Loading...
HomeMy WebLinkAbout*October 6, 2020 Regular City Council Meeting PacketOctober 6, 2020 Dublin City Council Agenda Page 1 of 4 Regular Meeting of the DUBLIN CITY COUNCIL Tuesday, October 6, 2020 Location: Electronic Methods REGULAR MEETING 7:00 PM Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will adopt the following practices during upcoming City Council meetings: • The Dublin City Council will hold the meetings remotely via Zoom Video Communications. • Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on the City’s website: http://dublinca.iqm2.com/Citizens/default.aspx • Online speaker slips will be available at www.dublin.ca.gov, and the public will be able to call in using a computer/or smart phone via a link which will be provided following submission of a speaker slip. A telephonic option will also be available. • Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom. • When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ORAL COMMUNICATIONS 3.1. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request 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 Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov COUNCILMEMBERS David Haubert, Mayor Arun Goel, Vice Mayor Melissa Hernandez Jean Josey Shawn Kumagai October 6, 2020 Dublin City Council Agenda Page 2 of 4 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 September 15, 2020 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the September 15, 2020, Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the September 15, 2020, Regular City Council meeting. 4.2. Second Reading of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code At the June 2, 2020 meeting, the City Council directed Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2020, if there is a need to amend the Conflict of Interest Code. Staff conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. An Ordinance was introduced on September 15, 2020 and is now ready for adoption. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code. 4.3. Resolution Amending Bylaws and Rules of Procedures to Update Language for Terms of Commissioners and Committee Members The City Council will consider amending Bylaws and Rules of Procedure to update language regarding the term for commissioners and committee members on the Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, and Heritage and Cultural Arts Commission. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to the Bylaws and Rules of Procedure of the Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, and Heritage and Cultural Arts Commission to Update Article III, Section 1, Term of Office. 4.4. Amendments to Various Agreements for On-Call Services and for Acquisition Audit and Administrative Services The City Council will consider approving amendments to consulting services agreements with Group 4 Architecture, Research + Planning, Inc. and MNS Engineers, Inc. for on-call consulting services, and with Francisco & Associates, Inc. for acquisition audit and administration services. The proposed amendments increase the not-to-exceed compensation for the terms of the agreements. The proposed amendment with Group 4 Architecture will also extend the agreement term by one year to June 30, 2022. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to Agreements for Consulting Services. 4.5. Revisions to the Personnel System The City Council will consider proposed changes to the City’s current Personnel System to accommodate new and revised classifications in the Information Systems Division, Administrative Services Department, Environmental Programs Division, and Public Works Department. The proposed adjustments revise the City’s Classification Plan, Salary Plan, Benefit Plan and Management Leave and Benefit Plans. October 6, 2020 Dublin City Council Agenda Page 3 of 4 STAFF RECOMMENDATION: Adopt the following: 1) Resolution Amending the Classification Plan; 2) Resolution Amending the Salary Plan for Full-time Personnel and Management Positions Exempt from Competitive Service; 3) Resolution Amending the Benefit Plan; and 4) Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. 4.6. Annual Street Resurfacing (2020 Slurry Seal) – Project Funding Agreement with the Alameda County Transportation Commission The City Council will consider approving a project funding agreement with the Alameda County Transportation Commission for the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117. STAFF RECOMMENDATION: Adopt the Resolution Approving a Project Funding Agreement with the Alameda County Transportation Commission for the Annual Street Resurfacing Project, CIP No. ST0117. 5. WRITTEN COMMUNICATION - NONE 6. PUBLIC HEARING - NONE 7. UNFINISHED BUSINESS 7.1. Report and Status Update on the Housing Element Update and Regional Housing Needs Allocation The City Council will receive a report and status update on the Housing Element Update and Regional Housing Needs Allocation. Each California city and county must update their General Plan Housing Element every eight years to adequately plan to meet the existing and projected housing needs of all economic segments of the community. Dublin’s current Housing Element is for the 2014-2022 planning period. State law mandates updates to the Housing Element no later than January 2023 for the 2023-2031 planning period. STAFF RECOMMENDATION: Receive the report and provide feedback on the Housing Element Update. 8. NEW BUSINESS 8.1. Gun Violence Prevention Policies The City Council will receive a report on the regulatory framework for concealed and open carry firearms, firearm dealerships, firearm storage, and gun violence restraining orders. The report will also detail regulations local governments may enact to prevent or curtail gun violence. STAFF RECOMMENDATION: Receive the report. 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 October 6, 2020 Dublin City Council Agenda Page 4 of 4 a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833- 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Approval of the September 15, 2020 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the September 1 5, 2020, Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the September 15, 2020, Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the September 15, 2020, Regular City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Draft Minutes of the September 15, 2020 Regular City Council Meeting 4.1 Packet Pg. 4 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – SEPTEMBER 15, 2020 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING SEPTEMBER 15, 2020 Regular Meeting A Regular Meeting of the Dublin City Council was held on Tuesday, September 15, 2020, remotely via Zoom Video Communications. The meeting was called to order at 7:00 PM, by Mayor Haubert. 1. Call to Order Attendee Name Title Status David Haubert Mayor Present Arun Goel Vice Mayor Present Melissa Hernandez Councilmember Present Jean Josey Councilmember Present Shawn Kumagai Councilmember Present 2. Pledge of Allegiance The pledge of allegiance was recited by the City Council and Staff. 3. Oral Communications 3.1. Employee Introduction: Pratyush Bhatia The City Council welcomed the new City of Dublin Staff member. 3.2. Public Comment No public comment was provided. 4. Consent Calendar 4.1. City Proclamations for the Month of September and October The City Council approved the following proclamations for the months of September and October: Walk and Roll to School, National Fire Prevention Week, National Bullying Prevention Month, National Energy Awareness Month, National 4.1.a Packet Pg. 5 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING SEPTEMBER 15, 2020 Breast Cancer Awareness Month, National Domestic Violence Awareness Month, National Youth Justice Awareness Month, National Disability Employment Awareness Month, National Cybersecurity Awareness Month, National Arts and Humanities Month, Global Diversity Awareness Month, and Manufacturing Day, National Small Business Week 4.2. Adopted RESOLUTION NO. 91 - 20 FINDING THAT DEVELOPERS HAVING OBLIGATIONS UNDER ACTIVE DEVELOPMENT AGREEMENTS AND SUPPLEMENTAL AGREEMENTS AS AMENDED HAVE COMPLIED IN GOOD FAITH WITH THE TERMS AND PROVISIONS OF THE AGREEMENTS 4.3. Adopted RESOLUTION NO. 94 - 20 CONFIRMING CITY OF DUBLIN PARTICIPATION IN THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY SELECTIVE TRAFFIC ENFORCEMENT GRANT AND TRAFFIC RECORDS IMPROVEMENT PROJECT AGREEMENT 4.4. Received the Payment Issuance Report and Electronic Funds Transfers issued from August 1, 2020 - August 31, 2020 totaling $11,018,465.80. 4.5. Waived the reading and INTRODUCED an Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code . 4.6. Adopted RESOLUTION NO. 95 - 20 APPROVING AN AGREEMENT PERMITTING RE-ALLOCATION OF REGIONAL AND LOCAL SEWER CAPACITY RIGHTS WITH THE HUNGRY FLOWER, LLC DOING BUSINESS AS MIMI’S CHOCOLATES, TRALEE VILLAGE, LLC, AND DUBLIN SAN RAMON SERVICES DISTRICT TO HELP OFFSET THE COST OF SEWER FEES 4.7. Adopted RESOLUTION NO. 96 – 20 APPROVING THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (PARK AND RIDE—LOT 8 OF KOLL DUBLIN CORPORATE CENTER) 4.1.a Packet Pg. 6 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING SEPTEMBER 15, 2020 4.8. Adopted RESOLUTION NO. 97 - 20 APPROVING THE FILING OF APPLICATION FOR PROPOSITION 68 STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM ROUND FOUR GRANT FUNDS 4.9. Waived the reading and Adopted ORDINANCE NO. 13 - 20 AMENDING THE DUBLIN MUNICIPAL CODE TO AUTHORIZE ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF THE MUNICIPAL CODE AND OTHER ENFORCEABLE CITY REGULATIONS AND STANDARDS AND TO DECLARE VIOLATIONS OF PUBLIC HEALTH ORDERS TO BE UNLAWFUL 4.10. Received Tract 8484 Tassajara Hills Phase 4 - Final Map Notice. 4.11. Adopted RESOLUTION NO. 98 - 20 APPROVING THE PURCHASE OF THE LASERFICHE FORMS PORTAL, DOCUSIGN INTEGRATION AND ADDITIONAL LICENSES FROM ECS IMAGING, INC. 4.12. Confirmed the Mayor's Recommendation for Appointment of Catheryn Grier to the Planning Commission Unscheduled Vacancy. 4.14. Approved the August 18, 2020 and the September 1, 2020 Regular City Council Meeting Minutes. RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 4.13. Urgency Ordinance Establishing a Temporary Cap on Commission Charges by Third-Party Food Delivery Services on Dublin Restaurants During the COVID-19 Pandemic This item was pulled from the Consent Calendar by Jesus Orozco who provided public comment. 4.1.a Packet Pg. 7 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING SEPTEMBER 15, 2020 On motion by Councilmember Hernandez, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted URGENCY ORDINANCE NO. 15 - 20 AN URGENCY ORDINANCE OF THE CITY OF DUBLIN ESTABLISHING A TEMPORARY CAP ON COMMISSION CHARGES BY THIRD-PARTY FOOD DELIVERY SERVICES ON DUBLIN RESTAURANTS DURING THE COVID-19 PANDEMIC RESULT: ADOPTED [UNANIMOUS] MOVED BY: Melissa Hernandez, Councilmember SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 5. Written Communication – None. 6. Public Hearing 6.1. Climate Action Plan 2030 and Beyond The City Council provided their feedback on the Initial Study/Negative Declaration for the Climate Action Plan 2030 and Beyond. Mayor Haubert opened the public hearing. Mark Van Landuyt provided public comment. Wietske Medema provided public comment. Kunal Khaware provided public comment. Mayor Haubert closed the public hearing. On motion by Mayor Haubert, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted 4.1.a Packet Pg. 8 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING SEPTEMBER 15, 2020 RESOLUTION NO. 99 - 20 ADOPTING AN INITIAL STUDY/NEGATIVE DECLARATION FOR THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND RESOLUTION NO. 100 - 20 ADOPTING THE CITY OF DUBLIN CLIMATE ACTION PLAN 2030 AND BEYOND RESULT: ADOPTED [UNANIMOUS] MOVED BY: David Haubert, Mayor SECOND: Jean Josey, Councilmember AYES: Josey, Kumagai, Goel, Haubert, Hernandez 7. Unfinished Business - None. 8. New Business 8.1. Introduction to Fallon-East Property Planning and Development Framework The City Council received the report on the proposed Fallon-East Property Planning and Development Framework, and provided feedback to Staff on the design, types of industries and jobs to attract, and economic development priorities for these properties including incentives, start-up opportunities, and green tech and med tech. 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 The meeting was adjourned at 9:14 p.m. in honor of Sean Diamond and all our fallen troops. Mayor ATTEST: City Clerk 4.1.a Packet Pg. 9 At t a c h m e n t : 1 . D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r C i t y C o u n c i l M e e t i n g ( D r a f t M i n u t e s o f t h e S e p t e m b e r 1 5 , 2 0 2 0 R e g u l a r Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Second Reading of Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: Jordyn Bishop, City Attorney's Office EXECUTIVE SUMMARY: At the June 2, 2020 meeting, the City Council directed Staff to review the City’s Conflict of Interest Code and make a determination by October 1, 2020, if there is a need to amend the Conflict of Interest Code. Staff conducted a thorough review of the Conflict of Interest Code and determined that several positions should be added or deleted. An Ordinance was introduced on September 15, 2020 and is now ready for adoption. STAFF RECOMMENDATION: Waive the reading and adopt the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code. FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act prohibits certain public officials from being involved in decision- making that will have an impact on their private financial interests. In addition, it requires certain public officials to file a Statement of Economic Interests publicly disclosing their private financial interests. The Act also makes the City responsible for adopting a Conflict of Interest Code identifying those positions that must file Statements of Economic Interest. The Act requires the City to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required. (See Cal. Gov’t Code § 87306.5). The City’s Conflict of Interest Code is located in Chapter 2.24 of the Municipal Code. The City’s Code identifies all positions within the City that participate in the making of governmental decisions. These designated positions are required to disclose certain financial interests under state law. 4.2 Packet Pg. 10 Page 2 of 3 The last amendments to the City’s Code were adopted in September 2018. The City Council is the code reviewing body for City agencies. Pursuant to Government Code Section 87306.5, City departments must determine whether amendments to the Code are necessary and notify the City Council whether or not such amendments are required. (See Cal. Gov't Code §§ 82011(c), 87306.5.) Based on previous direction from the City Council and the requirements of the Political Reform Act, Staff completed a thorough review of the Conflict of Interest Code, the job specifications for all City employment positions, as well as the FPPC regulations governing the update process and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code titled, “Designated Positions,” to add five City positions that have been determined by Staff to “make or participate in the making of governmental decisions.” These positions (and accompanying disclosure categories) are: a. City Clerk (disclosure category 3) b. Communications Manager (disclosure category 1) c. Human Resources Manager (disclosure category 3) d. Economic Development Director (disclosure category 1) e. Finance Analyst (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code titled, “Designated Positions,” to delete one City position that has been eliminated. a. Senior Plan Checker (deleted via Resolution No. 47-12) The City’s amended code will not be effective until it has been adopted by the City Council. (See Cal. Gov.’t Code § 87303). The City Council introduced the ordinance at the September 15, 2020 Council meeting. Staff now recommends that the City Council waive the second reading and adopt the Ordinance amending the Conflict of Interest Code consistent with the changes described above. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City's Conflict of Interest Code 4.2 Packet Pg. 11 Page 3 of 3 4.2 Packet Pg. 12 ORDINANCE NO. XX-20 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act located at Government Code Section 81000 et seq., requires every local government agency to review its Conflict of Interest Code biennially to determine whether amendments to the Code are required; and WHEREAS, following review of the code, it was determined that the amendments contained in this Ordinance were appropriate. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 2.24.020 is amended to read as follows: Designated Position Disclosure Category Administrative Services Director/Director of Finance 3 Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks & Community Services 2,3 Associate Civil Engineer 1 Capital Improvement Program (CIP) Manager 1 Chief Building Official 1 City Clerk 3 City Clerk/Records Manager 3 City Engineer 1 Code Enforcement Officer 1 Communications Manager 1 Community Development Director 1 “Consultant”* as defined in FPPC Reg. sect. 18700.3 1 Deputy City Clerk 3 Economic Development Director 1 4.2.a Packet Pg. 13 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ' s C o n f l i c t o f I n t e r e s t C o d e ( C o n f l i c t o f Economic Development Director/Public Information Officer 1 Environmental Coordinator 1 Finance Analyst 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Resources Director 3 Human Resources Manager 3 Information Services Manager 3 Parks & Community Services Director 1 Plan Check Engineer 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Maintenance Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Planner 1 Special Projects Manager 1 Senior Public Works Inspector 1 Section 2. Severability. The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. Section 3. Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 4. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. 4.2.a Packet Pg. 14 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ' s C o n f l i c t o f I n t e r e s t C o d e ( C o n f l i c t o f PASSED, APPROVED AND ADOPTED this 6th day of October 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _____________________________ City Clerk 4.2.a Packet Pg. 15 At t a c h m e n t : 1 . O r d i n a n c e A m e n d i n g C h a p t e r 2 . 2 4 o f t h e D u b l i n M u n i c i p a l C o d e R e l a t i n g t o t h e C i t y ' s C o n f l i c t o f I n t e r e s t C o d e ( C o n f l i c t o f Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Resolution Amending Bylaws and Rules of Procedures to Update Language for Terms of Commissioners and Committee Members Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider amending Bylaws and Rules of Procedure to update language regarding the term for commissioners and committee members on the Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, and Heritage and Cultural Arts Commission. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to the Bylaws and Rules of Procedure of the Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, and Heritage and Cultural Arts Commission to Update Article III, Section 1, Term of Office. FINANCIAL IMPACT: None. DESCRIPTION: Per the current Bylaws and Rules of Procedure for the City’s commissions and committees, the terms for commissioners and committee members start in December of even-numbered election years and end in December of even-numbered election years. The certification of the election results does not always occur prior to the first City Council meeting in December, pushing the oath of office for the new Mayor and Councilmembers to the second City Council meeting in December and appointment of commissioners and committee members to January. The Planning Commission has their terms starting in January following even -numbered election years and ending in December of even-numbered election years, or until successors are appointed. Staff has drafted amendments to the Bylaws and Rules of Procedure for the City’s commissions and committees to have language consistent with the Planning Commission’s terms of office. 