degree in Public or Business Administration, Accounting or a
related field is desirable.
Experience: Five (5) years of increasingly responsible experience in municipal budgeting, finance or
accounting, including two (2) years of supervisory responsibility.
Licenses; Certificates; Special Requirements:
Possession of a valid California Class C drivers' license and Certificate of Automobile Insurance for
Personal Liability.
Must have the willingness and ability to: work the hours necessary to accomplish the assigned duties,
including evening and week -end hours; attend evening meetings; travel out of town and attend
workshops, conferences, seminars during work and non -work hours.
5
320
Title:
FLSA:
General Purpose:
Attachment 5
Exhibit D to the Resolution
Date Adopted: June 20, 2023
Date Revised:
Deputy City Manager
At -Will; Exempt; Designated Management
Under administrative direction, plans, organizes, coordinates and directs one or several major functional
areas at a department head level; provides policy guidance and coordinates the activities of assigned
divisions and services; fosters cooperative working relationships with civic groups, inter -governmental
agencies and City staff; performs related work as assigned.
Distinguishing Characteristics:
In addition to assisting the City Manager in varied administrative areas, this single position class has
department head level responsibility for overall policy development, program planning, fiscal
management, administration and operation of an assigned department and/or assigned functional areas.
The emphasis is upon the overall administrative skill of the incumbent. The incumbent is responsible for
accomplishing departmental goals and objectives and for furthering City goals and objectives within
general policy guidelines. This class is distinguished from City Manager in that the latter has full
administrative responsibility for City operations and functions.
Supervision Received and Exercised:
Receives immediate supervision from the City Manager. Exercises direct or indirect supervision over,
managerial, professional, technical and clerical personnel, as appropriate.
Essential Duties and Responsibilities:
The following duties are normal for this classification. The omission of specific statements of duties does
not exclude them from the position if the work is similar, related or a logical assignment to this class.
Plans, organizes, coordinates, and directs through subordinate managers the work of an assigned
depth linent(s).
Develops and directs the implementation of goals, objectives, policies, procedures and work standards for
assigned department(s).
1
321
Attachment 5
Exhibit D to the Resolution
Works closely with the City Manager, City Council, other City departments, a variety of public and private
organizations, and citizen groups in developing programs and implementing projects to solve problems
related to area of assignment.
Advises the City Manager and City Council on related issues and programs.
As assigned, either personally or through others, undertakes a variety of special studies and projects.
Prepares and recommends long range plans for City services and programs.
Develops specific proposals for action on current and future City needs.
Makes final interpretations of City regulations and various ordinances, codes and applicable laws to ensure
compliance.
Directs the preparation and administration of the annual budget for the department.
Represents the City and works closely with citizen boards and commissions and public and private officials
to provide technical assistance, directly or through subordinate staff.
Coordinates the preparation of a wide variety of reports or presentations for City management or outside
agencies; directs the selection, supervision and the work evaluation of departmental personnel.
Directs the development of management systems, procedures and standards for program evaluation.
Monitors developments related to delegated service area; evaluates their impact on City operations.
Implements policy and procedure improvements.
Performs related duties as assigned.
Minimum Qualifications:
Knowledge of:
Principles, practices and program areas related to the organizational and service areas managed.
Applicable legal guidelines and standards affecting the administration of delegated program areas.
Principles and practices of budget development and administration.
Principles and practices of leadership, motivation, team building and conflict resolution.
Funding sources impacting program and service development.
Social, political and environmental issues influencing program administration Principles and practices of
contract administration and evaluation.
2
322
Attachment 5
Exhibit D to the Resolution
Ability to:
Plan, organize, administer and coordinate a variety of large and complex City services and programs.
Provide management direction in assigned area of responsibility.
Analyze and solve complex problems involving multi -agency cooperation.
Resolve conflict, develop consensus.
Interpret and apply complex rules, regulations, laws and ordinances.
Select, motivate and evaluate staff and provide for their training and professional development.
Develop and implement goals, objectives, policies, procedures, work standards and internal controls.
Prepare clear and concise reports, correspondence and other written materials.
Establish and maintain cooperative working relationships with a variety of citizens, public and private
organizations, boards and commissions, and City staff.
Exercise sound, independent judgment within general policy guidelines.
Work well under pressure of deadlines.
Provide exceptional customer service; and exemplify an enthusiastic, resourceful, and effective service
attitude with the public and co-workers.
Physical Standards:
The physical standards described are representative of those that must be met by employees to
successfully perform the essential functions of this class. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and
by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with
hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand,
and occasionally lift up to 20 pounds. While performing duties, the employee is regularly required to use
written and oral communication skills; read and interpret complex data, information and documents;
analyze and solve problems; interact with City management, other governmental officials, contractors,
vendors, employees and the public.
Training and Experience:
Any combination equivalent to education and experience is likely to provide the required knowledge and
abilities. A typical way to obtain the knowledge and abilities would be:
3
323
Attachment 5
Exhibit D to the Resolution
Education: A Bachelor's degree from an accredited college or university with major course work in
business or public administration, economics, urban planning or a field specifically related
to the work. A Master's degree is desirable. A Master's degree in public or business
administration is desirable.
Experience: Five (5) years of increasingly responsible experience in administrative management,
preferably in municipal government.
Licenses; Certificates; Special Requirements:
Possession of a valid California Class C Driver's License and Certificate of Automobile Insurance for
Personal Liability.
4
324
Attachment 6
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A SALARY PLAN FOR FULL-TIME PERSONNEL IN ACCORDANCE WITH
THE PERSONNEL RULES
WHEREAS, the City Council has adopted a Salary & Benefit Plan pursuant to the
Personnel System Rules; and
WHEREAS, the City Council adopted Resolution No. 72-22 and subsequent
amendments which establish a Salary Plan for full-time personnel in accordance with the
Personnel System Rules.
NOW, THEREFORE, BE IT RESOLVED that the following salary provisions shall be
established in accordance with the City's Personnel System Rules.
BE IT FURTHER RESOLVED that any previous enacted salary provisions contained in
Resolution No. 72-22 and the subsequent amendments shall be superseded by this Resolution.
ARTICLE I: SALARY PROVISIONS
SECTION A: REGULAR EMPLOYEES EXEMPT FROM FAIR LABOR STANDARDS ACT
(FLSA) OVERTIME PROVISIONS
Employees covered under this Section shall be paid a monthly salary within the following ranges
with the exclusion of any Performance Pay Adjustment granted in accordance with the
Personnel System Rules. In the event that it is deemed by the City Manager to be in the best
interest of the City, temporary appointment of no more than 6 months, where the work
assignments are such that they can be completed with less than a 40-hour week, may be
approved based upon hourly rates. The total salary paid for such work shall not be less than the
"salary test" required for exception under the FLSA.
Accountant
Assistant Civil Engineer
Associate Civil Engineer
Associate Planner
Budget Analyst
Deputy City Clerk
Environmental Coordinator
Executive Aide
Financial Analyst
Geographic Information Systems (GIS)
Coordinator
Housing Specialist
Maintenance Coordinator
Management Analyst II
Monthly Monthly
Minimum Maximum
$ 9,355
$ 9,518
$ 11,070
$ 9,355
$ 10,300
$ 8,071
$ 8,955
$ 8,071
$ 10,300
$ 8,955
$ 10,300
$ 8,955
$ 8,955
$ 11,696
$ 11,897
$ 13,838
$ 11,696
$ 12,875
$ 10,088
$ 11,196
$ 10,088
$ 12,875
$ 11,196
$ 12,875
$ 11,197
$ 11,196
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 325
Network Systems Coordinator
Parks & Facilities Development Coordinator
Plans Examiner II
Recreation Supervisor
Senior Accountant
Senior Civil Engineer
Senior Management Analyst
Senior Planner
$ 8,955
$ 9,355
$ 8,955
$ 9,134
$ 10,300
$ 12,403
$ 10,300
$ 10,661
$ 11,196
$ 11,696
$ 11,196
$ 11,416
$ 12,875
$ 15,503
$ 12,875
$ 13,327
SECTION B: REGULAR EMPLOYEES COVERED BY OVERTIME PROVISIONS OF THE
FLSA.
Employees covered under this Section shall be paid hourly wages within the following ranges
with the exclusion of any Performance pay Adjustments granted in accordance with the
Personnel System Rules. The monthly salaries are show for informational purposes only.
Administrative Aide
Administrative Technician
Assistant Planner
Audio -Video Specialist
Code Enforcement Officer
Environmental Technician
Finance Technician I
Finance Technician II
Graphic Design & Comm Coordinator
Information Systems Specialist
Information Systems Technician I
Information Systems Technician II
Management Analyst I
Office Assistant I
Office Assistant II
Permit Technician
Plans Examiner I
Public Works Inspector
Public Works Technician I
Public Works Technician II
Recreation Coordinator
Recreation Technician
Senior Code Enforcement Officer
Senior Finance Technician
Senior Office Assistant
Senior Public Works Inspector
Hourly
Minimum
$ 44.3326
$ 40.3083
$ 47.7986
$ 46.8559
$ 43.0129
$ 44.7676
$ 33.8765
$ 37.6544
$ 44.7676
$ 46.8559
$ 38.6695
$ 42.9694
$ 46.5077
$ 28.6703
$ 31.8608
$ 40.3083
$ 46.8559
$ 49.2125
$ 42.5923
$ 46.8559
$ 44.7676
$ 40.3083
$ 47.7986
$ 42.9694
$ 35.0441
$ 54.1338
Hourly Monthly
Maximum Minimum
$ 55.4265 $ 7,684
$ 50.3799 $ 6,987
$ 59.7337 $ 8,285
$ 58.5590 $ 8,122
$ 53.7661 $ 7,456
$ 55.9849 $ 7,760
$ 42.3458 $ 5,872
$ 47.0516 $ 6,527
$ 55.9849 $ 7,760
$ 58.5590 $ 8,122
$ 48.3424 $ 6,703
$ 53.7154 $ 7,448
$ 58.1240 $ 8,061
$ 35.8415 $ 4,970
$ 39.8225 $ 5,523
$ 50.3799 $ 6,987
$ 58.5591 $ 8,122
$ 61.5102 $ 8,530
$ 53.2368 $ 7,383
$ 58.5590 $ 8,122
$ 55.9849 $ 7,760
$ 50.3799 $ 6,987
$ 59.7337 $ 8,285
$ 53.7154 $ 7,448
$ 43.8033 $ 6,074
$ 67.6612 $ 9,383
Monthly
Maximum
$ 9,607
$ 8,733
$ 10,354
$ 10,150
$ 9,319
$ 9,704
$ 7,340
$ 8,156
$ 9,704
$ 10,150
$ 8,379
$ 9,311
$ 10,075
$ 6,213
$ 6,903
$ 8,733
$ 10,150
$ 10,662
$ 9,228
$ 10,150
$ 9,704
$ 8,733
$ 10,354
$ 9,311
$ 7,593
$ 11,728
Reso. No. XX-23, Item X.X, Adopted XX/XX/23
Page 2 of 3
326
BE IT FURTHER RESOLVED that the changes contained herein shall be effective July
1, 2023.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 327
Attachment 7
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ESTABLISHING A SALARY PLAN FOR MANAGEMENT POSITIONS EXEMPT FROM
COMPETITIVE SERVICE
WHEREAS, the City Council has adopted a Salary & Benefit Plan pursuant to the
Personnel System Rules; and
WHEREAS, the City Council adopted Resolution No. 73-22 and subsequent
amendments which establish a Salary Plan for full-time management positions exempt from
competitive service in accordance with the Personnel System Rules.
NOW, THEREFORE, BE IT RESOLVED that the following salary provisions shall be
established in accordance with the City's Personnel System Rules.
BE IT FURTHER RESOLVED that any previous enacted salary provisions contained in
Resolution No. 73-22 and the subsequent amendments shall be superseded by this Resolution.
ARTICLE I: SALARY PROVISIONS
SECTION A: REGULAR EMPLOYEES EXEMPT FROM FAIR LABOR STANDARDS ACT
(FLSA) OVERTIME PROVISIONS
Assistant City Manager $
Assistant Community Development Director $
Assistant Finance Director $
Assistant Parks & Community Services Director $
Assistant Public Works Director/City Engineer $
Assistant to the City Manager $
Capital Improvement Program Manager $
Chief Building Official $
Chief Information Security Officer $
City Clerk $
City Manager
Communications Manager $
Community Development Director $
Deputy City Manager $
Economic Development Director $
Environmental & Sustainability Manager $
Finance Director $
Human Resources Director $
Human Resources Manager $
Information Systems Manager $
Parks & Community Services Director $
Monthly Monthly
Minimum Maximum
18,125 $ 22,653
13,223 $ 16,529
13,223 $ 16,529
13,223 $ 16,529
14,080 $ 17,601
12,072 $ 15,090
13,079 $ 16,348
13,079 $ 16,348
13,223 $ 16,529
11,845 $ 14,805
$ 28,586
12,072 $ 15,090
16,334 $ 20,419
16,211 $ 20,264
15,180 $ 18,976
12,072 $ 15,090
16,844 $ 21,056
15,180 $ 18,976
12,072 $ 15,090
12,072 $ 15,090
16,585 $ 20,729
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1
328
Parks & Community Services Manager $ 12,072 $ 15,090
Plan Check Engineer $ 12,072 $ 15,090
Planning Manager $ 12,808 $ 16,011
Principal Planner $ 12,072 $ 15,090
Public Works Director/Assistant City Engineer $ 16,211 $ 20,264
Public Works Manager $ 12,072 $ 15,090
Public Works Transportation and Ops Manager $ 13,079 $ 16,348
Special Projects Manager $ 12,072 $ 15,090
BE IT FURTHER RESOLVED that the changes contained herein shall be effective July
1, 2023.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 329
Attachment 8
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING THE BENEFIT PLAN
WHEREAS, the City Council has adopted a Personnel Ordinance in which Section
2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from
Competitive Service; and
WHEREAS, in accordance with the City's Personnel Ordinance, the City Council adopted
Resolution No. 61-20 and subsequent Resolutions which establishes Management Positions
and defines benefits for those positions; and
WHEREAS, it is necessary to periodically update the Benefit Plan to reflect new benefit
updates.
NOW, THEREFORE, BE IT RESOLVED that the position of Deputy City Manager shall
be added to the list of Management Positions eligible for a monthly car allowance as provided in
Section 18 of Resolution 61-20:
Section 18. Car Allowance and Mileage Reimbursement: The following positions shall
be eligible to receive the designated monthly allowance. The receipt of the car allowance
pursuant to this section shall be full compensation for all operating costs excluding tolls,
parking fees and out of area travel.
a. Management Positions Receiving Monthly Allowance
Eligible Positions Monthly Allowance
Deputy City Manager $190
BE IT FURTHER RESOLVED that the changes contained herein shall be effective June
20, 2023.
