HomeMy WebLinkAbout*April 5, 2022 Regular City Council Meeting PacketApril 05, 2022 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember
Regular Meeting of the DUBLIN CITY COUNCIL
Tuesday, April 5, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Additional Meeting Procedures Available During the COVID-19 Pandemic
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.org and
on the City’s website at: https://dublin.ca.gov/ccmeetings
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, April 5, 2022. Upon submission, you will
receive Zoom link information from the City Clerk. Speakers slips will be accepted
until the staff presentation on an agenda item ends, or until the public comment
period on non-agenda items is closed.
Once connected 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.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
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April 05, 2022 Dublin City Council Regular Meeting Agenda 2
3. ORAL COMMUNICATIONS
3.1 Friends of the Dublin Library Presentation and Presentation of Library Week
Proclamation
The City Council will receive a presentation from the Friends of the Dublin Library and
present the Library Week proclamation.
STAFF RECOMMENDATION:
Receive the presentation and present the proclamation.
Staff Report
Attachment 1 - Library Week Proclamation
3.2 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the
podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3)
MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing
on the posted agenda. The Council may respond to statements made or questions asked, or may request
Staff to report back at a future meeting concerning the matter. Any member of the public may contact the
City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The
exceptions under which the City Council MAY discuss and/or take action on items not appearing on the
agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval
by the City Council with one single action. Members of the audience, Staff or the City Council who
would like an item removed from the Consent Calendar for purposes of public input may request
the Mayor to remove the item.
4.1 Approval of the March 15, 2022 Regular City Council Meeting Minutes
The City Council will consider approval of the minutes of the March 15, 2022 Regular City
Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 15, 2022 Regular City Council Meeting.
Staff Report
Attachment 1 - March 15, 2022 Regular City Council Meeting Minutes
4.2 Amendments to Agreements for Senate Bill 1383 Implementation Assistance and
Solid Waste Franchise Agreement Support
The City Council will consider approving amendments to agreements for Senate Bill 1383
Implementation Assistance and for Solid Waste Franchise Agreement Support.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Amendment #1 to the Contractor Services Agreement
Between the City of Dublin and Cascadia Consulting Group Inc. for Senate Bill 1383
Implementation Assistance; and adopt the Resolution Approving Amendment #1 to the
Contractor Services Agreement Between the City of Dublin and HF&H Consultants, LLC
for Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation.
Staff Report
Attachment 1 - Resolution Approving Amendment #1 to the Contractor Services
Agreement Between the City of Dublin and Cascadia Consulting Group Inc. for Senate Bill
1383 Implementation Assistance
Attachment 2 - Exhibit A to the Resolution - Amendment #1 to Contractor Services
Agreement Between the City of Dublin and Cascadia Consulting Group, Inc.
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April 05, 2022 Dublin City Council Regular Meeting Agenda 3
Attachment 3 - Resolution Approving Amendment #1 to the Contractor Services
Agreement Between the City of Dublin and HF&H Consultants, LLC for Solid Waste
Franchise Agreement Amendment and Senate Bill 1383 Implementation
Attachment 4 - Exhibit A to the Resolution - Amendment #1 to Contractor Services
Agreement Between the City of Dublin and HF&H Consultants, LLC
Attachment 5 - Contractor Services Agreement between the City of Dublin and Cascadia
Consulting Group, Inc.
Attachment 6 - Contractor Services Agreement between the City of Dublin and HF&H
Consultants, LLC
4.3 Application for Grant Funds from the Recreational Trails Program for the Iron Horse
Nature Park and Open Space Project, CIP No. PK0422
The City Council will consider approving the application for grant funds from the
Recreational Trails Program for the Iron Horse Nature Park and Open Space project, CIP
No. PK0422.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Application for Grant Funds from the Recreational
Trails Program for the Iron Horse Nature Park and Open Space Project, CIP No. PK0422.
Staff Report
Attachment 1 - Resolution Approving the Application for Grant Funds from the
Recreational Trails Program
Attachment 2 - CIP No. PK0422
4.4 Appointing Directors to Pooled Liability Assurance Network (PLAN) Joint Powers
Authority (JPA) to Represent the City of Dublin
The City Council will designate employees to represent the City of Dublin on the Board of
Directors to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA).
STAFF RECOMMENDATION:
Adopt the Resolution Rescinding Resolution No. 09 - 20 and Appointing Directors to PLAN
JPA on Behalf of the City of Dublin.
Staff Report
Attachment 1 - Resolution Rescinding Resolution No. 09-20 and Appointing Directors to
PLAN JPA on Behalf of the City of Dublin
Attachment 2 - Resolution 09-20
4.5 Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9
(Subdivisions) (PLPA-2021-00050)
The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning)
and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity
and More Efficiency (HOME) Act, which allows homeowners to split their single-family
lot and/or build additional units. The proposed amendments would regulate the number
and type of residential units, establish occupancy requirements, and establish objective
design and development standards for projects allowed by SB 9. The first reading of the
Ordinance approving the amendments was held at the March 15, 2022 Regular City
Council Meeting. The City Council is now being asked to waive the second reading and
adopt the Ordinance.
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April 05, 2022 Dublin City Council Regular Meeting Agenda 4
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to Dublin
Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective
Citywide.
Staff Report
Attachment 1 - Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9
(Subdivisions) to Implement Senate Bill 9 Effective Citywide
Attachment 2 - March 15, 2022 City Council Staff Report
4.6 Default of Non-Residential Electricity Accounts to East Bay Community Energy
Renewable 100 Power
The City Council will consider setting the default electricity for non-residential accounts
to East Bay Community Energy’s Renewable 100 power in support of Climate Action Plan
2030 and Beyond goals to reduce greenhouse gas emissions. East Bay Community Energy
is the City of Dublin’s energy provider and has supplied municipal accounts with
Renewable 100 electricity since July 1, 2019, and residential accounts since January 1,
2022. Renewable 100 provides California-based wind and solar power which is 100%
renewable and carbon-free.
STAFF RECOMMENDATION:
Adopt the Resolution Requesting East Bay Community Energy Enroll City of Dublin Non-
Residential Accounts in Renewable 100 as the Default Electricity Product.
Staff Report
Attachment 1 - Resolution Requesting East Bay Community Energy Enroll City of Dublin
Non-Residential Accounts in Renewable 100 as the Default Electric Product
Attachment 2 - March 1, 2022 City Council Staff Report (without attachments)
4.7 Change Order No. 1 for Amended and Restated Energy Services Contract Between
the City of Dublin and Engie Services, Inc. (formerly OpTerra Energy Services, Inc.)
The City Council will consider approval of a change order to the contract with Engie
Services, Inc. (formerly OpTerra Energy Services, Inc.) for operation and maintenance of
City solar panels to add the Public Safety Complex into the scope of work.
STAFF RECOMMENDATION:
Adopt the Resolution Approving Change Order No. 1 to the Amended and Restated
Energy Services Contract for Operation and Maintenance between the City of Dublin and
Engie Services, Inc. (formerly OpTerra Energy Services, Inc.) to add the Public Safety
Complex into the scope of work.
Staff Report
Attachment 1 - Resolution Approving Change Order #1 to the Amended and Restated
Agreement between the City of Dublin and Engie Services, Inc. (formerly OpTerra Energy
Services)
Attachment 2 - Exhibit A to the Resolution - Change Order No.1 to the Amended and
Restated Agreement
4.8 Amendment to the Memorandum of Understanding for the Dublin Place Shopping
Center
The City Council will consider approval of a second amendment to the Memorandum of
Understanding with ASVRF 7300 Amador, LP (as successor in interest to ASVRF
Acquisitions, LLC), ASVRF Dublin Place, LP, and ASVRF 6960 Amador, LP regarding
Dublin Place Shopping Center. The Amendment includes a 14-month term extension.
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April 05, 2022 Dublin City Council Regular Meeting Agenda 5
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Second Amendment to the Memorandum of
Understanding regarding Dublin Place Shopping Center.
Staff Report
Attachment 1 - Resolution Approving a Second Amendment to the Memorandum of
Understanding Regarding Dublin Place Shopping Center
Attachment 2 - Exhibit A to the Resolution - Second Amendment to the Memorandum of
Understanding (Dublin Place Shopping Center)
Attachment 3 - Resolution No. 107-19 Approving a Memorandum of Understanding
Regarding Dublin Place Shopping Center
Attachment 4 - Resolution No. 26-21 Approving a First Amendment to the Memorandum
of Understanding (Dublin Place Shopping Center)
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Weed and Combustible Refuse Abatement Order
The City Council will conduct the public hearing in accordance with Resolution 06-22
(adopted February 1, 2022) declaring that there is a public nuisance created by weeds and
combustible debris growing and accumulating upon the streets, sidewalks, and property
in the City of Dublin. Notice of this declaration was posted and letters sent to those
property owners with violations.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed
abatement process.
Staff Report
Attachment 1 - Resolution 06-22 Declaring Weeds and Combustible Refuse a Public
Nuisance and Ordering the Abatement Thereof
Attachment 2 - Notice to Destroy or Remove Weeds and Refuse 2022
Attachment 3 - First Notice Letter
7. UNFINISHED BUSINESS
7.1 First Reading of Ordinance Amending Dublin Municipal Code Sections 2.08.020 and
2.08.040 and Providing for an Increase for in Salary for Members of the City Council
and the Mayor
The City Council will introduce an ordinance revising the Dublin Municipal Code to
provide for a salary adjustment for City Councilmembers and the Mayor following
certification of the November 2022 General Municipal Election.
STAFF RECOMMENDATION:
Waive the reading and INTRODUCE the Ordinance Amending Dublin Municipal Code
Sections 2.08.020 and 2.08.040 Providing for an Increase in the Salary for Members of the
City Council and Mayor.
Staff Report
Attachment 1 - Ordinance Amending Dublin Municipal Code Sections 2.08.020 and
2.08.040 and Providing for an Increase in Salary for Members of the City Council and the
Mayor
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April 05, 2022 Dublin City Council Regular Meeting Agenda 6
Attachment 2 - Dublin Municipal Code Chapter 2.08
8. NEW BUSINESS – None.
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and
reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by Section
202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal
rules and regulations adopted in implementation thereof. To make a request for disability-
related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at
least 72 hours in advance of the meeting.
Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment,
fosters new opportunities, provides equity across all programs, and champions a culture of diversity
and inclusion.
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STAFF REPORT
CITY COUNCIL
Page 1 of 1
Agenda Item 3.1
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Friends of the Dublin Library Presentation and Presentation of Library Week ProclamationPreparedby:Colleen Tribby,Assistant City Manager
EXECUTIVE SUMMARY:The City Council will receive a presentation from the Friends of the Dublin Library and present the Library Week proclamation.
STAFF RECOMMENDATION:Receive the presentation and present the proclamation.
FINANCIAL IMPACT:None.
DESCRIPTION:The City Council will receive a presentation from the Friends of the Dublin Library and present the Library Week proclamation.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1)Library Week Proclamation
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STAFF REPORT
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Agenda Item 4.1
EXECUTIVE SUMMARY:The City Council will consider approval of the minutes of the March 15, 2022 Regular City Council Meeting.
STAFF RECOMMENDATION:Approve the minutes of the March 15, 2022 Regular City Council Meeting.
FINANCIAL IMPACT:None.
DESCRIPTION:The City Council will consider approval of the minutes of the March 15, 2022 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1)March 15, 2022 Regular City Council Meeting Minutes
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Approval of the March 15, 2022 Regular City Council Meeting MinutesPreparedby:Marsha Moore,MMC,City Clerk
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MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: March 15, 2022
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2022
Attachment 1
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: https://dublin.ca.gov/ccmeetings
Pursuant to Government Code §54953(b), this meeting included a remote location at the Rose Garden
Boardroom, Marriott Marquis, 901 Massachusetts Ave NW, Washington, DC 20001. Vice Mayor Josey
attended the Regular Meeting remotely. All votes during the remote session were conducted by roll call
vote.
A Regular Meeting of the Dublin City Council was held on Tuesday, March 15, 2022, in the
City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez.
1)CALL TO ORDER
Attendee Name Status
Melissa Hernandez, Mayor Present
Jean Josey, Vice Mayor Present (via Zoom)
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2)PLEDGE OF ALLEGIANCE
3)ORAL COMMUNICATIONS
3.1)Remarks from Doireann O’Brien, Vice Consul of Ireland-Western United
States
The City Council received remarks from Doireann O’Brien, Vice Consul of Ireland-Western
United States.
3.2)2021 Volunteer Recognition Winners
The City Council recognized the following award recipients: Steve Wright, City of Dublin 2021
Citizen; Summer Shi, Young Citizen; Breaking BEARriers, Organization of the Year; John
Samples, the 2022 Mayor's Award; and Eddie Jo Mack, Mayor's Legacy Award.
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2022
3.3)Arts Education Month (March 2022) & Arts, Culture, and Creativity Month
(April 2022) Proclamation and Recognition of Janet Lockhart and Claudia
McCormick
The City Council presented the Arts Education Month (March 2022) & Arts, Culture, and
Creativity Month (April 2022) proclamations and recognized Janet Lockhart and Claudia
McCormick for their contributions to the arts in the City of Dublin.
Shawn Costello provided public comment.
3.4)Employee Introduction
The City Council welcomed the new City of Dublin Staff member, Jeff Gallegos, Code
Enforcement Officer with Community Development.
3.5)Public Comment
Shirley Lewandowski provided public comment.
Rosel Trolan provided public comment.
Jennifer Situ provided public comment.
Shawn Costello provided public comment.
Setareh A. provided public comment.
4)CONSENT CALENDAR
4.1)Approved the March 1, 2022 Regular City Council Meeting Minutes.
4.2)Approved the 40th Anniversary Temporary Public Art Lawn Display proposals as
recommended by the Heritage and Cultural Arts Commission.
4.3)Approved the following proclamations for the month of April in the City of Dublin:
Arbor Day, Child Abuse Prevention Month, Donate Life Month, Fair Housing Month,
Financial Capability Month, Second Chance Month, Sexual Assault Awareness and
Prevention Month, and Library Week.
4.4)Received a report of payments issued from February 1, 2022 -February 28, 2022 totaling
$9,030,040.83.
4.5)Adopted Resolution No. 19-22 titled, “Approving the Memorandum of Agreement with
Fort Hunter Liggett for Historic Camp Parks Sign Relocation,” and adopted Resolution
No. 20-22 titled, “Approving a Consulting Services Agreement with Page and Turnbull
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2022
for Design Services for the Restoration/Rehabilitation and Relocation of the Historic
Camp Parks Entrance Sign and Guard Shack.”
4.6)Adopted Resolution No. 21-22 titled, “Approving the Cities of Dublin and Pleasanton
Disaster Debris Management Plan.”
4.7)Adopted Ordinance No. 02-22 titled, “Repealing Ordinance No. 11-21 Which Amended
the Zoning Map and Approved a Planned Development Zoning District Related Stage 2
Development Plan and CEQA Findings for the East Ranch Project PLPA 2020-00028
(APNs 905-0002-001-01 and 905-0002-002-00).”
4.8)Received the Annual Progress Report and directed Staff to forward it to the Governor’s
Office of Planning and Research and California Department of Housing and Community
Development.
4.9)Received the report through the second quarter for Fiscal Year 2021-22 and approved the
Fiscal Year 2021-22 Budget change.
4.10)Adopted Resolution No. 22-22 titled, “Approving an Agreement with Safe Slide
Restoration for Waterslide Repairs at The Wave Without Conducting a Formal Public
Bid Process.”
4.11)Continued the Public Hearing for the Parks and Recreation Master Plan to a future date
uncertain.
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Shawn Kumagai, Councilmember
SECOND:Jean Josey, Vice Mayor
AYES:Hernandez, Josey, Kumagai, McCorriston, Hu
5)WRITTEN COMMUNICATION –None.
6)PUBLIC HEARING
6.1)Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9
(Subdivisions) (PLPA-2021-00050)
The City Council received a presentation regarding amendments to Dublin Municipal Code Titles
8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing
Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-
family lot and/or build additional units.
Mayor Hernandez opened the public hearing.
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2022
Richard Li provided public comment.
Mayor Hernandez closed the public hearing.
On a motion by Vice Mayor Josey, seconded by Councilmember Hu, and by unanimous vote the
City Council waived the reading, introduced the Ordinance Approving Amendments to Dublin
Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective
Citywide as amended removing Sections 8.81.060 and 9.54.070 regarding housing affordability,
and adopted Resolution No. 23-22 titled, “Amending the Master Fee Schedule by Establishing
One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit
Developments.”
RESULT:ADOPTED [UNANIMOUS]
MOVED BY:Jean Josey, Vice Mayor
SECOND:Dr. Sherry Hu, Councilmember
AYES:Hernandez, Josey, Kumagai, McCorriston, Hu
Mayor Hernandez called for a recess at 9:11 p.m.
Mayor Hernandez resumed the meeting at 9:17 p.m.
7)UNFINISHED BUSINESS
7.1)Housing Element Update Check-In
The City Council received a status report on the Housing Element Update for the 2023-2031
planning period, including a presentation on the updated Preliminary Sites Analysis, policy
framework, and project schedule.
By consensus, the City Council directed Staff to proceed with Option C to distribute the
remaining need, proceed with the selection of sites identified in Downtown Dublin, and include
Downtown RHNA units outside of the Downtown Dublin Development Pool.