4.3 Packet Pg. 16 Page 2 of 2 Exhibits A-D (Attachment 2) to the attached Resolution (Attachment 1) amend Article III, Section 1 to read, “Terms shall begin in January following even-numbered election years and end in December of even -numbered election years (or until successors are appointed).” STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A courtesy copy of the Staff Report has been provided to members of the impacted Commissions and Committees. ATTACHMENTS: 1. Resolution Approving Amendments to the Bylaws and Rules of Procedure of the City's Commissions and Committees to Update Article III, Section 1, Term of Office 2. Exhibits A-D to Resolution - Amended Bylaws and Rules of Procedure for the City's Commissions and Committees 3. Bylaws and Rules and Procedures - Redline Version 4.3 Packet Pg. 17 Reso No. XX-20, Item X.X, Adopted 10/06/2020 Page 1 of 1 RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO THE BYLAWS AND RULES OF PROCEDURE OF THE HUMAN SERVICES COMMISSION, PARKS AND COMMUNITY SERVICES COMMISSION, SENIOR CENTER ADVISORY COMMITTEE, AND HERITAGE AND CULTURAL ARTS COMMISSION TO UPDATE ARTICLE III, SECTION 1, TERM OF OFFICE WHEREAS, the Human Services Commission, Parks and Community Services Commission, Senior Center Advisory Committee, Heritage and Cultural Arts Commission commissioners and committee members serve four-year terms; and WHEREAS, the current Bylaws and Rules of Procedure set the parameters of the terms as December of even-numbered election years to December of even - numbered election years; and WHEREAS, due to the allowance of thirty days to certify the election, appointments are not occurring until January, and terms are not able to start in December. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Dublin hereby amends the commissions and committee Bylaws and Rules of Procedure Article III, Section 1 to read, “Terms shall begin in January following even-numbered election years and end in December of even-numbered election years (or until successors are appointed).” BE IT FURTHER RESOLVED that the City Council of the city of Dublin hereby adopted the amended Bylaws and Rules of Procedure for the following City of Dublin commissions and committee: Heritage and Cultural Arts Commission (Exhibit A); Human Services Commission (Exhibit B); Parks and Community Services Commission (Exhibit C); and Senior Center Advisory Committee (Exhibit D). PASSED, APPROVED, AND ADOPTED this 6th day of October 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ________________________________ City Clerk 4.3.a Packet Pg. 18 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g A m e n d m e n t s t o t h e B y l a w s a n d R u l e s o f P r o c e d u r e o f t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s t o U p d a t e ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission October 6, 2020 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members (“members or “Commissioners”) and one (1) alternate member (“alternate” or “Alternate Commissioner”). Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members and alternate may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternate shall be appointed for a term of two (2) years. Terms shall begin in January following even-numbered election years and end in December of an even-numbered election year (or until successors are appointed). At the end of a Commissioner member's or alternate’s term, the Commission member or alternate may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternate. Section 2. Any member or alternate of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners and Alternate Commissioner shall be made only at a regularly scheduled meeting of the City Council. Exhibit A 4.3.b Packet Pg. 19 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission October 6, 2020 Section 3. Commission members and alternate should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports by Commissioners and Alternate Commissioner. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. Section 4. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. Alternate is not eligible to serve as Chairperson or Vice Chairperson. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. 4.3.b Packet Pg. 20 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission October 6, 2020 In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioner shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City-sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities by the public. (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic 4.3.b Packet Pg. 21 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission October 6, 2020 Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. Section 2. A majority vote of voting members is required to take action. Section 3. Alternate shall participate in all Commission matters except alternate shall only in the event of an absence of a member or of a vacancy on the Commission. In such event, the alternate shall participate as a voting member for the duration of the absence or vacancy. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.b Packet Pg. 22 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n __________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission October 6, 2020 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Human Services Commission shall be composed of five (5) members (“members” or “Commissioners”) and two (2) alternate members (“alternates” or “Alternate Commissioners”). One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members and alternates may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in January following even-numbered election years and end in December of an even-numbered election year (or until successors are appointed). At the end of a Commissioner member's or alternate’s term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. Any member or alternate of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners and Alternate Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members and alternates should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports by Commissioners and Alternate Commissioners. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s or alternate’s office shall be automatically declared vacant. Exhibit B 4.3.b Packet Pg. 23 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n __________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission October 6, 2020 Section 4. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. 4.3.b Packet Pg. 24 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n __________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission October 6, 2020 ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per quarter at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. Section 2. A majority vote of voting members is required to take action. Section 3. Alternates shall participate in all Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member for the duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. 4.3.b Packet Pg. 25 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n __________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission October 6, 2020 ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.b Packet Pg. 26 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission October 6, 2020 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Parks and Community Services Commission shall be composed of six (6) members (“members or Commissioners”) and two (2) alternate members (“alternates” or “Alternate Commissioners”). One member shall be a high school student residing in the City of Dublin. One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members and alternates may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in January following even-numbered election years and end in December of an even-numbered election year (or until successors are appointed). At the end of a Commissioner member’s or alternate’s term, the Commission member or alternate may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. Section 3. Any member or alternate of the Commission may be removed from the office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 4. Commission members and alternates should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports by Commissioners and Alternate CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE Exhibit C 4.3.b Packet Pg. 27 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission October 6, 2020 Commissioners. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s or alternate’s office shall be automatically declared vacant. Section 5. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January of each year, or if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. Section 2. The Secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meeting of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. 4.3.b Packet Pg. 28 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission October 6, 2020 Section 5. The Committees. The Commission or Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1. The Commission shall hold at regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: (a) recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b) future recreation and community service needs; (c) conduct of persons using park and recreation facilities by the public; and (d) annual review of the Parks and Community Services Strategic Plan. Section 2. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. Section 3. A majority vote of voting members is required to take action. Section 4. Alternates shall participate in all Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member for the 4.3.b Packet Pg. 29 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission October 6, 2020 duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdiction. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.b Packet Pg. 30 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee October 6, 2020 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Advisory Committee shall be composed of five (5) members (“members” or “Committee Members”) and two (2) alternate members (“alternates” or “Alternate Committee Members”). One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2. Committee members and alternates may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3. One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Committee members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in January following even-numbered election years and end in December of an even-numbered election year (or until successors are appointed). At the end of a Committee member's or alternate’s term, the Committee member or alternate may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. Any member or alternate of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members and Alternate Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Committee Members and Alternate Committee Members should endeavor to attend all regular and special meetings of the Advisory Committee. The Secretary to the Advisory Committee shall provide the Mayor with quarterly attendance reports by Committee Members and Alternate Committee Members. After the third absence from a Exhibit D 4.3.b Packet Pg. 31 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee October 6, 2020 regularly scheduled Committee meeting within any twelve (12) month period, said Committee Member’s or Alternate Committee Member’s office shall be automatically declared vacant. Section 4. If a Committee member or alternate ceases to reside in the City of Dublin, said Committee member’s or alternate’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. Section 2. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability 4.3.b Packet Pg. 32 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee October 6, 2020 to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Advisory Committee Members and Alternate Committee Members shall attend all regular and special Committee meetings in person. Committee Members will not be permitted to use teleconferences as an option to attend Committee meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. The Advisory Committee shall consider and make recommendations, as it deems necessary to the City Parks and Community Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. A majority vote of voting members is required to take action. Section 2. Alternates shall participate in all Committee matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Committee. In such event, the first alternate shall participate as a voting member for the duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. 4.3.b Packet Pg. 33 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee October 6, 2020 ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member and Alternate Committee Members is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2808781.1 4.3.b Packet Pg. 34 At t a c h m e n t : 2 . E x h i b i t s A - D t o R e s o l u t i o n - A m e n d e d B y l a w s a n d R u l e s o f P r o c e d u r e f o r t h e C i t y ' s C o m m i s s i o n s a n d C o m m i t t e e s ( C o m m i s s i o n ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 1 of 4 Heritage and Cultural Arts Commission May 7, 2019October 6, 2020 CITY OF DUBLIN HERITAGE AND CULTURAL ARTS COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Heritage and Cultural Arts Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Heritage and Cultural Arts Commission shall be composed of seven (7) members (“members or “Commissioners”) and one (1) alternate member (“alternate” or “Alternate Commissioner”). Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. When making appointments to the Commission, consideration shall be given to members of the Dublin Fine Arts Foundation and Dublin Historical Preservation Association (or similar groups) and to persons who are specifically qualified by reason of training, experience, interest or involvement in arts and/or heritage, particularly as related to artistic and cultural activities in the City. Section 3. All members shall be residents of the City and shall be committed to furthering public art, and historical and cultural life in the community. Section 4. Commission members and alternate may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternate shall be appointed for a term of two (2) years. Terms shall begin in January following December of even- numbered election years and end in December of an even- numbered election year (or until successors are appointed). At the end of a Commissioner member's or alternate’s term, the Commission member or alternate may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternate. Section 2. Any member or alternate of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners 4.3.c Packet Pg. 35 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Heritage and Cultural Arts Commission May 7, 2019October 6, 2020 and Alternate Commissioner shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members and alternate should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports by Commissioners and Alternate Commissioner. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. Section 4. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Commission for a 1-year term and hold office until their successors are elected, or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Commission members are present. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no on should serve in the position for two consecutive years. Alternate is not eligible to serve as Chairperson or Vice Chairperson. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties. (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. 4.3.c Packet Pg. 36 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Heritage and Cultural Arts Commission May 7, 2019October 6, 2020 (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but less than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioner shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations, as it deems necessary to the City Council in all matters pertaining to: (a) The promotion and support of history throughout the community. This includes restoration, maintenance and operation of the Heritage Park & Museums and any other similar City-sponsored locations promoting and supporting history. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of history facilities or programs; recommendations for policies on heritage preservation, artifact acquisition, conduct of persons using history facilities; and rules for the use of the Heritage Park & Museums and any other City-sponsored history facilities by the public. 4.3.c Packet Pg. 37 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Heritage and Cultural Arts Commission May 7, 2019October 6, 2020 (b) The promotion and support of the arts within the community. Such recommendations would include, but are not limited to the following: recommendations on art in public places including City facilities and new developments within the City; exhibits at the Civic Center, Heritage Park & Museums and Public Art Venue; and recommendations for policies on art, cultural activities and facilities. Section 2. A majority vote of voting members is required to take action. Section 3. Alternate shall participate in all Commission matters except alternate shall only in the event of an absence of a member or of a vacancy on the Commission. In such event, the alternate shall participate as a voting member for the duration of the absence or vacancy. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. The Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.c Packet Pg. 38 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) __________________________________________________________________________ _Bylaws and Rules of Procedure Page 1 of 4 Human Services Commission May 7, 2019October 6, 2020 CITY OF DUBLIN HUMAN SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Human Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Human Services Commission shall be composed of five (5) members (“members” or “Commissioners”) and two (2) alternate members (“alternates” or “Alternate Commissioners”). One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members and alternates may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in December January followingof even- numbered election years and end in December of an even- numbered election year (or until successors are appointed)election year. At the end of a Commissioner member's or alternate’s term, the Commission member may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. Any member or alternate of the Commission may be removed from office with the approval of a majority of the City Council. Removal and appointment of Commissioners and Alternate Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 3. Commission members and alternates should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall provide the Mayor with quarterly attendance reports by Commissioners and Alternate Commissioners. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s or alternate’s office shall be automatically declared vacant. 4.3.c Packet Pg. 39 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) __________________________________________________________________________ _Bylaws and Rules of Procedure Page 2 of 4 Human Services Commission May 7, 2019October 6, 2020 Section 4. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s or Alternate Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson and Vice Chairperson at the first meeting in January of each year or, if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet the criteria, elect Commissioners to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. The secretary to the Commission will be the City Manager or his/her designee. Section 2. Vacancies. In case of any vacancy in the Office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 3. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. Section 4. The Committees. The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the Committee. Committees make recommendations directly to the Commission. A Committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. 4.3.c Packet Pg. 40 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) __________________________________________________________________________ _Bylaws and Rules of Procedure Page 3 of 4 Human Services Commission May 7, 2019October 6, 2020 ARTICLE VI MEETINGS Section 1. The Commission shall hold regular meetings at least once per quarter at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to human service needs in the Tri-Valley. Such recommendations would include, but are not limited to the Community Grants Program, the Tri-Valley Needs Assessment, and the federal Community Development Block Grant Program. Section 2. A majority vote of voting members is required to take action. Section 3. Alternates shall participate in all Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member for the duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. 