{Signatures on following page}
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 330
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 331
Attachment 9
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESOLUTION AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE
SERVICE RESOLUTION AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED
POSITIONS
WHEREAS, the City Council has adopted a Personnel Ordinance in which Section
2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from
Competitive Service; and
WHEREAS, in accordance with the City's Personnel Ordinance, the City Council adopted
Resolution No. 110-15 which establishes Management Positions and defines benefits for those
positions; and
WHEREAS, it is necessary to periodically update the resolution to reflect new
classifications.
NOW, THEREFORE, BE IT RESOLVED that the following positions shall be added to
the list of Management Positions under the City's Personnel Ordinance and shall be granted
benefits in accordance with City Resolution 110-15:
Deputy City Manager
BE IT FURTHER RESOLVED that the changes contained herein shall be effective June
20, 2023.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1 332
Agenda Item 4.10
STAFF REPORT
CITY COUNCIL
DUBLIN
CALIFORNIA
DATE: June 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Introduction of an Ordinance Amending Chapter 9.28 (Dedication of Lands
for Park and Recreation Purposes) of the Dublin Municipal Code
Prepared by: Colleen Tribby, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will consider introducing an Ordinance amending the Dublin Municipal Code to
reflect new parkland dedication categories and updated census numbers concerning the number
of persons per dwelling unit.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Chapter 9.28 (Dedication of Lands
for Park and Recreation Purposes) of the Dublin Municipal Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At the May 2 meeting, the City Council received an overview of the City's Public Facilities Fee (PFF)
update currently underway. The PFF funds the construction of certain public facilities needed to mitigate
the impacts caused by future development. The update to the PFF will adjust impact fee rates using the
most recent census data, land values, and construction costs. The May 2 Staff Report is provided as
Attachment 2.
Page 1 of 3
333
During the meeting, Staff discussed issues surrounding incorporating the new data into the PFF and
meeting park acreage requirements as currently reflected Dublin Municipal Code (DMC) Chapter
9.28.040. In summary, because of the new population data from the US Census and the Housing
Element, the City will have a deficit of parkland of close to 50 acres (a significant increase from the
2017 report's deficit of 21 acres), the majority of which is in the active community parkland
category. Because there is virtually no land left for active community parks in Dublin, the City will
be unable to meet this objective.
To remedy this, Staff proposed shifting the acreage requirement from Community Parkland to
Nature Community Parkland, so that the remaining deficit can be solved with the addition of
nature parks. This would require an amendment to the DMC to reflect a decrease in Community
Parkland acreage by 0.6 acre, and a corresponding increase in Nature Community Parkland, as
shown in the table below and as reflected in the proposed Ordinance (Attachment 1). The City Council
agreed with Staff s approach.
Table 1. Park Acreage Breakdown, Existing vs. Proposed
Required Acres per 1,000 People:
Parkland Category Existing Proposed
Neighborhood Parkland 1.7 1.7
Community Parkland 3.0 2.4
Nature Community Parkland 0.3 0.9
In addition, Staff has further amended DMC Chapter 9.28.040 to incorporate data from the 2020 Census
related to the number of people assigned to dwelling units in the City and has consolidated them into an
average number for all types of units, versus distinguishing single-family and multi -family categories.
All dwelling units are now assigned 2.70 people (formerly 3.08 for single-family and 1.88 for multi-
family).
The update to the PFF will be brought to the City Council at a future meeting date, along with the
second reading of the Ordinance amending the DMC.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
Page 2 of 3
334
ATTACHMENTS:
1) Ordinance Amending Chapter 9.28 (Dedication of Lands for Park and Recreation Purposes) of
the Dublin Municipal Code
2) Staff Report of May 2, 2023
Page 3 of 3
335
Attachment I
ORDINANCE NO. XX — 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 9.28 (DEDICATION OF LANDS FOR PARK AND RECREATION
PURPOSES) OF THE DUBLIN MUNICIPAL CODE
WHEREAS, in order to implement the goals and objectives of the City of Dublin's ("City")
general plan, the City's various Specific Plans, including but not limited to the Eastern Dublin
Specific Plan, Downtown Dublin Specific Plan, Dublin Crossing Specific Plan, etc., and the
Parks and Recreation Master Plan, and to mitigate the impacts caused by future
development in the City, certain public facilities must be constructed; and
WHEREAS, the City Council has determined that a public facilities fee is needed to
finance these public facilities and to pay for each development's fair share of the construction
and acquisition costs of these improvements; and
WHEREAS, Dublin Municipal Code (DMC) Section 9.28 requires that each subdivider of
the land classified by the Zoning Ordinance for residential use shall dedicate or reserve lands,
pay fees in lieu thereof, or a combination of both, for neighborhood and community park or
recreational purposes; and
WHEREAS, following review of the DMC, it was determined that the amendments
contained in this Ordinance were appropriate.
NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 9.28.040 is amended to read as follows (additions shown in italics and
deletions shown in strikethrough):
It is found and determined that the public interest, convenience, health, safety and welfare
require that five (5) acres of property for each one thousand (1,000) persons residing within the
city be devoted to local park and recreational purposes. The amount of land to be dedicated, or
fees to be paid, shall bear a reasonable relationship to the use of the park and recreation
facilities by the future inhabitants of the subdivision. The amount of land to be dedicated shall be
the amount calculated from the following formula:
LAND =AxB
A. "A" means the park and recreation area required per dwelling unit, based on the type of
dwelling units of the proposed subdivision and the park area per one thousand (1,000) people of
the city.
1. The park area of the city is determined to be five (5) acres per one thousand (1,000)
people, or five -one -thousandths (0.005) acre per person, which is further broken down to hree
{3) two and four tenths (2.4) acres per one thousand (1,000) people for active community parks,
three tenths (0.3) nine tenths (0.9) acre per one thousand (1,000) people for natural
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 336
Attachment I
community parks, and one and seven -tenths (1.7) acres per one thousand (1,000) people for
neighborhood parks.
2. The park and recreation area required per dwelling unit, "A," is established as follows: Each
residential dwelling unit is assigned two and seven tenths (2.7) people.
Each single family dwelling unit io aooigned three and eight one hundredths (3.08) people.
b. Each othor multifamily dwelling unit io aooigned one and eighty eight one hundredths (1.88)
people.
o. Each senior housing dwelling unit io✓.gned one and twelve one hundredths (1.12)
people.
B. "B" means the number of dwelling units in the proposed subdivision. For the purpose of this
section, the number of dwelling units in the proposed subdivision shall be determined as follows:
For single-family and townhome subdivisions, the number of dwelling units shall equal the
number of lots or parcels created for residential use as indicated on the final map or parcel map.
When the subdivision is for other multifamily or senior housing, the number of dwelling units
shall equal the maximum number of residential units allowed within the proposed subdivision.
For residential condominium projects, the number of dwelling units shall equal the number of
condominium units indicated on the final map or parcel map. For planned development projects,
the number of dwelling units shall equal the number of dwelling units indicated on the approved
planned development plan.
Section 2. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other
person or circumstance. The City Council of the City of Dublin hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 3. Effective Date. This Ordinance shall take effect and be enforced 60 days
after its final adoption.
Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to
be posted in at least three public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
{Signatures on the following page}
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 337
Attachment I
PASSED, APPROVED AND ADOPTED this th day of 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 338
Attachment 2
11,
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Report on the Public Facilities Fee Program
Prepared by: Colleen Tribby, Assistant City Manager
EXECUTIVE SUMMARY:
Agenda Item 8.3
The City Council will receive an overview on the City's Public Facilities Fee Program and on the
Program update currently underway. Staff is seeking direction on a recommended change to the
Program to satisfy the parkland requirement as the City nears build out.
STAFF RECOMMENDATION:
Receive the report and provide direction Staff's recommended change to the Program to satisfy
the parkland requirements.
FINANCIAL IMPACT:
None.
DESCRIPTION:
This Staff Report serves two purposes. First, it provides a general overview of the Public Facilities
Fee Program to answer questions about the impact fee, such as what the program is designed to
accomplish, how fees are collected, what expenses are eligible, the current fund balance, and
project priorities. Second, it presents a potential change for the City Council to consider in order to
satisfy parkland requirements.
Overview
What are development impact fees?
Development impact fees are fees charged to developers for the purpose of paying all or a portion
of the cost of public facilities needed to serve future residents of the development project. These
fees are subject to strict requirements: if they do not relate to the impact created by the
development or exceed the reasonable cost of providing the public facility, the fees may be
declared a special tax and would then be subject to a two-thirds voter approval. In addition, the
Page 1 of 6
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revenues generated from development impact fees may only be used for the purpose for which
they were collected.
The City can collect impact fees to fund many types of public facilities. State law defines public
facilities (Government Code section 66000(d)) broadly. For example, public facilities can include
public improvements such as fire stations, libraries, sewer plants, traffic improvements, and city
administrative buildings, but does not include schools.
The City of Dublin collects various impact fees including:
• Public Facilities Fee
• Fire Impact Fee
• Eastern Dublin Transportation Impact Fee
• Western Dublin Transportation Impact Fee
• Dublin Crossing Transportation Fee
• Tri-Valley Transportation Development Fee
• Noise Mitigation Fee
• Freeway Interchange Fee
• Affordable Housing In -Lieu Fee
• Dublin Ranch West Side Storm Drain Benefit District
• Dublin Ranch East Side Storm Drain Benefit District
This report focuses solely on the City's Public Facilities Fee (PFF) Program, which collects fees
from new development to build parks, recreational, and administrative facilities within the City of
Dublin.
What exactly does the PFF fund?
In 1996, the City of Dublin adopted PFF Program as one means of paying for infrastructure needs
resulting from new development. As part of the PFF adoption, the City developed public facilities
plans (Parks and Recreation Master Plan, Civic Center Master Plan, Library Master Plan, etc.) for
public improvements that are necessary through buildout. The objective is to ensure that
adequate public facilities will be available to meet the projected needs of the City as it grows and
to further ensure that the facilities planned are consistent with the adopted General Plan.
Currently, the PFF collects funds to support the development of facilities in the following
categories: Parks, Civic Center, Library, Community Buildings, and Aquatics. Within the Parks
category, the City collects a land acquisition fee and an improvement fee for the following types of
parks:
1. Neighborhood Parkland
2. Neighborhood Park Improvements
3. Community Parkland
4. Community Park Improvements
5. Nature Parkland
6. Nature Community Park Improvements
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340
As previously mentioned, various studies and plans provide standards for the amount or size of
the facilities the City needs to have available to provide adequate services to the population within
the community. For example, the Parks and Recreation Master Plan established a standard that for
every 1,000 residents, the City will provide five acres of parkland to provide sufficient recreational
and cultural opportunities. The Dublin Municipal Code (Chapter 9.28.040) breaks those five acres
per thousand residents into specific needs by category: 1.7 acres for neighborhood parks, three
acres for active community parks, and 0.3 acres for nature community parks. To mitigate the
cumulative impact, a public facilities fee is charged so that the new development, both residential
and commercial, bears its fair share of the increase in service demands on its facilities.
What are PFF eligible expenditures?
As indicated above, different fee categories have been established to mitigate the impact of new
development on the City's public facilities. The City can use the fees to design and construct the
facilities identified in the program. This includes construction costs; soft costs such as staff time
for project management; contract services for design, engineering, testing, etc.; furnishings,
fixtures, and equipment; and miscellaneous costs such as printing, legal noticing, etc.
What happens when the City receives the Public Facility Fees?
Funds received under the PFF program are segregated from the General Fund and used solely, as
required by State law, for the purposes of acquiring and developing new parks and public
facilities. When a developer remits PFF fees to the City, the fees are deposited into the Public
Facilities Fund, for which the balance is reported in the City's Annual Comprehensive Financial
Report (ACFR). While the fees collected are held in this one fund within the City's accounting
system, Staff tracks the receipts and expenditures of fees by fee category (Library, Civic,
Neighborhood Park, Community Park, Community Buildings, etc.). This ensures at build -out the
City can account for how the fees were spent on the intended facilities.
What has the PFF funded?
Since the adoption of the PFF Program in 1996, the City has acquired and/or improved most of its
267 acres of current parkland using the PFF. A list of total parkland inventory is provided in the
table below (parkland already in existence when the PFF was adopted in 1996 are noted with an
asterisk).
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City Parkland Inventory
Neighborhood Parks
Alamo Creek Park *
Bray Commons
Clover Park
Cottonwood Creek Park and School
Devany Square
Dolan Park *
Dougherty Hills Dog Park
Jordan Ranch Park
Kolb Park *
Mape Memorial Park *
Passtempo Park
Piazza Sorrento
Postinao Hills Park
Schaefer Ranch Park
Sean Diamond Park
Stagecoach Park *
Ted Fairfield Park
Butterfly Knoll Park
Subtotal
Acres
5.30
4.80
2.00
10.08
2.00
4.90
1.40
4.90
4.90
2.60
5.10
2.00
4.60
6.30
5.03
0.90
6.90
1.08
74.79
Community Parks Acres
Don Biddle Community Park 30.00
Dublin Heritage Park and Museums * 10.00
Dublin Sports Grounds * 22.90
Emerald Glen Park 49.00
Fallon Sports Park 60.10
Shannon Park * 9.60
Subtotal 181.60
Nature Community Parks
Sunrise Park
Subtotal
Total Acres: 267.09
10.80
10.80
What is the current fund balance in the PFF?
Fiscal Year 2022-23 fund balance in the Program is approximately $101,000 in the negative. At the
end of the current Five -Year Capital Improvement Program, the PFF will have a negative fund
balance of approximately $2.0 Million. Impact fee funds can run in a deficit position due to a lag
between expenditures on projects and collection of development impact fees.
How are PFF project priorities set?
Project priorities are set by the City Council and are adopted as part of the City's Capital
Improvement Program (CIP) on an annual basis at a noticed Public Hearing. The CIP includes
projects that Staff recommends for funding and shows the timeline for when certain portions of a
project will proceed. Importantly, it is a funding program that is designed to be self-sustaining and
separate from the City's other sources of revenue.
What are the City's current spending priorities in the PFF?
The current Five -Year CIP includes the following improvements:
• Cultural Arts Center - The project started demolition in November 2022 with completion of
construction anticipated in mid-2024.
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342
• Library Tenant Improvements - Staff is in the process of surveying residents on the uses of
the expanded space and will engage with a design firm later in 2023.
• Fallon Sports Park Phase 3 - The project is anticipated to be entirely completed in
spring/summer 2023.
• Downtown Dublin Town Square Park - The planning phase will begin in 2023.
• Jordan Ranch Neighborhood Square - Construction is anticipated to begin in 2024.
• Wallis Ranch Community Park - Construction is anticipated to begin summer 2023.
• Iron Horse Nature Park and Open Space - Construction of the first phase is anticipated to
begin in summer 2023.