8)NEW BUSINESS -None.
9)OTHER BUSINESS
The City Council and/or Staff provided brief information only reports, including committee
reports and reports by City Council related to meetings attended at City expense (AB1234).
By consensus, the City Council directed Staff to place a proclamation for Library Week on the
April 5 meeting agenda and invite the Friends of the Dublin Library to attend and present.
10)ADJOURNMENT
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DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 15, 2022
Mayor Hernandez adjourned the Regular meeting at 10:30 p.m.
Mayor
ATTEST:
City Clerk
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.2
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Amendments to Agreements for Senate Bill 1383 Implementation Assistance and Solid Waste Franchise Agreement Support Prepared by:Michelle Sung,Environmental Technician
EXECUTIVE SUMMARY:The City Council will consider approving amendments to agreements for Senate Bill 1383 Implementation Assistance and for Solid Waste Franchise Agreement Support.
STAFF RECOMMENDATION:Adopt the Resolution Approving Amendment #1 to the Contractor Services Agreement Between the City of Dublin and Cascadia Consulting Group Inc.for Senate Bill 1383 Implementation Assistance;and adopt the Resolution Approving Amendment #1 to the Contractor Services Agreement Between the City of Dublin and HF&H Consultants, LLC for Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation.
FINANCIAL IMPACT:The amendment to the agreement with Cascadia Consulting Group, Inc. increases the not-to-exceed compensation by $131,220, for a total contract amount (since project inception) of$407,610. The amendment to the agreement with HF&H Consultants, LLC extends the term for 12 months, through June 30, 2024,(for a total contract term of three years) and increases the not-to-exceed compensation by $112,000, for a total contract amount (since project inception) of $223,075. Both agreements are 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 on the General Fund.
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Page 2 of 3
DESCRIPTION:At the June 1, 2021 meeting, the City Council approved a Contractor Services Agreement with Cascadia Consulting Group, Inc. for Senate Bill (SB) 1383 Implementation Assistance (Attachment 5). The proposed Amendment #1 will add scope of work to conduct route reviews as required by SB 1383 and to increase the compensation for the additional work. The following list summarizes the additional tasks that will be completed:
Conduct annual lid lift assessments to identify contamination in containers randomly selected on all hauler routes (residential and commercial).
Design educational cart tags for placement on the cart during route review.
Track and report on route review data.At the June 1, 2021 meeting, the City Council approved a Contractor Services Agreement with HF&H Consultants, LLC for Solid Waste Franchise Agreement Amendment and SB 1383 Implementation (Attachment 6). The proposed Amendment #1 will do the following: increase the compensation to account for more negotiation assistance than previously anticipated; add scope of work to provide as-needed franchise agreement technical assistance; extend the term of services by 12 months to June 30, 2024, for a total contract term of three years; and increase the compensation to fund the additional scope of work. The following list summarizes the additional tasks that will be completed on a time-and-materials basis:
As needed, assist with tasks associated with monitoring, managing, analyzing, benchmarking, negotiating, and providing input regarding the City’s solid waste, recyclables, organics materials collection, and post-collection contract.
As needed, assist with various tasks associated with the rates, charges, and costs of service related to the City’s solid waste, recyclables, organics materials collection, and post-collection operations.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving Amendment #1 to the Contractor Services Agreement Between the City of Dublin and Cascadia Consulting Group, Inc. for Senate Bill 1383 Implementation Assistance2) Exhibit A to the Resolution – Amendment #1 to Contractor Services Agreement Between the City of Dublin and Cascadia Consulting Group, Inc.3) Resolution Approving Amendment #1 to the Contractor Services Agreement Between the City of Dublin and HF&H Consultants, LLC for Solid Waste Franchise Agreement Amendment and Senate Bill 1383 Implementation
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Page 3 of 3
4) Exhibit A to the Resolution – Amendment #1 to the Contractor Services Agreement Between the City of Dublin and HF&H Consultants, LLC5) Contractor Services Agreement between the City of Dublin and Cascadia Consulting Group, Inc.6) Contractor Services Agreement between the City of Dublin and HF&H Consultants, LLC
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND CASCADIA CONSULTING GROUP INC. FOR SENATE BILL 1383
IMPLEMENTATION ASSISTANCE
WHEREAS,in February 2021, the City issued a Request for Proposals (RFP) for California
Senate Bill (SB) 1383 Implementation Assistance for support with program development and
implementation efforts; and
WHEREAS,Staff reviewed and evaluated the proposals in accordance with the RFP rating
criteria and determined that Cascadia Consulting Group, Inc. best met the City desired scope of
services, based on quality, completeness of the submission, and the firm’s experience with
engagements of similar scope and complexity; and
WHEREAS,on June 1, 2021, the City Council approved a Contractor Services Agreement with
Cascadia Consulting Group Inc. for SB 1383 implementation assistance; and
WHEREAS,the City and Contractor mutually desire to amend the Agreement to increase the
scope of work and increase the compensation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve Amendment #1 to the Contractor Services Agreement with Cascadia Consulting Group Inc.,
attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment
to the agreement and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Page 1 of 3
AMENDMENT #1 TO CONTRACTOR SERVICES AGREEMENT
BETWEEN THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.
WHEREAS, on June 2, 2021, the City of Dublin (hereinafter referred to as
"CITY") and Cascadia Consulting Group, Inc. (hereinafter referred to as " CONTRACTOR ")
entered into a Contractor Services Agreement for SB 1383 Implementation Assistance
(hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the CONTRACTOR continues to complete scope of work in the
existing AGREEMENT; and
WHEREAS, the CITY and CONTRACTOR mutually desire to amend the
AGREEMENT to add scope of work as described in Exhibit A and increase compensation.
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 2 shall be rescinded in its entirety and replaced with the following:
COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed
$407,610, 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
Attachment 2
19
Page 2 of 3
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.
3)Revised Exhibit A (Scope of Services) of the AGREEMENT is amended per the
attached.
4)Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
5)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.
6)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
20
Page 3 of 3
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 CASCADIA CONSULTING GROUP, INC
By: _____________________________ By: _____________________________
Linda Smith, City Manager Julie Bryant, Director
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
21
EXHIBIT A
SCOPE OF SERVICES
The Contractor will be required to deliver technical assistance to businesses, multifamily
properties, and edible food generators in Dublin to ensure compliance with SB 1383. The
Contractor will be required to conduct the following tasks on an ongoing basis.
Tasks:
1.Conduct waste assessments to identify businesses and/or multifamily properties
that are eligible to receive SB 1383 De Minimis Waivers. Coordinate with Amador
Valley Industries (AVI) on planned activities.
2.In coordination with City staff, develop and implement an outreach plan for
businesses, single-family homeowners, and multifamily properties on SB 1383
requirements. Contractor will also coordinate with AVI on planned activities, work
with customers to implement new compost programs, provide cost analyses,
education and outreach, and coordinate with AVI as needed to implement service
level changes.
3.Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey
SB 1383 requirements, support set up of edible food donation programs, and
confirm written agreements are in place with food recovery organizations, if any.
4.Conduct an analysis and provide a plan to help the City identify SB 1383
procurement options. The analysis shall include an estimate of compost/mulch
quantities that could be applied to parks, open space, right-of-way, and other City
owned property and shall also consider other options that would satisfy the
procurement requirement (e.g. partnering with direct service providers and/or
special districts).
5.Provide a report on potential SB 1383 data tracking and management options,
including proprietary and non-proprietary database and reporting systems.
6.SB 1383 Route Review. Conduct lid lift assessments to identify contamination in
containers randomly selected on all hauler routes. Contractor shall coordinate with
the City to randomly select customers for monitoring. Contractor shall design
educational cart tags for placement on the cart during route review. Upon finding
prohibited contaminants, an educational tag shall be left on the container notifying
the generator. If prohibited contaminants are not noted, a tag shall be left on the
container notifying the generator that they are sorting properly. Route review data
shall be tracked in a database selected by the City. Contractor shall coordinate with
the City’s franchised waste hauler to minimize disruption to normal waste collection
activities and route review results shall also be shared.
7.Track activities and progress towards objectives.
8.Assist with other SB 1383 related items as needed.
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Deliverables
At minimum, deliverables for this project shall include one-time and Quarterly Reports that
include the following:
1.Community outreach plan for SB 1383 compliance.
2.Compost procurement options report.
3.Database tracking and management report.
4.Activity tracking for outreach and recommendations provided to businesses and
multifamily properties.
5.Documentation of businesses or multifamily properties that qualify for De Minimis
waivers including location, date of assessment, and name of generator that qualifies
for waiver.
6.Documentation of outreach provided to edible food generators, and list of generators
that have contracts with food recovery organizations.
23
Attachment 3
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 1
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENT #1 TO THE CONTRACTOR SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND HF&H CONSULTANTS, LLC FOR SOLID WASTE FRANCHISE
AGREEMENT AMENDMENT AND SENATE BILL 1383 IMPLEMENTATION
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 determined that HF&H Consultants, LLC met the City’s desired scope of services, based
on quality, completeness of the submission, and the firm’s experience with engagements of similar
scope and complexity; and
WHEREAS,on June 1, 2021, the City Council approved a Contractor Services Agreement with
HF&H Consultants LLC for solid waste franchise agreement amendment and SB 1383 implementation
services; and
WHEREAS,the City and Contractor mutually desire to amend the Agreement to increase the
scope of work, increase the compensation, and extend the contract term to June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve Amendment #1 to the Contractor Services Agreement with HF&H Consultants LLC, attached
hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment
to the agreement and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
24
Page 1 of 3
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:
Attachment 4
25
Page 2 of 3
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
26
Page 3 of 3
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: _____________________________ By: _____________________________
Linda Smith, City Manager Rob Hilton, President
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
27
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.
28
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.
29
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 1 of 15
CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
CASCADIA CONSULTING GROUP, INC.
THIS AGREEMENT for contract services is made by and between the City of Dublin (“City”) and
Cascadia Consulting Group, Inc. (“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, 2024 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 $276,390,
notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be
Attachment 5
30
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 2 of 15
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
Attachment 5
31
Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 3 of 15
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.
Attachment 5
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 4 of 15
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
Attachment 5
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 5 of 15
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.
Attachment 5
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 6 of 15
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.
Attachment 5
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 7 of 15
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 negligence, recklessness, or
willful misconduct in the 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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Services Agreement between June 2, 2021
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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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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc Page 12 of 15
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:
Cascadia Consulting Group
Att: Julie Bryant, Director
315 Washington St
Oakland, CA 94607
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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Exhibit A Scope of Services
Exhibit B 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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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 Cascadia Consulting Group
Linda Smith, City Manager Julie Bryant, Director
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
The Contractor will be required to deliver technical assistance to businesses, multifamily properties, and
edible food generators in Dublin to ensure compliance with SB 1383. The Contractor will be required to
conduct the following tasks on an ongoing basis.
Tasks:
1. Conduct waste assessments to identify businesses and/or multifamily properties that are eligible
to receive SB 1383 De Minimis Waivers. Coordinate with Amador Valley Industries (AVI) on
planned activities.
2. In coordination with City staff, develop and implement an outreach plan for businesses, single-
family homeowners, and multifamily properties on SB 1383 requirements. Contractor will also
coordinate with AVI on planned activities, work with customers to implement new compost
programs, provide cost analyses, education and outreach, and coordinate with AVI as needed
to implement service level changes.
3. Conduct outreach to Tier 1 and Tier 2 commercial edible food generators to convey SB 1383
requirements, support set up of edible food donation programs, and confirm written agreements
are in place with food recovery organizations, if any.
4. Conduct an analysis and provide a plan to help the City identify SB 1383 procurement options.
The analysis shall include an estimate of compost/mulch quantities that could be applied to
parks, open space, right-of-way, and other City owned property and shall also consider other
options that would satisfy the procurement requirement (e.g. partnering with direct service
providers and/or special districts).
5. Provide a report on potential SB 1383 data tracking and management options, including
proprietary and non-proprietary database and reporting systems.
6. As necessary and as directed by City staff: Conduct lid lift assessments to identify contamination
in organics and recycling streams, address contamination by providing technical assistance.
7. As necessary and as directed by City staff: Conduct lid lift assessments to identify target
materials (organics and/or recyclables) in the garbage. Identify opportunities to reduce target
materials from garbage stream by recommending service level changes, providing cost
analyses, and coordinating with AVI to implement changes as needed.
8. Track activities and progress towards objectives.
9. Assist with other SB 1383 related items as needed.
Deliverables
At minimum, deliverables for this project shall include one-time and Quarterly Reports that include the
following:
1. Community outreach plan for SB 1383 compliance.
2. Compost procurement options report.
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit A – Page 2 of 2
3. Database tracking and management report.
4. Activity tracking for outreach and recommendations provided to businesses and multifamily
properties.
5. Documentation of businesses or multifamily properties that qualify for De Minimis waivers including
location, date of assessment, and name of generator that qualifies for waiver.
6. Documentation of outreach provided to edible food generators, and list of generators that have
contracts with food recovery organizations.
Contingency
This contract includes a contingency amount of $75,000 which may only be expended upon written pre-
verification approval by the City for lid lift assessments and/or other SB 1383 related items that will be
conducted as necessary and as directed by City staff. Because the City has not yet engaged in contract
negotiations with AVI for SB 1383 implementation, it has not yet been determined if AVI or the Contractor will
conduct lid lift assessments or if other SB 1383 activities will be required of the Contractor.
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Services Agreement between June 2, 2021
City of Dublin and Cascadia Consulting Group, Inc. Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
Attachment 5
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Services Agreement between June 2, 2021
City of Dublin and HF&H Consultants, LLC Page 1 of 15
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
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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
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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.
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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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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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Exhibit A Scope of Services
Exhibit B 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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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 HF&H Consultants, LLC
Linda Smith, City Manager Rob Hilton, President
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070365.1
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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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EXHIBIT B
COMPENSATION SCHEDULE
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STAFF REPORT
CITY COUNCIL
Page 1 of 3
Agenda Item 4.3
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Application for Grant Funds from the Recreational Trails Program for the Iron Horse Nature Park and Open Space Project, CIP No. PK0422Preparedby:Laurie Sucgang,City Engineer
EXECUTIVE SUMMARY:The City Council will consider approving the application for grant funds from the Recreational Trails Program for the Iron Horse Nature Park and Open Space project, CIP No. PK0422.
STAFF RECOMMENDATION:Adopt the Resolution Approving the Application for Grant Funds from the Recreational Trails Program for the Iron Horse Nature Park and Open Space Project, CIP No. PK0422.
FINANCIAL IMPACT:As approved in the 2020-2025 Capital Improvement Program (CIP), the total budget for the Iron Horse Nature Park and Open Space Project, CIP No. PK0422 is currently $11,563,000, funded by Public Facilities Fees ($7,081,000), a Local Assistance Specified Grant from the State of California ($2,294,000), and unidentified funds ($2,188,000). The Regional Trails Program Grant, if awarded, will help to close the current funding shortfall for the project.
DESCRIPTION:The 2020-2025 Capital Improvement Program (CIP) includes the Iron Horse Nature Park and Open Space Project (Project), CIP No. PK0422, and provides for the planning, design, and construction of 12.13 acres of a nature park and open space adjacent to the Iron Horse Trail, from the Dublin/San Ramon city limit to the confluence of Alamo and South San Ramon Creeks.In 2013, City Council adopted the Iron Horse Nature Park and Open Space Master Plan (Master Plan) in partnership with the Alameda County Flood Control and Water Conservation District Zone 7 (Zone 7) to seek project grant funding and develop the site. The total scope encompasses
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approximately 43 acres of land (12 acres owned by the City of Dublin as the public park and 24acres owned by Zone 7 and 7 acres owned by Alameda County).On December 7, 2021, City Council approved the filing of an application for the Local Assistance Specified Grant from the State of California, Natural Resources Agency, Department of Parks and Recreation, and the Office of Grants and Local Services (State Grant) in the amount of $2,294,000 (Resolution No. 135-21). The State Grant program guidelines require that the project construction be completed by December 31, 2023. On February 15, 2022, City Council approved a budget change authorizing the appropriation of funds to Fiscal Year 2021-2022 to allow for the design of the first phase of the Project to begin in the current fiscal year in order to meet the State Grant deadline. Staff and the consultant immediately began work on the design of the first phase of the Project; approximately 2,000 linear feet of new trail along with park-like amenities, such as seating, shade features, trail markers, signage, etc. Staff and the consultant also continued to identify other potential funding sources that could be pursued for the Project.The federal Recreational Trails Program (RTP) is one such funding opportunity. The RTP provides competitive grant funds annually for recreational trails and trails-related projects. The RTP is administered at the federal level by the Federal Highway Administration (FHWA). It is administered at the state level by the California Department of Parks and Recreation (DPR) and the Department of Transportation (Caltrans) Active Transportation Program (ATP). The Iron Horse Nature Park and Open Space project will be submitted as a “non-motorized DPR project,” which will be directly administered by the Office of Grants and Local Services. The RTP grant application includes the requirement of a City Council adopted Resolution approving the application for grant funds. The Project strongly supports the RTP program goals to increase biking and walking, improve non-motorized safety, and generate environmental and public health benefits. Staff has received letters of support for the application for RTP grant funds from Zone 7, East Bay Regional Park District, and the City of San Ramon.California Environmental Quality Act (CEQA)The City Council adopted Resolution No. 166-13 adopting the mitigated negative declaration and mitigation monitoring and reporting for the Project.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
66
Page 3 of 3
ATTACHMENTS:1) Resolution Approving the Application for Grant Funds from the Recreational Trails Program2) CIP No. PK0422
67
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 04/05/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS
PROGRAM FOR THE IRON HORSE NATURE PARK AND OPEN SPACE PROJECT, CIP NO.