4.3.c Packet Pg. 41 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) __________________________________________________________________________ _Bylaws and Rules of Procedure Page 4 of 4 Human Services Commission May 7, 2019October 6, 2020 ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.c Packet Pg. 42 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) Bylaws and Rules of Procedure Page 1 of 4 Parks and Community Services Commission May 7, 2019October 6, 2020 ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Parks and Community Services Commission of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Commission. ARTICLE II COMMISSION COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Parks and Community Services Commission shall be composed of six (6) members (“members or Commissioners”) and two (2) alternate members (“alternates” or “Alternate Commissioners”). One member shall be a high school student residing in the City of Dublin. One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” Section 2. The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 3. Commission members and alternates may resign at any time by giving written notice to the Mayor and City Clerk. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Commission members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in December January followingof even- numbered election years and end in December of an even-numbered election year (or until successors are appointed). At the end of a Commissioner member’s or alternate’s term, the Commission member or alternate may be reappointed to the Commission in the same manner as the initial appointment. Commission members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. The term of the student member shall be for one (1) year, commencing July 1st and terminating on the following June 30th. Section 3. Any member or alternate of the Commission may be removed from the office with the approval of a majority of the City Council. Removal and appointment of Commissioners shall be made only at a regularly scheduled meeting of the City Council. Section 4. Commission members and alternates should endeavor to attend all regular and special meetings of the Commission. The Secretary to the Commission shall ____________________________________________________________________________________________ CITY OF DUBLIN PARKS AND COMMUNITY SERVICES COMMISSION BYLAWS AND RULES OF PROCEDURE 4.3.c Packet Pg. 43 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Parks and Community Services Commission May 7, 2019October 6, 2020 provide the Mayor with quarterly attendance reports by Commissioners and Alternate Commissioners. After the third absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission member’s or alternate’s office shall be automatically declared vacant. Section 5. If a Commission member or alternate ceases to reside in the City of Dublin, said Commissioner’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Commission shall elect a Chairperson at the first meeting in January of each year, or if a quorum is not present, at the next meeting at which a quorum is present. The Chairperson and Vice Chairperson shall serve until their successors are elected, or until their terms as members of the Commission expire, whichever is first. The Commission shall, unless no Commissioners meet criteria, elect Commissioners to the positions that have not previously served in the position and have not declined the appointment, with the intent that no one should serve in the position for no more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. Section 2. The Secretary to the Commission will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the Office of the Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairperson performs the following duties: (a) Presides at all meeting of the Commission. (b) Appoints committee and chairpersons of committees as necessary. (c) Signs correspondence on behalf of the Commission. (d) Represents the Commission before the City Council. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her ability to act, the Vice Chairperson presides in the place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. 4.3.c Packet Pg. 44 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Parks and Community Services Commission May 7, 2019October 6, 2020 Section 5. The Committees. The Commission or Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commissions may appoint non-members to the Committee. Committees make recommendations directly to the Commission. ARTICLE VI MEETINGS Section 1. The Commission shall hold at regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Commission and entered upon its minutes. All meetings of the Commission shall be open to the public. Special meetings of the Commission may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Commissioners and Alternate Commissioners shall attend all regular and special Commission meetings in person. Commissioners will not be permitted to use teleconference as an option to attend any Commission meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMISSION Section 1. The Commission shall consider and make recommendations as it deems necessary to the City Council and to City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate program of parks, recreation and community services for the citizens of Dublin. Such recommendations would include, but are not limited to the following: (a) recommendations for the development, improvement and/or modification of recreation of community services and facilities; (b) future recreation and community service needs; (c) conduct of persons using park and recreation facilities by the public; and (d) annual review of the Parks and Community Services Strategic Plan. Section 2. The Commission shall also accept and consider recommendations from the Senior Center Advisory Committee and the Youth Advisory Committee, and forward the recommendations to the City Council, as appropriate. Section 3. A majority vote of voting members is required to take action. Section 4. Alternates shall participate in all Commission matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Commission. In such event, the first alternate shall participate as a voting member for the 4.3.c Packet Pg. 45 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Parks and Community Services Commission May 7, 2019October 6, 2020 duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. ARTICLE VIII DUTIES OF COMMISSION TO BE ADVISORY ONLY Section 1. It is intended that the Commission shall be an advisory body to the City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdiction. Each Commissioner and Alternate Commissioner is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Commission with such information and Staff assistance as the Commission may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 4.3.c Packet Pg. 46 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) Bylaws and Rules of Procedure Page 1 of 4 Senior Center Advisory Committee May 7, 2019October 6, 2020 CITY OF DUBLIN SENIOR CENTER ADVISORY COMMITTEE BYLAWS AND RULES OF PROCEDURE ARTICLE I GENERAL PROVISIONS Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Dublin Senior Center Advisory Committee of the City of Dublin. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public. Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof, and shall govern the meetings and activities of the Advisory Committee. ARTICLE II COMMITTEE COMPOSITION AND METHOD OF APPOINTMENT Section 1. The Advisory Committee shall be composed of five (5) members (“members” or “Committee Members”) and two (2) alternate members (“alternates” or “Alternate Committee Members”). One alternate shall be designated as first alternate or “A1.” The other alternate shall be designated as second alternate or “A2.” The Mayor shall make all appointments to the Commission, with the approval of the City Council. Section 2. Committee members and alternates may resign at any time by giving written notice to the Mayor, City Clerk, and Senior Center Staff. Section 3. One member of the Parks and Community Services Commission shall serve as a liaison to the Advisory Committee. ARTICLE III TERM OF OFFICE AND REMOVAL Section 1. Committee members shall be appointed for terms which run four (4) years. Alternates shall be appointed for a term of two (2) years. Terms shall begin in December January following of even- numbered election years and end in December of an even- numbered election year (or until successors are appointed). At the end of a Committee member's or alternate’s term, the Committee member or alternate may be reappointed to the Committee in the same manner as the initial appointment. Committee members shall be eligible to serve a maximum of eight (8) years with two (2) 4-year terms. No term limit shall apply to alternates. Section 2. Any member or alternate of the Advisory Committee may be removed from office with the approval of a majority of the City Council. Removal and appointment of Senior Center Advisory Committee Members and Alternate Committee Members shall be made only at a regularly scheduled meeting of the City Council. Section 3. Committee Members and Alternate Committee Members should endeavor to attend all regular and special meetings of the Advisory Committee. The Secretary to the Advisory Committee shall provide the Mayor with quarterly attendance reports by Committee Members and Alternate Committee Members. After the third absence from a ____________________________________________________________________________________________ 4.3.c Packet Pg. 47 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 2 of 4 Senior Center Advisory Committee May 7, 2019October 6, 2020 regularly scheduled Committee meeting within any twelve (12) month period, said Committee Member’s or Alternate Committee Member’s office shall be automatically declared vacant. Section 4. If a Committee member or alternate ceases to reside in the City of Dublin, said Committee member’s or alternate’s office shall be automatically declared vacant. ARTICLE IV VACANCIES Section 1. Vacancies on the Advisory Committee occurring other than by expiration of term shall be filled for the unexpired portion of the term in the same manner as the original appointment. In the event of a Commission vacancy, alternates will be considered without submitting a new application unless alternate notifies the Clerk that he or she does not want to be considered for appointment to the vacancy. ARTICLE V OFFICERS Section 1. Election and Term of Office. The Chairperson and Vice Chairperson are elected by the majority of the Advisory Committee for a 1-year term and hold office until their successors are elected, or until their terms as members of the Advisory Committee expire. The officers are elected at the first meeting of the Advisory Committee in January of each year. Elections, whether regular or to fill vacancies shall be held only if a simple majority of the Advisory Committee members are present. The Advisory Committee shall, unless no Committee Members meet the criteria, elect Committee Members to the positions that have not previously served in the position and that have not declined the appointment, with the intent that no one should serve in the position for more than two consecutive years. Alternates are not eligible to serve as Chairperson or Vice Chairperson. Section 2. The secretary to the Advisory Committee will be the City Manager or his/her designee. Section 3. Vacancies. In case of any vacancy in the office of Chairperson or Vice Chairperson, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. The person so elected shall serve the balance of the term. Section 4. Duties of Officers. The Chairman performs the following duties: (a) Presides at all meetings of the Advisory Committee. (b) Appoints sub-committees and chairpersons of sub-committees as necessary. (c) Signs correspondence on behalf of the Advisory Committee. (d) Represents the Advisory Committee before the Parks and Services Commission and City Council, or designates a representative. (e) Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability 4.3.c Packet Pg. 48 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 3 of 4 Senior Center Advisory Committee May 7, 2019October 6, 2020 to act of both the Chairperson and the Vice-Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. Section 5. The Sub-Committees. The Advisory Committee or the Chairperson, upon direction of the Advisory Committee, may appoint several of its members, but less than a quorum, to serve as a Sub-Committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Advisory Committee may appoint non- members to the Sub-Committee. Sub-Committees make recommendations directly to the Advisory Committee. A Sub-Committee may not represent the Advisory Committee before the Parks and Community Services Commission and the City Council or other bodies unless it has first received the authorization of the Advisory Committee to do so. ARTICLE VI MEETINGS Section 1. The Advisory Committee shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Advisory Committee and entered upon its minutes. All meetings of the Advisory Committee shall be open to the public. Special meetings of the Advisory Committee may be called by a majority of the members thereof, or by the Chairperson thereof. Notice of any such special meeting shall be given as required by law. Section 2. A majority of the voting members of the Advisory Committee shall constitute a quorum for the purpose of transacting business. The secretary shall keep minutes of all regular and special meetings of the Advisory Committee, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved. Section 3. Advisory Committee Members and Alternate Committee Members shall attend all regular and special Committee meetings in person. Committee Members will not be permitted to use teleconferences as an option to attend Committee meetings. ARTICLE VII GENERAL RESPONSIBILITIES OF THE COMMITTEE Section 1. The Advisory Committee shall consider and make recommendations, as it deems necessary to the City Parks and Community Services Commission, City Council, and City Staff in all matters pertaining to the operation and maintenance of an effective, efficient, and adequate Senior Center for Dublin citizens. Such recommendations would include, but are not limited to the following: recommendations for the development, improvement and/or modification of senior services and facilities; future senior needs; conduct of persons using the Senior Center; and rules for the use of the Senior Center by the public. A majority vote of voting members is required to take action. Section 2. Alternates shall participate in all Committee matters except that alternates shall vote only in the event of an absence of a member or of a vacancy on the Committee. In such event, the first alternate shall participate as a voting member for the duration of the first occurring absence or vacancy. The second alternate shall participate as a voting member for the duration of the second occurring absence or vacancy or for the duration of the first occurring absence or vacancy if the first alternate is vacant or absent. 4.3.c Packet Pg. 49 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) ____________________________________________________________________________________________ Bylaws and Rules of Procedure Page 4 of 4 Senior Center Advisory Committee May 7, 2019October 6, 2020 ARTICLE VIII DUTIES OF COMMITTEE TO BE ADVISORY ONLY Section 1. It is intended that the Advisory Committee shall be an advisory body to the Parks and Community Services Commission and City Council. Nothing herein contained shall be construed as a limitation on the power of the City Council or the Administrative Staff of the City or any other agency in their supervision, or authority over property or personnel which are under their respective jurisdictions. Each Committee Member and Alternate Committee Members is expected to serve the City and the residents of the City of Dublin with professionalism and respect. ARTICLE IX STAFF ASSISTANCE Section 1. The City Manager shall provide the Advisory Committee with such information and Staff assistance as the Advisory Committee may, from time to time request, subject to the limitations imposed by the City Council. ARTICLE X AMENDMENTS Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted. 2808781.1 4.3.c Packet Pg. 50 At t a c h m e n t : 3 . B y l a w s a n d R u l e s a n d P r o c e d u r e s - R e d l i n e V e r s i o n ( C o m m i s s i o n a n d C o m m i t t e e B y l a w s U p d a t e s ) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Amendments to Various Agreements for On-Call Services and for Acquisition Audit and Administrative Services Prepared by: Nancy Nelson, Management Analyst II EXECUTIVE SUMMARY: The City Council will consider approving amendments to consulting services agreements with Group 4 Architecture, Research + Planning, Inc. and MNS Engineers, Inc. for on-call consulting services, and with Francisco & Associates, Inc. for acquisition audit and administration services. The proposed amendments increase the not-to- exceed compensation for the terms of the agreements. The proposed amendment with Group 4 Architecture will also extend the agreement term by one year to June 30, 2022. STAFF RECOMMENDATION: Adopt the Resolution Approving Amendments to Agreements for Consulting Services. FINANCIAL IMPACT: The cost of these services will be covered by the Public Works Department in accordance with the adopted annual budget. DESCRIPTION: The Public Works Department utilizes consultants on Capital Improvement Program (CIP) projects, private development projects, and on-call services. Services provided assist Staff in specific areas of technical and professional expertise. Staff is recommending amendments to three existing agreements to increase the total compensation amounts for consulting services. Additionally, Staff is recommending amending the agreement with Group 4 Architecture, Research + Planning, Inc., to extend the agreement term. The proposed amendments are with the following three firms: Francisco and Associates, Inc. The City Council authorized entering into an agreement with Francisco and Associates, 4.4 Packet Pg. 51 Page 2 of 3 Inc. on December 5, 2017 (Resolution No. 147-17) for acquisition and audit services for Community Facilities Districts and administrative services for Landscape and Lighting Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts. The term of services on the current agreement expires on June 30, 2021. Staff proposes to increase the compensation in the amount of $50,000 for a total not-to-exceed of $250,000 due to an increase in as-needed acquisition and audit work requirements for the remainder of the contract term. Group 4 Architecture, Research + Planning, Inc. The City Council authorized entering into an agreement with Group 4 Architecture, Research + Planning, Inc. (Group 4) on February 6, 2018 (Resolution No. 09-18) to provide on-call architectural services. The City Council subsequently approved an amendment on October 15, 2019 (Resolution 110 -19) increasing the total compensation amount and extending the term of services to June 30, 2021. Group 4 is the project architect for the Cultural Arts Center project. Staff proposes to amend the agreement to extend the term of services through June 30, 2022 to align with the anticipated completion of architectural services for the Cultural Arts Center. Additionally, Staff proposes increasing compensation by $683,434 for a total not-to-exceed amount of $1,800,000 to allow for architectural and support services during the construction phase of the project. MNS Engineers, Inc. (formerly S&C Engineers, Inc.) The City Council authorized entering into an agreement with S&C Engineers, Inc. on June 21, 2016 (Resolution No. 106-16) for Construction Management and Inspection on-call services. The City Council subsequently approved amendments on September 5, 2017 (Resolution No. 118-17) and on May 21, 2019 (Resolution No. 46-19). Staff proposes to amend the agreement to increase compensation to allow for additional on- call services for staff augmentation inspection of private development projects and for construction management and inspection services on CIP projects. The following table summarizes the increases in total compensation within the proposed amendments. Consultant Compensation Limit Current Proposed Francisco and Associates, Inc. $200,000 $250,000 Group 4 Architecture, Research + Planning, Inc. $1,116,566 $1,800,000 MNS, Engineers, Inc. $1,000,000 $1,250,000 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 4.4 Packet Pg. 52 Page 3 of 3 None. ATTACHMENTS: 1. Resolution Approving Amendments to Agreements for Consulting Services 2. Exhibit A to the Resolution - Amendments to Agreements 3. Original Resolutions, Agreements, and Amendments 4.4 Packet Pg. 53 Reso. No. XX-20, Item X.X, Adopted XX/XX/20 Page 1 of 1 RESOLUTION NO. XX – 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO AGREEMENTS FOR CONSULTING SERVICES WHEREAS, the City has existing agreements with Francisco and Associates, Inc., Group 4 Architecture, Research+ Planning, Inc., and MNS Engineers, Inc., for on-call services related to inspection, architecture, and consulting; and WHEREAS, Staff wishes to amend these agreements to increase the not-to- exceed amounts and to extend the term with Group 4 Architecture, Research+ Planning, Inc. to account for additional work needed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve amendments to agreements with Francisco and Associates, Inc.; Group 4 Architecture, Research+ Planning, Inc.; and MNS Engineers, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of October, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.4.a Packet Pg. 54 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g A m e n d m e n t s t o A g r e e m e n t s f o r C o n s u l t i n g S e r v i c e s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND FRANCISCO AND ASSOCIATES, INC. WHEREAS, on December 5, 2017, the City of Dublin (hereinafter referred to as "CITY") and Francisco and Associates, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for acquisition and audit services for Community Facilities Districts and administrative services for Landscape and Lighting Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to increase the Not-to-Exceed to a total of $250,000, modifying section 2 of the agreement and to additionally modify sections 6.1 and 7.5 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $250,000, 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. 