What are the future, remaining PFF projects not included in the Five -Year GIP?
The following projects funded by the PFF are currently planned for outside the 2022-2027 CIP:
• Jordan Ranch Community Park (GH PAC Vest) - 7.2 acres
• Croak North - 5.0 acres
• Croak South - 6.0 acres
• Dublin Crossing Neighborhood School Site - 5.0 acres
• SCS Linear Park - 2.5 acres
• Emerald Glen Park Phase 2 - Facility estimated at $17.6 million
In addition to those identified projects listed above, according to the 2017 Public Facility Fee
Program, the City would need additional parkland acquisition of 21 acres to meet the City's
overall acreage requirement. This will change with the update to the PFF, which will account for
an increase in population and land and improvement costs.
Will the General Fund need to loan funds to or subsidize the Program in the future?
Yes. The City adopted its first fee program in 2003 and didn't adopt another comprehensive fee
update until 2015. During that period, the City did not generate sufficient revenues to fully fund
facilities to serve new development. With the 2017 update, the City's General Fund will need to
subsidize the Program with approximately $6.7 million. Based on the 2023 update currently
underway, that number will double.
In terms of loaning funds to the Program, the City's General Fund has contributed $15 million to
the Public Safety Complex, of which $13.5 million will be reimbursed by future PFFs. The City
Council received the $15 million as a Community Benefit Payment as part of the negotiated
development agreement with the Dublin Crossing Project. In, as of Fiscal Year 2022-23, the City
has set aside a reserve of $10 million. It is being used to advance funding to projects like Wallis
Ranch Community Park, Jordan Ranch Neighborhood Square, and the Library Tenant
Improvements, and will be paid back by the PFF over time.
In addition to the loans, the City Council allocated $4.8 million as a "gift" from the General Fund to
two PFF projects to pay for enhancements to The Wave ($3.0 million towards the natatorium) and
Fallon Sports Park ($1.8 million toward synthetic turf and field lighting for the soccer fields) that
were not anticipated in the PFF program. These contributions were characterized as "gifts" or
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"grants" because they paid for enhancements to projects in the PFF and, therefore, are not eligible
for repayment from the PFF in the future.
2023 PFF Update Considerations
Parkland Discussion
In keeping with good government practice, the City embarked on an update to the Fee Program
late last year following the release of new census data (population counts) and updates to the
City's Housing Element of the General Plan, as well as to capture the increased costs for
improvement to public facilities and parks.
The City retained the services of Willdan, who has previously conducted our fee analysis for the
update. In summary, because of the new population data from the US Census and the Housing
Element, the City will have a deficit of parkland of close to 50 acres, which is a significant increase
from the 2017 report's deficit of 21 acres. The majority of this is in the active community
parkland category. Because there is virtually no land left for active community parks in Dublin,
the City will be unable to meet this objective.
Staff's recommendation is to shift the acreage requirement from Community Parkland to Nature
Community Parkland, essentially so that the remaining deficit can be solved with the addition of
nature parks. Staff has been engaged in discussions with the property representatives of GH Pac
Vest regarding the conversion of their significant open space designation into nature community
parkland. This area is approximately 35 acres and can be designed to accommodate low impact
use, such as hiking and walking along designated trails. In the recent update the Parks and
Recreation Master Plan, walking and trail use was one of the most popular and requested use of
city facilities. Nature community parks also have the added benefit of being less costly to the City
for maintenance and ongoing use. They do not require any restroom facilities, also limiting cost to
the City.
If the City Council is interested this approach, Staff will work with the consultant on how to
capture remaining improvement needs for the current active community park, update the City's
parks dedication ordinance accordingly, and continue the discussions and the possible General
Plan amendment with GH Pac Vest to accommodate the area's use a park facility.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
Page 6 of 6
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r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 6.1
SU B.ECT : Authorizing the Enforcement of the California Vehicle Code within the Wallis
Ranch Subdivision and Approving an Agreement for Traffic Enforcement
Services
Prepared by:• Colleen Tribby, Assistant City Manager
EXECUTIVE SUMMARY:
The City Council will conduct a public hearing to consider a petition from the Wallis Ranch
Homeowner's Association for the provision of traffic enforcement services on privately owned
roads and approve an agreement for Dublin Police Services to provide traffic enforcement within
the Wallis Ranch subdivision.
STAFF RECOMMENDATION:
Conduct the public hearing and adopt the Resolution Authorizing Enforcement of the California
Vehicle Code to Privately Owned Roads Within the Wallis Ranch Subdivision and Approving an
Agreement With the Wallis Ranch Homeowner's Association for the Provision of Traffic
Enforcement Services.
FINANCIAL IMPACT
All costs associated with the provision of traffic enforcement to the Wallis Ranch subdivision will
be reimbursed by the Wallis Ranch Homeowner's Association, per the agreement.
DESCRIPTION:
California Vehicle Code Sections 21107.5 and 21107.7 allow for law enforcement officers to
enforce speed limits on private roads if certain procedures are followed by the road owners and
the enforcing agency and certain conditions are met.
In 2022, City Staff were contacted by representatives of the Wallis Ranch Homeowner's
Association interested in traffic enforcement on their privately owned roads. City and Dublin
Police Services Staff subsequently engaged in communications with the Association on the
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logistics of providing such services, including a review of the steps necessary to solidify the
arrangement.
In April, the City received a petition, per the requirements set forth in the Vehicle Code, signed by
a majority of the Association requesting traffic enforcement within the Wallis Ranch subdivision.
Staff then worked with Dublin Police Services to prepare an agreement (Attachment 2) for the
provision of two officers, each for four hours per week, to provide enforcement services. The
officers will be under the direction of the Dublin Police Services Captain. Staff provided written
notice to all owners and residents of Wallis Ranch of the public hearing to consider this
agreement.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Notice was mailed to the owners and residents of the Wallis Ranch subdivision on this item. The
City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Authorizing Enforcement of the California Vehicle Code to Privately Owned Roads
Within the Wallis Ranch Subdivision and Approving an Agreement with the Wallis Ranch
Homeowner's Association for the Provision of Traffic Enforcement Services.
2) Exhibit A to the Resolution - Agreement Between the City of Dublin and Wallis Ranch
Homeowner's Association Regarding Enhanced Police Services
3) Petition of Wallis Ranch Homeowner's Association Requesting City Enforcement of Private
Streets
Page 2 of 2
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Attachment I
RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING ENFORCEMENT OF THE CALIFORNIA VEHICLE
CODE TO PRIVATELY OWNED ROADS WITHIN THE WALLIS RANCH
SUBDIVISION AND APPROVING AN AGREEMENT WITH THE WALLIS
RANCH HOMEOWNER'S ASSOCIATION FOR THE PROVISION OF
TRAFFIC ENFORCEMENT SERVICES
WHEREAS, California Vehicle Code Section 21107.7 allows a city to authorize
that provisions of the California Vehicle Code be enforced on privately owned and
maintained roads near or connected to public highways; and
WHEREAS, the roads within the subdivision known as Wallis Ranch are to be
privately owned and maintained by the Wallis Ranch Homeowner's Association (the
"Association"); and
WHEREAS, the City Council has a received a petition from the Association
requesting that the provisions of the California Vehicle Code Section 21107.7 be applied
to the roads in their community; and
WHEREAS, a public hearing on the matter has been conducted and notice of such
hearing was sent to all owners of in the Association in accordance with California Vehicle
Code Section 21107.7; and
WHEREAS, the City has prepared an agreement for Dublin Police Services to
provide traffic enforcement services to the Wallis Ranch subdivision, whereby the City will
be reimbursed for all costs associated with the provision of such services.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Dublin City Council
does hereby:
1) find and declare that the aforementioned privately owned and maintained roads
are not generally held open for use of the public for purposes of vehicular travel
but, by reason of their proximity to or connection with highways, the interests
of any residents residing along the roads and the motoring public will best be
served by application of the provisions of the California Vehicle Code to those
roads, and
2) approve the agreement attached hereto as Exhibit A for the City, via Dublin
Police Services, to provide traffic enforcement services to the Wallis Ranch
subdivision.
BE IT FURTHER RESOLVED THAT the City Manager is authorized to execute
the agreement and make any non -substantive changes to carry out the intent of this
resolution.
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 1
347
BE IT FURTHER RESOLVED THAT the Association shall submit, within 30 days,
to the Public Works Department any engineering studies/plans showing that the location
and type of any traffic signs, markings, or devices are in compliance with the uniform
standards of the City and the Department of Transportation, and for speed limits, submit
any engineering studies required to establish an enforceable speed limit. Following
approval by the Public Works Department, Association shall erect signs, signals,
markings, and devices which conform to the uniform standards and specifications
adopted by the California Department of Transportation.
PASSED, APPROVED AND ADOPTED this day of , 2023, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 1
348
Attachment 2
AGREEMENT BETWEEN
THE CITY OF DUBLIN
AND
WALLIS RANCH HOMEOWNER'S ASSOCIATION
REGARDING ENHANCED POLICE SERVICES
This agreement is made and entered into between the City OF DUBLIN (the "City")
and WALLIS RANCH HOMEOWNER'S ASSOCIATION (the "Association") (individually
"Party" and collectively "Parties") as of (the "Effective Date")
regarding enhanced police services ("Agreement").
RECITALS
WHEREAS, the Association wishes to receive enhanced police protection services from
the City through the assignment of two (2) sworn Dublin Police Officers to patrol and
enforce moving vehicle violations pursuant to the California Vehicle Code and Dublin
Municipal Code on Association -owned streets; and
WHEREAS, in recognition of the expense to City of permitting two (2) Officers to provide
such enhanced police protection services, the Association will remit the cost for such
services by paying the City the Officers hourly rate as set forth herein, not to exceed
four (4) hours per week per Officer. The Parties agree and acknowledge that these
services are not provided for profit, and neither Party expects or anticipates that the City
will realize any profit or direct financial benefit as a result of this Agreement; and
WHEREAS, the City will provide enhanced police protection services pursuant to the
terms and conditions of this Agreement provided that such services do not:
(A) Impair or interfere with City's ability to meet its other law enforcement
responsibilities; and
(B) Result in any City loss of operational efficiency or readiness.
NOW, THEREFORE, in consideration of the foregoing Recitals, which are true and
correct and incorporated herein, and the promises, agreements, representations, and
acknowledgments contained in this Agreement and all the Exhibits hereto, it is mutually
agreed as follows:
1. Term of the Agreement
The term of Agreement shall commence on the Effective Date and conclude on
, unless the term of the Agreement is otherwise terminated as provided for in
Section 6.
2. Scope of Services to be Provided by the City to the Association
2.1. The City, through Dublin Police Services, agrees to supply two (2) Dublin Police
Officers for enhanced police services to patrol and enforce moving vehicle violations pursuant to the
California Vehicle Code and Dublin Municipal Code on Association -owned streets as authorized by
law for the benefit of the general public for no more than four (4) hours per week per Officer
("Resource Officer"). The Resource Officers shall perform the services provided for in Exhibit
A attached hereto and incorporated by this reference.
2 .2 . The Association shall coordinate the services needed through the Captain of Dublin
Police Services. The City has the sole authority to determine which officers will be assigned as
1
349
Attachment 2
Resource Officers. The City makes no representation as to which Resource Officers will be
assigned or that the Resource Officers will be the same during each week.
2.3. The Association agrees to provide to the City the necessary workspace and or other
assistance that may be required for the performance of the services under this Agreement. The
City shall provide, at its own cost and expense, any and all necessary equipment, education and
training, to perform the services under this Agreement.
2.4. The City may, at its discretion, assign supervisory personnel to supervise Resource
Officers with the Association agreeing to pay all costs associated with supervisory personnel.
2.5. Notwithstanding the City's obligation under this Section 2, the Parties acknowledge
and agree that City has the sole and absolute discretion to reassign the Resource Officers to
other areas for reasonable periods of time as needed for law enforcement purposes. If this
should occur, the Association will only be responsible for paying the City for the services
actually provided to Association.
2.6. In performing its obligations under this Agreement, the City will retain discretion to
issue citations using its administrative citation process, under applicable state law, or to make
arrests. The City makes no guarantee that citations will be issued or that arrests will be made.
The City shall be entitled to retain any revenue generated from the issuance of administrative
citations.
3. Compensation
The Association shall compensate the City for the services of the Resource Officers and any
assigned supervisory personnel as set forth in the Rate Schedule attached as Exhibit B and
incorporated by this reference. Per the Alameda County Deputy Sheriff's Office Memorandum
of Understanding all overtime work shall be compensated at the rate of one -and -one-half (1.5)
times the hourly rate. The City shall invoice the Association for the services so rendered and
the Association shall remit payment within thirty (30) days from the receipt of an invoice. As with
all other City Officers, calculation of the Resource Officer's hours pursuant to this Agreement
shall begin when the Resource Officer begins his/her shift and leaves the City Police
Department and ends when the Officer concludes his/her shift by returning to the City Police
Department.
4. Resource Officers Status as Alameda County Employees
4.1. The City contracts with the County of Alameda ("County") for enforcement by
Alameda County Sheriff's Office ("ACSO") of state laws and City ordinances in the City of
Dublin. The Association agrees that at all times and for all purposes relevant to this Agreement,
the ACSO shall remain the sole and exclusive employer of all Resource Officer(s) and in this
regard:
a. The ACSO shall remain solely and exclusively responsible for the payment of
any police officer wages, compensation, overtime wages, expenses, fringe
benefits, pension or retirement benefits, travel expenses, mileage allowances,
training expenses, transportation costs, and/or other allowances or
reimbursements of any kind, including but not limited to, workers' disability
compensation, unemployment compensation, Social Security Act protection
and benefits, any employment taxes, and/or other statutory or contractual right
or benefit based, in any way, upon any officer's status as an employee of the
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350
Attachment 2
ACSO. The City acknowledges that the Resources Officers and other City
employees shall not be eligible to participate in, or receive any benefit from,
any benefit plan or program available to Association employees. The
Association shall not provide workers' compensation coverage for the Officers
or for any other City employees or contractors and shall not withhold or pay
with respect to any sums due under this Agreement any federal, state or local
income taxes (domestic or foreign), FICA, Medicare, unemployment insurance,
workers compensation insurance, or other taxes or assessments against
amounts payable with respect to statutory employees. The ACSO shall have
sole responsibility for the payment of all applicable taxes and withholdings with
respect to compensation paid to ACSO employees. The City and ACSO, via
their contractual relationship, retain sole and absolute discretion in the manner
and means of carrying out the services, and the Association shall have no
obligation to direct or control the Resource Officers or the delivery of services.
b. This Agreement does not, and is not intended to include any City warranty,
promise, or guaranty, either express or implied, of any kind or nature
whatsoever, in favor of the Association, any agent, or any person present on
Association -owned streets that any enhanced police protection provided by
City via its contractual arrangement with ACSO under the terms and
conditions of this Agreement will result in any specific reduction in or
prevention of any criminal activity, or any other performance -based outcome.
c. Under the terms of this Agreement, the Association agrees that no Officer shall
be asked or required to perform any services directly for the Association or
otherwise be available to perform any other work or assignments for the
Association or be expected to perform any acts other than governmental law
enforcement functions, crime prevention or police protection, and that no
Officer shall be employed in any manner or capacity by the Association. The
Association agrees that it shall not grant, give, allow, pay, reimburse,
compensate, or otherwise provide any wage, fringe benefits, gifts, equipment,
personal property, supplies, entitlement, consideration (monetary or otherwise),
or any other thing of value, either directly or indirectly, to the Resource
Officer(s). Any money paid directly to the City by the Association to reimburse
the City for costs pursuant to this Agreement shall not be deemed
consideration paid by the Association to the Resource Officer(s).
d. The Association and the City agree that this Agreement does not, and is not
intended to, create, grant, modify, supplement, supersede, alter, or otherwise
affect or control, in any manner or form: (a) any right, privilege, benefit, or any
other term or condition of employment, of any kind or nature whatsoever, in,
upon or for any police officer and/or any officer's agents, representatives,
unions, or the successors or assigns of any of them; (b) any applicable City
employment and/or union contract; (c) any level or amount of police officer
supervision, standard of performance, training or education; (d) any City or
ACSO rule, regulation, hours of work, shift assignment, order, policy,
procedure, directive, guideline, etc. which shall solely and exclusively, govern
and control the employment relationship between the ACSO and all Officers.
e. Association agrees that neither Association nor any of its agents shall
otherwise provide, furnish or assign any police officer with any job
instructions, job descriptions, job specifications, or job duties, or in any
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351
Attachment 2
manner attempt to control, supervise, train or direct any police officer in the
performance of any City duty or obligation to provide enhanced police
protection under the terms of this Agreement.