PK0422
WHEREAS,the Fixing America’s Surface Transportation Act (FAST-ACT) provides funds to
the State of California for Grants to federal, state, local and non-profit organizations to acquire,
develop and/or maintain motorized and non-motorized trail Projects; and
WHEREAS,the State Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within the State, setting up necessary procedures
governing Project Application under the program; and
WHEREAS,said procedures established by the State Department of Parks and Recreation
require the Applicant to certify by resolution the approval of Application(s) before submission of said
Application(s) to the State.
WHEREAS,the Applicant will enter into a Contract with the State of California to Complete the
Project(s).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby:
1. Approves the filing of an Application for the Recreational Trails Program; and
2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent
planning document; and
3. Certifies that said Applicant has or will have available prior to commencement of any work on
the Project included in this Application, sufficient funds to operate and maintain the Project;
and
4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions
contained in the Contract shown in the Procedural Guide; and
5. Appoints the City Manager as agent to conduct all negotiations, execute and submit all
documents, including, but not limited to Applications, agreements, amendments, payment
requests and so on, which may be necessary for the completion of the Project.
6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules,
regulations, and guidelines.
{Signatures on the following page}
68
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
69
Number PK0422ProgramPARKSPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARSTOTALS9100$60,400 $102,900 $42,500 $42,500$248,3009200$400,000 $630,000 $600,000 $196,505$1,826,5059400$2,294,000 $344,100 $6,229,595$8,867,6959500$1,250 $109,250 $255,000 $255,000$620,500$461,650 $3,136,150 $1,241,600 $6,723,600$11,563,000PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARSTOTALS4100$461,650 $842,150 $1,241,600 $4,535,600$7,081,0009998$2,188,000$2,188,0002403$2,294,000$2,294,000$461,650 $3,136,150 $1,241,600 $6,723,600$11,563,000ANNUAL OPERATING IMPACTUnidentifiedSalaries & BenefitsContract ServicesImprovements2020-2025 CAPITAL IMPROVEMENT PROGRAMIRON HORSE NATURE PARK AND OPEN SPACETOTALState Park GrantMiscellaneousESTIMATED COSTSFUNDING SOURCETOTALPublic Facility FeesPROJECT DESCRIPTIONThis project provides for the planning, design, and construction of 12.13 acres of a nature park and open space adjacent to the Iron Horse Trail, from the Dublin/San Ramon city limit to the confluence of Alamo and South San Ramon Creeks, that will be developed in partnership with Zone 7 Water Agency. The park size could increase to over 20 acres of usable parkland when combined with adjacent Zone 7 Water Agency property. The park will be designed in accordance with the Iron Horse Nature Park and Open Space Master Plan, which was approved by City Council on October 1, 2013. The City has already acquired the 12.13 acres and the balance of the parkland would be accessible through an easement and operational agreement with Zone 7 Water Agency. The City will continue to pursue the acquisition of the Alameda County portion of the Iron Horse Trail corridor to add to the City's portion of the parkland. It is anticipated that planning and design will begin in Fiscal Year 2021-2022 and construction of the first phase will begin in Fiscal Year 2022-2023.In addition to the Public Facility Fee, possible funding sources are additional statewide grants for projects that provide non-motorized infrastructure and enhancements that promote new or alternate access to parks, waterways, outdoor recreational pursuits, and forested or other natural environments to encourage health-related active transportation and opportunities for Californians to reconnect with nature, such as Active Transportation Program grants or Proposition 68.ANNUAL OPERATING IMPACT: TBDAttachment 270
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.4
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Appointing Directors to Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA) to Represent the City of DublinPreparedby:Renuka Dhadwal,Management Analyst
EXECUTIVE SUMMARY:The City Council will designate employees to represent the City of Dublin on the Board of Directors to the Pooled Liability Assurance Network (PLAN) Joint Powers Authority (JPA).
STAFF RECOMMENDATION:Adopt the Resolution Rescinding Resolution No. 09 -20 and Appointing Directors to PLAN JPA on Behalf of the City of Dublin.
FINANCIAL IMPACT:Adoption of the resolution will have no direct financial impact. Participation on the Board of Directors provides the City with one vote on the approval of PLAN JPA business including premiums for programs provided by PLAN JPA (formerly ABAG PLAN). Service on the Board of Directors is assumed as part of the employee's regular duties and the Board Members do not receive additional compensation.
DESCRIPTION:The City of Dublin has been a charter member of ABAG PLAN Corporation since 1986 for the provision of liability insurance, property insurance, and employee bonds. In June 1992, the City Council approved a Risk Coverage Agreement which established procedures by which ABAG PLAN could also offer partially self-insured property insurance program. This document was unanimously approved by all 26 cities which were member agencies in ABAG PLAN Corporation. On July 27, 1992, the City Council adopted Resolution No. 90-92 designating City Staff as the regular and alternate voting members to the ABAG PLAN Board of Directors. Later in 2014, the
71
Page 2 of 2
City Council updated its regular and alternate voting members to the ABAG PLAN Board of Directors due to changes in City Staff.In 2017, ABAG PLAN Corporation separated from the former model of service and moved to a new risk management-focused joint powers authority that provides the same pooled risk coverage for its member agencies, with preference for the existing members of ABAG PLAN, under a new risk coverage agreement to ensure these essential insurance services continued in a seamless manner.On December 19, 2017, the City Council authorized the City Manager to execute the PLAN JPA Agreement, pursuant to California Government Code §6500 et seq., including the powers delegated. Late in 2018, the City Council adopted its regular and alternate voting members to the PLAN JPA Board of Directors. In February 2020, due to Staff transition, the City Council updated its regular and alternate voting members to the PLAN JPA Board of Directors(Attachment 2).With a change in Staff leadership (the hiring of the City’s new Human Resources Director), it is now appropriate to appoint new Board representatives via the proposed Resolution (Attachment 1), which rescinds Resolution 09-20 and appoints Staff representation to the PLAN JPA Board of Directors.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:A copy of this Staff Report has been provided to Jon Paulsen, General Manager / Executive Director PLAN JPA, and the City Council Agenda was posted.
ATTACHMENTS:1) Resolution Rescinding Resolution No. 09-20 and Appointing Directors to PLAN JPA on Behalf of the City of Dublin2) Resolution No. 09-20
72
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCINDING RESOLUTION NO. 09-20 AND APPOINTING
DIRECTORS TO PLAN JPA ON BEHALF OF THE CITY OF DUBLIN
WHEREAS,the City of Dublin has been a charter member of ABAG PLAN Corporation since
1986; and
WHEREAS,ABAG Plan Corporation officially dissolved on June 20, 2018; and
WHEREAS,on December 19, 2017, the City Council approved membership in PLAN JPA and
this succession JPA is now providing the City with liability insurance, property insurance, and employee
bonds; and
WHEREAS,PLAN JPA is a self-funded insurance pool serving public agencies; and
WHEREAS, the operations of these programs are governed by a Board of Directors consisting
of one representative from each member agency; and
WHEREAS, participation on the Board of Directors has been carried out by City Staff as part of
its regular duties and does not result in any remuneration to the employee; and
WHEREAS, it is recommended that the City Council revise its designees to PLAN JPA.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Dublin rescinds
Resolution No. 09-20.
NOW, THEREFORE, BE IT FURTHER RESOLVED,that the City Council of the City of Dublin
does hereby designate the following individuals as appointees to the PLAN JPA Board of Directors:
Title Designation
Human Resources Director Director
Administrative Services Director / Finance Director Voting Alternate Director
City Manager Second Voting Alternate Director
BE IT FURTHER RESOLVED that these appointments shall be in accordance with PLAN JPA
Corporation Bylaws and the Memorandum of Coverage.
{Signatures on the following page}
73
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
74
Attachment 2
75
76
STAFF REPORT
CITY COUNCIL
Page 1 of 2
Agenda Item 4.5
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)Prepared by:Mayank Patel,Associate Planner
EXECUTIVE SUMMARY:The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish occupancy requirements,and establish objective design and development standards for projects allowed by SB 9. The first reading of the Ordinance approving the amendments was held at the March 15, 2022 Regular City Council Meeting. The City Council is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide.
FINANCIAL IMPACT:The cost to the General Fund to prepare the proposed Ordinance implementing SB 9 includes staff time. The Zoning Clearance application fee for SB 9 developments is based on actual time and materials.
DESCRIPTION:Senate Bill (SB)9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately). The new law effectively limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However, the
77
Page 2 of 2
City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9.In response to the legislation, Staff prepared amendments to the Dublin Municipal Code (DMC) to establish objective standards to regulate SB 9 Units and Urban Lot Splits. A new chapter (Chapter 8.81) in the Zoning Ordinance would regulate SB 9 Unit Developments and a new chapter (Chapter 9.54) in the Subdivisions Ordinance would regulate Urban Lot Splits. Additional amendments to the Zoning and Subdivision Ordinances would ensure internal consistency.On March 15, 2022, the City Council held a public hearing, waived the first reading, and introduced the Ordinance approving amendments to the DMC without the proposed affordability provisions originally included as Sections 8.81.60 and 9.54.070. The City Council directed staff to return withadditional information regarding affordability for consideration at a future meeting. The proposed Ordinance is included as Attachment 1. Refer to Attachment 2 for a complete discussion of the proposed amendments.
ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. To facilitate local jurisdictions in implementing SB 9, the legislature included an exemption from CEQA for any local ordinance that is adopted to implement the new law. Staff is recommending that the project be found statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code.
STRATEGIC PLAN INITIATIVE:Strategy 3: Create More Affordable Housing Opportunities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide2) City Council Staff Report, dated March 15, 2022, without attachments
78
Attachment 1
ORDINANCE NO. XX-22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE TITLES 8 (ZONING) AND 9
(SUBDIVISIONS) TO IMPLEMENT SENATE BILL 9 EFFECTIVE CITYWIDE
PLPA-2021-00050
WHEREAS,the City occasionally initiates amendments to the Zoning Ordinance to clarify, add,
or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state
law, internally consistent, simple to understand and implement, and relevant to changes occurring in
the community; and
WHEREAS,on September 16, 2021, Governor Newson signed into law Senate Bill (SB) 9, which
among other things, added Government Code Sections 65852.21 and 66411.7 and amended
Government Code Section 66452.6, allowing additional housing units on properties within single-family
residential zoning districts; and
WHEREAS, SB 9 went into effect January 1, 2022, and preempts any conflicting City ordinance;
and
WHEREAS, SB 9 allows a local jurisdiction to adopt an ordinance that provides ministerial
approval of: 1) no more than two housing units on a lot within a single-family residential zoning district;
and 2) urban lot splits; and
WHEREAS, SB 9 allows a local jurisdiction to adopt objective design, development, and
subdivision standards for up to two housing units and urban lot splits; and
WHEREAS,the proposed amendments to the Dublin Municipal Code implement the
requirements of SB 9 and add local regulations that are within the scope of the State law; and
WHEREAS,the Planning Commission held a duly noticed public hearing on February 22, 2022,
during which all interested persons were heard, and adopted Resolution No. 22-03 recommending City
Council adoption of the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and
WHEREAS,a Staff Report was submitted to the Dublin City Council recommending approval of
the proposed Amendments to Dublin Municipal Code Titles 8 and 9; and
WHEREAS,the City Council held a public hearing on the proposed Zoning Ordinance
Amendments on March 15, 2022, at which time all interested parties had the opportunity to be heard;
and
WHEREAS,proper notice of said hearing was given in all respects as required by law; and
WHEREAS,the City Council did hear and consider all said reports, recommendations and
testimony herein above set forth and used its independent judgment to evaluate the project.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 16
Section 1.Consistency with Local Plans. Pursuant to Section 8.120.050.B of the Dublin
Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent
with the General Plan and all applicable Specific Plans in that the amendments are necessary to comply
with State law and are consistent with applicable land use regulations and development policies.
Specifically, amendments to the Zoning Ordinance are proposed to ensure consistency with State law
and implementation of SB 9.
Section 2.CEQA. The California Environmental Quality Act (CEQA), together with State
Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be
reviewed for environmental impacts and that environmental documents be prepared. The City Council
hereby finds that the proposed amendments are statutorily exempt from the requirements of CEQA
pursuant to Division 13 (commencing with §21000) of the Public Resources Code.
Section 3.Amendments. Thirty days following the adoption of the Ordinance, the Dublin
Municipal Code is amended as follows:
Section 8.08.020 (Definitions (A-Z) of Title 8 of the Dublin Municipal Code is amended to add
the following definitions in alphabetical order:
SB 9 Unit.The term SB 9 Unit shall mean a dwelling unit that is developed using the provisions in
Chapter 8.81, and the provisions identified in California Government Code Sections 65852.21 or
66411.7.
SB 9 Unit Development.The term SB 9 Unit Development shall mean a housing development as
defined in California Government Code Section 65852.21.
Section 8.12.050 (Permitted and Conditionally Permitted Land Uses) of Title 8 of the Dublin
Municipal Code is amended to add the following row to the existing Residential Use Type table:
RESIDENTIAL USE
TYPE A R-1 R-2 R-M C-O C-N C-1 C-2 M-P M-1 M-2
SB 9 Unit
Developments -ZC ---------
Section 8.20.030 (Permitted and Conditionally Permitted Land Uses, Regulations, and
Performance Standards) of Title 8 of the Dublin Municipal Code is amended to add the following
subsection:
K.SB 9 Unit Developments.For SB 9 Unit Developments, see Chapter 8.81.
The remainder of Section 8.20.030 to be re-lettered accordingly.
Subsection A of Section 8.36.020 (Agricultural and Residential Development Regulations) of
Title 8 of the Dublin Municipal Code is amended to revise the tables as follows and to add additional
footnotes:
STANDARD A R-1 R-2 R-M
LOT AREA
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 16
STANDARD A R-1 R-2 R-M
Interior lot 100 acres 4,000 sq. ft. (5)8,000 sq. ft.5,000 sq. ft.
Corner lot 100 acres 5,000 sq. ft. (5)9,000 sq. ft.6,000 sq. ft.
LOT SQUARE
FOOTAGE PER
DU
NA 4,000 sq. ft.
and larger as
consistent with
General Plan
(5)
4,000 sq. ft.
and larger as
consistent with
General Plan
750 sq. ft. and
larger as
consistent with
General Plan
LOT WIDTH &
FRONTAGE
Interior lot 300 feet 50 feet (5)80 feet 50 feet
Corner lot 300 feet 60 feet (5)90 feet 60 feet
LOT DEPTH NA 100 feet (5)100 feet 100 feet
RESIDENTIAL
USE (maximum
per lot)
1 du (4)1 du (4)(5)2 du (4)1 du per full 750
sq. ft. (and larger
as consistent with
General Plan) (4)
SETBACKS
Front 50 feet 20 ft. avg. 18 ft
minimum to
garage (1)
20 ft. avg. 18 ft.
minimum
20 ft.
Side 30 feet (2)(5)10 feet 10 feet (3)
Street Side 50 feet 10 feet 10 feet 10 feet
Rear 50 feet 20 feet (5)20 feet 30 feet
(1)Living spaces may encroach to 15 ft. from Front Lot Line with Site Development Review on lots
up to 6,000 square feet in size.
(2)Side Yard setbacks in the R-1 zoning district shall be a minimum of 5 feet plus one foot for each
full 10 feet by which lot width exceeds minimum lot width up to a maximum of 10 feet.
(3)Buildings with 4 or more residences in the R-M zoning district shall have a 15 foot Side Yard on
one side.
(4)See Chapter 8.80, Accessory Dwelling Unit Regulations, regarding the allowable number of
ADUs.
(5) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit
Developments.
STANDARD A R-1 R-2 R-M
DISTANCE BETWEEN
RESIDENCES
100 feet 10 feet (4)20 feet 20 feet
MAXIMUM LOT
COVERAGE
NA 40% 1 story,
35% 2
stories (4)
40% 1 story,
35% 2 stories
40% 1 story,
35% 2 stories
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 16
STANDARD A R-1 R-2 R-M
COMMON USEABLE
OUTDOOR SPACE
NA NA NA 30% of net site
area
ACCESSORY STORAGE -
MULTIFAMILY (1)
NA NA 200 cubic feet
minimum per
unit
200 cubic feet
minimum per
unit
HEIGHT LIMITS (2)(2)(2)(3)
(1)Multifamily accessory storage shall be provided for each unit in a multifamily project that has a
private, enclosed garage attached or assigned to the unit. In addition to the R-2 and R-M Zoning
Districts, multifamily accessory storage shall also be provided in comparable PD (Planned
Development) Zoning Districts and the Downtown Dublin Zoning District. See also
Chapter 8.08 (Definitions).
(2)West of Dougherty Road 25 feet and 2 stories; may be increased to 35 feet and 2 stories
pursuant to a Site Development Review approval by the Zoning Administrator. East of Dougherty
Road; 35 feet and 2 stories.