2) Section 6.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee 4.4.b Packet Pg. 55 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control CONSULTANT only insofar as the results of CONSULTANT’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. CONSULTANT further acknowledges that CONSULTANT 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 CONSULTANT 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, CONSULTANT and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 3) Section 7.5 shall be rescinded in its entirety and replaced with the following: Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 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 Consultant 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 Consultant each represent and warrant that they have the legal 4.4.b Packet Pg. 56 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE 4.4.b Packet Pg. 57 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: ________________________________ Linda Smith, City Manager ATTEST: By: Marsha Moore, City Clerk FRANCISCO AND ASSOCIATES, INC. Dated: By: _____________________________ Joseph Francisco, Principal 4.4.b Packet Pg. 58 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. WHEREAS, on February 6, 2018, the City of Dublin (hereinafter referred to as "CITY") and Group 4 Architecture Research + Planning, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for architectural services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on November 12, 2019, the CITY and CONSULTANT amended the existing AGREEMENT to increase the contract Not-to-Exceed amount to $1,116,566 and to add additional Scope of Work for additional architectural services related to the Cultural Arts Center; and WHEREAS, the existing term is set to expire on June 30, 2021; and WHEREAS, the existing project scope and budget are in process and staff desires additional architectural services, time and budget related to the Cultural Arts Center; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to further increase the Not-to-Exceed to a total of $ 1,800,000, extend the term through June 30, 2022, modifying sections 1.1 and 2 of the Agreement, and to modify section 6.1 of the Agreement. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2022, 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. 2) Section 2 shall be rescinded in its entirety and replaced with the following: 4.4.b Packet Pg. 59 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed $1,800,000, 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. 3) Section 6.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control CONSULTANT only insofar as the results of CONSULTANT’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. CONSULTANT further acknowledges that CONSULTANT 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 CONSULTANT 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, CONSULTANT and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the 4.4.b Packet Pg. 60 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 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. 4) Except to the extent inconsistent with this Second 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 Consultant 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 Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE 4.4.b Packet Pg. 61 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: ________________________________ Linda Smith, City Manager ATTEST: By: Marsha Moore, City Clerk GROUP 4 ARCHITECTURE RESEARCH + PLANNING, INC. Dated: By: _____________________________ Dawn Merkes, Principal 4.4.b Packet Pg. 62 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) AMENDMENT #3 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND MNS ENGINEERS, INC. WHEREAS, on June 21, 2016, the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as " CONSULTANT ") entered into a Consulting Services Agreement for on-call construction management and inspection engineering services; and WHEREAS, on September 5, 2017, the CITY and CONSULTANT amended the Agreement to assign a Not-to-Exceed limit of $1,000,000; and WHEREAS, on May 21, 2019, the CITY and CONSULTANT further amended the Agreement to extend the term through June 30 2021; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to increase the Not-to-Exceed to a total of $1,250,000, modifying section 2 of the agreement and to additionally modify section 6.1. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1) 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 $1,250,000, 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 4.4.b Packet Pg. 63 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) responsibility for such contributions beyond compensation required under this Agreement. 2) Section 6.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control CONSULTANT only insofar as the results of CONSULTANT’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. CONSULTANT further acknowledges that CONSULTANT 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 CONSULTANT 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, CONSULTANT and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 3) Except to the extent inconsistent with this Third Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE 4.4.b Packet Pg. 64 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed as of the date and year first above written. CITY OF DUBLIN Dated: ___________ __ By: ________________________________ Linda Smith, City Manager ATTEST: By: Marsha Moore, City Clerk MNS ENGINEERS, INC. Dated: By: _____________________________ Greg Chelini, Vice President 4.4.b Packet Pg. 65 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - A m e n d m e n t s t o A g r e e m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 66 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 67 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 68 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 69 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 70 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 71 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 72 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 73 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 74 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 75 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 76 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 77 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 78 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 79 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 80 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 81 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 82 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 83 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 84 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 85 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) RESOLUTION NO 09 — 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ON-CALL CONSULTING SERVICES AGREEMENTS WITH WRNS STUDIO, LPA, INC., GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, INC., AND DAHLIN GROUP FOR ARCHITECTURAL SERVICES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for On-Call Architectural Services; and WHEREAS, Staff reviewed and selected the four most qualified firms to provide services; and WHERAS, the City wishes to enter into agreements with WRNS Studio, LPA Inc., Group 4 Architecture, Research + Planning, Inc., and Dahlin Group for a term through.June 30, 2021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the On-Call Consulting Services Agreements with WRNS Studio, LPA Inc., Group 4 Architecture, Research + Planning, Inc., and Dahlin Group as attached hereto as Exhibit A, Exhibit B, Exhibit C, and Exhibit D to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreements, attached hereto as Exhibit A, Exhibit B, Exhibit C, and Exhibit D and make any necessary, non- substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of February, 2018, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta and Hernandez, and Mayor Haubert NOES: ABSENT: ABSTAIN: r Mayor ATTEST: 6/.0 Z4 rf)/ City Clerk Reso No. 09-18, Adopted 2/6/2018, Item No. 4.3 . Page 1 of 1 4.4.c Packet Pg. 86 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 87 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 88 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 89 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 90 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 91 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 92 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 93 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 94 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 95 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 96 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 97 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 98 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 99 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 100 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 101 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 102 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 103 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 104 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 105 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 106 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 107 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 108 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 109 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 110 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 111 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 112 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 113 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 114 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) RESOLUTION NO. 106 - 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING CONSULTING SERVICES AGREEMENTS WITH BSK ASSOCIATES; CONSOLIDATED ENGINEERING LABRATORIES; ENGEO; GEOCON; ASSOCIATED ENGINEERING CONSULTANTS; CALTROP; CSG CONSULTANTS; HILL INTERNATIONAL; S&C ENGINEERS; SWINERTON MANAGEMENT & CONSULTING; VALI COOPER & ASSOCIATES; CAL ENGINEERING & GEOLOGY; COTTON, SHIRES & ASSOCIATES; GEOSPHERE CONSULTANTS FOR ON-CALL ENGINEERING SERVICES WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call engineering services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide certain engineering services on an as-needed basis; and WHEREAS, the City proposed Consulting Services Agreements with the selected consulting firms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Consulting Services Agreements with BSK Associates, Consolidated Engineering Laboratories, Engeo, Geocon, Associated Engineering Consultants, Caltrop, CSG Consultants, Hill International, S&C Engineers, Swinerton Management & Consulting, Vali Cooper & Associates, Cal Engineering & Geology, Cotton, Shires & Associates, and Geosphere Consultants for on-call engineering services; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreements attached hereto as Exhibit A through Exhibit Q. PASSED, APPROVED AND ADOPTED this 21st day of June, 2016, by the following vote: AYES: Councilmembers Biddle, Hart, Wehrenberg, and Mayor Pro Tern Gupta NOES: None ABSENT: Mayor Haubert ABSTAIN: None Mayor Pro em ATTEST: Poor/ City Clerk Reso No. 106-16,Adopted 6-21-16, Item 4.8 Page 1 of 1 4.4.c Packet Pg. 115 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 116 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 117 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 118 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 119 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 120 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 121 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 122 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 123 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 124 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 125 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 126 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 127 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 128 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 129 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 130 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 131 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 132 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) RESOLUTION NO. 118 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CONSULTING SERVICES AGREEMENTS WITH BELLECCI & ASSOCIATES, BFS LANDSCAPE ASSOCIATES, BSK ASSOCIATES, CONSOLIDATED ENGINEERING LABORATORIES, DKS ASSOCIATES, ENVIRONMENTAL FORESIGHT, FEHR & PEERS, GATES AND ASSOCIATES, GEOCON, HARRIS & ASSOCIATES, KIMLEY-HORN & ASSOCIATES, MARK THOMAS & COMPANY, PAKPOUR CONSULTING GROUP, PGA DESIGN, RRM DESIGN GROUP, S & C ENGINEERS, STANTEC CONSULTING SERVICES, INC., SWINERTON MANAGEMENT & CONSULTING, VALI-COOPER ASSOCIATES, AND WALLACE ROBERTS & TODD, LLC. WHEREAS, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call engineering services; and WHEREAS, Staff reviewed and selected the most qualified firms to provide certain engineering and landscape architecture services on an as-needed basis; and WHEREAS, the City entered into Consulting Services Agreements with the selected firms; and WHEREAS, Staff is seeking to amend these Agreements for the purpose of adding in "not-to- exceed" compensation to each of the Agreements; and WHEREAS, total compensation for the services provided under these Agreements is subject to budgetary approval by the City Council for the term of each Agreement; and WHEREAS, the total amount budgeted for the services included in this Resolution in Fiscal Year 2017-18 is $11,453,621.50; and WHEREAS, Staff is also seeking a term extension of two years on the Agreements for landscape architecture services given the upcoming capital improvement projects and on-call service need. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendments to the Consulting Services Agreements with Bellecci & Associates, BFS Landscape Associates, BSK Associates, Consolidated Engineering Laboratories, DKS Associates, Environmental Foresight, Fehr & Peers, Gates and Associates, Geocon, Harris & Associates, Kimley-Horn & Associates, Mark Thomas & Company, Pakpour Consulting Group, PGA Design, RRM Design Group, S & C Engineers, Stantec Consulting Services, Inc., Swinerton Management & Consulting, Vali-Cooper Associates, and Wallace Roberts & Todd, LLC., as attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendments. PASSED, APPROVED AND ADOPTED this 5t" day of September, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, and Hernandez Reso No. 118-17, Adopted 9/5/2017, Item No. 4.8 Page 1 of 2 4.4.c Packet Pg. 133 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) NOES: ABSENT:Mayor Haubert iABSTAIN: o Mayor Pro Tempore ATTEST: at4 City Clerk Reso No. 118-17, Adopted 9/5/2017, Item No. 4.8 Page 2 of 2 4.4.c Packet Pg. 134 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 135 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 136 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) RESOLUTION NO. 46 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO CONSULTING SERVICES AGREEMENTS WITH ASSOCIATED ENGINEERING CONSULTANTS; BSK ASSOCIATES; CAL ENGINEERING,& GEOLOGY; CONSOLIDATED ENGINEERING LAB; COTTON, SHIRES &ASSOCIATES; CSG CONSULTANTS, INC.; ENGEO; GEOCON; HILL INTERNATIONAL; MNS ENGINEERS, INC.; SWINERTON MANAGEMENT & CONSULTING; TRC COMPANIES, LLC WHEREAS, in previous years, Staff prepared and initiated a Request for Qualifications (RFQ) for on-call engineering services; and WHEREAS, during that time, Staff reviewed and selected the most qualified firms and entered into Consulting Services Agreements; and WHEREAS, the City wishes to extend terms for a period of two years with said firms. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Amendments to the Consulting Services Agreements with Associated Engineering Consultants; BSK Associates; Cal Engineering & Geology; Consolidated Engineering Lab; Cotton, Shires & Associates; CSG Consultants, Inc.; ENGEO; GEOCON; Hill International; MNS Engineers, Inc.; Swinerton Management & Consulting; and TRC Companies, LLC as attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amendments, attached hereto, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 21st day of May 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: Mayor ATTEST: atio c41 City Clerk Reso 46-19, Adopted 5/21/2019, Item 4.3 Page 1 of 1 4.4.c Packet Pg. 137 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 138 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) 4.4.c Packet Pg. 139 At t a c h m e n t : 3 . O r i g i n a l R e s o l u t i o n s , A g r e e m e n t s , a n d A m e n d m e n t s ( V a r i o u s P u b l i c W o r k s C o n s u l t a n t A m e n d m e n t s t o A g r e e m e n t s ) Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Revisions to the Personnel System Prepared by: Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: The City Council will consider proposed changes to the City’s current Personnel System to accommodate new and revised classifications in the Information Systems Division, Administrative Services Department, Environmental Programs Division, and Public Works Department. The proposed adjustments revise the City’s Classification Plan, Salary Plan, Benefit Plan and Management Leave and Benefit Plans. STAFF RECOMMENDATION: Adopt the following: 1) Resolution Amending the Classification Plan; 2) Resolution Amending the Salary Plan for Full-time Personnel and Management Positions Exempt from Competitive Service; 3) Resolution Amending the Benefit Plan; and 4) Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions. FINANCIAL IMPACT: There is no direct financial impact resulting from the changes proposed in this report. Any actions taken during Fiscal Year 2020-21 related to these changes will be covered with the existing operating budget and within the total number of employees approved in the current Position Allocation Plan. DESCRIPTION: Staff is proposing the creation of and revision of several positions to address new and enhanced levels of service identified in the Information Services Division and in the Environmental Programs Division. Information Services (IS) Division The IS Division is responsible primarily for the City’s network infrastructure and information technology service delivery. This functi on provides the backbone for every aspect of City operation through the maintenance of a number of software systems and the secure storage of an immense amount of data. In recent years, it has become 4.5 Packet Pg. 140 Page 2 of 4 increasingly challenging for the City IS team to provide daily on-call assistance and maintenance of the software systems, while strategically planning for future needs, such as the enhancement of the City’s cybersecurity and innovations in service delivery as defined in the City Council’s Strategic Plan. As such, in recognition of the need to elevate and enhance the IS function in the organization, Staff proposes the creation of the following new positions: • Chief Information Security Officer (CISO) - This position will provide senior leadership to the City Manager in guiding the City’s strategic technological initiatives. In addition to oversight of the IS team, the CISO will focus on implementing cybersecurity policies and procedures. • Information Systems Specialist - This position will provide technical expertise in computer applications, systems, and network security. These changes support the City Council Strategic Initiative #4: Become a 24/7 City Hall to Enhance Resident and Business Engagement; #4B: Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures; and #4C: Enhance citizen online interaction via reporting of issues and transparent data. Environmental Programs Division The Environmental Programs Division currently reports to the Transportation and Operations Manager. The Environmental Programs Division is responsible for the management and development of programs related to energy, source reduction and recycling, sustainable development, and municipal and community -wide sustainable policies and practices. On September 15, 2020, the City Council adopted an update to its Climate Action Plan (CAP), identifying a number of measures that will help the City reduce greenhouse gas emissions by 2040. Implementation of measures identified in the CAP, in addition to the increased work related to upcoming state regulations regarding recycling as anticipated in SB 1383, place additional responsibilities on the Environmental Programs Division. The City Manager has determined that Environmental Programs now requires its own management structure, separate from Transportation and Operations. As such, Staff proposes the creation of the following new position: • Environmental and Sustainability Manager - this position will oversee the activities under Environmental Programs, including the expanded efforts related to the CAP, coordination of the City’s compliance with upcoming regulations related to recycling and waste management, and supervision of the supporting positions allocated to this function. Changes to the Personnel System In order to accommodate the recommendations in this report, certain changes to the various documents constituting the City’s Personnel System, including the Classification Plan, Salary Plan, and Benefit Plans, are required. 4.5 Packet Pg. 141 Page 3 of 4 Classification Plan Pursuant to the City’s Personnel System Rules, a job description must be adopted for each classification within the organization. The job description typically includes key elements, knowledge, skills, abilities and requirements of the position. The job descriptions make up the City’s Classification Plan. Periodically, the City amends jobs descriptions to reflect current duties, creates new job descriptions based on changing business needs, and deletes obsolete descriptions. Attachment 1 is a proposed amendment to include new and revised job descriptions in the Classification Plan to allow for the changes described in this report and the reporting structures desired by the City Manager. • Chief Information Security Officer (Exhibit A) - new position • Environmental and Sustainability Manager (Exhibit B) - new position • Information Systems Specialist (Exhibit C) - new position • Administrative Services Director/Director of Finance (Exhibit D) - revised position • Information Systems Manager (Exhibit E) - revised position • Public Works Transportation and Operations Manager (Exhibit F) - revised position Salary Plan Included in the City’s Personnel System are Resolutions that address salary ranges for Full-time Personnel and Management Positions Exempt from Competitive Service. The attached Resolution (Attachment 8) is a proposed amendment to the City’s Salary Plan for the newly created positions. It establishes the monthly compensation for the Chief Information Security Officer and Environmental and Sustainability Manager under the Salary Plan for Management Positions Exempt from Competitive Service as well as the hourly compensation for the Information Systems Specialist under the Salary Plan for Full-time Personnel. The recommended monthly and hourly salary ranges for these new classifications are based on comparable positions in similar agencies and benched with City classifications of related job scope and requirements to establish pay equity within the City’s Salary Plan. Benefit Plan Attachment 9 amends the Benefit Plan, allowing the Chief Information Security Officer position to be eligible for the City’s car allowance of $190.00 per month. Finally, Attachment 10 prescribes specific leave benefits and designates the Chief Information Security Officer and Environmental and Sustainability Manager as management and exempt from the City’s competitive service system. STRATEGIC PLAN INITIATIVE: Strategic Initiative #4: Become a 24/7 City Hall to Enhance Resident and Business Engagement. Strategic Objective #4B: Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures. 4.5 Packet Pg. 142 Page 4 of 4 Strategic Objective #4C: Enhance citizen online interaction via reporting of issues and transparent data. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Amending the Classification Plan 2. Exhibit A to the Resolution - Chief Information Security Officer 3. Exhibit B to the Resolution - Environmental and Sustainability Manager 4. Exhibit C to the Resolution - Information Systems Specialist 5. Exhibit D to the Resolution - Administrative Services Director 6. Exhibit E to the Resolution - Information Systems Manager 7. Exhibit F to the Resolution - Public Works Transporation and Operations Manager 8. Resolution Amending the Salary Plan for Full-Time Personnel and Management Positions Exempt from Competitive Service 9. Resolution Amending the Benefit Plan 10. Resolution Amending the Management Positions Exempt from Competitive Service Resolution and Prescribing Leave Benefits for the Designated Positions 11. Red-Lined Job Descriptions of Exhibits D-F to Attachment 1 4.5 Packet Pg. 143 RESOLUTION NO. XXX – 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * RESOLUTION AMENDING THE CLASSIFICATION PLAN WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 30-84 and subsequent resolutions which comprise the Classification Plan; and WHEREAS, it is necessary to periodically add job descriptions to the Classification Plan. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall be amended to add the following positions: Chief Information Security Officer (Exhibit A) Environmental and Sustainability Manager (Exhibit B) Information Systems Specialist (Exhibit C) BE IT FURTHER RESOLVED that Resolution No. 30-84 and subsequent Resolutions shall further include changes to the following amended position(s): Administrative Services Director/Director of Finance (Exhibit D) Information Systems Manager (Exhibit E) Public Works Transportation and Operations Manager (Exhibit F) BE IT FURTHER RESOLVED that this document shall become a part of the official Classification Plan for the City of Dublin; and that the changes contained herein shall be effective October 6, 2020 PASSED, APPROVED AND ADOPTED this 6th day of October, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.5.a Packet Pg. 144 At t a c h m e n t : 1 . R e s o l u t i o n A m e n d i n g t h e C l a s s i f i c a t i o n P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 1 Date Adopted: 10-6-2020 Date Revised: Title: Chief Information Security Officer FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction of the City Manager’s Office, recommends and implements City policy regarding information technology and information security use; directs the activities of the Information Systems Division, including City's telecommunication, e-mail, voicemail, and computer systems operations and maintenance of software and hardware, programming, and system design, development, and implementation; coordinates assigned activities with other divisions, departments, and outside agencies; participates as a member of the City Manager’s Office management te am in departmental policy development, administrative planning, and addressing of citywide issues; and performs related work as required. The Chief Information Security Officer (CISO) is responsible for maintaining the confidentiality of any data that he/she may access on City systems. Distinguishing Characteristics: The Chief Information Security Officer (CISO) is a management position responsible for formulating policy, developing goals and objectives, supervising Division staff, contracts and vendors. Responsible for developing and administering Departmental budgets and capital improvement programming. Incumbents in this classification have a broad range of independence within policy and procedural limitations and work under minimal supervision. The incumbent is accountable to the City Manager’s Office for the effective management of personnel and the quality and efficiency of services directed. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of Division goals. Recommendations on the improvement of Division activities are expected. The CISO provides direct supervision and management to professional, technical, contract and clerical staff assigned to the Division. The CISO is a an At-Will position that is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), exempt from the City’s Personnel System Rules and is a Designated Management position. This classification is distinguished from the Information Systems Manager in that the former has administrative and management responsibility for overall administration of the Division, including development of Division objectives; design of supporting units; and implementation of programs, processes, policies, and/or procedures to successfully achieve those objectives. Supervision Received/Exercised: Receives general direction from the City Manager’s Office. Exercises administration, management, and supervision of the Division, including through secondary supervisors assigned to the Division. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 4.5.b Packet Pg. 145 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C h i e f I n f o r m a t i o n S e c u r i t y O f f i c e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 2 Administers, manages, coordinates, installs and upgrades the City’s computer, network, telecommunications, and information technology hardware and software including City operated Wi-Fi networks; security systems including surveillance systems, alarms and access control technology; City's fiber network; and phone systems. Designs and develops requirements for systems technology, systems security and applications; performs and/or directs systems design work, operations and maintenance, program development, integration testing, deployment, training, and documentation. Establishes controls on data, system security and policy on the use of technology and application to City programs; analyzes procedures and recommends improvements; prepares reports. Prepares, manages, and monitors the Division budget; estimates costs and impact of new technology and applications; consults with and advises City management on information technology, systems security, policies, and the status of projects; develops procedures for handling data, operations activities, systems security and departmental requests for new technology and services. Confers with vendors and assists departments in assessing applicability to City's standards and needs; evaluates and purchases all information technology hardware; ensures cost effectiveness and compatibility with existing systems; serves as liaison between vendors, purchasing, and City departments; negotiates with vendors to purchase information technology hardware and software. Selects, supervises, and evaluates the work of consultants and integrates consultant’s work into the City’s technology program; writes bid specifications for new equipment; reviews bids and makes decisions and recommendations. Directs the activities of managers/supervisors and staff in the Division; plans, prioritizes and assigns tasks and projects; monitors work, develops staff skills, evaluates performance; meets regularly with staff to discuss and resolve workload and technical issues; sets performance standards and develops appropriate goals and priorities; submits hiring and termination recommendations. Develops, evaluates and administers Department and Division goals, objectives, policies and procedures; assures Divisions’ plans and activities are in compliance with all applicable laws, policies, regulations, timelines, and goals; reviews project work papers and approves project plans and procedures. Assures the integrity of Division work products, processes and procedures; monitors technical documents for accuracy, completeness, and compliance with Federal, State, and City policies and practices; reviews and prepares status reports and recommends appropriate actions. Assures a productive, efficient and technically competent work environment; assures effective communications with other City Departments and outside agencies; sets Division priorities and assures program and project deadlines and performance standards are met. Assures that any direct reports comply with all City safety requirements and practices. Makes presentations to the City Council and other groups; may be assigned to supervise ancillary operations as needed. Coordinates meetings with regional agencies, local businesses, and community groups as required. Maintains the absolute confidentiality of all records and information. 4.5.b Packet Pg. 146 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C h i e f I n f o r m a t i o n S e c u r i t y O f f i c e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 3 MINIMUM QUALIFICATIONS: Knowledge Of: Information systems, technology security, telecommunications, programming, and computer operations. Principles, procedures, practices, techniques, nomenclature, and symbols associated with computer science, telecommunications, and systems analysis. Data processing field sufficient to make recommendations regarding changes in office operations. City organization, operations, policies and procedures. Principles and practices of computer systems design, operation, administration, and control. Current hardware and software supply sources, pricing, and quality. Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases. Techniques and practices for effective, efficient, and cost-effective management of allocated resources. Principles and practices of administrative management, including personnel rules, cost accounting, budgeting, procurement, contract management, and employee supervision. Project and contract management, and negotiation principles and techniques. Personal computer hardware and software, network systems, and peripheral equipment. Record keeping and file maintenance principles and procedures. Ability To: Assume management level responsibilities and make appropriate decisions, while assuring compliance with City goals and objectives Operate diverse technologies and applications. Plan, organize, supervise, and evaluate the work of employees engaged in information technologies. Implement systems to meet defined requirements and/or lower the cost of City operations. Design or procure new systems according to departmental requirements. Present and defend reports and information in public meetings. Interpret technical instructions and analyze complex variables Establish and maintain effective working relationships with others. Communicate effectively in English both orally and in writing. 4.5.b Packet Pg. 147 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C h i e f I n f o r m a t i o n S e c u r i t y O f f i c e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 4 Prioritize daily tasks and work requests given broad priority guidelines. Read and understand complex manuals and guidelines related to hardware and software. Analyze issues, evaluate alternatives, and makes logical recommendations based on findings. Interpret and apply City standards and policies. Use initiative and independent judgment within established procedural guidelines. Assess and prioritize multiple tasks, projects and meet critical time deadlines. Establish and maintain cooperative working relationships with City employees, officials, the general public and representatives from other local, State and Federal agencies. Communicate effectively both orally and in writing. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, climb, kneel and twist while working on computer equipment, peripherals, and ancillary equipment; perform simple grasping and fine manipulation; use telephone and write and use keyboard to communicate; discern wire colors and see small text and numbers on wiring and circuitry; routinely move equipment weighing up to 30 pounds and occasionally move equipment weighing up to 75 pounds. While performing duties, the employee is regularly required to transport and install computers and related equipment involving physical dexterity, moderate lifting and carrying of up to 50 pounds. Use various hand tools and testing equipment in repair, adjustment and problem identification of personal computers and related equipment; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Education: A Bachelor’s degree from an accredited four-year college or university with a major in computer science, engineering, information systems, or a related field. A Master’s degree in a related field is preferred. Experience: Five years of increasingly responsible full-time experience in information technology which has provided skill in a variety of software and hardware issues, including systems analysis and design; or any equivalent combination of education and experience that provides the knowledge, skills, and abilities listed below. Familiarity with the type of hardware and software installed at the City is desirable. A minimum of two years of administrative management and/or supervisory experience and familiarity other City systems is also desirable. Licenses; Certificates; Special Requirements: 4.5.b Packet Pg. 148 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C h i e f I n f o r m a t i o n S e c u r i t y O f f i c e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT A 5 Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability. Must have the willingness and ability to: work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.5.b Packet Pg. 149 At t a c h m e n t : 2 . E x h i b i t A t o t h e R e s o l u t i o n - C h i e f I n f o r m a t i o n S e c u r i t y O f f i c e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B Date Adopted: 10-6-2020 Date Revised: Title: Environmental and Sustainability Manager FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction, manages and directs the work of the Environmental Programs Division in the Public Works Department including implementation of the Climate Action Plan and greenhouse gas reduction goals, sustainability initiatives and programs, integrated waste management and recycling, and stormwater pollution prevention; represents the City and provides staff support to a variety of intergovernmental committees, subcommittees, authorities, and City staff; performs related duties as required. Distinguishing Characteristics: This is a single position, management classification, reporting directly to the Public Works Director or designee. The incumbent is responsible for managing the activities of a division engaged in developing and implementing the Climate Action Plan and greenhouse gas reduction goals, sustainability initiatives and programs, integrated waste management and recycling, and stormwater pollution prevention. The incumbent has considerable latitude in the application of policy and follows general guidelines or professional and administrative standards in accomplishing assignments. The incumbent is expected to identify policy issues and work with other staff to develop options and recommend solutions. Review of work is occasional or on a problem basis, with the incumbent presenting alternative courses for policy decision. In addition, the incumbent is responsible for establishing and maintaining positive work relations with vendors and other agencies. Supervision Received/Exercised: Receives general direction from the Public Works Director or designee. Exercises direct supervision over professional and technical staff in assigned area. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Participates as a team member in the work of the department's management team and understands and implements assigned duties and responsibilities to support team goals and objectives. 4.5.c Packet Pg. 150 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - E n v i r o n m e n t a l a n d S u s t a i n a b i l i t y M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B Works cooperatively with other team members by receiving and sharing information; soliciting input, identifying operational and interpersonal issues, and participating in problem solving. Plans, organizes, manages, and directs programs and implementation measures related to the Climate Action Plan, the Green Infrastructure Plan, environmental stewardship, and sustainability initiatives. Plans, organizes, manages, and directs programs which encourage environmentally sound and cost-effective methods for the disposal of garbage, recovery of recyclables, and waste prevention. Plans, organizes, manages, and directs programs associated with the Stormwater Management and Discharge Control Ordinance, the National Pollution Discharge Elimination System (NPDES) Municipal Regional Permit, and other urban clean water programs. Oversees the Climate Action Plan, Green Infrastructure Plan, and Disaster Debris Management Plan (DDMP). Develops new and reviews existing environmental and sustainability programs; recommends and directs implementation of changes. Provides technical expertise to other City departments and divisions. Reviews and analyzes federal, state, and local environmental and sustainability legislation for its impact on the City. Develops and recommends environmental and sustainability policies, programs, and initiatives to the City Council. Prepares and reviews a variety of complex and comprehensive reports. Works with other public agencies to develop environmental stewardship and sustainability programs. Oversees the preparation and implementation of marketing and public information campaigns designed to secure public participation. Provides staff support for and may represent the City in the development and implementation of climate action, sustainability, waste management, and clean water policies before a variety of other City and interagency committees, sub-committees, and authorities. Represents the City in meetings with public officials, regulatory bodies, the business community, members of policy and advisory boards, community and civic groups, and the public. Serves as the liaison with waste management franchise holders. Directs the preparation and administration of the Environmental Programs Division budget. Using cost analysis techniques, develops and recommends implementation of fee structures to support Division programs. Recommends and justifies program goals and related financial and staff resource needs. 4.5.c Packet Pg. 151 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - E n v i r o n m e n t a l a n d S u s t a i n a b i l i t y M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B Accounts for the effective use of allocated resources. Negotiates contracts with contractors and consultants, including preparing and directing the preparation of requests for proposals, reviewing and evaluating proposals, and developing contracts. Monitors implementation of contracts for compliance and levels of service. Coordinates the work of subordinate staff. Monitors and reviews employee performance, staff development, and program implementation for customer satisfaction, efficiency, effectiveness, work priorities, and compliance with laws, rules, regulations, and standards. Ensures that staff is provided with resources and technology necessary to provide customer service. Develops and implements employee development plans. Evaluates staff performance, provides employee counseling and recommends employee discipline, and participates in the selection of new employees. Performs related duties as required. Minimum Qualifications: Knowledge of: Federal, state and local laws, regulations, codes, funding policies, and grant programs pertaining to the environment, energy conservation, stormwater pollution prevention, and waste management. Principles, practices, terminology, and methods of environmental stewardship and sustainability programs, environmental compliance programs, and stormwater pollution prevention. Solid waste, recycling, composting, and hazardous waste programs, collection services, disposal, and associated costs and revenue. The principles and practices of effective management and supervision, including long- and short- range planning. The principles and practices of contract negotiation and administration. Group and interpersonal dynamics. Written and oral communication techniques and methodologies. Program planning and implementation. 4.5.c Packet Pg. 152 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - E n v i r o n m e n t a l a n d S u s t a i n a b i l i t y M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B Marketing, public information, and community relations concepts including negotiation techniques and presentation skills. Principles, practices, computer systems, and applications of administrative and program management, including budget development and tracking, contract management, documentation, and reporting. Energy conservation, greenhouse gas reduction, water conservation, stormwater pollution prevention, and waste reduction strategies, programs, and requirements. Principles and techniques used in supervision, training, and performance management. Customer service techniques. Computerized software systems used in daily operations such as computerized maintenance management Systems, geographical information systems, customer relations software. Ability To: Effectively supervise and mentor staff. Effectively lead the Environmental Programs Division. Effectively communicate policies, procedures, city codes and operations to other city staff and the general public. Evaluate and recommend changes to operations as needed. Establish and maintain effective working relationships within the department, organization and outside groups. Provide outstanding customer service. Communicate effectively with the public, elected officials, City staff, utility regulators and various vendors and groups. Use of computer software related to work. Physical Standards: The physical standard described is representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand, and occasionally lift up to 20 pounds. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. 4.5.c Packet Pg. 153 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - E n v i r o n m e n t a l a n d S u s t a i n a b i l i t y M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT B Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor's degree from an accredited college or university with major course work in environmental studies, transportation or urban planning, natural or physical science, sustainability, public administration, engineering or a related field. A Master’s degree in environmental studies or closely related field is desirable. Experience: Five years of professional experience in managing environmental and sustainability programs. Experience in compliance or monitoring of environmental issues is desirable. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers’ license and Certificate of Automobile Insurance for Personal Liability. 4.5.c Packet Pg. 154 At t a c h m e n t : 3 . E x h i b i t B t o t h e R e s o l u t i o n - E n v i r o n m e n t a l a n d S u s t a i n a b i l i t y M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 1 Date Adopted: 10-6-2020 Date Revised: Title: INFORMATION SYSTEMS SPECIALIST FLSA: Non-Exempt General Purpose: Under administrative direction, performs a full range of paraprofessional duties in support of the City's information systems operations including serving as technical expert, assisting in the development of computer applications, and assisting in the design and implementation of computer systems and related technical and administrative projects. This position provides the full range of office software, computer hardware, and user support related to the City's computer network and phone systems, maintains the integrity and operability of the network infrastructure, and analyzes and troubleshoots City-wide network problems related to computer, telephone, and security networks. Distinguishing Characteristics: The Information Systems Specialist is the advanced journey level paraprofessional class in the Information Systems series performing the full scope of complex hardware and software installation, maintenance, troubleshooting, and user support with minimum supervision. Incumbents in this class may also be assigned project management related duties for the development and maintenance of assigned systems. Positions at this level are expected to perform of the full range of duties as assigned, work independently, apply well developed computer and network skills, knowledge, and abilities, and exercise judgment and initiative. Incumbents may provide lead direction to lower level technical positions, but this is not considered a primary distinguishing characteristic. Positions at this level receive only occasional instruction or assistance as new or unusual situations arise and are fully aware of the operating procedures and policies of the work unit. Work is normally reviewed only on completion and for overall results. Supervision Received: Receives direction supervision as assigned by the Chief Information Security Officer. Essential Duties and Responsibilities: Assists in the development of computer applications. Assists in the design and implementation of computer systems and related technical and administrative projects. Provides technical support in the design, planning, and implementation of local area networks (LAN) and wide area networks (WAN). 4.5.d Packet Pg. 155 At t a c h m e n t : 4 . E x h i b i t C t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s S p e c i a l i s t ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 2 Installs, programs, and maintains City telephone, voicemail and security systems; provides technical support for these systems. Provides project management and technical assistance related to new project rollouts. Maintains the integrity and operability of the network infrastructure including back office servers, routers, switches, and phone system; assists in the analysis and troubleshooting of City-wide network problems related to computer and telephone networks. Participates in network administration; installs and configures new/existing servers; upgrades existing server; administers user accounts, groups' security, permissions, policies, and e-mail issues; monitors, maintains, and updates patches as scheduled; installs, upgrades, and configures network printing, directory structures, rights, security, and file services; assists in the resolution of network related problems. Provides network infrastructure support; configures and maintains network infrastructure including routers, switches, VLANs, and firewalls. Installs, configures, upgrades, troubleshoots, and repairs computers, computer components, software, and peripheral devices. Provides technical support to users including support via phone and email; responds to needs and questions of users concerning their access to network resources. Supports and responds to inquiries regarding specialized applications; coordinates issues with corresponding vendors/consultants. Participates in technical documentation; creates and maintains technical documents including network layout, configuration, and instructions. Assumes responsibility for City-wide training programs pertaining to voice e-mail, and security systems; trains users on basic software and hardware operation. Provides database support; assists with database projects for different departments. Establishes level of facility access and issues security access devises. Performs backups of critical data. Provides support for the audio/video system in the Council chambers. Participates in the implementation of new technologies; researches, tests, and evaluat es products/solutions. Makes software and systems recommendations to facilitate increased efficiency. Generates purchasing quotes for a variety of equipment, peripherals, and supplies. Performs related duties as required. 4.5.d Packet Pg. 156 At t a c h m e n t : 4 . E x h i b i t C t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s S p e c i a l i s t ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 3 Minimum Qualifications: Knowledge of: Operating characteristics of computer systems and procedures. Principles and practices used in the analysis, design, programming, operation, maintenance, and control of computer systems. Computer operating systems and local area network applications. Network topologies, protocols, hardware, structures, and cabling. Network environments and local area network operations. Software, data base languages, and telephone systems as used by the City. Personal computer diagnostic hardware utilities and testing equipment. Database design principles and practices. Data processing documentation principles and practices. Principles and practices of record keeping. Principles and methods of training and instruction. Modern office procedures, methods, and equipment including computers and supporting word processing and spreadsheet applications. Ability To: Understand, interpret, and effectively explain the full range of hardware and software applications to users. Identify, analyze, and resolve complex computer, telephone hardware, software, and network related problems and implement solutions. Evaluate, test, develop, and configure new technology enhancements. Configure routers, switches, and firewalls. Research technical materials and provide and document solutions to complex problems. Use initiative and sound judgment within established procedural guidelines. Work independently to analyze problems and implement solutions. Organize and prioritize work schedule and handle multiple priorities. Exercise discretion in dealing with confidential information and system security. 4.5.d Packet Pg. 157 At t a c h m e n t : 4 . E x h i b i t C t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s S p e c i a l i s t ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT C 4 Operate office equipment including computers and supporting word processing, spreadsheet, and database applications. Operate, maintain and repair standalone and networked computers, peripherals, telephones and a variety of software applications. Communicate clearly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, climb, kneel and twist while working on computer equipment, peripherals, and ancillary equipment; perform simple grasping and fine manipulation; use telephone, write and use keyboard to communicate; discern wire colors and see small text and numbers on wiring and circuitry; routinely move equipment weighing up to 50 pounds. While performing duties, the employee is regularly required to use various hand tools and testing equipment in repair, adjustment and problem identification of personal computers and related equipment; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Education, Experience, and Training: Any combination of education and experience equivalent to the following is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: An Associate of Art's degree information technology, computer science, or related field. A Bachelor's degree is desirable. Experience: Three years of responsible technical information systems experience comparable to an Information Systems Technician with the City of Dublin. Training: Any recent training such as, academic courses and certification programs, which are relevant to this job classification. Licenses, Certificates, Special Requirements: Possession of a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. 4.5.d Packet Pg. 158 At t a c h m e n t : 4 . E x h i b i t C t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s S p e c i a l i s t ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT D Date Adopted: 4-4-1986 Date Revised: 10-6-2020 Title: Administrative Services Director/Director of Finance FLSA: At-Will/Exempt/Designated Management General Purpose: To direct, plan, organize, and administer the activities and operations of the Administrative Services Department, which is comprised of the Finance / Accounting Division, the Treasury function, and the Risk Management Division; to coordinate department activities with other City departments and outside agencies; and to provide highly responsible and complex administrative assistance to the City Manager. Distinguishing Characteristics: This is an Executive Management/Department Head class with full responsibility for the management of multiple function service delivery areas within the City. Reports to and receives direction from the City Manager or designee. Employees at this level receive administrative direction from the City Manager or designee in terms of goals. Department Head positions are reviewed in terms of results. Supervision Received/Exercised: Receives general direction from the City Manager’s Office. Exercises administration, management, and supervision of the Department, including through secondary supervisors assigned to the Department. Essential Duties and Responsibilities: Develops, plans, and implements department goals and objectives; develops and administers policies and procedures. Plans and directs the activities of the Administrative Service Department; supervises and coordinates department activities with those of other departments and outside agencies and organizations. Provides administrative assistance to the City Manager; prepares and present reports to the City Council and various committees and commissions regarding the City’s fiscal, treasury, and budget practices, policies, and procedures. Direct and manage the City’s Risk Management Division including contracts administration, claims against the City, general liability/property insurance programs, vicious dog hearings, and participation in the City’s risk pool authority. 4.5.e Packet Pg. 159 At t a c h m e n t : 5 . E x h i b i t D t o t h e R e s o l u t i o n - A d m i n i s t r a t i v e S e r v i c e s D i r e c t o r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT D Directs, oversees and participates in the development of the Department's work plan; assigns work activities, projects, and programs; monitors workflow; reviews and evaluates work products, methods, and procedures. Serves as City Treasurer pursuant to local ordinances, budget officer, and financial advisor overseeing financial forecasting, investment management, and related financial activities. Serves as the Finance Director to perform statutory duties as may be stated in the California Government Code and / or the City of Dublin Municipal Code Chapter 2.10. Under direction of the City Manager, prepares and coordinates the citywide operating and capital improvement budgets. Directs and oversees the analysis and reporting of the City’s current and future financial needs. Develops and administers the Department's budget; forecasts additional funds needed for staffing, equipment, materials and supplies; monitors and approves expenditures; implements mid-year adjustments. Selects, trains, supervises, evaluates, and disciplines personnel; provides or coordinates staff training. Represents the City to outside groups and organizations; participates in outside community and professional groups and committees providing technical assistance as necessary. Responds to and resolves difficult and sensitive citizen inquiries and complaints. Reviews and interprets applicable government regulations and requirements. Researches and prepares administrative reports and studies; prepares written correspondence as necessary. Directs the negotiation and execution of a variety of contracts and agreements; participates in negotiations with developers for the development and construction of City facilities and other private/public projects. Receives and reviews reports from staff members and takes appropriate action. Attends professional workshops, seminars, and conferences. Performs related duties as assigned. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: Knowledge of: Principles and practices associated with municipal administration, including fiscal and office management. Principles and practices of municipal finance, budget preparation, and administration. 4.5.e Packet Pg. 160 At t a c h m e n t : 5 . E x h i b i t D t o t h e R e s o l u t i o n - A d m i n i s t r a t i v e S e r v i c e s D i r e c t o r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT D Principles, practices, and techniques of public administration, with an emphasis in municipal finance. Federal, state, and local laws, regulations, and court decisions applicable to assigned areas of responsibility. Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. Principles and practices of organization, administration, supervision, and personnel management. Principles and practices of statistical research methods and forecasting fees and charges. Principles of supervision, training, and performance evaluation. Principles of community and public relations. Customer service techniques and public speaking. Ability To: Plan, direct, and control the administration and operations of a department. Develop and implement department policies and procedures. Gain cooperation through discussion and persuasion. Successfully develop, control and administer department budget and expenditures. Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Identify and respond to public, City Council and commission/committee issues and concerns. Interpret and apply City, Federal, State and local policies, procedures, rules and regulations. Communicate clearly and concisely, orally and in writing. Supervise, train, and evaluate assigned personnel. Establish and maintain effective working relationships with those contacted in the course of work. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit at desk and in meetings for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. Intermittently, twist to reach equipment surrounding desk; walk to observe department activities; bend and squat to perform file searches; perform simple grasping and fine manipulation; use telephone and wri te or use a keyboard to communicate through written means; operate an automobile to attend various meetings and workshops. While performing duties, the employee is regularly required to use 4.5.e Packet Pg. 161 At t a c h m e n t : 5 . E x h i b i t D t o t h e R e s o l u t i o n - A d m i n i s t r a t i v e S e r v i c e s D i r e c t o r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT D written and oral communication skills; analyze community service, budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve community service issues; remember personnel rules, legal and code requirements; and explain and interpret codes, policies and procedures; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the req uired knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Graduation for an accredited college or university with a bachelor's degree in finance, public or business administration or a related field. A Master's degree is preferred. Experience: Six years of professional and responsible experience in municipal finance management or municipal administration, including at least three years in a supervisory capacity. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers' license, and Certificate of Automobile Insurance for Personal Liability. 4.5.e Packet Pg. 162 At t a c h m e n t : 5 . E x h i b i t D t o t h e R e s o l u t i o n - A d m i n i s t r a t i v e S e r v i c e s D i r e c t o r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT E Date Adopted: 3-16-1999 Date Revised: 10-6-2020 Title: Information Systems Manager FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction, supervises, , implements, and maintains the City’s information systems; and performs installations configurations, troubleshooting, and maintenance of hardware, software, peripheral and related communication equipment. Coordinates the review, selection, and implementation of new systems and components. Manages the response to requests for assistance from users; researches, analyzes, and recommends solutions to information systems problems. Evaluates proposals to integrate new systems and performs other related work as required Distinguishing Characteristics: Receives direction from the Chief Information Security Officer, is responsible for the supervision of the City’s IS functions. The duties involve computer operations and systems administration on multiple systems and configurations. It is expected that the incumbent will exercise independence of action and be capable of performing complex system and project administration tasks. Supervision Received/Exercised: Receives general direction from the Chief Information Security Officer. Exercises direct supervision over professional and technical staff in assigned area. Essential Duties and Responsibilities: Develops and implements comprehensive information technology services, programs, projects and functions, including voice, data, and GIS services. Plans, organizes, coordinates, and manages assigned work related to the City's computer network and telecommunications services including the selection, procurement, implementation, installation, and maintenance of multi-user computer servers and single-user desktop computers; administers the City's support services for microcomputers. Manages asset inventory and software licensing. Recommends city-wide hardware and software standards; coordinates the review, selection and implementation of new systems and components; oversees system conversions and modifications. Administers contracts for the acquisition, installation, application, and maintenance of vendor products and services. 4.5.f Packet Pg. 163 At t a c h m e n t : 6 . E x h i b i t E t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT E Coordinates development and administration of disaster recovery procedures and backup systems, including data backup and restoration of computer services. Resolves complex problems with multi-user computers, printers, servers, software, peripherals, and other related equipment. Identifies opportunities for service delivery improvements; analyzes and evaluates techniques for the implementation of new computer applications, hardware, and peripheral equipment. Serves as a resource for City computer users, providing assistance with computer hardware, software, and related peripheral equipment. Identify operational and equipment problems and confer with other City staff and vendors to correct problems; identify malfunctioning equipment requiring repair (e.g. computer, telephones, voicemail, etc.); coordinate third party repair services. Acts as liaison between City and Contract computer users and information technology staff to define technical and operational requirements. Researches and recommends industry resources regarding new technological developments and trends. Coordinates information technology activities with other divisions, departments, public agencies, public utilities, contract services, and the general public. Prepares and may present various studies, analyses and reports regarding information technology and GIS services. Develops and determines priorities, staff assignments, and work methods. Ensures compliance with federal, state and local laws, regulations, codes, etc. Supervises, trains, and evaluates assigned staff. Assist in the development and implementation of the City’s use of the Internet. Evaluate departmental requests for system enhancements/modifications, and perform or oversee enhancements/modifications as appropriate, Prepare various reports and related documentation. Maintains the absolute confidentiality of all records and information. Attend meetings, conferences and seminars during work and non-work hours. Conduct trainings and make presentations. Prepares and administers assigned budgets. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: 4.5.f Packet Pg. 164 At t a c h m e n t : 6 . E x h i b i t E t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT E Knowledge of: Knowledge of the principles and practices of automated information systems management and system support functions including computer systems, networks, client-servers, Internet and telecommunication industry standards (software and hardware applications, cabling, printers, plotters, routers, data lines and modems etc.). Operating systems and operation of a complex networked computing environment including web servers, databases, internet connectivity and wide area network technologies. Systems analysis design and programming. Developments in information technology, hardware, peripheral equipment, software components, system devices and applications. Principles and practices of budgeting, purchasing and maintenance of public records. Principles and practices of supervision, training and performance evaluation. Principles and practices of sound business communications. Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility; Customer service skills. Ability To: Effectively manage, coordinate and supervise assigned areas with the City's information technology Division. Develop and implement comprehensive information technology services, programs, projects and functions including both data and voice; Plan organize, coordinate, manage and participate in all work related to the City's computer networ k, GIS, and telecommunications services Coordinate the integration of hardware, operating systems, and applications for minicomputer and microcomputer networked environments. Observe and problem solve operation and technical deficiencies; interpret and verbally explain technical concepts to less knowledgeable individuals. Analyze systems data and situations, identify and resolve various information systems and application problems. Maintain a current understanding of technological advancements and trends. Develop GIS demos and prepare professional quality maps. Integrate GIS data for City and County Uses. 4.5.f Packet Pg. 165 At t a c h m e n t : 6 . E x h i b i t E t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT E Train others in GIS techniques. Establish and maintain effective working relationships with management, subordinates, co -workers, consultants, contractors, representative of other agencies, the general public, using customer service and public relations techniques. Express ideas effectively in written and oral presentations. Exercise sound judgement within established programs and procedural guidelines. Manage multiple projects simultaneously and be sensitive to deadlines and changing priorities. Negotiate contracts with and coordinate consultants and vendors, as required. Work independently under minimal supervision, draw valid conclusions and project consequences of decisions and recommendations; set priorities and meet deadlines. Work flexible hours if necessary. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittent ly stand, walk, bend, climb, kneel and twist while working on computer equipment, peripherals, and ancillary equipment; perform simple grasping and fine manipulation; use telephone and write and use keyboard to communicate; discern wire colors and see small text and numbers on wiring and circuitry; routinely move equipment weighing up to 30 pounds and occasionally move equipment weighing up to 75 pounds. While performing duties, the employee is regularly required to transport and install computers and related equipment involving physical dexterity, moderate lifting and carrying of up to 50 pounds. Use various hand tools and testing equipment in repair, adjustment and problem identification of personal computers and related equipment; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Education, Experience, and Training: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor’s Degree in information technology, computer science, management information systems or a related field. Experience: Three years of experience in administering wide-area networks and communication links to off-site networks. Additional experience with supporting Internet services, GIS database, mapping applications and implementing new systems is desirable. 4.5.f Packet Pg. 166 At t a c h m e n t : 6 . E x h i b i t E t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT E Training: Any recent training such as, academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: Possession of a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. Must have the willingness and ability to work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.5.f Packet Pg. 167 At t a c h m e n t : 6 . E x h i b i t E t o t h e R e s o l u t i o n - I n f o r m a t i o n S y s t e m s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT F 1 Date Adopted: 5-3-2011 Date Revised: 10-6-2020 Title: Public Works Transportation and Operations Manager FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction, the Public Works Transportation and Operations Manager oversees specialized and highly technical projects related to transportation planning, traffic operations management, maintenance services and building management. The Public Works Transportation and Operations Manager is responsible for planning, managing and coordinating the activities of the City’s Traffic Operations Center (TOC), City’s transportation system, with specific emphasis on traffic signal design, maintenance and operation; and traffic signal systems design, implementation and communications. Makes recommendations and provides assistance to the Public Works Director; provides expert professional assistance to City Staff, performs related work as required. Distinguishing Characteristics: The Public Works Transportation and Operations Manager is a management position responsible for directing, supervising and participating in assigned activities of the Public Works Department including formulating policy, developing goals and objectives, and developing and administering budget of assigned program areas. Incumbents provide highly responsible and complex staff assistance to the Public Works Director and have a broad range of independence within policy and procedural limitations and work under minimal supervision. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of Department/Division goals. The incumbent is accountable for the effective supervision of personnel and the quality and efficiency of services directed. Recommendations on the improvement of assigned program areas are expected. The Public Works Transportation and Operations Manager is a an At -Will position that is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), exempt from the City’s Personnel System Rules and is a Designated Management position. The Public Works Transportation and Operations Manager is distinguished from the positi on of Public Works Manager and Senior Civil Engineer in that the former has management responsibility for all aspects of assigned program areas within the Department. It is further distinguished from the Public Works Director in that the Director has overall management responsibility for all areas of the Department which include Engineering, Public Works Inspection, General and Traffic Engineering Services, Capital Project Design and Implementation, Street Sweeping, Traffic Signal and Street Lighting Mainte nance, Public Works Maintenance Services and Building Management. 4.5.g Packet Pg. 168 At t a c h m e n t : 7 . E x h i b i t F t o t h e R e s o l u t i o n - P u b l i c W o r k s T r a n s p o r a t i o n a n d O p e r a t i o n s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT F 2 Supervision Received and Exercised: Receives general direction from the Director of Public Works/Assistant City Engineer or designee. Exercises direct supervision and supervision through secondary supervisors to assigned, professional, technical and clerical personnel. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Administers, manages, and maintains City’s Traffic Operations Center (TOC). Administers, manages, and maintains signal systems (equipment and communication lines) Traffic studies not related to development (e.g., safety assessments, stop sign studies, crossing guard evaluation). Manages the preparation of Downtown Traffic Impact Fee (TIF) Update. Manages General Plan Circulation Element Update. Reviews and responds to citizen complaints and work with homeowner’s associations and neighborhood groups to resolve traffic and safety concerns. Performs and reviews transportation–related studies to ensure compliance with adopted transportation safety and level of service standard. Represents the City on various boards, committees, and associations in matters relating to transportation, traffic safety, and other assigned areas. Administers and manages annual street maintenance program budgets using appropriate Federal, State, and local guidelines. Plans work activities, establishing daily, weekly, monthly, and annual work programs and schedules. Manages, reviews, and recommends changes and modifies existing maintenance activities and programs to improve effectiveness and productivity. Directs and monitors the City’s street signing, striping maintenance, and replacement program ensuring the City roadways are properly signed and marked (e.g., faded signs and markings or obsolete signs). Prepares signal timing plans for new or modified signals. Assumes management responsibility on major transportation and research studies and projects. 4.5.g Packet Pg. 169 At t a c h m e n t : 7 . E x h i b i t F t o t h e R e s o l u t i o n - P u b l i c W o r k s T r a n s p o r a t i o n a n d O p e r a t i o n s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT F 3 Assists in the development and implementation of goals, objectives, policies, procedures, work standards, and the annual budget for the Department in assigned areas of responsibility. Assists in the development of the City’s Capital Improvement Plan. Reviews and approves engineering plans, specifications, and contract documents. Selects assigned personnel and provides for their training and professional development; interprets City policies and procedures to employees; is responsible for morale and productivity of assigned staff. Minimum Qualifications: Knowledge of: Theories, principles, and practices of transportation planning and land use, business and public administration. Principles, practices, and techniques of civil engineering as applied to municipal engineering projects. Applicable local, state, and federal laws, rules, and regulations governing transportation policies and funding sources for a public agency. Organization and processes of local, regional, state, and federal government, including legislative and funding processes and policies. Financial, analytical, statistical, and mathematical methods and procedures. Civil engineering and traffic engineering practices and procedures. Techniques and materials commonly used in the construction and maintenance of public projects. Developments and sources of information regarding public works engineering projects. Principles and practices of budget preparation, budget administration, and work planning. Methods and practices of community organization and citizen participation. Supervisory principles and practices including training and evaluation. Customer service techniques. Ability To: Learn, interpret, and apply City, department, and division rules, regulations, policies and practices. Analyze complex operational and administrative problems, evaluate alternatives and recommend or adopt effective courses of action. 