4.2. The Association agrees that this Agreement does not, and is not intended to,
transfer, delegate, or assign to the City, its officers, agents or employees, any civil or legal
responsibility, obligation, duty of care, or liability associated with the ownership,
maintenance, or operation of the Association -owned streets.
5. No Joint Venturers, Employees, Agents, or Special Benefits Created
5.1. The Association and the City agree that neither the City nor any officer, agent
or employee of the City, by virtue of this Agreement or otherwise, shall be considered or
asserted to be an employee, contractor, subcontractor, partner, joint venturer,
representative, or agent of the Association.
5.2. The Association agrees that it may not assign, delegate, contract, subcontract
or otherwise transfer, promise, commit, or loan any enhanced police protection services or
duties under this Agreement to any other person and/or public or private corporation, entity,
or organization of any kind.
5.3. The Association agrees that this Agreement does not, and is not intended to,
create, by implication or otherwise, any specific, direct, or indirect obligation, duty, promise,
benefit, and/or special right to police protection services or governmental law enforcement
protection in favor of the Association, any Association agent(s) and/or any other person,
who, for any reason or for no reason, is on or near Association -owned streets. Further, the
Association agrees that at all times, and for any and all purposes under this Agreement, the
City and the Resource Officer(s) shall be present strictly and solely to perform such police
protection services and governmental law enforcement functions authorized by law to and for
the benefit of the general public.
6. Termination of Agreement
Either Party to this Agreement may terminate it upon thirty (30) days written notice to the other
Party without incurring any penalty or liability to any party because of the termination or upon
mutual consent. Upon termination, any amounts owed to the City by the Association, if any,
shall be paid by the Association upon the submission of an invoice. If the City has in its
possession any property of the Association, it shall be returned upon termination.
7. City Reservation of Rights/Association Waiver
7.1. The City reserves to itself any rights and obligations relating to the provision of any
and all police and/or governmental law enforcement services, and this Agreement does not, and
is not intended to diminish, delegate, divest, impair, or contravene any constitutional, statutory,
and/or other legal right, privilege, power, obligation, duty, capacity, immunity, or character of
office of City, its agents, employees, or officers.
7.2. The Association acknowledges and agrees that, during the term of this Agreement,
there may be circumstances beyond the City's control when the City, in its sole discretion, may be
unable to assign a Resource Officer(s) pursuant to this Agreement. The Association recognizes
this possibility and hereby waives any claims that may arise in connection with, or as a result of,
any alleged City failure to provide enhanced police services during the term of this Agreement.
4
352
Attachment 2
For the purposes of this Agreement, the term "circumstances" shall include unanticipated
absences due to illness, injury, personal emergency, and similar factors. The City agrees to
assign Resource Officer(s) pursuant to this Agreement as soon as reasonably feasible.
8. Association Cooperation
The Association agrees that it shall be solely and exclusively responsible, during the term of this
Agreement, for guaranteeing that all its agents: (a) follow all lawful orders of any Resource Officer
performing any duties under this Agreement; (b) fully cooperate with all Resource Officer(s) in
providing any enhanced police protection services pursuant to this Agreement; and (c) conform
their activities to comply with the terms of this Agreement, including, but not limited to, the
understanding concerning City's independent status.
9. Indemnity
The Association shall indemnify, defend with counsel acceptable to City, and hold harmless City,
its officers, officials, employees, volunteers, agents and assigns (Indemnitees) from and against
any and all damages (whether special, general or punitive), loss, liability, fines, penalties,
forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in
law or in equity, of every kind and description, including, but not limited to, injury to and death of
any person and damage to property, strict liability, product liability, or for contribution or indemnity
claimed by third parties (collectively "Liability") arising or resulting from or in any way connected
with: (i) the operation of Association, its agents, employees, contractors, and/or subcontractors, in
performing or failing to perform this Agreement; (ii) the failure of Association, its agents,
employees, contractors and/or subcontractors to comply in all respects with applicable laws,
ordinances and regulations, and/or applicable permits and licenses, and/or (iii) Association's
ownership, operation, maintenance, control and acts or commissions of and in the areas it
administers. Association shall not be responsible for Liability caused by the sole negligence or
willful misconduct of City.
9.1. It is the intent of the Parties that, where negligence is determined to have been
contributory, principles of comparative fault will be followed and each Party shall bear the
proportionate costs of any loss, damage, expense, and liability attributable to the Party's
negligence.
9.2.The Association agrees that it shall promptly deliver to City written notice and
copies of any claim(s), complaint(s), charges, or any other accusation or allegation of
negligence or other wrongdoing, whether civil or criminal in nature, that the Association
becomes aware of which involves in any way City or any police officer. The Association agrees
to reasonably cooperate with the City in any investigation conducted by the City into any act(s),
work or performance of any Resource Officer in connection with services provided under this
Agreement.
9.3. The provisions of this Section 9 shall survive the expiration or earlier termination
of this Agreement.
10. Miscellaneous Provisions
10.1. Notices. All notices to be sent pursuant to this Agreement shall be made in writing,
and sent to the Parties at their respective addresses specified below or to such other address as
a Party may designate by written notice delivered to the other Parties in accordance with this
Section either by (i) certified mail, return receipt requested, in which case notice shall be deemed
5
353
Attachment 2
delivered three (3) business days after deposit, postage prepaid, in U.S. mail; (ii) a reputable
messenger service or a nationally recognized overnight courier, in which case notice shall be
deemed delivered one (1) business day after deposit with such messenger or courier; or (iii)
personal delivery with receipt acknowledged in writing, in which case notice shall be deemed
delivered when received at the following addresses:
City: City of Dublin Police Services
6361 Clark Avenue
Dublin, CA 94568
Att: Captain Gosal
Association: Wallis Ranch Owners Association
4159 Wallis Ranch Drive
Dublin, CA, 94568
10.2. Governing Law. This Agreement shall be construed in accordance with the laws of
the State of California and venued in the County of Alameda without regard to principles of
conflicts of law.
10.3. Severabilitv. If any provision of this Agreement is held invalid, illegal, or
unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not be affected or impaired thereby.
10.4. Entire Agreement. This Agreement, together with Exhibit A and Exhibit B
constitute the entire agreement of Parties with respect to the subject matter hereof, and
supersedes all prior oral or written agreements between the Parties with respect thereto. This
Agreement shall not be changed or supplemented orally and any amendment, modification,
alteration or variation of the terms shall only be valid if such is in writing and signed,
acknowledged, and approved by both Parties.
10.5. 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.
10.6. Waiver. Absent an express waiver, the failure of any Party to pursue any right
granted under this Agreement shall not be deemed a waiver of that right regarding any existing or
subsequent breach or default. No failure or delay on the part of any Party in exercising any right,
power or privilege hereunder shall operate as a waiver thereof, nor shall a single or partial
exercise of the other right, power, or privilege.
10.6. Successors. The Parties acknowledge that this Agreement shall be binding upon
each of them and, to the extent permitted by law, upon their administrators, representatives,
subsidiaries, executors, successors, assigns, and all person acting by, through, under, or in
concert with any of them.
6
354
Attachment 2
CITY OF DUBLIN WALLIS RANCH OWNERS ASSOCIATION
By: By:
Linda Smith
City Manager
Date:
DUBLIN POLICE SERVICES
By:
Nathan Schmidt
Chief
Date:
Association Board President
Date:
7
355
Attachment 2
Exhibit A
Services to be provided by the City
The Role and Responsibility of the Resource Officers include, but are not limited to:
1. The Resource Officers shall patrol and enforce vehicle moving violations pursuant to
the California Vehicle Code and Dublin Municipal Code on Association -owned streets as
authorized by law for the benefit of the general public for no more than four (4) hours per
week per Officer, in conjunction with the needs of Dublin Police Services.
2. The City will provide the Association statistics regarding the number of citations
issued during the Resource Officers shifts and the hours patrolled pursuant to this
Agreement. Additional information or statistics may be provided to the upon mutual
agreement of the Parties. Such statistics shall be provided at the same time as the invoice
for services and shall cover the same time period as the invoice for services.
3. The Resource Officer positions will be administered by the Dublin Police Services
Captain. The Resource Officers will be supervised by the 'On -Duty' Watch Sergeant, who
will report to the Captain and the Chief of Dublin Police Services.
8
356
Attachment 2
Exhibit B
Rate Schedule
The following rate schedule is the hourly compensation amount for a Resource Officer, as well
as a Sheriff's Technician and Supervisor if deemed necessary. Annual rates are included in
the City's Master Fee Schedule adopted by the City Council before the start of the new fiscal
year. Should the hourly rate increase due to negotiated raises, an amendment in writing will
be presented to the Association for approval.
Dublin Police Services Hourly Rates for FY 2023-24:
Sheriff's Technician: $110
Resource Officer: $220
Supervisor: $254
9
357
Attachment 3
PETITION OF WALLIS RANCH HOMEOWNER'S ASSOCIATION REQUESTING
CITY ENFORCEMENT OF PRIVATE STREETS
THIS PETITION OF WALLIS RANCH HOMEOWNER'S ASSOCIATION REQUESTING
CITY ENFORCEMENT OF PRIVATE STREETS ("Petition") is dated this 14th day of,
April, 2023.
WHEREAS, California Vehicle Code Section 21107.7 allows a city to authorize that
provisions of the California Vehicle Code be enforced on privately owned and maintained
roads near or connected to public highways;
WHEREAS, the planned roads within the subdivision known as Wallis Ranch are
to be privately owned and maintained by the Wallis Ranch Homeowner's Association
("Association"); and
WHEREAS, the Association submits this Petition to request that the City of
Dublin, a municipal corporation ("City"), authorize the California Vehicle Code to be
enforced on the Association's privately owned and maintained roads, which roads are
shown in Attachment A, attached hereto and incorporated herein by reference,
pursuant to California Vehicle Code Section 21107.7.
NOW, THEREFORE, BE IT RESOLVED that this Petition was regularly
introduced and adopted by the Board of the Association at a duty notified regular
meeting held on the 15th day of, March , 2023.
BE IT FURTHER RESOLVED, that the decision to file this Petition with the City
was made by a majority of the owners of the Association, or by at least a majority of the
Board, in accordance with California Vehicle Code Section 21107.7.
BE IT FURTHER RESOLVED, that the Board finds that the privately owned and
maintained roads shown in Attachment A are in proximity to public streets, roads and
highways, and that by reason of said proximity, the interest of any residents residing
along the roads and the motoring public will best be served by application of the
California Vehicle Code to those roads.
BE IT FURTHER RESOLVED, that the Association hereby requests that the City,
by ordinance or resolution, find and declare that the Association's privately owned and
maintained roads shown in Attachment A are not generally held open for use of the
public for purposes of vehicular travel but, by reason of their proximity to or connection
with highways, the interests of any residents residing along the roads and the motoring
public will best be served by application of the California Vehicle Code to those roads.
BE IT FURTHER RESOLVED, that the Association acknowledges and
understands that the City may impose reasonable conditions and may authorize the
Association to erect traffic signs, signals, markings, and devices which conform to the
uniform standards and specifications adopted by the Department of Transportation
and/or City regulations governing the same at Association's sole cost and expense.
358
BE IT FURTHER RESOLVED, that the Association acknowledges and
understands that, upon enactment of the ordinance or resolution, the California Vehicle
Code shall apply to the privately owned and maintained roads shown in Attachment A,
if appropriate signs are erected pursuant to California Vehicle Code Section 21107.7.
BE IT FURTHER RESOLVED, that this Petition is signed by all the members of
the Board that are in support of the Petition and that the undersigned collectively
constitute a majority of the Board.
ki\P(1\
Preside tfif t Board
Secretary of the Board
Other Members in support of this
Petition:
Member'of the Board
Member of the Board
Member of the Board
Member of the Board
5081768.1
Vice -President of the Board
Member of the Board
Member of the Board
Member of the Board
Member of the Board
359
IP
Slt
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 7.1
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: East Ranch Community Facilities Districts Revised Proposal
Prepared by: Kan Xu, Senior Civil Engineer
EXECUTIVE SUMMARY:
On April 18, 2023, the City Council provided feedback to the Applicant, TH East Ranch Dublin, LLC
(Trumark Homes), on their request to form Community Facilities Districts (CFDs) to finance the
maintenance of and construction of public improvements within the East Ranch development
project. The Applicant has revised their proposal for consideration by the City Council. The City
Council will receive a presentation from the Applicant and provide feedback regarding the revised
CFD proposals. No formal action will be taken, nor will approvals be granted, for the project at this
meeting.
STAFF RECOMMENDATION:
Receive the presentation and provide feedback on the Applicant's revised proposal for the
formation of Community Facilities Districts to fund the maintenance of and the construction of
certain public facilities.
FINANCIAL IMPACT:
All costs associated with processing this request are borne by the Applicant.