(3)35 feet if 4 or fewer du.; 45 feet if 5 or more du.; 75 feet if 5 or more du. and lot coverage does
not exceed 35%.
(4) See Chapter 8.81, SB 9 Unit Developments, regarding the standards for qualified SB 9 Unit
Developments.
Subsection B (Residential Use Types) of Section 8.76.080 (Parking Requirements by Use Type)
of Title 8 of the Dublin Municipal Code is amended to add the following use type and number of parking
spaces required to the existing table as follows, with residential use types listed alphabetically:
RESIDENTIAL USE TYPES NUMBER OF PARKING SPACES REQUIRED
SB 9 Unit Developments See Section 8.81.060 relating to SB 9 Unit parking.
Title 8 of the Dublin Municipal Code is amended to add Chapter 8.81 (SB 9 Unit Developments)
as follows:
8.81.010 Purpose.
The purpose of this Chapter is to implement Government Code Section 65852.21 by:
A. Establishing objective standards for qualified SB 9 Unit Developments;
B. Regulating the development of new residential housing units in a manner that is compatible with
existing single-family residential uses; and
C. Ensuring sound standards of public health and safety.
8.81.020 Definitions.
For the purposes of this Chapter, the following definitions apply:
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 16
A.Primary Dwelling Unit.The term Primary Dwelling Unit shall mean an existing single-family
residence on a parcel constructed prior to the approval of an SB 9 Unit.
B.Sufficient for Separate Conveyance.The term Sufficient for Separate Conveyance shall mean
that an SB 9 Unit Development is constructed in a manner adequate to allow for the transfer of
title, ownership, rights, and interests in the property, from one entity to another.
8.81.030 Applicability.
The provisions of this Chapter are applicable to SB 9 Unit Developments on lots within the R-1 (Single-
Family Residential) zoning district or any Planned Development District where Single-Family
Residential uses are allowed. This Chapter shall not apply in the following situations:
A. Projects located on lots that are included on the State Historic Resources Inventory, as defined
in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as
may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid
exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the last three years.
D. Projects located on lots which an owner of residential real property has exercised the owner’s
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the
California Government Code to withdraw accommodations from rent or lease within the last 15
years.
E. Projects involving the demolition of more than 25 percent of the existing exterior structural walls,
unless the site has not been occupied by a rental tenant within any time in the last three years.
8.81.040 Maximum Number of Units.
A. Urban Lot Split.For SB 9 Units on parcels where an Urban Lot Split is proposed or approved,
under the provisions specified in Chapter 9.54 and Government Code Section 66411.17, the
following shall apply:
1.Vacant Lot.A maximum of two SB 9 Units on a vacant lot created by an Urban Lot Split.
No Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be permitted.
2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot created by an Urban
Lot Split, a maximum of one of the following units may be added to that lot: an SB 9 Unit,
an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit. An Accessory Dwelling
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Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 16
Unit or Junior Accessory Dwelling Unit shall be permitted in accordance with Chapter
8.80, except that no Accessory Dwelling Unit or Junior Accessory Dwelling Unit shall be
permitted with the development of a SB 9 Unit on the same lot. No more than two units
of any kind may be constructed or maintained on a lot created by an Urban Lot Split. If
there are two existing units of any kind on a lot created by an Urban Lot Split, no additional
units of any kind shall be permitted on that lot.
B. All Other Lots.For parcels where an Urban Lot Split is not proposed or approved, the following
shall apply:
1.Vacant Lot.A maximum of two SB 9 Units are allowed per lot.
2.Developed Lot.If there is an existing Primary Dwelling Unit on a lot, a maximum of one
SB 9 Unit is allowed per lot.
3.Accessory Dwelling Units and Junior Accessory Dwelling Units.Accessory Dwelling
Units and Junior Accessory Dwelling Units shall be permitted in accordance with Chapter
8.80, provided that there are no more than four units in total.
8.81.050 Intent to Occupy.
The applicant for a SB 9 Unit shall sign an affidavit, on a form approved by the City, stating that the
applicant intends to occupy the Primary Dwelling Unit or an SB 9 Unit as their principal residence for a
minimum of three years from the issuance of a Certificate of Occupancy for the SB 9 Unit.
8.81.060 Standards.
A. General.
1.By Right Provision.The objective standards set forth in this section shall not physically
preclude a maximum of two units, comprising any combination of SB 9 Units and Primary
Dwelling Unit, per parcel and shall not physically preclude each of those units from being
at least 800 square feet in area. If the objective standards would physically preclude two
800 square foot units, the City will provide relief from one or more of the objective
standards set forth in this section to accommodate two 800 square foot units. The City
shall determine the extent of relief necessary.
2.Zoning.Except as modified by this Chapter, SB 9 Units shall comply with all objective
standards of the Dublin Municipal Code including the requirements for the applicable
zoning district where the property is located, provided that such regulations do not conflict
with standards set forth by Government Code Sections 65852.21.
B. Balconies/Decks.Balconies and decks shall not be located on an elevation directly facing a
side lot line. Allowed balconies shall be located a minimum of 10 feet the rear property lines.
Rooftop terraces/rooftop decks are not permitted.
C. Building Facades and Materials.
1.Street-Facing Elevations.
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a.Shall provide volumetric elements with a minimum projection of two feet
beyond the plane of the façade with use of window bays, building recesses,
or porches with columns.
b.Shall be designed with a minimum four-foot landscaping zone adjacent to
their foundation or porch face.
2. A minimum of three exterior building colors shall be used on the front facades.
3. Attached units shall provide a minimum two-foot offset at the shared wall.
4. Transitions for both material and color shall be located at interior corners
5. Facades that use stucco as the primary material shall be combined with a secondary wall
material.
6. T-111 and similar plywood siding, corrugated and standing seam metal, vinyl and plastic
siding, and foam and stucco trim façade materials shall be prohibited.
7. Fire-resistant alternatives such as, fiber cement siding, are permitted as a substitution for
traditional materials such as wood shake, horizontal siding, or board and batten paneling.
D. Building Height.
1.Within Setbacks.The maximum height of an SB 9 Unit, or any portion thereof, located
within the setbacks established for the zoning district where the lot is located shall not
exceed 16 feet.
2.Outside of Setbacks.The maximum height of an SB 9 Unit located outside of the
setbacks established for the zoning district where the lot is located shall conform to the
height requirements of the zoning district.
E. Building Separation.
1.Single-Story Structures.A minimum separation of 15 feet shall be provided between
the upper story and a single-story structure on an adjacent property.
2.Multi-Story Structures. A minimum separation of 20 feet shall be provided between the
upper story and a multi-story structure on an adjacent property.
F. Building Setbacks.
1.Existing Structures.No setback shall be required for an existing legal structure or a
structure constructed in the same location and to the same dimensions as an existing
legal structure.
2.Front Yard.The minimum front yard setback shall conform to the requirements of the
zoning district where the lot is located.
3.Street Side Yard.The minimum street side yard setback shall be 10 feet.
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4.Interior Side and Rear Yard.The minimum interior side and rear yard setback shall be
four feet.
G. Fenestration.Windows and glazing areas shall comply with the following:
1. Tinted windows and colored glazing are prohibited.
2. Plastic glazing shall be prohibited for windows and skylights.
3. Functional and decorative shutters shall maintain the same dimensions as the associated
glazing. Functional and decorative shutters shall be half the width of the associated
window glazing (for paired shutters), or matching width for a single shutter.
4. Window materials, color, and style shall be consistent on all elevations.
5. Window trim, sills, and shutters shall be differentiated with accent materials or colors that
vary from the adjacent building wall surfaces.
6. Windows shall be recessed at least two inches from surrounding exterior wall to the
window glass surface or windows shall provide built-up sills and trim, at a minimum one-
half inch thick, to create surface relief and texture.
7. Simulated mullions shall be allowed only when mullions are located on both the inside
and outside faces of the glazing.
H. Floor Area.The floor area of the upper stories shall be limited to 40 percent of the floor area of
the first floor.
I. Garages.
1. Front or side-entry attached garages are permitted and shall meet the dimensional
requirements specified in Chapter 8.76.
2. An attached, front-entry garage shall be set back at least four feet behind the front plane
of the structure to which it is attached.
3. Garage doors located in stucco walls shall be recessed a minimum of three inches from
the surrounding building wall.
4. Garage doors located in masonry, wood clad, or similar siding, shall provide surrounding
trim with a minimum width of three inches.
J. Impervious Area.Front and side yard setbacks shall be limited to a total of 40 percent
impervious coverage.
K. Lighting. The following information for proposed exterior lighting fixtures shall be provided:
1. Manufacturer cut sheets with Backlight/Uplight/Glare (B.U.G.) rating.
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2. Lighting locations indicated on building and/or site plans.
3. Mounting heights.
4. Exterior light fixtures shall be shielded from view off the site.
L. Lot Coverage.The Lot Coverage for any combination of SB 9 Units and Primary Dwelling Unit
shall be cumulatively limited to the maximum lot coverage allowed by the residential zoning
district where the lot is located, except as required to meet the By Right Provisions of this
Chapter.
M. Mechanical Equipment.Mechanical and utility equipment shall be concealed from view from
the public right-of-way. With the objective of fully screening the equipment, ground-mounted
equipment shall be screened by a combination of walls or fencing and landscaped plant material
up to a maximum height of four feet.
N. Parking. Parking shall conform to the Off-Street Parking and Loading Regulations (Chapter
8.76) except as modified by this Chapter.
1. A minimum of one off-street parking space shall be provided per unit, except if the parcel
is located within:
a.One-half mile walking distance of either a high-quality transit corridor, as
defined in Public Resources Code Section 21155 or a major transit stop, as
defined in the Public Resource Code Section 21064.3. The transit frequency
shall be based on the schedule posted by the transit agency when the City
issues the first “completeness” letter for the respective application for a SB
9 Unit Development; or
b.One block of a car share vehicle.
2. Parking spaces shall not be located within the minimum side and rear yard setbacks.
Parking spaces within an enclosed structure are encouraged.
O. Refuse Containers.Refuse containers or areas shall not be located within private driveways or
be visible from the public right-of-way.
P. Rental Restrictions.Rental of any SB 9 Units or Primary Dwelling Unit shall not be less than
for 30 consecutive days. Prior to the construction of an SB 9 Unit, a deed restriction, in a form
approved by the City Attorney, shall be recorded setting forth setting for this limitation, and that
the deed restriction may be enforced against future purchasers.
Q. Roof.
1. Roofs that result from alteration or addition to an existing main structure shall match the
existing slope, form, and materials of the main structure.
2. Roof material and color shall be consistent throughout the entirety of the roof within each
new or modified building. Except where its use is documented on existing adjacent
structures, non-dimensional three-tab asphalt shingles, wood shake roofing, and
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corrugated metal, metal roll and standing seam, and plastic roofing materials shall be
prohibited.
3. Fire-resistant alternatives such as, cement S-tile roofing, is permitted as a substitution for
traditional materials such as clay tile.
4. New structures shall provide a roof that has a minimum slope of 3:12. A sloped roof shall
be defined as a gable, hip, cross gable roof, or any combination thereof. Mansard roofs
shall be prohibited.
5. A minimum of 25 percent of the roof area shall be articulated with any combination of hip,
gable, or shed dormers.
6. Roofs shall have a minimum overhang of 12 inches.
7. The roof styles and materials of detached garages and carports shall match the materials
and detailing of main and accessory structures.
R. Separate Connections.
1. All attached or detached SB 9 Units shall have separate utility connections and meters.
2. Any attached or detached Accessory Dwelling Unit that becomes reclassified to a Primary
Dwelling Unit as a result of an SB 9 Unit Development shall have separate utility
connections and meters.
S. Separate Conveyance.SB 9 Units shall be designed for separate conveyance, as defined in
this Chapter, in accordance with applicable building and fire code requirements.
T. Stairs.Notwithstanding provisions in Chapter 8.36, stairs leading to an upper story shall be fully
enclosed within the interior of a unit. A staircase on the exterior of a unit shall not be permitted.
U. Street Frontage.
1.Interior Lots.The front-entry of at least one unit shall be oriented to the street.
2.Corner Lots. The front-entry of each unit shall be oriented to face a street, and the front-
entry of each unit shall not face the same street.
3.Connectivity.Street-facing entries shall be clearly identifiable and connected to the
street by a pedestrian path with a minimum width of five feet.
4.Porch/Stoop.Street-facing entries shall provide either a porch or stoop that is a minimum
of seven feet wide and five feet deep. Unroofed porches or stoops, with three open sides
and not greater than six feet above the ground level, may not project more than three feet
in the front yard setback and may not project more than two feet into the side yard
setback.
8.81.070 Permitting Procedure.
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In addition to the standard submittal requirements for a Building Permit, a SB 9 Unit Development shall
comply with this Chapter and shall be subject to a ministerial Zoning Clearance to be reviewed and
approved by the Community Development Director, without public hearings or discretionary review, in
accordance with Chapter 8.116.
8.81.080 Action.
A. In any case, and notwithstanding the requirements of this Title, an application for an SB 9 Unit
Development shall be ministerially reviewed and approved in accordance with this Chapter, and
shall not be subject to any hearings or discretionary review.
B. Notwithstanding subsection A above, an application for an SB 9 Unit Development may be
denied if the Chief Building Official, upon making written findings to the Community Development
Director based on the preponderance of the evidence, finds the project would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
Section 8.104.020 (Exemptions from Site Development Review) of Title 8 of the Dublin Municipal
Code is amended to add the following subsection:
K.SB 9 Unit Developments. Projects that are eligible for ministerial approval pursuant to the
provisions of Chapter 8.81, SB 9 Unit Developments.
Section 8.116.020 (Applications Requiring a Zoning Clearance) of Title 8 of the Dublin Municipal
Code is amended to add the following subsection:
K.SB 9 Unit Developments.Projects that are requesting approval of an SB 9 Unit Development
that meet the standards specified in Chapter 8.81.
Section 8.116.030 (Application) of Title 8 of the Dublin Municipal Code is amended to add the
following subsection:
K.SB 9 Unit Developments.If the Zoning Clearance is for an SB 9 Unit Development, the
Applicant shall submit a “Zoning Clearance for SB 9 Unit Development” application form
provided by the Community Development Department with such information requested on said
form.
Section 8.116.040 (Approval) of Title 8 of the Dublin Municipal Code is amended to add the
following subsection:
K.SB 9 Unit Developments.SB 9 Unit Developments shall be reviewed for consistency with
Chapter 8.81, Government Code Sections 65852.21, and all other applicable objective
standards in the Dublin Municipal Code. The Zoning Clearance approval for an SB 9 Unit
Development shall be a completed “Zoning Clearance for SB 9 Unit Development” application
form and any pertinent attachments as required on the form with the date and signature of the
Community Development Director or his/her designee.
Section 8.116.050 (Expiration of Zoning Clearance) of Title 8 of the Dublin Municipal Code is
amended to add the following subsection:
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K.SB 9 Unit Developments.A Zoning Clearance issued in conjunction with a Building Permit for
an SB 9 Unit Development shall expire when the Building Permit expires. If a Building Permit
Application for an SB 9 Unit Development is not filed within a year of the Zoning Clearance
approval, the Zoning Clearance shall become null and void.
Section 9.04.090 (Definitions) of Title 9 of the Dublin Municipal Code is amended to add the
following definitions in alphabetical order:
“Flag Lot” means a lot as defined in Chapter 8.08.
“Primary Dwelling Unit” means a unit as defined in Chapter 8.81.
“SB 9 Unit” means a unit as defined in Chapter 8.81.
“Unit” means an Accessory Dwelling Unit, a Junior Accessory Dwelling unit, a Primary dwelling Unit, or
an SB 9 Unit.
“Urban Lot Split” means a subdivision of an existing single-family residential zoned parcel into two
parcels using the provisions in Chapter 9.54 and the provisions identified in California Government
Code Section 66411.7.
Chapter 9.08 (Tentative Tract and Tentative Parcel Maps) of Title 9 of the Dublin Municipal Code
is amended to add the following Section:
9.08.015 Exemptions.
A tentative map is not required for an Urban Lot Split proposed under the provisions of Government
Code Section 66411.7.
Title 9 of the Dublin Municipal Code is amended to add Chapter 9.54 (Urban Lot Splits) as
follows:
9.54.010 Authority and purpose.
The purpose of this chapter is to implement Government Code Section 66411.7 by:
A. Establishing objective standards and regulations to govern the review and approval of Urban
Lot Splits, which are qualified Senate Bill 9 properties in single-family residential zones;
B. Establishing a ministerial process to approve an Urban Lot Split in accordance with Government
Code Section 66411.7;
C. Promoting the development of small ownership or rental housing units designed to meet the
housing needs of individuals and families, particularly those of low and moderate incomes; and
D. Ensuring sound standards of public health and safety.
9.54.020 Applicability.
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The provisions of this Chapter shall apply within the R-1 (Single-Family Residential) zoning district or
any Planned Development District where Single-Family Residential uses are allowed. This Chapter
shall not apply in the following situations:
A. Projects located on lots that are included on the State Historic Resources Inventory, as defined
in Public Resources Code Section 5020.1, or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city or county ordinance.
B. Projects located on any site described in Government Code Section 65913.4(a)(6)(B)-(K), as
may be amended.
C. Projects involving the demolition or alteration of any of the following:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to
levels affordable to persons and families of moderate, low, or very low income.