DESCRIPTION:
Background
The 165.5-acre East Ranch development project site is an undeveloped parcel located within the
Fallon Village area of the Eastern Dublin Specific Plan (EDSP). The site is located north of
Interstate 580, east of Fallon Road and the Jordan Ranch development, south of the Positano
development, and adjacent to the City's eastern boundary, as shown in Figure 1 below. The project
site generally increases in elevation from south to north with knolls and hilly terrain in the
northeastern portion of the site.
Page 1 of 4
360
Figure 1. Vicinity Map
. ALLONL
SPORTS PARK+` JJORDAN'.
J RANCHO
a
FALLON!,
GATEWAY +F
On April 18, 2023, the City Council received a presentation from TH East Ranch Dublin, LLC
(Applicant) and provided feedback on an affordable housing proposal and the formation of a
Community Facilities District to fund maintenance of public streets, two public parks, and the
storm drain systems within the Project (Services CFD) and a Community Facilities District to fund
the acquisition and construction of certain public infrastructure and development impact fees
associated with the Project (Facilities CFD).
The City Council expressed general support for the affordable housing proposal and Staff is
currently working on drafting the Affordable Housing Agreement for City Council's approval at a
future meeting. Regarding the formation of the CFDs, the City Council was generally in support of
the Services CFD; however, the City Council did not support the formation of the Facilities CFD in
its previously proposed form.
Current Request
The Applicant has revised their proposal for the formation of the Services CFD for maintenance
and the Facilities CFD to fund construction of various public infrastructure.
Services CFD
The revised Services CFD will fund maintenance of the public streets and the storm drain systems
within the East Ranch development. The two public parks were removed from the revised
Services CFD proposal, which means that assessments will not be collected for the City's
maintenance of those two parks.
Based on the City's current maintenance costs for similar items remaining in the revised Services
Page 2 of 4
361
CFD proposal, contingency, and administration costs, the revised proposed assessment on each
unit within the district is approximately $381 per year for maintenance of public infrastructure
(Attachment 1). The adjusted property tax, including the Services CFD, will total approximately
1.39% of the home price.
Facilities CFD
The Applicant is also requesting the City Council's consideration of the revised Facilities CFD to
fund construction of certain public infrastructure and development impact fees associated with
the Project, including grading, street improvements, public parks, storm drain, water, and sewer
facilities. The inclusion of water and sewer facilities within the Facilities CFD will require a
separate Joint Community Facilities Agreement between the Applicant, the City, and Dublin San
Ramon Services District.
Of specific note, the Applicant does not have any obligation to make improvements to the two
neighborhood parks in the project. The obligation is to pay a certain amount in fees for future park
improvements. This amount is about $4.7 million in today's dollars, while the cost to improve
both parks is in excess of $11 million based on recent park improvements. Staff and the Applicant
believe that such improvements to the park will benefit the community and surrounding
neighborhoods. To absorb this additional cost, the Applicant will require a Facilities CFD to offset
some of its capital costs in other areas of the project. In summary, if the City Council approves a
Facilities CFD, the Applicant will commit to making park improvements. Without the Facilities
CFD, the two park sites will likely sit undeveloped for several years.
The Applicant's proposed annual CFD special tax rate (Services CFD and Facilities CFD), when
combined with all other property taxes would, on average, equal approximately 1.58% of the
estimated home price. The bonding capacity of the Facilities CFD is estimated to yield
approximately $26.95 million in net proceeds based on the special tax rate, assuming annual
escalation of 2% per year and an interest rate on the bonds of 5.50% (net of typical costs for
underwriter discount, reserve funds, capitalized interest, and incidental expenses). The facilities
component of the proposed CFD would be structured to consist of six special tax zones, one for
each of the various lot/product types, as shown in the following table.
Zone #
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Zone 6
Product Type
65' x 100' lots
55' x 95' lots
50' x 110' lots
49.5' x 80' lots
Cluster lots
Townhome units
ENVIRONMENTAL REVIEW :
Annual Special Tax (per unit)
$5,543
$4,153
$4,406
$3,398
$2,886
$1,395
The City Council is receiving a presentation and providing feedback on the formation of a Services
CFD and a Facilities CFD and no formal action will be taken at this time. This discussion is not
subject to the requirements of the California Environmental Quality Act (CEQA) as it does not have
Page 3 of 4
362
the potential to result in a direct physical change in the environment or a reasonably foreseeable
indirect change in the environment and, thus, does not meet the definition of a project under CEQA
Guidelines Section 15378.
STRATEGIC PLAN INITIATIVE:
Strategy 3: Infrastructure Maintenance and Reinvestment
Objective D: Explore use of funding mechanisms like community facilities districts for capital and
ongoing maintenance needs.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of this Staff Report was provided to the Applicant and the City Council Agenda was posted.
ATTACHMENTS:
1) Maintenance Cost Estimate
2) DPFG Financing Memo, dated June 5, 2023
Page 4 of 4
363
Attachment I
Maintenance Item
Exhibit C
Trumark - Croak Property
Maintenance Cost Estimates
6/5/2023
Description of Use Unit Quantity Unit Price Estimate
Street A Public Road Miles 0.3404 $5,158 $ 1,756
Street B Public Road Miles 0.3775 $5,158 $ 1,947
Neighborhood 1 - Streets Public Road Miles 0.7426 $5,158 $ 3,830
Neighborhood 2 - Streets Public Road Miles 0.7853 $5,158 $ 4,050
Neighborhood 3 - Streets Public Road Miles 0.4652 $5,158 $ 2,400
Neighborhood 4 - Streets Public Road Miles 0.6210 $5,158 $ 3,203
Neighborhood 5 - Streets Public Road Miles 0.4750 $5,158 $ 2,450
Neighborhood 6 - Streets Public Road Miles 0.4680 $5,158 $ 2,414
Slurry & Base Repair Public Road SF 813,495 $0.21 $ 168,800
Subtotal $ 190,851
Contingency and Administration Costs
Contingency and Repair/Replacement (10%)
City Administration
County Administration (1.7%)
Subtotal Contingency and Admin Costs
Total Project Annual Maintenance Cost Summary
Subtotal Annual Maintenance
Subtotal Contingency and Admin Costs
Total Annual Maintenance Costs
Footnotes:
[1] Per Unit estimate does not include AMI units.
$ 2,205
$ 15,000
$ 3,244
$ 20,450
$ 190,851
$ 20,450
$ 211,300
Per Unit [ 1 ] $ 381
Prepared by DPFG 6/5/20: 364
Attachment 2
DDG
DEVELOPMENT PLANNING a F1Hd,HCUNG GIRUEIP
Memorandum
To: City of Dublin
From: DPFG
Date: June 5, 2023
Subject: Croak Ranch CFD Formation Proposal
Per the request of our client, Trumark Homes, we have prepared this memo to provide background
information and discuss a proposal for the formation of a Community Facilities District ("CFD") for The
Croak Ranch project (the "Project").
A. Backeround and Assumptions:
The Project is within the City of Dublin ("city") Eastern Dublin Specific Plan. The Project is a 165.5-acre
site with a 573-unit residential project consisting of six neighborhoods, two neighborhood parks totaling
11.5 acres, and a two -acre Public/Semi-Public site reserved for affordable housing located on Croak Road
east of Fallon Road. The project site straddles existing Croak Road with Jordan Ranch to the west,
Positano to the north and undeveloped land to the east and south with the Interstate 580 beyond.
B. Summary of CFD Formation Deal Points:
1. As part of the conditions of approval for Tract Map 8563, the Croak project was conditioned to
agree to form a Community Facilities District (CFD), with the City as the lead agency, pursuant to
the provisions of California Government Sections 53311 et seq., for the purpose of financing the
maintenance, acquisition, and/or construction of certain public improvements on the Property if
Developer is in agreement with the Rate, Method of Apportionment and manner of Collection of
Special tax ("RMA") as it relates to the Property. There may be potential to enter into a Joint
Community Facilities Agreement ("JCFA") with other local agencies to potentially finance other
eligible facilities and/or fees.
2. The infrastructure component of the proposed CFD would be structured to consist of six (6) special
tax zones, one for each of the various lot/product types.
• Zone 1 - 65'x1OO' lots — $5,543 annual special tax
• Zone 2 - 55'x95' lots — $4,153 annual special tax
• Zone 3 - 5O'x11O' lots — $4,406 annual special tax
• Zone 4 — 49.5'x8O' lots — $3,398 annual special tax
• Zone 5 — Cluster lots — $2,886 annual special tax
• Zone 6 — Townhome units — $1,395 annual special tax
Assumes affordable units will not be subject to the special tax.
3. The bonding capacity for the Project is currently estimated to yield approximately $26.9 million
in net proceeds. The preliminary bond sizing is described in further detail in Exhibit A.
4. The annual CFD special tax rate, when combined with all other property taxes would, on average,
equal approximately 1.58% of estimated home prices. The Project tax rate analysis is described in
further detail in Exhibit B. The analysis assumes as a condition of the Project, a project specific
maintenance CFD will be formed. The maintenance CFD will be formed concurrently as part of
this CFD. Current maintenance projections can be found in Exhibit C. The analysis also assumes
the Project will be in a GHAD.
► 2281 Lava Ridge Ct. Ste 340, Roseville CA, 95678 ► 916.480.0305 ► DPFG.com
365
Croak Ranch CFD Formation Summary Proposal
5. The CFD would be authorized to fund the construction of certain public improvements/fees
identified in Exhibit D.
6. For modeling purposes, it was assumed that the annual special taxes would escalate at 2% per year
and the interest rate on the bonds was assumed at 5.50% and net of typical costs for underwriter
discount, reserve funds, capitalized interest, and incidental expenses.
7. It is proposed the term of the bonds to be 30 years.
8. The CFD could be structured to include improvement areas based upon project phasing and
absorption.
9. The CFD could be structured to include a transition event, whereby when the special tax has funded
all the obligations funded by the facilities special tax, the special tax would convert to a services
special tax in perpetuity at a reduced rate. The intent would be to reduce/defer repair and
replacement costs on the proposed services special tax.
10. It is proposed the concept of remainder taxes, which is the balance of taxes collected, beyond the
total facilities special taxes collected on developed property during the first 20 fiscal years, to be
used on a pay -go basis to fund eligible facilities and fees.
11. The rate and method of apportionment would include a provision for the City to receive funding
for priority administration. It is proposed the City would receive $25,000 annually to cover CFD
related administration costs.
12. Developer requests that bonds are structured to maximize both the term and debt service to
maximizes bond proceeds.
13. The rate and method of apportionment (RMA) would include a provision permitting full and/or
partial prepayment of the special taxes at any time for any number of assessor's parcels.
14. The actual amount of the CFD bonds to be issued is expected to be a function of the project's
appraised value, and CFD special tax revenue. The bonds would be anticipated to be issued when
the value -to -lien ratio is met for the Project.
15. Developer and DPFG are prepared to work with the City and its consultant team as expeditiously
as practicable to complete formation of the CFD. Commencement of the CFD formation is
required per the conditions of approval, prior to Large Lot Final Map which is currently in final
stages of City approval. An example timeline to get the CFD formed, and bonds issued can be
reviewed on Exhibit E.
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366
LAND USE INFORMATION
Exhibit A
Croak Property CFD Formation Proposal
CFD Bond Sizing and Estimated Annual Bond Debt Service 1.57%
Minimum Maintenance Requirement & 7 Additional AMI Units (N6)
TOTAL TAX RATE ANALYSIS BOND SIZING ANALYSIS
Ad Other Charges, Proposed Total
Estimated Valorem Assessment CFD Total Total Proposed
Home Tax Rate and Special Tax per Tax per Tax CFD
Lot Size Units Plan Size Price 1.2626% Taxes Unit Unit Rate Revenues Escalating
(a) (b) (c) (d) Special Tax (2%)
Total Proiect Buildout
Total Proposed Annual CFD Revenue $2,016,050
Priority Admin ($25,000)
Net annual revenue $1,991,050
N165x100 99 3,800 $ 2,505,494 $ 31,634 $ 2,409 $ 5,543 $ 39,587 1.58% $ 548,784
(AMI) N165x100 2 3,800 471,927 5,959 2,028 - 7,987 1.69%
N2 55x95 96 3,500 2,067,520 26,105 2,409 4,153 32,667 1.58% 398,701
(AMI) N2 55x95 2 3,500 471,927 5,959 2,028 - 7,987 1.69%
N3 50x110 85 3,300 2,147,234 27,111 2,409 4,406 33,926 1.58% 374,523 Bond Amount 5.5% Interest,
(AMI) N3 50x110 6 3,300 471,927 5,959 2,028 - 7,987 1.69% 30 Year Term, 29 Year Amortization $32,975,000
N4 49.5x80 85 2,750 1,778,839 22,460 2,248 3,398 28,106 1.58% 288,864 Reserve Fund (125% of Avg Debt Service) ($3,056,282)
(AMI) N4 49.5x80 0 2,750 471,927 5,959 1,867 - 7,825 1.66% Capitalized Interest (12 months) ($1,813,703)
N5 Clusters 94 2,500 1,591,953 20,100 2,167 2,886 25,153 1.58% 271,284 Underwriter Discount (1.5%) ($494,625)
(AMI) N5 Clusters 4 2,500 471,927 5,959 1,786 - 7,744 1.64% Cost of Issuance ($659,500)
N6 Towns 96 1,800 1,122,113 14,168 2,167 1,395 17,729 1.58% 133,894
(AMI) N6 Towns 4 1,800 512,959 6,477 1,786 8,262 1.61% -
Grand Total
573 2,942 $ 1,825,946 $ 23,054 $ 2,290 $ 3,518 $ 28,862 1.58% $ 2,016,050 Net Construction Proceeds $26,950,890
Net Construction Proceeds Per Unit $47,035
Footnotes:
(a) Estimated sales pricing based on information provided by the Developer.
(b) Ad Valorem taxes are based on information from County Assessor Office.
(c) Other charges and assessments based on information from County Assessor Office. Proposed City special tax or assessment for project specific maintenance.
(d) Proposed CFD.
CA)
C) fired by DPFG
6/5/2023
Rate
Exhibit B
Total Tax Rate
Trumark - Croak Property
Annual Special Taxes and Assessments
Example Land Use Calculations
Lot Size
(AMI) (AMI) (AMI) (AMI) (AMI) (AMI)
N1 N1 N2 N2 N3 N3 N4 N4 N5 N5 N6 N6 Total/
65x100 65x100 55x95 55x95 50x110 50x110 49.5x80 49.5x80 Clusters Clusters Towns Towns Average
Units 99 2 96 2 85 6 85 0 94 4 96 4 573
Estimated Horne Price $ 2,505,494 $ 471,927 $ 2,067,520 $ 471,927 $ 2,147,234 $ 471,927 $ 1,778,839 $ 471,927 $ 1,591,953 $ 471,927 $ 1,122,113 $ 512,959 $1,825,946.38
Plan Size 3,800 3,800 3,500 3,500 3,300 3,300 2,750 2,750 2,500 2,500 1,800 1,800 2,942
Prooerty Taxes 111
General Property Tax 1.0000% $25,054.94 $4,719.27 $20,675.20 $4,719.27 $21,472.34 $4,719.27 $17,788.39 $4,719.27 $15,919.53 $4,719.27 $11,221.13 $5,129.59 $18,259.46
Other Ad Valorem Taxes
County GO Bond
School Unified
School Community College
Fld Zn 7 State Wtr
Bay Area Rapid Transit
Total Property Taxes
Special Taxes and Assessments 121
MOSQUITO ABATEMENT
CSA PARAMEDIC
CSA VECTOR CONTROL
PARAMEDIC SUPPLMNT
SFBRA MEASURE AA
DSRSD SEWER SVC
DUSD MEASURE ETAX
HAZ WASTE PROGRAM
CSA VECTOR CNTRL B
MOSQUITO ASSESS 2008
EAST BAY TRAIL LLD
CITY ST LT 83-1 [3]
DUBLIN RANCH LIGHTING DISTIRCT [3]
CAN GARB/RECYCLE
GHAD [4]
PROJECT SPECIFIC MAINTENANCE CFD [5]
Total Special Taxes and Assessments
Total Tax Burden
Tax Burden as % of Home Price
0.0103% $258.07 $48.61 $212.95 $48.61 $221.17 $48.61 $183.22 $48.61 $163.97 $48.61 $115.58 $52.83 $188.07
0.1716% $4,299.43 $809.83 $3,547.86 $809.83 $3,684.65 $809.83 $3,052.49 $809.83 $2,731.79 $809.83 $1,925.55 $880.24 $3,133.32
0.0388% $972.13 $183.11 $802.20 $183.11 $833.13 $183.11 $690.19 $183.11 $617.68 $183.11 $435.38 $199.03 $708.47
0.0279% $699.03 $131.67 $576.84 $131.67 $599.08 $131.67 $496.30 $131.67 $444.15 $131.67 $313.07 $143.12 $509.44
0.0140% $350.77 $66.07 $289.45 $66.07 $300.61 $66.07 $249.04 $66.07 $222.87 $66.07 $157.10 $71.81 $255.63
1.2626% $31,634.37 $5,958.55 $26,104.51 $5,958.55 $27,110.98 $5,958.55 $22,459.62 $5,958.55 $20,100.00 $5,958.55 $14,167.80 $6,476.62 $23,054.40
$1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74 $1.74
$37.40 537.40 $37.40 $37.40 537.40 537.40 $37.40 $37.40 537.40 537.40 $37.40 $37.40 537.40
$5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92 $5.92
510.00 510.00 $10.00 $10.00 510.00 510.00 $10.00 $10.00 510.00 510.00 $10.00 $10.00 510.00
$12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00
$492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76 $492.76
$96.00 $96.00 $96.00 $96.00 $96.00 $96.00 $96.00 $96.00 $96.00 $96.00 596.00 596.00 596.00
$6.64 $6.64 $6.64 $6.64 56.64 56.64 $6.64 $6.64 56.64 56.64 $6.64 $6.64 $6.64
$6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00
52.50 52.50 $2.50 $2.50 52.50 52.50 $2.50 $2.50 52.50 52.50 $2.50 $2.50 52.50
$5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44 $5.44
$19.34 $19.34 $19.34 $19.34 $19.34 $19.34 $19.34 $19.34 519.34 $19.34 $19.34 $19.34 519.34
$38.02 $38.02 $38.02 $38.02 $38.02 $38.02 $38.02 $38.02 $38.02 $38.02 538.02 538.02 $38.02
$486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72 $486.72
$807.69 $807.69 $807.69 $807.69 $807.69 $807.69 $646.15 $646.15 $565.38 $565.38 $565.38 $565.38 $700.00
$381.00 $0.00 $381.00 $0.00 $381.00 $0.00 $381.00 $0.00 $381.00 $0.00 $381.00 $0.00 $369.03
$2,409.17 $2,028.17 $2,409.17 $2,028.17 $2,409.17 $2,028.17 $2,247.63 $1,866.63 $2,166.86 $1,785.86 $2,166.86 $1,785.86 $2,289.51
$34,043.54 $7,986.72 $28,513.68 $7,986.72 $29,520.15 $7,986.72 $24,707.25 $7,825.18 $22,266.86 $7,744.41 $16,334.66 $8,262.48 $25,343.91
1.36% 1.69% 1.38% 1.6996 1.37% 1.69% 1.3996 1.66% 1.40% 1.64% 1.46% 1.61% 1.39%
Footnotes:
[1] Average unit square footage and estimated sales pricing based on information provided by the Developer.
[2] Tax rates are based on information provided by Alameda County's Auditor -Controller for Tax Rate Area 26-032 for FY 2022/23.
[3] Parcel currently within Dublin City Light District (No 1983-1). Project assumes future annexation into Dublin Ranch Lighting District at current rate of $38.02 for FY 2022/2023 while remaining in the citywide light district.
[4] Current estimate provided by ENGEO. Expected to fall between $500 - $700. DPFG is using an average of $700 per unit for purposes of this analysis, with the tax assessed by equal lot size based on estimated Equivalent Dwelling Units. Subject to escalation annually on April 30th.
[5] Project is required to form a CFD for the purposes of maintaining project public improvements.
CA)
vi d by DPFG
00
6/5/2023
Maintenance Item
Exhibit C
Trumark - Croak Property
Maintenance Cost Estimates
6/5/2023
Description of Use Unit Quantity Unit Price Estimate
Street A Public Road Miles 0.3404 $5,158 $ 1,756
Street B Public Road Miles 0.3775 $5,158 $ 1,947
Neighborhood 1 - Streets Public Road Miles 0.7426 $5,158 $ 3,830
Neighborhood 2 - Streets Public Road Miles 0.7853 $5,158 $ 4,050
Neighborhood 3 - Streets Public Road Miles 0.4652 $5,158 $ 2,400
Neighborhood 4 - Streets Public Road Miles 0.6210 $5,158 $ 3,203
Neighborhood 5 - Streets Public Road Miles 0.4750 $5,158 $ 2,450
Neighborhood 6 - Streets Public Road Miles 0.4680 $5,158 $ 2,414
Slurry & Base Repair Public Road SF 813,495 $0.21 $ 168,800
Subtotal $ 190,851
Contingency and Administration Costs
Contingency and Repair/Replacement (10%)
City Administration
County Administration (1.7%)
Subtotal Contingency and Admin Costs
Total Project Annual Maintenance Cost Summary
Subtotal Annual Maintenance
Subtotal Contingency and Admin Costs
Total Annual Maintenance Costs
Footnotes:
[1] Per Unit estimate does not include AMI units.
$ 2,205
$ 15,000
$ 3,244
$ 20,450
$ 190,851
$ 20,450
$ 211,300
Per Unit [ 1 ] $ 381
Prepared by DPFG 6/5/20: 369
Facility Description
Exhibit D
Trumark Homes - Croak Property
Preliminary List of Potential Eligible Facilities - CFD
Budgeted Potentially
Total Eligible [1]
City Improvements [21
City of Dublin
Grading and Street work $ 31,627,630 $ 12,268,564
Concrete Work 7,898,614 6,735,114
Storm Drain Work 5,362,880 4,942,448
Total City Improvements $ 44,889,124 $ 23,946,126
Other Aeencv Improvements [21
Dublin San Ramon Service District
Sanitary Sewer Work $ 4,477,615 $ 3,388,100
Water System Work 3,680,670 3,000,325
Other Various Agencies
Electrical/Joint Trench 9,282,400 Miscellaneous Construction 12,314,162
Total Other Improvements $ 29,754,847 $ 6,388,425
TOTAL ESTIMATED FACILITIES $ 74,643,971 $ 30,334,551
TOTAL PER LOT ESTIMATED FACILITIES $ 130,269 $ 52,940
Preliminary List of Potential Eligible Fees
Permit Fee Category Fee Per Lot [3] Net Fee Amount
Ci Fees
City of Dublin
Community Park Land In -Lieu Fee Excluded Excluded
Eastern Dublin Freeway Interchange Fee 362 207,237
Eastern Dublin Transportation Impact Fee (average) [4] 12,324 7,061,692
Fire Impact Fee [5] 870 498,510
Neighborhood Park Land In -Lieu Fee Excluded Excluded
Public Facility Impact Fee [6] 6,785 3,887,805
Tri-Valley Transportation Fee (average) [4] 4,513 2,586,207
Total City Impact Fees $ 24,854 $ 14,241,451
Other Aeencv Fees
Alameda County - Zone 7 Water Agency
Zone 7 Drainage Fee ($1.00/SF) [7] $ 2,400 $ 1,375,200
Zone 7 Water Connection (5/81 29,440 16,869,120
Dublin San Ramon Service District [4]
Sewer Connection (averaged) 14,772 8,464,522
Water Connection (averaged) 17,461 10,005,153
Dublin Unified School District
School District Fee - Level II ($7.96/SF) [8] 23,419 13,419,368
Total Other Agency Impact Fees $ 87,493 $ 50,133,363
TOTAL ESTIMATED ELIGIBLE FEES $ 112,347 $ 64,374,814
ELIGIBLE CITY COSTS
ELIGIBLE CITY FACILITIES $ 23,946,126
ELIGIBLE CITY FEES $ 14,241,451
TOTAL ELIGIBLE CITY COSTS $ 66,645 $ 38,187,577
OTHER POTENTIALLY ELIGIBLE COSTS
OTHER ELIGBIBLE FACILTIES $ 6,388,425
OTHER ELIGBIBLE FEES $ 50,133,363
TOTAL OTHER POTENTIALLY ELIGIBLE COSTS $ 98,642 $ 56,521,788
Footnotes:
[1] Assumes all eligible facilities will be acquired by their respective city agency at project completion. Any amounts
that include costs/fees ultimately owned privately or by HOA will not be eligible for financing.
[2] Excluding rough grading, mitigation improvements, parks, and add alts.
[3] Fee data per 7/12/21 Preliminary Cost Estimate Report prepared by MacKay & Somps.
[4] Weighted average used to determine estimated impact fee amounts. Final Fees will differ based on ultimate
product mix.
[5] The Fire Department Fees per unit are assumed to meet all obligations related to Fire Station 18. This does not
match the current fee schedule provided by the city.
[6] Public Facilities Fee is $27,574 less $8,853 Comm. Park land fee, $5,017 Community Park Improvements fee,
$2,932 Neigh. Park improvement fee and $3,987 Neigh. Park land fee.
[7] Builder Fee portion is based on an assumed average impervious area per lot. The average across all product
types assumed by MacKay & Somps is 2,400 square feet.
[8] Weighted average square footage of all product types (2,942 SF) used as per unit base for Level II School District
Fees.
Prepared by DPFG 6/5/2023
370
Exhibit E
CFD Formation Timeline
Major Tasks
Pre -conference meeting to submit financing plan proposal to the City and
special tax consultant.
Kick-off meeting with City staff to agree on proposal and schedule moving
forward.
Prepare Revised Rate and Method of Apportionment and CFD Boundary Map
and submit to City.
City review/comment, revisions, and finalize
City Dublin City Council meets to consider the approval of the Resolution of
Intention generally comprising the following documents:
(i) Resolution of Intention, (ii) Boundary Map, (iii) RMA and Proforma, (iv)
Description of CFD Facilities, and (v) Deposit and Reimbursement Agreement.
City of Dublin City Council meets to consider the approval of the Resolution
of Formation and approval of Joint Community Facilities Agreements, if
applicable. Acquisition Agreement is also approved, if applicable.
Commence CFD appraisal process.
Record Notice of CFD special tax lien.
(Issuance of First Draft of Preliminary Official Statement.
(Issuance of Final Appraisal Report.
(Issuance of Final Preliminary Official Statement.
City Council approves Resolution of Issuance.
Bond Pricing (i.e. interest rate is determined and fixed)
Bond Closing
Cumulative
Number of
Days to
Completion
1 Day
1 Month
1.5 Months
2 Months
5 Months
6.5 Months
8 Months
8 Months
10 Months
11 Months
1 Year
1 Year
1 Year
1 Year,
1 Month
Project Status
Notes:
[a] The Resolution of Formation proceedings must succeed the Resolution of Intention proceedings
by at least 30 days.
371
EAST RANCH
CFD REVISED PROPOSAL
June 20, 2023
!�t
DUBLIN
CALIFORNIA
372
Project Location
• 165.5 acres
• 573 Units
• 6 Neighborhoods
• 2 Public Parks
• 2-acre Public/Semi-
Public Site
CALIFORNIA
KAISER
MEDICAL
Background
• April 18, 2023
— Affordable Housing Proposal
— Formation of Community Facilities District
• Maintenance
• Improvements
Current Request
• Formation of Community Facilities District
— Revised Maintenance CFD
— Revised Improvements CFD
Community Facilities District
• East Ranch Services CFD
— Fund maintenance of public streets and the storm drain system
within the project.
— Park maintenance will no longer be funded.
— Approximate assessment on each unit within the district will be
$381 per year.
— Base tax rate (Ad Valorem) I.26%; adjusted tax rate including the
Services CFD and other special assessments 1.39%.
Community Facilities District
• East Ranch Facilities CFD
— Fund construction of public infrastructure and development impact
fees associated with the project including grading, street
improvements, storm drain, water and sewer facilities.
— Facilitate construction of two neighborhood parks.
Community Facilities District
• East Ranch Facilities CFD
— CFD special tax rate to include both Services and Facilities CFD
will be capped at 1.58%.
— Bonding capacity of the Facilities CFD is estimated to yield $26.9
million in net proceeds; 2% annual escalation; interest rate 5.50%.
— Special Assessments vary between lot/product types and range from
$1,395 - $5,543 per unit (Facilities CFD only).
Recommendation
Receive the presentation and provide feedback
on the Applicant's revised proposal for the
formation of Community Facilities Districts to
fund the maintenance and construction of public
facilities.
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 7.2
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Sister City Program Update: Focus Group Framework Review
Prepared by: John Stefanski, Assistant to the City Manager
EXECUTIVE SUMMARY:
The City Council will receive an update on the Sister City Program and the work completed by the
Sister City Focus Group, the result of which is a framework from which a future Sister City
Association can be established.
STAFF RECOMMENDATION:
Receive the report and provide feedback on the proposed program framework.
FINANCIAL IMPACT:
None.
DESCRIPTION:
At its February 21 meeting, the City Council received an informational report on reinvigorating the
Sister City Program. As a result of this, the City Council directed the City Manager to convene a
Sister City Focus Group to assist in identifying and developing the goals of a reinvigorated Sister
City Program, as well as the process by which community members would be selected to
participate in the ongoing management and development of the program.