2. Housing that is subject to any form of rent or price control through a public entity’s valid
exercise of its police power.
3. Housing that has been occupied by a rental tenant at any time within the last three years.
D. Projects located on lots which an owner of residential real property has exercised the owner’s
rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the
California Government Code to withdraw accommodations from rent or lease within the last 15
years.
E. Any parcel previously subdivided through prior exercise of an Urban Lot Split as provided for
under this Chapter.
F. Any parcel proposing to be subdivided that is adjacent to another parcel where either the owner
of the parcel proposing to be subdivided or any person acting in concert with said owner has
previously subdivided that adjacent parcel using the provisions in this Chapter. For the purposes
of this section, “any person acting in concert” with the owners includes, but is not limited to, an
individual or entity operating on behalf of, acting jointly with, or in partnership or another form of
cooperative relationship with, the property owner.
9.54.030 Application.
A parcel map application shall be required for all proposed Urban Lot Splits.
9.54.040 Form.
The form of the parcel map associated with an Urban Lot Split shall conform to the requirements of the
Subdivision Map Act and Chapter 9.24 of this Title.
9.54.050 Filing and processing.
A. The parcel map shall be filed with the City Engineer for his or her examination for conformance
to this Title 9 and the Subdivision Map Act.
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B. Notwithstanding any other requirement under this Title 9, the City shall ministerially review and
approve applications for an Urban Lot Split, without public hearings or discretionary review,
subject only to the requirements of this Chapter.
9.54.060 Standards.
A. An Urban Lot Split shall result in no more than two parcels.
B. Parcels shall not be smaller than 40 percent of the lot area of the original parcel.
C. Each parcel shall have a minimum net area of 1,200 square feet.
D. The side property line of all lots, so far as possible, shall be at right angles to the street which
the lot faces, or approximately radial to the center of curvature, if such street is curved. Side
property lines of lots shall be approximately radial to the center of curvature of a cul-de-sac on
which the lot faces.
E. Parcels shall have a minimum width of 30 feet.
F. Parcels shall have a minimum depth of 40 feet.
G. Flag Lots.
1. A flag lot shall be allowed with an Urban Lot Split in a situation where a conventional lot
would not allow for a second lot of at least 1,200 square feet.
2. The portion of the flag lot constituting the access corridor shall be excluded when
determining compliance with minimum lot size requirement of this Chapter, from the site
area, lot coverage, lot width, and lot depth as defined in Chapter 8.08.
3. The maximum width of the access corridor of the flag lot shall be 20 feet, except where
greater width is required for fire department access.
4. Any fence constructed between the access corridor of a flag lot and the adjacent parcel
shall not exceed 48 inches within the front yard of the adjacent property.
H. Each parcel shall provide for direct vehicular access to and have a minimum frontage of 30 feet
on the public right-of-way, except for flag lots, where the frontage shall be the width needed to
meet access standards as specified in this Chapter.
I. Public utility, service and/or access easements shall be provided within the subdivision where
required for public utility purposes, in accordance with Title 9.
J. Notwithstanding the requirements of this Chapter or the Zoning Ordinance, dedications of rights-
of-way or the construction of offsite improvements for the parcels being created shall not be
required.
K.Improvements Required.The following improvements shall be required of all Urban Lot Splits.
The design and layout of such improvements shall conform to the generally acceptable
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engineering standards and to such objective standards as approved by the City Engineer that
are in effect at the time of the parcel map application submittal.
1.Sanitary Sewers.Each unit or lot within the Urban Lot Split shall be served by a
community sewer collection system as required, unless an individual system is permitted.
2.Water Supply. Each unit or lot within the Urban Lot Split shall be served by an approved
domestic water system.
3.Utilities.Each unit or lot within the Urban Lot Split shall be served by gas (if required),
electric, telephone, and cable television facilities. All new utilities within the Urban Lot
Split shall be placed underground except those facilities exempted by the Public Utilities
Commission Regulations and as otherwise provided in this Title.
4.Storm Drainage.Storm water runoff from the Urban Lot Split shall be collected and
conveyed by an approved storm drain system consistent with City standards.
L. Prior to the recordation of the parcel map, the applicant shall sign an affidavit, on a form
approved by the City, stating that the applicant intends to occupy the Primary Dwelling Unit or
an SB 9 Unit as their principal residence for a minimum of three years from the date of the
approval of the subdivision. This requirement shall not apply if the applicant is a community land
trust or a qualified nonprofit corporation as provided in Sections 402.1 and 214.15 of the
California Revenue and Taxation Code.
M. The parcel map created pursuant to an Urban Lot Split shall contain a note on the map, and
respective deed restrictions shall be recorded with the Alameda County Recorder’s Office,
indicating that parcels resulting from the Urban Lot Split were created using the provision of this
Chapter and Government Code Section 66411.7, and that no further subdivision of the parcels
is permitted.
N. The proposed Urban Lot Split shall comply with all other applicable objective requirements of
the Subdivision Ordinance and the Subdivision Map Act (Government Code Section 66410 et
seq.) except as otherwise provided for in this Chapter. In the event of a conflict between the
requirements of this Chapter and the requirements contained elsewhere in this Municipal Code,
the provisions of this Chapter shall apply to the review and approval of Urban Lot Splits created
hereunder.
9.54.070 Action.
Final action of a parcel map for an Urban Lot Split shall be in accordance with Chapter 9.24.
Section 4.Effective Date.This Ordinance shall take effect and be enforced thirty (30) days
following its final adoption.
Section 5.Posting.The City Clerk of the City of Dublin shall cause this Ordinance to be
posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the
Government Code of the State of California.
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PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2
STAFF REPORT
CITY COUNCIL
Page 1 of 6
DATE:March 15, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Senate Bill 9 Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) (PLPA-2021-00050)Prepared by:Mayank Patel,Associate Planner
EXECUTIVE SUMMARY:The City Council will consider amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to implement Senate Bill 9 (SB 9), the California Housing Opportunity and More Efficiency (HOME) Act, which allows homeowners to split their single-family lot and/or build additional units. The proposed amendments would regulate the number and type of residential units, establish affordability requirements, and establish objective design and development standards for projects allowed by SB 9. The City Council will also consider amending the City’s Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments.Staff recommends finding the amendments to the DMC statutorily exempt from the California Environmental Quality Act.
STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and take the following actions: 1) waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Title 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide;and 2) adopt the ResolutionAmending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments.
FINANCIAL IMPACT:The City Council will consider amending the Master Fee Schedule pertaining to Zoning Clearances for SB 9 Unit Developments. The new application fee is proposed to be based on time and materials to ensure the City recovers the actual costs associated with processing applications for SB 9 Unit Developments.
DESCRIPTION:
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BackgroundOn September 16, 2021, Governor Newsom signed into law Senate Bill (SB) 9, titled the California Housing Opportunity and More Efficiency (HOME) Act, which went into effect on January 1, 2022. The bill has two major components: 1) the right to develop more than one home on a single-family residential lot; and 2) the right to subdivide a single-family residential lot. Units created by exercising the rights provided under SB 9 are referred to here as “SB 9 Units.” The term “Urban Lot Split” is used to describe a subdivision of an existing single-family residential parcel into two lotsunder SB 9. If certain criteria are met, SB 9 requires local jurisdictions to ministerially approve SB 9 Unit Developments and Urban Lot Splits. Table 1 summarizes the criteria set forth in SB 9. Table 1. Qualifying Criteria for SB 9 Projects.
Requirement SB 9 Unit Developments Urban Lot Split1.Project site is in a single-family residential zoning district.X X2.Project site is not in a “sensitive” area as identified under Government Code Section 65913.4.X X3.Project does not result in the demolition of below market rate/deed-restricted affordable housing or rent-controlled units.X X4.Property has not occupied by tenants in the past three years.X X5.Property has not been withdrawn from the rental market under the Ellis Act for the past 15 years.X X6.Property is not located in a historic district or included on the State Historic Resources Inventory, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. X X
7.Units constructed via SB 9 must be used for residential purposes and cannot be used for short-term rentals of less than 30 days.X X8.Project creates two new parcels of approximately equal lot area—each at least 40 percent of the lot area of the original parcel.X9.Each new lot is at least 1,200 square feet.X10.The parcel was not created through prior exercise of an Urban Lot Split under SB 9.X
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Requirement SB 9 Unit Developments Urban Lot Split11.Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an Urban Lot Split under SB 9.X
12.The applicant must indicate, by affidavit, their intention to reside in one of the units built on either parcel for at least three years.X
SB 9 was adopted to minimize the restrictions and limitations of traditional single-family zoning by allowing additional housing units on single-family lots and/or allowing for single-family lots to be split into two parcels with additional residential units constructed on each lot. This law allows by right, two residential units per lot of at least 800 square feet that could be conveyed (sold separately) and additional ADUs as further discussed below. Under SB 9, new units and subdivisions need not comply with the City’s development standards for the Single-Family Residential (R-1) zoning district and similar Planned Development Zoning Districts. The new law effectively limits the City’s ability to regulate these developments and prohibits a discretionary review process for qualified projects. However, the City does have the ability to apply certain objective standards to development and subdivisions allowed by SB 9.Staff proposes to create objective standards to regulate SB 9 Units and Urban Lot Splits with a focus on the following areas: 1) the number of allowed units; 2) affordability requirements; 3) occupancy requirements; and 4) design and development standards. Staff proposes to create a new chapter (Chapter 8.81) in the Zoning Ordinance to regulate SB 9 Unit Developments and a new chapter (Chapter 9.54) in the Subdivisions Ordinance to regulate Urban Lot Splits. Additional amendments to the Zoning and Subdivision ordinances are proposed to ensure internal consistency. The draft Ordinance is included as Attachment 1. Refer to Attachment 2 for a redline version of the proposed ordinance text changes where the added text is underlined and any text to be removed is marked with a strikethrough.AnalysisStaff prepared amendments to the Dublin Municipal Code (DMC) to implement SB 9 and to reduce the impact to existing single-family residential neighborhoods within the confines allowed by State law. The proposed Chapter 8.81 would implement SB 9 and provide the City’s objective standards to regulate housing developments allowed by the bill. The use and development of lots within the R-1 Zoning District would continue to be regulated by the provisions of the Zoning Ordinance except as modified by SB 9 and Zoning Ordinance Chapter 8.81. Chapter 9.54 would implement SB 9 and provide the City’s objective standards to regulate Urban Lot Splits. The following provides a summary of the key provisions of the proposed DMC Amendments.Number of Units.Currently, the DMC allows up to three units on a single-family residential lot: A Primary Dwelling Unit (PDU), an Accessory Dwelling Unit (ADU), and a Junior Accessory Dwelling Unit (JADU). SB 9 would allow up to four units on an existing lot, including an additional housing
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unit (“SB 9 Unit”), an ADU, and a JADU. However, SB 9 allows the City to restrict the total number of units per lot with an Urban Lot Split. The proposed Chapter 8.81 seeks to limit the number of units per lot to the extent allowed by State law. Table 2 reflects the maximum number of units allowed per lot by Chapter 8.81. ADUs and JADUs would continue to be regulated by Chapter 8.80 (Accessory Dwelling Unit Regulations), except as modified by SB 9 and Chapter 8.81.Table 2. Maximum Number of Units Allowed on a Single-Family Lot: Pre- and Post-SB 9
Unit Type Pre-SB 9:Number of UnitsAllowed Per Lot
Post-SB 9: Number of Units Allowed Per LotNo Urban Lot Split Urban Lot SplitVacant Lot Developed Lot Vacant Lot Developed LotPDU1-1 -1ADU11101*JADU 1 1 1 0 1*SB 9 Unit -2 1 2 1*Max.3 4 4 2 2* An Urban Lot Split parcel developed with a PDU would be limited to one additional unit, for a total of two units on the respective lot. The additional unit can be an SB 9 Unit, an ADU, or a JADU.Affordability.While SB 9 is silent regarding affordability provisions for residential units, the proposed amendments to the Zoning Ordinance (Section 8.81.060) and the Subdivision Ordinance (Section 9.54.070) require at least one unit created under SB 9 to be deed restricted as affordable to moderate income households. The affordable unit cannot be an ADU or JADU. The affordable unit would be subject to the applicable provisions of the City’s Inclusionary Zoning Regulations (Chapter 8.68). Intent to Occupy.The proposed amendments require an applicant for an SB 9 Unit Development or an Urban Lot Split to sign an affidavit, indicating intent to occupy either the PDU or SB 9 Unit as their principal residence for a minimum of three years from the issuance of an SB 9 unit’s Certificate of Occupancy, or in the case of an Urban Lot Split, from the date of approval of the subdivision.Design and Development Standards.The proposed design and development standards for an SB 9 Unit under Section 8.81.070 are intended to safeguard the characteristics of existing single-family neighborhoods in Dublin. For example, to help address potential concerns about aesthetics, the proposed standards regulate street-facing elevations, building color and materials, as well as roof roofs. Additionally, standards pertaining to second-story massing and height limits are proposed to help maintain privacy and access to light and air. Required parking is limited to a maximum of one space per unit, and no required parking if located near transit, as required by SB 9. Similarly, the proposed subdivisions standards for an Urban Lot Split under Section 9.54.060 are intended to
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limit changes to the fabric of existing neighborhoods by limiting the creation of irregularly configured lots and requiring lots to have frontage to the public right-of-way.Permitting. In accordance with State law, decisions on development and subdivisions under SB 9 are not subject to a public hearing nor can they be appealed if the application is found to comply with the requirements of SB 9 and the DMC. Thus, development under SB 9 would be subject to review and ministerial approval of a Zoning Clearance by the Community Development Director (Sections 8.81.080 and 8.81.090). Similarly, Urban Lot Splits would be subject to review and ministerial approval of a Parcel Map by the City Engineer (Section 9.54.080).Senate Bill 9 is complicated legislation and still being interpreted throughout the State. Future amendments and interpretations of the law are likely which could result in the need to modify Chapters 8.81 and 9.54. Additional amendments to these chapters may also be necessary as Staff implements SB 9 and these Ordinances.Master Fee Schedule AmendmentThe California Constitution authorizes local governments to recover the reasonable costs of providing services. SB 9 Unit Developments would be subject to a Zoning Clearance to review the proposal for consistency with the proposed new Chapter 8.81 and all other applicable objective standards within the Zoning Ordinance. The actual cost for Staff to review a “Zoning Clearance for SB 9 Unit Development” application would vary significantly depending on the scope of work. Therefore, Staff recommends establishing an application fee based on actual time and materials to recover the City’s full costs.A draft Resolution amending the Master Fee Schedule to establish an application fee for a Zoning Clearance for SB 9 Unit Development is included as Attachment 3.Consistency with the General Plan, Specific Plans, and Zoning OrdinanceThe proposed amendments are consistent with the Dublin General Plan and all applicable specific plans in that the amendments are necessary to comply with State law and are consistent with applicable land use regulations and development policies. Amendments to the Zoning Ordinanceare proposed to ensure consistency with State law and implementation of SB 9.
ENVIRONMENTAL DETERMINATION:The California Environmental Quality Act (CEQA), together with the State CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and when applicable, environmental documents be prepared. To facilitate local jurisdictions in implementing SB 9, the legislature included an exemption from CEQA for any local ordinance that is adopted to implement the new law. Staff is recommending that the project be found statutorily exempt from the requirements of CEQA pursuant to Division 13 (commencing with §21000) of the Public Resources Code.
PLANNING COMMISSION REVIEW:
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On February 22, 2022, the Planning Commission held a public hearing to consider the proposed amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) and unanimously adopted Resolution No. 22-03 (Attachment 4), recommending City Council approval.
STRATEGIC PLAN INITIATIVE:Strategy 3: Create More Affordable Housing Opportunities.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times on March 5, 2022, and March 10, 2022, and posted at several locations throughout the City. Additionally, the City Council Agenda and the Staff Report for this public hearing was also made available on the City’s website.
ATTACHMENTS:1) Ordinance Approving Amendments to Dublin Municipal Code Titles 8 (Zoning) and 9 (Subdivisions) to Implement Senate Bill 9 Effective Citywide2) Redlines of Proposed Dublin Municipal Code Amendments3) Resolution Amending the Master Fee Schedule by Establishing One New Application Fee, Based on Time and Materials, for Zoning Clearances for SB 9 Unit Developments4) Planning Commission Resolution No. 22-03
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Agenda Item 4.6
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Default of Non-Residential Electricity Accounts to East Bay CommunityEnergy Renewable 100 PowerPreparedby:Shannan Young,Environmental &Sustainability Manager
EXECUTIVE SUMMARY:The City Council will consider setting the default electricity for non-residential accounts to East Bay Community Energy’s Renewable 100 power in support of Climate Action Plan 2030 and Beyond goals to reduce greenhouse gas emissions. East Bay Community Energy is the City of Dublin’s energy provider and has supplied municipal accounts with Renewable 100 electricity since July 1, 2019,and residential accounts since January 1, 2022.Renewable 100 provides California-based wind and solar power which is 100% renewable and carbon-free.
STAFF RECOMMENDATION:Adopt the Resolution Requesting East Bay Community Energy Enroll City of Dublin Non-Residential Accounts in Renewable 100 as the Default Electricity Product.
FINANCIAL IMPACT:There is no impact to the General Fund. Municipal electricity accounts are currently supplied withRenewable 100 power. A discussion of the potential cost impacts to non-residential accounts is included below.