The City recruited community members to join the Focus Group from March 29 through April 20
and resulted in the following members:
• Dawn Benson
• Namrata Berry
• Sophie Gao
• Inge Houston
• Kim Hudson
Page 1 of 5
380
• Michelle Smith McDonald
• Eman Tai
• Natasha Triplett
• Georgean Vonheeder-Leopold
The Focus Group met five times and worked to develop (1) a sister city program mission, vision,
and objectives; (2) a sister city selection framework; and (3) a recruitment outreach and
communications strategy. The result of their input is a framework from which a future sister city
association can be established, as described below.
Mission Statement
The Dublin Sister City Program celebrates diverse cities and their vibrant communities by
fostering relationships and partnerships that promote economic development and trade
opportunities, arts and cultural exchanges, and global citizenship.
Vision Statement
Our vision is to create a world where sister city relationships serve as a catalyst for economic
growth, cultural understanding, and internationalism. We envision a future where communities
come together to celebrate their diversity and explore other cultures, creating a more connected
and empathetic world. We aspire to be active participants of such exchanges, where our
community benefits from the shared experiences and relationships forged between sister cities.
Program Objectives
Economic Development and Trade Exchange Program Obiectives
• To identify and develop new business opportunities and partnerships between sister cities
that support economic growth and job creation.
• To facilitate the exchange of quality practices and innovations in industry and trade, as well
as knowledge and expertise in relevant fields.
Cultural Exchange Program Obi ectives
• To promote mutual understanding, and appreciation of diverse cultures and traditions
through artistic and cultural performances, exhibitions, and festivals.
• To facilitate opportunities for locals from sister cities to interact and engage with each
other's cultural heritage, such as through public art, professional and educational
opportunities, cuisine, and other cultural activities.
Youth and Student Exchange Program Obiectives
• To promote cross-cultural learning and exchange among young people from different
backgrounds, developing empathy and global awareness through shared experiences.
• To support the personal and academic growth of young people by providing access to
unique educational opportunities and resources such as student exchange programs,
language immersion, career and technical education, and community service projects.
Page 2 of 5
381
Sister City Selection Criteria
Prior to developing a sister city selection criterion, the Focus Group identified those
characteristics of Dublin that they believe the City could bring to a potential sister city
relationship. These include:
• Outstanding parks
• Robust public art
• Historical assets and connection with heritage
• High quality schools
• Diverse and family -oriented community culture
• Younger community with multi -generational families
• Connection with military
• Software and technology industries
• Vibrant small businesses
With these characteristics in mind, the Focus Group then identified the following considerations to
be utilized when searching for and determining compatibility with a potential sister city.
1) Overarching Considerations
a) Complementary Strengths and Expertise
i) Identify cities with complementary strengths and areas of expertise that can foster
collaboration and knowledge exchange.
b) Track Record of Successful Partnerships
i) Consider cities with a proven track record of successful sister city partnerships,
indicating their commitment to sustained collaboration.
2) Demographic and Geographic Factors
a) Growing Population
i) Seek cities with a similar population growth history, particularly growth related to
urbanization and development.
b) Multicultural and Diverse Populations
i) Look for cities with diverse and multicultural populations.
c) Reasonable Proximity to the City of Dublin
i) Prioritize cities that are reasonably close to the City of Dublin, enabling convenient
travel and fostering regular interaction.
3) Economic Factors
a) Complimentary Economic Strengths and Opportunities
i) Identify cities with complementary economic strengths, providing opportunities for
trade, investment, and business collaboration.
b) Similar Industries or Sectors
i) Consider cities with similar industries, sectors, or composition (i.e., mix of small
businesses).
4) Cultural, Civic, and Educational Factors
a) Reputable Educational Institutions and Universities
i) Give preference to cities hosting reputable educational institutions and universities,
promoting academic partnerships and student exchanges.
b) Shared interest in Robust Networks of Parks, Open Spaces, and Recreational Facilities
Page 3 of 5
382
i) Seek cities with well -developed networks of parks, open spaces, and recreational
facilities.
c) Shared interest in Public Art and Historical Assets
i) Consider cities with a rich cultural heritage, including significant public art installations
and historical landmarks.
5) Miscellaneous Factors
a) Degree of Cooperation between the United States and the Foreign Country
i) Assess the current degree of cooperation between the United States and the potential
sister city in political, economic, commercial, and cultural fields.
b) Compatibility of Governance and Values
i) Evaluate the compatibility of governance structures and shared values to ensure
effective collaboration and mutual understanding.
c) Compatibility of Program Objectives and Priorities
i) Ensure that the objectives and priorities of the sister city program align with those of
the potential city, enhancing the potential for successful collaboration.
Recruitment Process
When forming a new sister city program or association, Sister City International recommends
such work be completed by a community group of individuals who are willing to commit the time,
effort, and resources to standing up the organization and forming long-term relationships with
potential sister cities. Accordingly, the Focus Group recommends the City proceed with a
structured recruitment process that involves a brief application detailing an individual's interest
in this work. These applications will be reviewed and ranked by a neutral selection panel
consisting of one member of the Focus Group, one member of City Staff, and one chair of a City
commission.
Utilizing recommendations from Sister City International and their template association bylaws,
the Focus Group recommends this selection committee choose 8-10 community members to serve
as the inaugural association board. These individuals should be reflective of the City's diversity
and have interests which align with the proposed program objectives developed by the Focus
Group. These selected community members will serve terms ranging from one to three years to
ensure continuity as this effort progresses. The City envisions these community members utilizing
the framework to establish a formal Sister City Association and proceed with cultivating an initial
sister city relationship. The City is proposing that a member of City Staff also serve as an ex-officio
member of this nascent association, initially, to help shepherd its development.
Recruitment Outreach and Communications Strategy
The Focus Group proposes a multi -faceted outreach strategy to ensure people who may be
interested in playing a role in establishing a formal sister city association are made aware of the
opportunity. This includes targeted outreach to residents who are active or have been active with
the City through Inside Dublin, the Community Task Force on Equity, Diversity, and Inclusion, as
well as those residents who may have applied for a board or commission seat but were not
appointed. Other targeted outreach will also include Dublin civic groups including, but not limited
to, the Chamber of Commerce and Dublin Rotary, and then to broader community via the City's
social media channels and outreach at the Farmer's Market.
Page 4 of 5
383
Other Outreach
As a part of this work, City Staff surveyed several community members who were involved with
the former Dublin Sister City Association (DSCA) to learn from their experiences and surface
potential issues that may arise over the course of this work. From this feedback, the greatest
challenge the DSCA experienced was with identifying and recruiting new members and keeping
them active in the Association. These members suggested that future efforts focus on identifying a
sister city that residents in Dublin have some existing connection with. They also expressed a
desire for the City to maintain its strong relationship with Bray, Ireland.
Next Steps
Following feedback from the City Council, Staff will work with the Focus Group to proceed with
the outreach and recruitment strategy.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
Page 5 of 5
384
Sister City Program Update:
Focus Group Framework
June 20,2023
DUBLIN
CALIFORNIA
385
Background
• February 21, City Council Meeting
— Directed staff to convene a Focus Group to develop a
framework for a reinvigorated Sister City Program.
• Focus Group met five times over seven weeks to
develop:
— Program Mission,Vision, Objectives
— Sister City Selection Framework
— Recruitment Outreach and Communications Strategy
Framework Review
• Mission Statement
— The Dublin Sister City Program celebrates diverse cities and
their vibrant communities by fostering relationships and
partnerships that promote economic development and trade
opportunities, arts and cultural exchanges, and global
citizenship.
Program Objectives
Economic
Development
and Trade
Exchanges
Cultural
Exchanges
Youth and
Student
Exchanges
VM
DUBLIN
CALIFORNIA
388
Sister City Selection Criteria
• Overarching
Considerations
— Complementary
strengths and expertise
— Track record of
successful partnerships
• Demographic and
Geographic Factors
— Growing population
— Multicultural/diverse
populations
— Reasonable proximity to
Dublin
Selection Criteria, 2
• Economic Factors
— Complimentary economic
strengths and
opportunities
— Similar mix of industries or
Sectors
• Cultural, Civic, and
Educational Factors
— Reputable educational
institutions and universities
— Shared interested in parks,
open spaces, recreational
facilities, public art and
historical assets
Selection Criteria, 3
• Miscellaneous Factors
— Degree of cooperation between United States and the
foreign country.
— Compatibility of governance and values
— Compatibility of program objectives and priorities
Next Steps
• Proceed with recruitment process
— Looking for 8- I 0 community members to stand up
a Sister City association.
— Brief application process, neutral selection panel.
• Seeking individuals that reflect the City's diversity, and
alignment with the proposed program framework.
Targeted Outreach Strategy
• Residents who are active or have been active with
the City.
— Inside Dublin Grads, CommunityTask Force, etc.
• Dublin Civic Groups
— Rotary, Chamber of Commerce, etc.
• Broader Community Outreach
— Social Media, Farmer's Market
Staff Recommendation
I. Receive the Report
2. Provide feedback on the proposed program
framework.
Questions and Comments
VM
DUBLIN
CALIFORNIA
395
r
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 8.1
DATE: .Line 20, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT: Kaiser Commercial General Plan Amendment Study Initiation Request
Prepared by: Gaspare Annibale, Associate Planner
EXECUTIVE SUMMARY:
The City Council will a consider a request by O&I Development to initiate a General Plan
Amendment Study to evaluate expanding the land use designation of the Kaiser Commercial site to
include assisted living facilities. The 15.85-acre Kaiser Commercial site is designated Medical
Campus/Commercial. O&I proposes to develop the northern 2.75 acres of the Kaiser Commercial
property with an assisted living and memory care facility.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Initiation of a General Plan Amendment Study to Evaluate
Expanding the Medical Campus/Commercial Land Use Designation to Include Assisted Living
Facilities Within Kaiser Commercial; OR adopt the Resolution Denying the Initiation of a General
Plan Amendment Study to Evaluate Expanding the Medical Campus/Commercial Land Use
Designation to Include Assisted Living Facilities Within Kaiser Commercial.
FINANCIAL IMPACT:
All costs associated with preparing the General Plan Amendment Study, if authorized by the City
Council, would be borne by the project proponent.
DESCRIPTION:
Background
The Kaiser Commercial site is approximately 15.85 acres and is located in the Eastern Dublin
Specific Plan area. The site is located south of Dublin Boulevard, north of Interstate 580 between
the Kaiser Permanente Medical Center and the Apex Townhomes. The site is made up of four
individual parcels: Parcel 1 is vacant land where O&I proposes to develop an assisted living and
memory care facility, Parcel 2 is being developed with the Nissan Commercial Car Wash, Parcel 3
is currently vacant, and Parcel 4 includes the new Nissan and Infiniti car dealerships. Refer to
Page 1 of 4
396
Figure 1 and Table 1 below for information about uses surrounding the Kaiser Commercial
property and the project site.
Figure 1. Vicinity Map
L.
f �Minow -- _ % Sri
• "iy1v*
• •�i
I ANi _rr
•• ♦ At•
Multifamily
(Apex
, Townhomes)
`ram_
11111111
Parcel 1
(O&I Project)
Parcel 3
Parcel 4
1-580
Parcel 2 pUBLIN 6L
Nissan Car Wash
Table 1. Adjacent Uses and Land Use Designations
Existing Use
North Residential - The Terraces at Dublin
Ranch Villages
South Vacant Land/I-580
East Kaiser Medical Center
West Apex Townhomes
Land Use Designations
High -Density Residential
Medical Campus/Commercial
Medical Campus
Mixed Use 2/Campus Office
The site has a General Plan land use designation of Medical Campus/Commercial, which
accommodates a range of commercial uses including regional- and community -serving retail,
professional and administrative offices, hotel, entertainment, limited automotive sales, and eating
and drinking establishments. Assisted Living and Memory Care are not allowed in this land use.
The Kaiser Commercial property has Planned Development Zoning (Ordinance No. 03-19). The PD
zoning for the commercial site focuses on uses that will generate revenue to the City. The focus on
revenue -generating uses is unique to this PD and stemmed from the loss of tax revenue as a result
of the uses allowed by the General Plan land use change to Medical Campus to accommodate the
Kaiser Medical Center. Assisted living facilities are not currently allowed with Medical
Campus/Commercial land use or the Planned Development Zoning.
0&I Development is proposing to construct an assisted living facility on the northern 2.75 acres
(Parcel 1) of the property. The proposed project would include a three-story, approximately
Page 2 of 4
397
99,000-square-foot senior care facility that would include 70 assisted living and 30 memory care
resident units. The project would have a mix of studios, one-, and two -bedroom units, and the
senior care facility would be fully licensed by the State of California's Department of Social
Services.
It is the City Council's policy to initiate all General Plan Amendment Studies prior to accepting an
application and beginning work on such a request. O&I Development submitted a letter
requesting that the City Council consider initiating a General Plan Amendment Study to allow
assisted living facilities within the Medical Campus/Commercial land use designation (Attachment
3).
Analysis
If the City Council initiates a General Plan Amendment Study, Staff would then:
1. Determine the associated impacts from the land use amendment.
2. Review the fiscal impact of the proposed land use amendment.
3. Conduct the appropriate level of environmental review and documentation.
4. Perform any additional studies that may be required.
5. Prepare an analysis of the project for consideration by the Planning Commission and the
City Council.
Work on the General Plan Amendment Study would be completed concurrently with processing
the project entitlements that are requested by the Applicant. Those entitlements are anticipated
to include a companion Eastern Dublin Specific Plan Amendment, PD Rezone, and Site
Development Review Permit. Once the General Plan Amendment Study is complete and the project
entitlements have been prepared for consideration, Staff would then bring the application to the
Planning Commission for a recommendation to the City Council. The project would then move
forward to the City Council for consideration.
Staff has prepared draft Resolutions approving and denying the initiation of a General Plan
Amendment Study. The draft Resolutions are included as Attachments 1 and 2.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and a copy of this Staff Report was provided to the applicant
and was made available on the City's website.
ENVIRONMENTAL REVIEW:
Staff recommends that the initiation of the General Plan Amendment Study be found exempt from
the California Environmental Quality Act (CEQA) under Section 15306, Class 6 of the State CEQA
Guidelines (Information Collection).