DESCRIPTION:BackgroundAt its March 1, 2022 meeting, the City Council received a report on the status of the default of residential accounts to East Bay Community Energy’s (EBCE) Renewable 100 power (Attachment 2) and provided direction to Staff regarding enrollment of non-residential accounts to Renewable 100.The City Council directed Staff to bring back a resolution requesting that the EBCE Board enroll non-residential accounts in Renewable 100 power in support of the goals in the City’s
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Climate Action Plan 2030 and Beyond (CAP 2030). CAP 2030 includes 22 measures intended to reduce greenhouse gas (GHG) emissions by 40% below 1990 levels by 2030 and to put the City on the path to reach carbon neutrality by 2045. Defaulting community-wide accounts to Renewable 100 is the most impactful measure in CAP 2030, with the potential to reduce GHG emissions in Dublin by 53% when both residential and non-residential accounts are defaulted to Renewable 100. Cost Impact to Non-Residential Accounts The impact to non-residential account holders depends on the amount of energy consumed and the electric rate category of the accountholder. Renewable 100 is one cent per kilowatt-hour more than PG&E’s standard rates. Non-residential bills vary widely, depending on the type of business or entity it is. Examples of businesses in the B1, B10, and B19 categories are provided in the table below (prior to a recent PG&E nomenclature change, these rate categories were called A1, A10, and E19). The average monthly electricity bill increases due to the default to Renewable 100 in these rate categories is 3.8%, 4.3%, and 5.1%, respectively. A more specific rate increase estimate for an individual accountholder may be obtained by contacting EBCE. Table 1. Example Business Types by Rate ScheduleB1 –Small/Medium Commercial B10 –Small/Medium Commercial B19 –Large CommercialCoffee shop Small Grocery High SchoolSmall Retail Car Dealer or Medium Retail Large Office BuildingCommon Areas in Multi-Family Dwellings Elementary School Light ManufacturingSmall Medical Office (Dentist)Quick Service Restaurant Movie Theater
Update on Status of Default EnrollmentsIn Dublin, residential accounts started transitioning to Renewable 100 in January. In Albany, Hayward, and Pleasanton, community-wide accounts (residential and non-residential) made the Renewable 100 transition at the same time. Depending on the billing cycle, accountholders mayhave seen the Renewable 100 rate on their bill as of March 1, 2022. To date, there has been very little new movement by accountholders to opt down to Bright Choice or to opt out to PG&E in response to higher electric bills. Outreach to Non-Residential AccountsIf the City Council approves the attached resolution requesting that EBCE enroll city-wide non-residential accounts to Renewable 100 as the default electricity product, a robust outreach effort about the transition will occur in the six months leading up to the transition. The outreach effort will focus on educating non-residential account holders about what the transition will mean for their business and inform the accountholders of the option to remain on EBCE’s discount product, Bright Choice, or opt-out to PG&E. At the minimum, outreach through the following methods will be used:
Collaborating with EBCE to provide one-on-one outreach, particularly to large energy users.
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Collaborating with the City’s Economic Development Staff to provide information in the Dublin Business Brief.
Coordinating with the Dublin Chamber of Commerce to provide written information and workshops for Chamber members.
Providing direct mail notifications.
Revising the Green Shamrock Business Recognition Program to promote Renewable 100 businesses.
Providing information on the City’s website and through social media, as appropriate.Conclusion and Next StepsWith City Council approval of the attached resolution, the EBCE Board will vote on the request at its April 20, 2022 Board meeting. If the EBCE Board approves the request, the default transition would begin in October 2022, aligning with non-residential account transitions occurring in Berkeley and San Leandro. EBCE would begin the procurement process for appropriate electricityresources and conduct the necessary system adjustments for the default enrollments. During this time, outreach to non-residential accountholders will be conducted. If the default energy product is switched to Renewable 100, account holders will retain the option to opt-down to EBCE’s discount power product, Bright Choice, or opt out to PG&E.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Requesting East Bay Community Energy Enroll City of Dublin Non-Residential Accounts in Renewable 100 as the Default Electric Product2) March 1, 2022 Staff Report on the Status of Community Default to East Bay Renewable 100 Power (without attachments)
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REQUESTING EAST BAY COMMUNITY ENERGY ENROLL CITY OF DUBLIN
NON-RESIDENTIAL ACCOUNTS IN RENEWABLE 100 AS THE DEFAULT
ELECTRICITY PRODUCT
WHEREAS,the City of Dublin has been a leader in the fight against climate change, having
adopted its first Climate Action Plan in 2010 with an update in 2013, with the goal to reduce
greenhouse gas (GHG) emissions to 1990 levels by 2020; and
WHEREAS,on September 15, 2020, the City Council adopted the City of Dublin Climate
Action Plan 2030 and Beyond (CAP 2030) which includes goals to reduce GHG emissions by 40%
below 1990 levels by 2030 and to put the City on a path to reach carbon neutrality by 2045; and
WHEREAS, CAP 2030 identifies renewable and carbon-free electricity as the biggest
opportunity to reduce GHG emissions within the City of Dublin; and
WHEREAS, the City’s electricity provider, East Bay Community Energy (EBCE), offers a 100%
carbon-free and 100% renewable electricity product called Renewable 100; and
WHEREAS, residential accounts were enrolled in Renewable 100 beginning January 1, 2022,
reducing GHG emissions in Dublin by approximately 28%; and
WHEREAS, enrolling non-residential accounts in Renewable 100 has the potential to reduce
GHG emissions in Dublin by an additional 25%; and
WHEREAS, non-residential accountholders in the City would retain the option to opt down to
EBCE’s discounted power portfolio, Bright Choice, which offers a lower percentage of carbon-free
electricity, or opt out to electricity provided by Pacific Gas & Electric; and
WHEREAS, establishing Renewable 100 as the default electricity for both residential and non-
residential accounts would allow Dublin to showcase its continued environmental leadership and
demonstrate efforts to create a sustainable community in line with the goals of CAP 2030.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
request that EBCE hereby enroll the City of Dublin in the Renewable 100 electric power portfolio as
the default electricity product for all non-residential accounts in the CIty.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin requests that the
EBCE Board consider Dublin’s Renewable 100 default power portfolio request at the earliest possible
upcoming EBCE Board Meeting.
{Signatures on the following page}
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Agenda Item 7.1
DATE:March 1, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Status of Community Default to East Bay Community Energy Renewable 100 PowerPrepared by:Shannan Young,Environmental & Sustainability Manager
EXECUTIVE SUMMARY:The City Council will receive a report on the status of the default of residential accounts to Renewable 100 electricity through the City’s electricity provider, East Bay Community Energy, and will consider the default electricity power portfolio for non-residential accounts.
STAFF RECOMMENDATION:Receive the report and provide direction on the East Bay Community Energy default electricity power portfolio for non-residential accounts.
FINANCIAL IMPACT:There is no impact to the General Fund but a discussion regarding the potential cost impacts of the Renewable 100 electricity power portfolio for non-residential accounts is included below. Municipal electricity accounts are currently supplied with the Renewable 100 power portfolio.
DESCRIPTION:BackgroundAt its January 12, 2021 meeting, the City Council adopted Resolution 04-21 (Attachment 1) requesting East Bay Community Energy (EBCE) enroll City of Dublin residential accounts in Renewable 100 as the default product. Renewable 100 is 100% greenhouse gas (GHG) emission-free and 100% renewable power (California-based wind and solar). The action was taken in support of the City’s Climate Action Plan 2030 and Beyond (CAP 2030) which was approved by the Council via Resolution 100-20 (Attachment 2) on September 15, 2020.CAP 2030 includes 22 measures that have the potential to achieve GHG emissions reductions of approximately 48,000 metric tons carbon dioxide equivalent by 2025. Approximately 28% of those GHG emissions reductions are expected to be achieved through the default enrollment of
Attachment 2
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residential accounts into Renewable 100 beginning in January 2022. An additional 25% GHG emissions reductions can be achieved by transitioning non-residential accounts (e.g., commercial and industrial accounts) to Renewable 100. CAP 2030 Measure CF-1, Opt Up to 100% Renewable and Carbon-Free Electricity, planned for enrollment of all community-wide accounts into a GHG-free electric power portfolio, but due to the rapidly evolving Covid-19 pandemic and economic uncertainty in January 2021, it was decided to postpone consideration of transitioning non-residential accounts to Renewable 100 to a later date since those accounts typically use more electricity than residential accounts.Residential Account TransitionEBCE anticipated that the enrollment of residential accounts into Renewable 100 would occur in October 2021, however the transition was delayed until January 2022 to align with similar default transitions occurring in the cities of Pleasanton, Hayward, and Albany. These three cities requested that all accounts, including non-residential accounts, be defaulted to Renewable 100. To help EBCE staff manage the activities required to transition the four cities, all the transitions were scheduled for January 2022.Individual account transitions do not occur all at once. The exact date of an account transitioning to Renewable 100 is based on the individual Pacific Gas & Electric (PG&E) meter read date, which varies from customer to customer. Residents enrolled in California Alternate Rates for Energy (CARE) and Family Electric Rate Assistance (FERA) programs, as well as Medical Baseline accounts will remain on EBCE’s Bright Choice power portfolio which is offered at a 1% discount compared to PG&E’s standard rates and provides approximately 5% more renewable energy than PG&E’s standard service. All customers retain the option to choose Bright Choice at any time. The discounted Bright Choice rates will be reflected on a customer’s PG&E bill in one or two billing cycles, depending on the timing of the customer request in relation to the meter read date. Residential OutreachOutreach to residents about the transition to Renewable 100 is occurring via several methods, as shown in Table 1 below. Residents have been provided information regarding why the transition is occurring, what their choices are, and how they can take action if they desire to remain on Bright Choice or opt out to PG&E. Samples of the outreach material are provided in Attachment 3.
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Table 1. Renewable 100 Residential OutreachCommunication Method Message Provided By Date ProvidedPress Release EBCE 11/22/2021Direct mail notification,by letter (Notice 1)EBCE Beginning 11/30/2021 (sent to customers based on their meter read dates)Backyard Brief Newsletter City 12/1/2021Print and digital ads in The Independent EBCE 8 weeks in December 2021 and January 2022Tabling at the Holiday Tree Lighting Ceremony City and EBCE 12/2/2021Tabling at Breakfast with Santa City and EBCE 12/4/2021Email to customers with email addresses on file with PG&E (Notice 1)EBCE 12/7/2021 and 12/8/2021Webinars EBCE Various dates beginning 12/8/2021City of Dublin News Flash City 12/8/2021 (City list)12/13/2021 (Environmental list)Social media posts (Twitter and Facebook) –retweet of 11/22/2021 press release City 12/2/2021 and 12/8/2021Direct mail notification by postcard (Notice 2)EBCE Beginning 1/2/2022(sent to customers based on their meter read dates)Email to customers with email addresses on file with PG&E (Notice 2)EBCE 1/11/2022Direct mail notification City February 2022City Report City February 2022Web page updates City and EBCE On-goingConsideration of Non-Residential Accounts Transition to Renewable 100To reach the CAP 2030 goals, community-wide participation in and engagement with many of the 22 measures is required. This includes setting the default for non-residential electricity accounts from EBCE’s discount power product, Bright Choice, to Renewable 100. Non-residential accounts consume approximately 46.4% of the total electricity used in Dublin, which equates to about 11,844 metric tons carbon dioxide equivalent. This is a little more than a third of the remaining GHG emissions reductions that can be achieved by 2025 with the measures in CAP 2030.Table 2 below shows average monthly electricity usage and associated billing for the different rate categories in Dublin. With the exception of A10 and E20P, these are estimates using summary rates, based on annual kilowatt hours (kWh) electricity usage, and averaged using the March 2021
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Joint Rate Comparison blended rates, which are available from EBCE at https://ebce.org/rates/. The numbers for A10 and E20P rate categories are based upon EBCE territory-wide averages for each of these two rate categories instead of Dublin-specific usage. This is necessary because Senate Bill 1476, Public Utilities, Customer Privacy, Advanced Metering Infrastructure, requires aggregated data from a minimum of 15 customers to ensure customer data privacy.Table 2. Average Monthly Electricity Usage for Non-Residential Accounts in Dublin
Summary Rate & Rate Category Accounts
Avg. Monthly Usage(kWh)Monthly Bright Choice Avg.Monthly Renewable 100 Avg.
Monthly Bright ChoiceAvg. Discount
Monthly Renewable 100 Avg. Premium IncreaseA1-Small/ MediumCommercial 193 346.5 $91.38 $95.22 $0.38 $3.47 3.8%A1 TOU*-Small/ Medium Commercial 1,630 1,463.5 $395.40 $411.65 $1.60 $14.65 3.7%A10 -Small/ Medium Commercial**1 11,747 $2,819.72 $2,950.85 $13.86 $117.47 4.2%A10 TOU –Small/ Medium Commercial 211 15,548.6 $3,641.02 $3,814.70 $18.35 $155.33 4.3%E19 –Large Commercial 121 31,561.3 $6,215.38 $6,564.76 $33.77 $315.61 5.1%E20P -Large Commercial**1 754,170 $131,029.50 $139,310.28 $739.09 $7,541.69 5.8%* TOU means time-of-use. TOU rates change based on the time of day, with higher rates during peak electricity use times, typically 4 pm to 9 pm.** A10 and E20P rates based upon territory-wide averages, not actualDublin accountsThe rate categories shown above roughly correspond with the size of electricity load consumed by the customer. Rate A1 is for a typical small business such as a small office or small food establishment. The next rate category, A10, is for operations that involve higher load activities such as power tools or refrigeration, such as a small market or grocery store. Rate categories E19 and E20 involve the largest commercial or industrial scale enterprises, such as those with heavy machinery or giant conditioned spaces that require a lot of onsite energy use. A large grocery store could be in the E19 rate category. PG&E’s Annual Rate SettingA factor that will impact electricity rates of all customers in PG&E’s territory was approved in December 2021 by the California Public Utilities Commission (CPUC) as part of PG&E’s annual rate review and true-up. To generate revenue needed to complete maintenance and repairs to the electric grid and to prevent equipment failures that spark wildfires, the CPUC approved a 10%
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rate increase for the transmission and distribution of electricity. The transmission and distribution fee, which on the PG&E bill is referenced as the PG&E electric delivery charge, is determined based on the amount of electricity consumed, the rate category, and the time of day itis consumed. The fee is lower during off-peak hours and highest in peak hours (4 pm to 9 pm). The 10% rate increase went into effect on January 1. Status of Default EnrollmentsEBCE has been tracking enrollment status in Dublin, Albany, Hayward, and Pleasanton to determine how the new community default enrollments are impacting customer decisions to optdown to Bright Choice or opt out to PG&E. Tables 3 and 4 below show residential account enrollment status and non-residential account enrollment status, respectively. As can be seen in the tables, most of the enrollment actions taken since November 2021, when outreach concerningthe default enrollments began, have been taken by residential customers. As of January 4, 2022, 3.47% of residential customers in Dublin acted to either stay on EBCE’s Bright Choice power or opt out to PG&E. This is a relatively low rate of enrollment actions compared to Albany, Hayward,and Pleasanton (12.42%, 11.86%, and 5.39%, respectively). The non-residential enrollment actions in those cities have been minor compared to the residential actions. In all three cities, fewer than 2% of non-residential customers made enrollment actions to either opt out of the default enrollment to Renewable 100 or opt down to Bright Choice. Non-residential accounts in Dublin are currently in Bright Choice. Noticing to date has been targeted to residential accountsabout the default enrollment to Renewable 100, however non-residential accounts may have taken action in response to the outreach. This may explain the non-residential enrollment action since November 2021 in Dublin.Table 3. EBCE Residential Account Enrollment Status As of January 4, 2022 Change from November 2021Total Eligible Total % Move to/Stay on Bright Choice % Opt Out % Move to/Stay on Bright ChoiceDublin25,126 3.20%0.27%3.20%Albany 6,674 13.35%0.21%12.21%Hayward 50,425 12.51%0.19%11.67%Pleasanton 28,105 5.46%0.66%4.73%All EBCE 608,087 1.72%0.10%1.58%Table 4. EBCE Non-Residential Account Enrollment StatusAs of January 4, 2022 Change from November 2021
Total Eligible Total % Move to/Stay on Bright Choice % Opt Out % Move to/Stay on Bright ChoiceDublin2,377 0.34%0.05%0.34%Albany 668 2.25%-0.03%1.34%Hayward 7,376 1.99%0.10%1.01%Pleasanton 3,980 2.56%0.19%1.76%All EBCE 65,985 4.11%0.04%3.93%
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Conclusion and Next StepsDublin made great strides to meet the goals established in CAP 2030 to reduce GHG emissions by 40% below 1990 levels by 2030 and achieve carbon neutrality by 2045 when the City Council requested that the EBCE Board default residential accounts to Renewable 100. The City can make additional gains towards achieving the goals by requesting the EBCE Board do the same with non-residential accounts. As with the residential consumers, commercial and industrial users would retain the option to remain on Bright Choice or opt out to PG&E. With City Council direction to default non-residential accounts to Renewable 100, Staff would bring a resolution back to the City Council for adoption at the next meeting. This would allowEBCE time to align Dublin’s transition with those occurring in Berkeley and San Leandro in October 2022. Staff would partner with EBCE to conduct a robust outreach effort to commercial and industrial customers about the default to Renewable 100.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution 04-21 Requesting East Bay Community Energy (EBCE) Enroll City of Dublin Residential Accounts in Renewable 100 as the Default Electricity Product2) Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond3) Samples of Renewable 100 Residential Outreach
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Agenda Item 4.7
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Change Order No. 1 for Amended and Restated Energy Services Contract Between the City of Dublin and Engie Services, Inc. (formerly OpTerra Energy Services, Inc.)Prepared by:Jordan Foss,Management Analyst II
EXECUTIVE SUMMARY:The City Council will consider approval of a change order to the contract with Engie Services, Inc. (formerly OpTerra Energy Services, Inc.) for operation and maintenance of City solar panels to add the Public Safety Complex into the scope of work.