Page 3 of 4
398
ATTACHMENTS:
1) Resolution Approving the Initiation of a General Plan Amendment Study to Evaluate Expanding
the Medical Campus/Commercial Land Use Designation to Include Assisted Living Facilities
Within Kaiser Commercial
2) Resolution Denying the Initiation of a General Plan Amendment Study to Evaluate Expanding
the Medical Campus/Commercial Land Use Designation to Include Assisted Living Facilities
Within Kaiser Commercial
3) 0&I Development Letter
Page 4 of 4
399
Attachment I
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO EVALUATE
EXPANDING THE MEDICAL CAMPUS/COMMERCIAL LAND USE DESIGNATION TO
INCLUDE ASSISTED LIVING FACILITIES WITHIN KAISER COMMERCIAL
(APNS: 985-0027-025-00, 985-0027-026-00, 985-0027-027-00, AND 985-0027-028-00)
WHEREAS, on April 24, 2023, the City received a letter from O&I Development requesting
that the City Council consider initiating a General Plan Amendment Study to evaluate expanding
the Medical Campus/Commercial land use designation to include assisted living facilities within
Kaiser Commercial; and
WHEREAS, the 15.85-acre Kaiser Commercial site is designated Medical
Campus/Commercial and O&I proposes to develop the northern 2.75-acres of the Kaiser
Commercial property with an assisted living and memory care facility; and
WHEREAS, the General Plan Medical Campus/Commercial land use designation
accommodates a range of commercial uses including regional- and community -serving retail uses,
professional and administrative offices, hotel, entertainment, limited automotive sales, and eating
and drinking establishments; and
WHEREAS, the General Plan Amendment Study initiation request has been reviewed in
accordance with the provisions of the California Environmental Quality Act (CEQA) and was found
to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the General
Plan Amendment Study initiation request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations,
and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve
the initiation of a General Plan Amendment Study to evaluate expanding the Medical
Campus/Commercial land use designation to include assisted living facilities within Kaiser
Commercial.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 400
PASSED, APPROVED AND ADOPTED this th day of 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 401
Attachment 2
RESOLUTION NO. XX — 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DENYING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY TO EVALUATE
EXPANDING THE MEDICAL CAMPUS/COMMERCIAL LAND USE DESIGNATION TO
INCLUDE ASSISTED LIVING FACILITIES WITHIN KAISER COMMERCIAL
(APNS: 985-0027-025-00, 985-0027-026-00, 985-0027-027-00, AND 985-0027-028-00)
WHEREAS, on April 24, 2023, the City received a letter from O&I Development requesting
that the City Council consider initiating a General Plan Amendment Study to evaluate expanding
the Medical Campus/Commercial land use designation to include assisted living facilities within
Kaiser Commercial; and
WHEREAS, the 15.85-acre Kaiser Commercial site is designated Medical
Campus/Commercial and O&I proposes to develop the northern 2.75-acres of the Kaiser
Commercial property with an assisted living and memory care facility; and
WHEREAS, the General Plan Medical Campus/Commercial land use designation
accommodates a range of commercial uses including regional- and community -serving retail uses,
professional and administrative offices, hotel, entertainment, limited automotive sales, and eating
and drinking establishments; and
WHEREAS, in accordance with the provisions of the California Environmental Quality Act
(CEQA) projects that are denied are exempt from environmental review pursuant to Section 15061
(b)(4) of CEQA; and
WHEREAS, a Staff Report was submitted outlining the issues surrounding the General
Plan Amendment Study initiation request; and
WHEREAS, the City Council did hear and consider all such reports, recommendations,
and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby deny
the initiation of a General Plan Amendment Study to evaluate expanding the Medical
Campus/Commercial land use designation to include assisted living facilities within Kaiser
Commercial.
{Signatures on the following page}
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 402
PASSED, APPROVED AND ADOPTED this th day of 2023, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 403
El"gd
DEVELOPMENT
April 24, 2023
Mr. Gaspare Annibale
Associate Planner
City of Dublin
100 Civic Plaza
Dublin, CA 94568
RE: The Ivy at Dublin- General Plan and Eastern Dublin Specific Plan ("EDSP") Amendment Request
Dear Mr. Annibale:
O&I Development ("O&I") is pleased to submit our request to initiate a General Plan and Eastern Dublin
Specific Plan (EDSP) Amendment to accommodate the proposed development, The Ivy at Dublin, an
assisted living and memory care senior community.
The proposed development aims to cater to the rising demand for senior housing services in Dublin and
the Tri-Valley region. Currently, the competing properties, especially memory care communities, are at
full occupancy. Our market analysis predicts a surge of 18% in the population of individuals aged 65 and
above over the next five years, resulting in a substantial rise in the necessity for assisted living and
memory care services. We are confident that this project will provide significant benefits to the senior
citizens and their families in your community.
Project Location
The Ivy at Dublin is situated on a single 2.75-acre parcel (APN: 985-27-25), with frontage on Dublin
Boulevard, between the recently approved commercial car wash (APN: 985-27-26) to the east and
existing townhomes to the west. The land to the south is vacant and anticipated to be of future
commercial use. The subject property is currently an unimproved, vacant, graded lot.
The property is located in the General Plan's Eastern Extended Planning Area Boundary and within the
Eastern Dublin Specific Plan with a land use designation of Medical Campus/Commercial, subject to the
Planned Development Ordinance No. 03-19. Currently, no development plans are approved on the site.
Requested Amendments
While the City's code classifies assisted living as a commercial use (Community Care Facility), the Medical
Care/Commercial land use prescribed uses do not allow a Community Care Facility with 24-hour
residential occupancy. To accommodate the proposed project, O&I proposes amending the General Plan
and EDSP to include community care facilities as an allowed use within the medical campus/commercial
land use designation.
404
C7
The Project
The project is planned as a 3-story, approximately 99,000 square foot senior care community comprising
70 assisted living and 30 memory care resident units. The project will have a mix of studios, one, and
two -bedroom units. The AL/MC community will be fully licensed by the State of California's Department
of Social Services. The community will offer the safety and security of 24-hour staffing and support
services for its residents. The community will have full -service amenities for its residents to use as an
extension of their home.
The following services will be available to the residents, including:
• Three meals a day, served in a variety of dining options including the community's main dining
room, bistro, and lobby lounge.
• Assistance with Activities of Daily Living (ADL's) such as: eating, bathing, dressing, walking and
other personal needs.
• Housekeeping services
• Transportation
• Access to health and medical services
• 24-hour security
• Emergency call systems
• Exercise and wellness programs
• Medication management
• Laundry services
• Social and recreational activities
• Staffing available to help with scheduled and unscheduled needs
We believe the following factors, among others, support our request for consideration in amending the
General Plan and EDSP:
• The project will provide a best -in -class, very high -quality senior care community, fulfilling a vital
need for your senior citizens and their families
• This is a logical location for a high -acuity senior living community, with proximity to
complimentary medical services in the form of the adjacent Kaiser outpatient facility
• The project will generate approximately 45-65 positions (part and full time) to the local
community
• The project presents an excellent opportunity to create a gateway property and provide an
excellent transition from the residential high -density residential uses to the west and north to
the commercial uses to the east
• The project has excellent access and visibility on Dublin Boulevard, for residents, their children,
and employes
• Given that the residents' average age is over 80 and with scheduled employee shifts "off peak"
traffic timeframes, the Project will have minimal impacts of traffic and public facilities
• The project will have no impact on local schools
3 Park Plaza I Suite 1920 I Irvine CA 192614
405
C7
• As an elderly community, the property will be very quiet, ensuring peaceful surroundings for
neighbors
• Due to the site's infill location, minimal biological impacts are anticipated, and only minor
extensions of utilities would be required for development
Based on these factors, O&I Development requests the City of Dublin consider our proposed General
Plan and EDSP Amendment.
Please let us know if any additional information would be helpful in making your decision and we look
forward to working with you to bring a high -quality assisted living and memory care senior community to
the City of Dublin.
Sincerely,
..,,..,.......2
Colin M. Bagwell, CFA
O&I Development
3 Park Plaza I Suite 1920 I Irvine CA 192614
406
Kaiser Commercial
General Plan Amendment
Study Initiation Request
City Council Meeting
June 20, 2023
DUBLIN
CALIFORNIA
407
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DUBLIN
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409
General Plan Amendment Study
• Evaluate expanding the land use designation to
include assisted living facilities
• Future development proposal:
— 99,000 s.f. senior care facility
— 70 assisted living units
— 30 memory care units
General Plan Amendment Study
• If the City Council initiates a General Plan Amendment
Study, Staff would then:
I. Determine the associated impacts from the land use
amendment;
2. Review the fiscal impact of the proposed land use amendment;
3. Conduct the appropriate level of environmental review and
documentation;
4. Perform any additional studies that may be required; and
5. Prepare an analysis of the project for consideration by the
Planning Commission and the City Council.
Environmental Review
• Categorically exempt from the requirements
of CEQA pursuant to CEQA Guidelines
Section 15306, Class 6 (Information
Collection).
Recommendation
• Adopt the Resolution Approving the Initiation of a General
Plan Amendment Study to Evaluate Expanding the Medical
Campus/Commercial Land Use Designation to Include
Assisted Living Facilities Within Kaiser Commercial; OR
• Adopt the Resolution Denying the Initiation of a General
Plan Amendment Study to Evaluate Expanding the Medical
Campus/Commercial Land Use Designation to Include
Assisted Living Facilities Within Kaiser Commercial.
s�
STAFF REPORT
DUBLIN CITY COUNCIL
CALIFORNIA
DATE:
TO:
FROM:
SU B.ECT:
June 20, 2023
Honorable Mayor and City Councilmembers
Linda Smith, City Manager
Preview of the People of the Parks (P.O.P.) Program
Prepared by: Anthony Calvo, Recreation Supervisor
EXECUTIVE SUMMARY:
Agenda Item 8.2
The City Council will receive a preview of a new program being developed by the Parks and
Community Services Department. The People of the Parks (P.O.P) is being launched to encourage
residents, community organizations, and Dublin businesses to participate in park beautification
and environmental stewardship. The P.O.P. program will launch in Summer 2023.
STAFF RECOMMENDATION:
Receive the presentation and provide feedback.
FINANCIAL IMPACT:
Initial costs and program expenses for the first year are estimated to be between $5,000 and
$10,000. This cost will be absorbed in the Fiscal Year 2023-2024 Adopted Budget. Any necessary
ongoing budget adjustments to ensure program sustainability will be made during the annual
budget process and will be subject to City Council approval.
DESCRIPTION:
Background
At its meeting on February 21, 2023, the City Council requested that Staff investigate programs
and alternative ways to promote ongoing beautification of City parks, trails, and sidewalks while
addressing concerns about litter buildup. Based on this request, Staff began researching similar
programs operated by other jurisdictions throughout the Bay Area and the State of California.
Many jurisdictions have programs such as Friends of the Parks/Trails, Park/Trail Ambassadors,
and the like. Staff has developed a program that is similar but is specifically tailored to the City of
Dublin.
Page 1 of 3
414
People of the Parks (P.O.P.) Program
P.O.P. is an ongoing, incentivized program encouraging community efforts to "Keep Dublin Clean &
Green." The program is designed for residents already frequenting parks, sidewalks, and trails and
empowers them to support City beautification efforts by carrying a litter stick and bag and
keeping those areas free of litter and debris. The program is also designed for people who might
not actively use City facilities and amenities but want to start getting involved in taking care of
their community.
In addition to individualized efforts, group efforts with the ability to adopt a park, trail, or any
other agreed -upon location will be recognized. This framework is designed for families,
community groups, organizations, and local businesses.
Program participants will be provided with vests or tee-shirts created specifically for this program
to make them easily identifiable and assist with educating others about the program.
P.O.P. Program Details
• Program Launch - July/August 2023
• Youth Component - "Park Patrol" will be a branded campaign focusing on preschool and
elementary -aged youth participating with family members.
• Program Locations - All City parks, trails, and other outdoor facilities/amenities.
o Individual efforts may be specific to certain trails, neighborhoods, etc. Participants
will be asked to provide location details upon registration.
o Group efforts will focus on parks and trails, with larger parks and trail sections
being divided to allow for increased participation. City Staff may also create specific
areas tailored to an organization's needs.
o Staff will maintain a comprehensive database that details volunteer efforts and
locations.
• Equipment - Upon registration, participants will receive a litter stick, gloves, a program -
specific vest or tee-shirt, and a reusable litter collection bag.
• Program Tracking - Hours will be tracked on the honor system using easy -to -complete
online forms. Participants will be asked to track hours on a per -occurrence basis and
submit them for review quarterly.
• Requirements - Registration with the City and completion of a Volunteer Waiver.
o There are no hour minimums for individualized efforts, although participants are
expected to have some level or re -occurring schedule of participation. This can be
daily, weekly, bi-weekly, etc. There is no specific term commitment, which can be
ongoing for as long as the participant wants to continue.
o There are hour minimums on a monthly basis for groups that adopt a specific
location.
■ Families are expected to complete eight hours per month (i.e., a family of four
Page 2 of 3
415
volunteers twice a month, one hour each for each effort). This equates to
approximately 100 hours per year.
■ Organizations/Community Groups/Businesses are expected to complete 16
hours per month or approximately 200 hours per year.
■ Group efforts are expected to commit at least one year to the program and
will have the discretion to continue longer.
• Incentives - Incentives will be provided quarterly, depending on the number of completed
hours. Hours completed will equate to the number of entries into quarterly raffle drawings.
Prizes awarded will include City- and program -branded gifts, gift cards to local businesses,
free or reduced passes to The Wave, and free or reduced passes to other City programs
such as the Shamrock 5k, etc. The estimated value and/or cost for incentives is estimated to
be around $2,000 annually.
• Sponsorships - Staff will seek cash and in -kind donations to help offset program costs, such
as litter pickup kits. In -kind donations will also be made available as part of the incentives
raffled off each quarter.
Next Steps
Following feedback from the City Council, Staff will begin preparing the program for launch,
including developing marketing and outreach materials, procuring supplies, creating registration
and tracking forms, and completing other administrative tasks necessary.
The Parks and Community Services Department will review P.O.P. annually to ensure program
outcomes are being met. Modifications, if necessary, will be made to meet the specific needs of
participants and the community.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
Page 3 of 3
416
Preview of the
People of the Parks (RO.R) Program
June 20, 2023
DUBLIN
CALIFORNIA
417
Background
• Follow up on a request made at the February 21, 2023, City Council meeting.
• Research/Review of similar programs such as Friends of Groups, Park/Trail
Ambassadors/Stewards — Led to the development of a program specifically
tailored to Dublin.
• People of the Parks (RO.R)
— Ongoing, incentivized program encouraging community efforts to "Keep Dublin Clean & Green"
— Designed for residents already frequenting parks, sidewalks, and trails as well as those who might not
— Empowers participants to support City beautification efforts and take care of their community
P.O.P. Program
• Youth,Adult, and Family Component — Self -tracked incentivized program
• Business, Group,Team, Organization Component - Commit a specific park/trail/street location within the City
• Program Start -Up
— Pre -Registration Required
— VolunteerWaiver on file with the City
— City Provided Equipment - Litter stick, gloves, vest or tee-shirt, and a reusable litter collection bag
• Incentives
— Quarterly drawing
— Dependent on hours logged
— City branded gifts, gift cards to local businesses, and City programs
• Next Steps
— Seek feedback
— Launch Summer 2023
— Annual Review
R4
DUBLIN
CALIFORNIA
419
Questions?
420