STAFF RECOMMENDATION:Adopt the Resolution Approving Change Order No. 1 to the Amended and Restated Energy Services Contract for Operation and Maintenance between the City of Dublin and Engie Services, Inc. (formerly OpTerra Energy Services, Inc.)to add the Public Safety Complex into the scope of work.
FINANCIAL IMPACT:The cost of the additional services at the Public Safety Complex is $12,414.00 over the remaining two years of the contract.The costs will be paid from the maintenance operating budget, which is funded by the General Fund.
DESCRIPTION:In May 2011, the City Council approved an agreement with Chevron Energy Solutions to conduct an energy audit of all City facilities.In August 2011, based on the findings of the audit, the City entered into an Energy Service Contract and an associated financing contract with Chevron Energy Solutions for the implementation and funding of certain energy related improvements to city facilities. On May 2, 2017, the City Council adopted Resolution 41-17, approving an Amended and Restated Agreement with OpTerra Energy Services, Inc.(as successor-in-interest to Chevron Energy Solutions)to remove the Annual Performance Guarantee Fee of $35,000.The fee was
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determined to be unnecessary because the constructed energy improvements were consistently outperforming the original performance projections.Engie Services, Inc. purchased Opterra Energy Services, Inc. and its subsidiaries, and in July 2018, Engie Services, Inc. began providing services to the City as outlined in the Amended and Restated Agreement.In February 2020, the Public Safety Complex (PSC) project was completed. As part of this project, solar canopies were installed in the secured parking lot. The PSC solar panels have been receiving complimentary monitoring services from the installer (Fronius) as part of the solar package, however the PSC panels do not have an annual maintenance plan. Staff recommends the PSC solar panels be added to the existing annual maintenance plan that covers the solar panels at other City facilities, which is provided by Engie Services, Inc. The maintenance plan includes monthly reporting on historical and comparative photovoltaic production, comprehensive monitoring services, quarterly maintenance of the panels (visual washing of solar panel surfaces), and preventative maintenance of solar panel and grid connectivity. The addition of these services at the PSC will increase the agreement fee by $12,414.00.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Resolution Approving Change Order #1 to the Amended and Restated Agreement between the City of Dublin and Engie Services, Inc. (formerly OpTerra Energy Services, Inc.)2) Exhibit A to the Resolution – Change Order No.1 to the Amended and Restated Agreement
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted 04/05/2022 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING CHANGE ORDER NO. 1 FOR AMENDED AND RESTATED ENERGY
SERVICES CONTRACT BETWEEN THE CITY OF DUBLIN AND ENGIE SERVICES, INC.
(FORMERLY OPTERRA ENGERY SERVICES)
WHEREAS,on August 1, 2011, the City Council approved an Energy Service Contract and
an associated financing contract with Chevron Energy Solutions Company for the implementation
and funding of certain energy related improvements to City of Dublin Facilities; and
WHEREAS,on October 24, 2015, the City Council approved an amendment to the Energy
Services Contract; and
WHEREAS,on May 2, 2017, the City Council approved an Amended and Restated
Contract between the City of Dublin and OpTerra Energy Services, Inc. (successor-in-interest to
Chevron Energy Solutions Company, a division of Chevron U.S.A. Inc.) clarifying the operation
and maintenance services to the City of Dublin; and
WHEREAS,Engie Services, Inc. purchased Opterra Energy Services, Inc., and in July
2018, began providing services to the City as outlined in the Amended and Restated Agreement;
and
WHEREAS,on February 22, 2020, the City of Dublin Public Safety Complex was dedicated
and opened, and the Public Safety Complex parking lot includes solar panels that require routine
annual maintenance; and
WHEREAS,the City Council desires to approve a Change Order No.1 to the Amended and
Restated Agreement Amendment between the City of Dublin and Engie Services Inc. (formerly
OpTerra Energy Services, Inc.), to provide for the routine annual maintenance of the Public Safety
Complex solar panels.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve Change Order No. 1 to the Amended and Restated Energy Services Contract for
Operation and Maintenance attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that that upon the effective date of Change Order No. 1 to
the Amended and Restate Energy Services Contract for Operations and Maintenance, the Public
Safety Complex is added as a location to the agreement scope of work.
BE IT FURTHER RESOLVED that the City Manager or designee is authorized to execute
the Change Order No. 1 to the Amended and Restated Energy Services Contract for Operation
and Maintenance and make any necessary, non-substantive changes to carry out the intent of
this Resolution.
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Reso. No. XX-22, Item X.X, Adopted 04/05/2022 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
115
ENGIE Services Project #: CN-000692
ENGIE Services Contract # CU1286
Page 1 of 1 Change Order to ESC
V 12/5/15
Change Order No. 01
Customer Contract Title:
Operation and Maintenance Agreement
Customer Contract No.
CU1286
Customer Contract Effective Date:
3/29/2017
Change Order Effective Date:
2/1/2022
Customer Name: City of Dublin
Customer Address: 100 Civic Plaza
Dublin, CA 94568
Contact: Dean McDonald, Public Works Maintenance Superintendent
Job Location: Public Safety Complex
Description of
Change Order: The Scope of Work set forth in Attachment A to the Operation and Maintenance Agreement
referenced above is hereby amended to add the following scope and cost revisions in this
Change Order. Further explanation is as follows:
PCO #1:
1. Project Location to add the existing PV System services at the Public Safety Complex.
2. Article 1. “Annual Maintenance and Monitoring Fee”. Start the O&M and monitoring services in year
nine 2/1/2022, and year ten, 2/2/2023 of the O&M term.
Change from:
Year Period M&V
Services
Monitoring
Services
PV O&M
Services Total Fee
9 2022 $ - $ 12,238 $ 19,926 $ 32,164
10 2023 $ - $ 12,238 $ 20,524 $ 32,762
Change to:
Year Period M&V
Services
Monitoring
Services
PV O&M
Services Total Fee
9 2022 $ - $ 13,419 $ 24,679 $ 38,099
10 2023 $ - $ 13,822 $ 25,420 $ 39,241
Original Contract Amount for year 9 & 10: $64,926.00
Prior Amendment(s) Added (+): $.00
This Amendment Will Add (+): $12,414.00
Revised Contract Amount: $77,340.00
The changes within are hereby authorized, subject to the terms and conditions of that certain Customer Contract referenced above
by and between ENGIE Services U.S. Inc., and City of Dublin. Except as set forth herein, the Customer Contract is not amended,
modified, impaired or otherwise affected, and is hereby confirmed in full force and effect.
CITY OF DUBLIN ENGIE SERVICES U.S. INC.
By: By:
Print Name: Print Name:
Title: Title:
RETURN EXECUTED COPY TO: ENGIE Services U.S. Inc., 500 Twelfth Street, Suite 300, Oakland, CA 94607, Attn.: Contract
Administrator
Director, Service Management
Jamal Aboueljoud
Attachment 2
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Agenda Item 4.8
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Amendment to the Memorandum of Understanding for Dublin Place Shopping CenterPreparedby:Hazel L.Wetherford,Economic Development Director
EXECUTIVE SUMMARY:The City Council will consider approval of a second amendment to the Memorandum of Understanding with ASVRF 7300 Amador, LP (as successor in interest to ASVRF Acquisitions, LLC), ASVRF Dublin Place, LP, and ASVRF 6960 Amador,LP regarding Dublin Place Shopping Center. The Amendment includes a 14-month term extension.
STAFF RECOMMENDATION:Adopt the Resolution Approving a Second Amendment to the Memorandum of Understanding regarding Dublin Place Shopping Center.
FINANCIAL IMPACT:There is no financial impact associated with the approval of this Amendment.
DESCRIPTION:On October 15, 2019, the City Council adopted Resolution No. 107-19 (Attachment 3) approving a Memorandum of Understanding (MOU) between the City of Dublin and ASVRF Acquisitions, LLC, ASVRF Dublin Place, LP, and ASVRF 6960 Amador LP for Dublin Place Shopping Center.On April 6, 2021, the City Council adopted Resolution No. 26-21 (Attachment 4) approving a First Amendment to the Memorandum of Understanding extending the term by 12-months.Located in the Retail District of Downtown Dublin, Dublin Place Shopping Center contains eight parcels with two property owners. ASVRF Dublin Place, LP, also known as American Realty Advisors (ARA), now owns six of the eight parcels. At the time of the initial MOU in September
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2019, ARA only owned five of the eight parcels and desired to acquire 7300 Amador Plaza Rd. in partnership with the City of Dublin.During that time, the City was working on the development of the Downtown Preferred Vision project and was working with ARA to develop new and more appropriate uses for the Shopping Center consistent with the City’s Downtown Dublin Specific Plan, and to amend the Covenants, Conditions and Restrictions (CC&Rs) and Reciprocal Easement Agreement (REA) encumbering the Shopping Center.The MOU outlined the terms between ARA and the City as it related to the joint commitment of funds towards the acquisition of 7300 Amador Plaza Rd. As part of the acquisition, the City contributed $3,000,000 and ARA contributed $3,775,000. The MOU outlined the following requirements of ARA:
Acquire the other portions of the Shopping Center, and if successful in acquiring the remaining sites, cooperate in the City’s efforts to site a town square park and sell the City the necessary acreage as outlined in the MOU;
Identify and create a separate site for the development of an up-to-80-unit affordable senior housing site;
Obtain termination rights and/or relocation rights within the leases for any future lease(s) within both the 7950 Amador Valley Blvd. property and 7300 Amador Plaza Rd. property;
Apply for a permit for a new monument signage program which would include a rebranding effort of the Shopping Center; and
If, during the 18-month period as outlined in the MOU, the City does not approve a higher and better use of 7505 Dublin Blvd. as part of a larger redevelopment of the Shopping Center, or if ARA decides that it would be beneficial not to develop 7505 Dublin Blvd. as part of a larger redevelopment of the Shopping Center, then ARA will obtain a building permit for the development of 7505 Dublin Blvd.Due to the COVID-19 pandemic and the ongoing impact to owners and tenants of retail properties, priorities were shifted and substantial delays in negotiations occurred. ARA has commenced negotiations again with the remaining property owner; however, additional time is needed. It is for this reason that the City and ARA have agreed to extend the MOU for a period of 14 months to June 30, 2023.
STRATEGIC PLAN INITIATIVE:Strategy 1: Implement the City’s Adopted Preferred Vision for Downtown Dublin.Objective B: Work with property owners on acquisitions that result in the creation of a future town square.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted, and a copy of this Staff Report has been provided to ARA.
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ATTACHMENTS:1) Resolution Approving a Second Amendment to the Memorandum of Understanding Regarding Dublin Place Shopping Center2) Exhibit A to the Resolution – Second Amendment to the Memorandum of Understanding (Dublin Place Shopping Center)3) Resolution No. 107-19 Approving a Memorandum of Understanding Regarding Dublin Place Shopping Center4) Resolution No. 26-21 Approving a First Amendment to the Memorandum of Understanding (Dublin Place Shopping Center)
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Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 2
RESOLUTION NO. XX – 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
REGARDING DUBLIN PLACE SHOPPING CENTER
WHEREAS,on October 15, 2019, the City Council adopted Resolution No. 107-19 approving a
Memorandum of Understanding (MOU) between the City of Dublin and ASVRF Acquisitions, LLC,
ASVRF Dublin Place, LP, and ASVRF 6960 Amador, LP also known as American Realty Advisors
(ARA) for Dublin Place Shopping Center; and
WHEREAS,on April 6, 2021, the City Council adopted Resolution No. 26-21 approving a First
Amendment to the MOU; and
WHEREAS,upon the City’s request, ARA agreed to use commercially reasonable efforts to
facilitate future development of the Shopping Center and site a Town Square, including the acquisition
of 7300 Amador Plaza Rd. (the “Property”); and
WHEREAS,the MOU outlined the terms between ARA and the City as it related to the joint
commitment of funds towards the acquisition of the Property; and
WHEREAS,due to the COVID-19 pandemic and the ongoing significant impact to owners and
tenants of retail properties, priorities were shifted and substantial delays in negotiations occurred; and
WHEREAS, ARA has commenced negotiations again with the remaining property owner;
however, additional time is needed; and
WHEREAS,the City requested, and ARA agreed, to extend the MOU for a period of 14-
months.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the Second Amendment to the Memorandum of Understanding between the City of Dublin
and ASVRF 7300 Amador, LP, ASVRF Dublin Place, LP, and ASVRF 6960 Amador, LP regarding
Dublin Place Shopping Center.
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, as deemed appropriate by the City Manager.
{Signatures on the following page}
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Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2
PASSED, APPROVED AND ADOPTED this 5th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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ARAV-55373\2400145.1
SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
(Dublin Place Shopping Center)
This Second Amendment to Memorandum of Understanding (“Second Amendment”)
dated as of April 5, 2022 (“Effective Date”), is entered into between and among the City of
Dublin (the “City”), ASVRF 7300 Amador, LP, a Delaware limited partnership (“ASVRF 7300”)
as successor in interest to ASVRF Acquisitions, LLC, a Delaware limited liability company
(“ASVRF Acquisitions”), ASVRF Dublin Place, LP, a Delaware limited partnership (“ASVRF
Dublin”) and ASVRF 6960 Amador, LP, a Delaware limited partnership (“ASVRF Amador” and
collectively “Owners”). The City and Owners are each individually referred to as a “Party” and
collectively referred to as the “Parties.” Capitalized terms not defined in this First Amendment
shall have the meanings specified in the MOU.
RECITALS
WHEREAS, ASVRF Acquisitions assigned all of its interest under the Purchase
Agreement to ASVRF 7300 which has acquired 7300 Amador Plaza Road, Dublin, California,
Assessor’s Parcel No. 941-0305-027 (the “7300 Amador Property”), located within the Dublin
Place Shopping Center (the “Shopping Center”); and
WHEREAS, the Owners wish to develop new and more appropriate uses for the
Shopping Center consistent with the City’s Downtown Dublin Specific Plan, including the siting
of a Town Square and the City is supportive of these efforts; and
WHEREAS, Owners and the City desire to see the Covenants, Conditions & Restricts
(CC&Rs) and Reciprocal Easement Agreement (REA) encumbering the Shopping Center
amended to allow more appropriate uses at the Shopping Center, consistent with the City’s
Downtown Dublin Specific Plan, redevelopment opportunities of various areas within the
Shopping Center, and/or improved signage; and
WHEREAS, to bring specificity to their joint commitment and to set out in general terms
and actions to encourage future development of the Shopping Center and siting of a Town
Square, consistent with the City’s Downtown Specific Plan, the Parties entered into a
Memorandum of Understanding dated October 15, 2019 (the “MOU”); and
WHEREAS, the Parties executed the First Amendment to the MOU on April 6, 2021
extending the term of the MOU to April 14, 2022;
WHEREAS, in response to a request by the City, Owners have agreed to extend the
Term of the MOU upon the terms and conditions set forth herein.
NOW THEREFORE, the Parties hereby agree as follows:
Section 1. Recitals. The Recitals stated above are hereby ratified by the Parties as
being true, accurate and correct and are incorporated herein as if set forth in full.
Section 2. Term. The Term of this MOU shall be extended to the close of business
on June 30, 2023 and any other time periods specified in the MOU shall be extended
accordingly.
" #
Attachment 2
Exhibit A to the Resolution
132
ARAV-55373\2400145.1 2
Section 3. Entire Agreement. The MOU, as modified by this Second Amendment,
contains all of the agreements and understandings related to the subject matter hereof.
Section 4. Remainder of MOU Unmodified. Except as set forth in this Second
Amendment, the Parties agree that the MOU is unmodified and in full force and effect and that
no Party is in breach of any obligations thereunder. To the extent that the terms of the MOU
conflict with the terms of this Second Amendment, the terms of this Second Amendment shall
be controlling.
Section 5. Counterparts. This Second Amendment may be executed in multiple
counterparts, each of which shall be an original and all of which together shall constitute one
instrument.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment, effective as of
the date first written above.
CITY OF DUBLIN
By:
Linda Smith, City Manager
Attest:
By:
Marsha Moore, City Clerk
Approved as to form
By:
John D. Bakker, City Attorney
ASVRF 7300 Amador, LP
a Delaware limited liability partnership
By: ASVRF Dublin Place GP Corporation,
a Delaware corporation,
its General Partner
By:
Name: Kirk Helgeson
Its: Executive Vice President
Date:
ASVRF DUBLIN PLACE, LP
a Delaware limited partnership
By: ASVRF Dublin Place GP Corporation,
a Delaware corporation
its General Partner
By:
Name: Kirk Helgeson
Its: Executive Vice President
Date:
" #
!
!
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ARAV-55373\2400145.1 3
ASVRF 6960 AMADOR, LP
a Delaware limited partnership
By: ASVRF Dublin Place GP Corporation,
a Delaware corporation
its General Partner
By:
Name: Kirk Helgeson
Its: Executive Vice President
Date:
" #
!
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Attachment 3
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Attachment 4
144
145
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Agenda Item 6.1
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:Weed and Combustible Refuse Abatement OrderPreparedby:Bonnie Terra,Division Chief
EXECUTIVE SUMMARY:The City Council will conduct the public hearing in accordance with Resolution 06-22 (adopted February 1, 2022) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks,and property in the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations.
STAFF RECOMMENDATION:Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process.
FINANCIAL IMPACT:Initial cost of abatement and administration fee will be billed to the property owners if they fail to abate the problem. There will be no net cost to the City.
DESCRIPTION:In accordance with Resolution No. 06-22 (Attachment 1), the City Council declared that there is a public nuisance created by weeds and combustible debris growing, accumulating upon the streets, sidewalks,and property with the City of Dublin. With this declaration, the Fire Chief or his designee shall notify property owners of violations and order abatement without delay. If the abatement is not completed, the City of Dublin shall, at the expense of the owners, have the weeds or refuse removed.The declaration of a hazard was approved by the City Council on February 1, 2022. Following that approval, a Notice to Destroy or Remove Weeds and Refuse was posted (Attachment 2). This year, 184 inspections were conducted during the week of March 7, 2022 and 57 First Notice letters
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(Attachment 3) were sent to property owners during the week of March 14, 2022 advising them to abate the hazard.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:In accordance with State law, a public notice was published in the East Bay Times and posted in several locations throughout the City. The Staff Report and attachments were made available for public review 10 days prior to the public hearing. The City Council Agenda was posted.
ATTACHMENTS:1) Resolution 06-22 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof 2) Notice to Destroy or Remove Weeds and Refuse 20223) First Notice Letter
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Reso. No. 06-22, Item 4.3, Adopted 02/01/2022 Page 1 of 1
RESOLUTION NO. 06 - 22
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DECLARING WEEDS AND COMBUSTIBLE REFUSE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, Government Code Section 39502 et. Seq. authorizes the legislative body of
a city to adopt an Ordinance to provide for the abatement of weeds and combustible refuse; and
WHEREAS, the Alameda County Fire Department is under contract to provide services
and exercise the powers common to the City of Dublin; and
WHEREAS, The City of Dublin did adopt Ordinance No. 13 -97, adding Chapter 5.70 of
the Dublin Municipal Code [Weeds and Refuse] providing for the abatement of weeds and
refuse.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
Pursuant to section 5.70.030 of the Dublin Municipal Code, the Alameda County Fire
Department and the City of Dublin hereby declare as public nuisances all weeds an d refuse
growing or accumulating upon the streets, sidewalks, and property as defined in section
5.70.030, in the City of Dublin.
BE IT FURTHER RESOLVED that the fire Chief, or his designee, shall cause notice to be
given to the public in the form and manner provided in sections 5.70.030 and 5.70.040 of the
Dublin Municipal Code, notifying said public of the passage of this Resolution and further that on
April 5, 2022 at 7:00 p.m., the City Council of the City of Dublin will conduct a pu blic hearing to
hear and consider objections to this abatement order.
PASSED, APPROVED AND ADOPTED this 1st day of February 2022, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
DocuSign Envelope ID: 8717D921-3D5C-4E5D-9EBF-113A0073C8AA Attachment 1
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Attachment 2
CITY OF DUBLIN
and
ALAMEDA COUNTY FIRE DEPARTMENT
NOTICE TO DESTROY OR REMOVE WEEDS AND REFUSE
NOTICE IS HEREBY GIVEN that on February 1, 2022, pursuant to the provisions
of Section 5.70.030 of Chapter 5.70 of the Municipal Code of the City of Dublin,
the City Council of the City of Dublin adopted a resolution declaring that all weeds
and/or refuse growing or accumulating upon any private property or in a public
street or alley, constitutes a public nuisance, and such nuisance must be abated by
the destruction or removal thereof.
NOTICE IS FURTHER GIVEN that the property owners shall, without delay,
remove or cause to be removed all such weeds and refuse from their property and
from the abutting half of the street in front of alleys, if any, behind such property,
and between the lot lines thereof extended, or such weeds will be destroyed and
removed and such refuse will be removed and such nuisance or nuisances created
thereby abated by the City of Dublin, in which case the costs will constitute a lien
upon such lots or lands until paid and will be collected upon the next tax roll upon
which general municipal taxes are collected. All property owners having any
objections to the proposed destruction or removal of such weeds and/or refuse are
hereby notified to attend a meeting of the City Council of the City of Dublin to be
held at the Dublin Civic Center on April 5, 2022, at 7:00 p.m., when their
objections will be heard and given due consideration.
Dated: This 1st day of February, 2022
Marsha Moore, City Clerk
City of Dublin
PUBLICATION INSTRUCTIONS:
1)Saturday – March 19, 2022
(Must appear at least 10 days before the hearing. [sec. 6062(a) CGC].)
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March 14, 2022
«Property_Owner»
«Mail_to_COMPANY»
«Mail_to_ADDRESS»
«Mail_to__CITY_STATE_ZIP»
SUBJECT PROPERTY
«Parcel_No»
«Street_» «Street_Name»
The above subject property was inspected the week of March 7, 2022 and determined to
be in violation of Section 5.70.020 of the Municipal Code of the City of Dublin. The
Weed, Rubbish and Litter Ordinance 13-97 designed to minimize or eliminate weeds, or
other nuisances, before they become a hazard. The Ordinance applies to violations
anywhere on the property, whether in an open field, front yard, enclosed side yard, or
rear yard. A copy of the removal requirements is enclosed for your reference.
By checking your property now and eliminating any hazards, you can avoid possible
enforcement action and any related fees. Abatement shall be in accordance with the
enclosed removal requirements.
The City Council of the City of Dublin will conduct a Public Hearing on Tuesday, April 5,
2022, to hear and consider objections to this abatement order.
The Fire Prevention division will re-inspect your property on or after April 11, 2022, to
verify compliance. If there are no violations noted, there will be no further notices or
inspections required.
Failure to abate your property may ultimately result in a City of Dublin contractor abating
your property and an additional administrative fee being added to the contractor’s cost.
If it becomes necessary to place a levy on your property to recover unpaid fees, there
may also be an additional charge.
Remember, to avoid any charges or a citation, all weeds and debris must be removed by
the above listed date and maintained throughout the year.
Your cooperation is appreciated, and we thank you for your efforts in maintaining a fire
safe community.
If you have any questions regarding this notice, please contact the Alameda County Fire
Department, Dublin Fire Prevention Division at (925) 833-6606.
Enclosure
Attachment 3
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Page 1 of 3
Agenda Item 7.1
DATE:April 5, 2022
TO:Honorable Mayor and City Councilmembers
FROM:Linda Smith, City Manager
SUBJECT:First Reading of Ordinance Amending Dublin Municipal Code Sections2.08.020 and 2.08.040 and Providing for an Increase for in Salary forMembers of the City Council and the MayorPreparedby:Linda Smith,City Manager and Marsha Moore,MMC,City Clerk
EXECUTIVE SUMMARY:The City Council will introduce an ordinance revising the Dublin Municipal Code to provide for a salary adjustment for City Councilmembers and the Mayor following certification of the November 2022 General Municipal Election.
STAFF RECOMMENDATION:Waive the reading and INTRODUCE the Ordinance Amending Dublin Municipal Code Sections 2.08.020 and 2.08.040 Providing for an Increase in the Salary for Members of the City Council and Mayor.
FINANCIAL IMPACT:Sufficient funds are included in the Fiscal Year 2022-23 and 2023-24 budgets to cover the increase.
DESCRIPTION:Chapter 2.08.020 of the Dublin Municipal Code establishes the salaries for City Councilmembers. The City Council last adjusted salaries for City Councilmembers in December 2020, which was effective after the November 2020 election. City Councilmembers currently receive $1,285.10 per month as compensation. Dublin Municipal Code Chapter 2.08.040 provides an additional $100 per month to the Mayor in addition to the salary received as a Councilmember. The Mayor’s currently salary is $1,385.10. At the March 1, 2022 meeting, the City Council agreed to a salary increase for City
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Councilmembers equal to 5% per year since its last increase in December 2020, as allowed by Government Code Section 36516(a)(4). With the increase, City Councilmembers will receive $1,416.82 per month. The City Council also agreed to a salary increase for the Mayor. During the meeting, the City Council discussed the Mayor’s differential be increased by $50, to $150 per month, with the caveat that the Staff will review and return with comparison of differentials for mayors locally. In accordance with Dublin Municipal Code Section 2.08.020B and State Law, the increase would not become effective until newly elected Councilmembers are sworn into office following certification of the November 2022 election.Government Code Section 36516.1 provides for an elected mayor to be provided with compensation in addition to that which is received as a councilmember. It does not state that the additional compensation for an elected mayor must be delayed until after a new mayor’s term starts. The City Council could allow the additional salary received for being mayor become effective immediately.Comparison of Mayor SalariesAt the March meeting, the City Council asked Staff to look at the differentials in the mayor salariesat surrounding jurisdictions. Staff collected data from all Alameda County cities, excluding Oakland and Berkeley due to their salary and staffing structures. Alameda County cities were selected as these communities are part of the same jurisdiction/boundary and work closely with one another on items of mutual interest. In summary, the Dublin mayor has the second lowest differential along with the City of Pleasanton at $100. On average with cities that have directly elected mayors, the salary differential is approximately $1,000. Staff also looked at general law cities versus charter cities. General law cities pay, on average, $760 more to their mayors, whereas charter cities pay, on average, $1,250 more in differential pay.
City CC Members Mayor DifferentialAlameda$50.00 $50.00 $ - Albany $300.00 n/a n/aEmeryville$1,157.00 n/a n/aFremont$2,119.00 $3,764.52 $1,645.52 Hayward $2,081.25 $3,330.00 $1,248.75 Livermore $1,070.00 $1,490.00 $420.00 Newark $1,247.00 $2,727.00 $1,480.00 Pleasanton $1,201.00 $1,301.00 $100.00 San Leandro $1,272.75 $3,780.00 $2,507.25 Union City $1,625.00 $2,437.00 $812.00 Dublin $1,285.00 $1,385.00 $100.00
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Average Salary with Directly Elected Mayors:$1,370.75 $2,397.44 $1,026.69 Average Salary (General Law)$1,424.50 $2,184.09 $759.59 Average Salary (Charter)$1,134.67 $2,386.67 $1,252.00
Should the City Council wish to make any adjustments to the mayor pay differential as a result of this research, the changes could be incorporated into tonight’s introduction of the ordinance.
STRATEGIC PLAN INITIATIVE:None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted.
ATTACHMENTS:1) Ordinance Amending Dublin Municipal Code Sections 2.08.020 and 2.08.040 and Providing for an Increase in the Salary for Members of the City Council and the Mayor2) Dublin Municipal Code Chapter 2.08
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Attachment 1
Ord No XX-22, Item No. X.X Adopted XX/XX/XXXX Page 1 of 2
ORDINANCE NO. xx – 22
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE SECTIONS 2.08.020 AND 2.08.040
AND PROVIDING FOR AN INCREASE IN THE SALARY
FOR MEMBERS OF THE CITY COUNCIL AND THE MAYOR
WHEREAS,Ordinance No. 6-82 established salaries for members of the City Council, as
amended by Ordinances No. 22-85, 8-87, 4-88, 3-89, 1-90, 6-91, 23-99, 7-02, 7-04, 3-06, 5-08, 2-12,
10-16, 07-18, and 10-20; and
WHEREAS,Government Code Section 36516(a) allows a general law city to provide a salary to
City Councilmembers. The salary increase shall become effective when new Councilmembers are
sworn into office following the certification of the November 2022 General Municipal Election and is
payable at the same time and in the same manner as the salary paid to the officers and employees of
the City; and
WHEREAS,the increase in the salary from $1,285.10 a month to $1,416.82 a month amounts
to an increase equal to 5% for each calendar year from December 2020 as authorized by Section
36516; and
WHEREAS,Ordinance No. 13-92 established a salary for the Elected Office of Mayor; and
WHEREAS,Government Code Section 36516.1 provides that a directly elected Mayor may be
compensated in addition to that compensation received as a Councilmember.
NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows:
Section 1. Chapter 2.08.020, Subsection A of the Dublin Municipal Code is hereby amended to
read as follows: Pursuant to Section 36516 of the Government Code which provides that a City Council
may enact an ordinance providing that each member of the City Council shall receive a salary which
shall be determined by a schedule of population for cities, the members of the City Council shall receive
a salary of one thousand four hundred sixteen dollars and eighty-two cents ($1,416.82) per month.
Section 2.Chapter 2.08.040 of the Dublin Municipal Code is hereby amended to read as follows:
The Mayor shall receive a monthly salary of one hundred fifty dollars ($150), in addition to that which
he/she receives as a Councilmember.
Section 3. Effective Date.These salary increases shall become effective when new
Councilmembers and Mayor are sworn into office following the certification of the November 2022
General Municipal Election.
Section 4: Effective Date and Posting of Ordinance.This Ordinance shall take effect and be
in force thirty (30) days from and after the date of the passage. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
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Ord No XX-22, Item No. X.X Adopted XX/XX/XXXX Page 2 of 2
PASSED, APPROVED AND ADOPTED this _____ day of ______ 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
158
Chapter 2.08
CITY COUNCIL
Sections:
2.08.010 Meeting place designated.
2.08.020 Salary for members established.
2.08.030 Election of Mayor and Councilmembers—Term of office.
2.08.040 Mayor’s salary.
2.08.050 Term limits.
2.08.010 Meeting place designated.
A. The City Council will hold all regular meetings in the Council Chambers at the Dublin Civic Center, located
at 100 Civic Plaza, in the city.
B. If the regular meeting place is unable to accommodate the number of persons in attendance, the City
Council may recess the meeting to another place. If the City Council anticipates that the regular meeting place
will be inadequate, the City Council, or Mayor in the event of an emergency, may order that the meeting be held
in another place. (Ord. 17-09 § 1 (part): Ord. 14-89 §§ 1, 2)
2.08.020 Salary for members established.
A. Pursuant to Section 36516 of the Government Code which provides that a City Council may enact an
ordinance providing that each member of the City Council shall receive a salary which shall be determined by a
schedule of population for cities, the members of the City Council shall receive a salary of one thousand two
hundred eighty-five dollars and ten cents ($1,285.10) per month.
B. No Councilmember shall be eligible to receive the increase provided herein until one (1) or more
Councilmembers begin a new term of office. (Ord. 10-20 § 2; Ord. 7-18 § 2; Ord. 10-16 § 2; Ord. 2-12 § 2; Ord.
17-09 § 1 (part): Ord. 5-08 § 2; Ord. 3-06 § 2; Ord. 7-04 § 2; Ord. 7-02 § 2; Ord. 23-99 § 2; Ord. 6-91 § 2; Ord. 1-
90 § 2; Ord. 3-89 §§ 2, 3: Ord. 4-88 §§ 2, 3: Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6, 1982)
2.08.030 Election of Mayor and Councilmembers—Term of office.
A. The electors shall hereafter elect a Mayor and four (4) City Councilmembers.
B. The term of office of the Mayor shall be two (2) years. (Ord. 17-09 § 1 (part): Ord. 11-92 §§ 1, 2)
2.08.040 Mayor’s salary.
The Mayor shall receive a monthly salary of one hundred dollars ($100), in addition to that which he/she receives
The Dublin Municipal Code is current through Ordinance 10-21, passed December 7, 2021.
Dublin Municipal Code Chapter 2.08 CITY COUNCIL Page 1 of 2
Attachment 2
159
as a Councilmember. (Ord. 17-09 § 1 (part): Ord. 13-92 § 2)
2.08.050 Term limits.
No pers on s hall s erve as Councilmember for more than two (2) consec utive terms, nor shall any pers on s erve
as May or for more than four (4) c onsec utiv e terms . In addition: (A) no person who has serv ed as a
Councilmember for one (1) term shall serv e more than two (2) terms as Mayor if the terms as Counc ilmember
and Mayor are consec utiv e; (B) no person who has serv ed as Councilmember for two (2) consec utive terms
shall s erve a c ons ecutiv e term as Mayor; (C) no person who has served as Mayor for three (3) or four (4)
cons ecutive terms s hall s erve a consec utiv e term as a Councilmember; (D) no pers on who has serv ed as May or
for two (2) c ons ecutiv e terms shall serv e more than one (1) suc c eeding c onsecutiv e term as Councilmember;
(E) no person who has serv ed c ons ecutive terms as Mayor and Counc ilmember shall serve more than one (1)
more consec utive term as May or; and (F) no pers on who has s erved consec utive terms as May or and
Councilmember s hall s erve another c ons ecutiv e term as Counc ilmember. As used herein, a person shall be
cons idered to hav e s erved a term of office as a Councilmember if s uch pers on has served as a Councilmember
for two (2) y ears plus one (1) day and a pers on shall be c ons idered to hav e serv ed a term of office as May or if
such pers on has served as Mayor for one (1) year plus one (1) day. (Ord. 17-09 § 1 (part): Ord. 18-96 § 1)
The Dublin Municipal Code is current through Ordinance 10-21, passed December 7, 2021.
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