4.5.g Packet Pg. 170 At t a c h m e n t : 7 . E x h i b i t F t o t h e R e s o l u t i o n - P u b l i c W o r k s T r a n s p o r a t i o n a n d O p e r a t i o n s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT F 4 Perform engineering work expected of a registered Civil Engineer and/or registered Traffic Engineer. Develop and implement goals, objectives, policies, procedures, work standards, and management controls, including the application of project management techniques. Review and analyze engineering and capital improvement projects and programs. Prepare and review department budgets, contracts, reports, and related engineering documents. Negotiate project conditions of approval. Work well under the urgency of deadlines. Present clear and concise verbal and written reports. Deal effectively with representatives from public and private agencies and with the general public in coordinating activities and resolving problems. Plan, organize, assign, review, and evaluate the work of assigned staff. Exercise sound, fair, and consistent independent judgment; provide technical assistance and staff leadership to various boards and commissions. Exemplify and foster an enthusiastic, resourceful, and effective service attitude with the public and all who are contacted in the course of the work. Participate, foster and encourage all members of the work unit to work as members of a team. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand and safely lift and/or maneuver office supplies and construction plans weighing up to 20 pounds. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: 4.5.g Packet Pg. 171 At t a c h m e n t : 7 . E x h i b i t F t o t h e R e s o l u t i o n - P u b l i c W o r k s T r a n s p o r a t i o n a n d O p e r a t i o n s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) EXHIBIT F 5 Education: Bachelor’s degree from an accredited college or university in Civil Engineering or related field. Master’s degree in an applicable field is desirable. Experience: Five years experience performing progressively responsible professional civil engineering work with registration and one-year experience in supervising engineering staff engaged in a variety of public works projects. Training: Any recent training classes, such as academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: Requires a Professional Engineer License in the State of California. Possession of a Traffic Engineering license is highly desirable. Requires a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. Special Requirements: Must have the willingness and ability to: work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.5.g Packet Pg. 172 At t a c h m e n t : 7 . E x h i b i t F t o t h e R e s o l u t i o n - P u b l i c W o r k s T r a n s p o r a t i o n a n d O p e r a t i o n s M a n a g e r ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) RESOLUTION NO. XX – 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * RESOLUTION AMENDING THE SALARY PLAN FOR FULL-TIME PERSONNEL AND MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE WHEREAS, in accordance with the City’s Personnel System Rules, the City Council adopted Resolution No. 52-20 and subsequent Resolutions which establish a Salary Plan for Full-time Personnel; and WHEREAS, the City Council adopted Resolution No. 53-20 and subsequent Resolutions which establish a Salary Plan for management positions exempt from competitive service in accordance with the City’s Personnel System Rules. NOW, THEREFORE, BE IT RESOLVED that the position of Information Systems Specialist shall be added and covered under Article I, Section B of the Salary Plan for Full-Time Personnel; and BE IT FURTHER RESOLVED that the following position shall be paid an hourly rate within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Information Systems Specialist $ 42.9671 - $53.6989 per hour BE IT FURTHER RESOLVED that the positions of Chief Information Security Officer and Environmental Services Manager shall be amended and covered under Article I, Section A of the Salary Plan for Management Positions Exempt from Competitive Service; and BE IT FURTHER RESOLVED that the following position shall be paid a monthly salary within the following salary range with the exclusion of any Performance Pay Adjustment granted in accordance with the adopted Personnel Rules: Chief Information Security Officer $12,126 - $15,157 per month Environmental and Sustainability Manager $11,070 - $13,838 per month BE IT FURTHER RESOLVED that this document shall become a part of the official Salary Plan for the City of Dublin; and that the changes contained herein shall be effective October 6, 2020. PASSED, APPROVED AND ADOPTED this 6th day of October, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _______________________________________ City Clerk 4.5.h Packet Pg. 173 At t a c h m e n t : 8 . R e s o l u t i o n A m e n d i n g t h e S a l a r y P l a n f o r F u l l - T i m e P e r s o n n e l a n d M a n a g e m e n t P o s i t i o n s E x e m p t f r o m C o m p e t i t i v e S e r v i c e RESOLUTION NO. XXX - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE BENEFIT PLAN WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City’s Personnel Ordinance, the City Council adopted Resolution No. 61-20 and subsequent Resolutions which establishes Management Positions and defines benefits for those positions; and WHEREAS, it is necessary to periodically update the Benefit Plan to reflect new benefit updates. NOW, THEREFORE, BE IT RESOLVED that the position of Chief Information Security Officer shall be added to the list of Management Positions eligible for a monthly car allowance as provided in Resolution 61-20: Section 18. Car Allowance and Mileage Reimbursement: The following positions shall be eligible to receive the designated monthly allowance. The receipt of the car allowance pursuant to this section shall be full compensation for all operating costs excluding tolls, parking fees and out of area travel. a. Management Positions Receiving Monthly Allowance Eligible Positions Monthly Allowance Chief Information Security Officer $190 BE IT FURTHER RESOLVED that the changes contained herein shall be effective October 6, 2020. PASSED, APPROVED AND ADOPTED this 6th day of October 6, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor 4.5.i Packet Pg. 174 At t a c h m e n t : 9 . R e s o l u t i o n A m e n d i n g t h e B e n e f i t P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) ATTEST: ______________________________________ City Clerk 4.5.i Packet Pg. 175 At t a c h m e n t : 9 . R e s o l u t i o n A m e n d i n g t h e B e n e f i t P l a n ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) RESOLUTION NO. XXX – 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE MANAGEMENT POSITIONS EXEMPT FROM COMPETITIVE SERVICE RESOLUTION AND PRESCRIBING LEAVE BENEFITS FOR THE DESIGNATED POSITIONS WHEREAS, the City Council has adopted a Personnel Ordinance in which Section 2.20.040 E of the Ordinance exempts Department Heads and other Management Positions from Competitive Service; and WHEREAS, in accordance with the City’s Personnel Ordinance, the City Coun cil adopted Resolution No. 110-15 which establishes Management Positions and defines benefits for those positions; and WHEREAS, it is necessary to periodically update the resolution to reflect new classifications. NOW, THEREFORE, BE IT RESOLVED that the following positions shall be added to the list of Management Positions under the City’s Personnel Ordinance and shall be granted benefits in accordance with City Resolution 110-15: Chief Information Security Officer Environmental and Sustainability Manager BE IT FURTHER RESOLVED that the changes contained herein shall be effective October 6, 2020. PASSED, APPROVED AND ADOPTED this 6th day of October, 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: ______________________________________ City Clerk 4.5.j Packet Pg. 176 At t a c h m e n t : 1 0 . R e s o l u t i o n A m e n d i n g t h e M a n a g e m e n t P o s i t i o n s E x e m p t f r o m C o m p e t i t i v e S e r v i c e R e s o l u t i o n a n d P r e s c r i b i n g L e a v e B e n e f i t s Date Adopted: 4-4-1986 Date Revised: 11-4-200810-6-2020 Title: Administrative Services Director/Director of Finance FLSA: At-Will/Exempt/Designated Management General Purpose: To direct, plan, organize, and administer the activities and operations of the Administrative Services Department, which is comprised of the Finance / Accounting Division, the Treasury function, and the Risk Management Division; to coordinate department activities with other City departments and outside agencies; and to provide highly responsible and complex administrative assistance to the City Manager. Distinguishing Characteristics: This is an Executive Management/Department Head class with full responsibility for the management of multiple function service delivery areas within the City. Reports to and receives direction from the City Manager or designee. Employees at this level receive administrative direction from the City Manager or designee in terms of goals. Department Head positions are reviewed in terms of results. Supervision Received/Exercised: Receives general direction from the City Manager’s Office. Exercises administration, management, and supervision of the Department, including through secondary supervisors assigned to the Department. Essential Duties and Responsibilities: Develops, plans, and implements department goals and objectives; develops and administers policies and procedures. Plans and directs the activities of the Administrative Service Department; supervises and coordinates department activities with those of other departments and outside agencies and organizations. Provides administrative assistance to the City Manager; prepares and present reports to the City Council and various committees and commissions regarding the City’s fiscal, treasury, and budget practices, policies, and procedures. Direct and manage the City's Information Technology the City’s Risk Management Division including contracts administration, claims against the City, general liability/property insurance programs, vicious dog hearings, and participation in the City’s risk pool authority.. computer operations, systems administration, telecommunication and peripheral equipment. 4.5.k Packet Pg. 177 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Directs, oversees and participates in the development of the Department's work plan; assigns work activities, projects, and programs; monitors workflow; reviews and evaluates work products, methods, and procedures. Serves as City Treasurer pursuant to local ordinances, budget officer, and financial advisor overseeing financial forecasting, investment management, and related financial activities. This position shall be designatedServes as the Finance Director to perform statutory duties as may be stated in the California Government Code and / or the City of Dublin Municipal Code Chapter 2.10. Under direction of the City Manager, prepares and coordinates the citywide operating and capital improvement budgets. Directs and oversees the analysis and reporting of the City’s current and future financial needs. Develops and administers the Department's budget; forecasts additional funds needed for staffing, equipment, materials and supplies; monitors and approves expenditures; implements mid-year adjustments. Selects, trains, supervises, evaluates, and disciplines personnel; provides or coordinates staff training. Represents the City to outside groups and organizations; participates in outside community and professional groups and committees providing technical assistance as necessary. Responds to and resolves difficult and sensitive citizen inquiries and complaints. Reviews and interprets applicable government regulations and requirements. Researches and prepares administrative reports and studies; prepares written correspondence as necessary. Directs the negotiation and execution of a variety of contracts and agreements; participates in negotiations with developers for the development and construction of City facilities and other private/public projects. Receives and reviews reports from staff members and takes appropriate action. Attends professional workshops, seminars, and conferences. Performs related duties as assigned. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: Knowledge of: Principles and practices associated with municipal administration, including fiscal, information systems and office management. Principles and practices of municipal finance, budget preparation, and administration. 4.5.k Packet Pg. 178 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Principles, practices, and techniques of public administration, with an emphasis in municipal finance. Federal, state, and local laws, regulations, and court decisions applicable to assigned areas of responsibility. Organizational and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. Principles and practices of organization, administration, supervision, and personnel management. Principles and practices of statistical research methods and forecasting fees and charges. Principles of supervision, training, and performance evaluation. Principles of community and public relations. Customer service techniques and public speaking. Ability To: Plan, direct, and control the administration and operations of a department. Develop and implement department policies and procedures. Gain cooperation through discussion and persuasion. Successfully develop, control and administer department budget and expenditures. Analyze problems; identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Identify and respond to public, City Council and commission/committee issues and concerns. Interpret and apply City, Federal, State and local policies, procedures, rules and regulations. Communicate clearly and concisely, orally and in writing. Supervise, train, and evaluate assigned personnel. Establish and maintain effective working relationships with those contacted in the course of work. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit at desk and in meetings for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. Intermittently, twist to reach equipment surrounding desk; walk to observe department activities; bend and squat to perform file searches; perform simple grasping and fine manipulation; use telephone and write or use a keyboard to communicate through written means; operate an automobile to attend various meetings and workshops. While performing duties, the employee is regularly required to use 4.5.k Packet Pg. 179 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) written and oral communication skills; analyze community service, budget and technical reports; interpret and evaluate staff reports; know laws, regulations and codes; observe performance and evaluate staff; problem solve community service issues; remember personnel rules, legal and code requirements; and explain and interpret codes, policies and procedures; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Graduation for an accredited college or university with a bachelor's degree in finance, public or business administration or a related field. A Master's degree is preferred. Experience: Six years of professional and responsible experience in municipal finance management or municipal administration, including at least three years in a supervisory capacity. Licenses; Certificates; Special Requirements: Possession of a valid California Class C drivers' license, and Certificate of Automobile Insurance for Personal Liability. 4.5.k Packet Pg. 180 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Date Adopted: 3-16-1999 Date Revised: 9-15-2020 10-6-2020 Title: Information Systems Manager FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction, supervises, develops, implements, and maintains the City’s management information systems (MIS) (computer networks, telephones, and Internet); and performs installations configurations, troubleshooting, and maintenance of hardware, software, peripheral and related communication equipment. Coordinates the review, selection, and implementation of new systems and components. Manages the Receives and responseds to requests for assistance from users; researches, analyzes, and recommends provides solutions to information systems problems. Evaluates proposals to integrate new systems and performs other related work as required. Distinguishing Characteristics: With administrative guidance andReceives direction from the Assistant City Manager/Administrative Services DirectorChief Information Security Officer, is responsible for the administrationsupervision of the City’s MIS functions. The duties involve computer operations and systems administration on multiple systems and configurations. It is expected that the incumbent will exercise independence of action and be capable of performing complex system and project administration tasks. Supervision Received/Exercised: Receives general direction from the Chief Information Security Officer. Exercises direct supervision over professional and technical staff in assigned area. Essential Duties and Responsibilities: Develops and implements comprehensive information technology services, programs, projects and functions, including voice, data, and GIS services. Plans, organizes, coordinates, and manages assigned work related to the City's computer network and telecommunications services including the selection, procurement, implementation, installation, and maintenance of multi-user computer servers and single-user desktop computers; administers the City's support services for microcomputers. Manages asset inventory and software licensing. Recommends city-wide hardware and software standards; coordinates the review, selection and implementation of new systems and components; oversees system conversions and modifications. 4.5.k Packet Pg. 181 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Administers contracts for the acquisition, installation, application, and maintenance of vendor products and services. Coordinates development and administration of disaster recovery procedures and backup systems, including data backup and restoration of computer services. Resolves complex problems with multi-user computers, printers, servers, software, peripherals, and other related equipment. Identifies opportunities for service delivery improvements; analyzes and evaluates techniques for the implementation of new computer applications, hardware, and peripheral equipment. Serves as a resource for City computer users, providing assistance with computer hardware, software, and related peripheral equipment. Identify operational and equipment problems and confer with other City staff and vendors to correct problems; identify malfunctioning equipment requiring repair (e.g. computer, telephones, voicemail, etc.); coordinate third party repair services. Acts as liaison between City and Contract computer users and information technology staff to define technical and operational requirements. Researches and recommends industry resources regarding new technological developments and trends. Coordinates information technology activities with other divisions, departments, public agencies, public utilities, contract services, and the general public. Prepares and may present various studies, analyses and reports regarding information technology and GIS services. Develops and determines priorities, staff assignments, and work methods. Ensures compliance with federal, state and local laws, regulations, codes, etc. Supervises, trains, and evaluates assigned staff. Network & Information Systems Administration – Perform basic installations of cables, plugs, modems and related communication equipment; establish schedules for back-up; maintain records of data and programs; maintain inventory of data processing equipment, supplies and materials; assist in long-term planning for City networking and information management systems. Assist in Coordinate the development and implementation of the City’s use of the Internet. Software Administrator – Assist in planning and acquisition of software based on City’s needs and technological advancements; maintain software database and library; test the operation of new and modified programs; assist in maintaining back-up of data program disks; monitor the operation of equipment and programs; assist users in resolving program and operational problems. Hardware Administrator – Assist in planning and acquisition of new equipment and equipment modifications or enhancements; maintain equipment; install new equipment and peripherals; configure equipment and install operating and applications software; analyze operating instructions and 4.5.k Packet Pg. 182 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) documentation; operate a variety of microcomputers and auxiliary equipment such as printers, modems, telecommunications equipment; perform, supervise, monitor and/or schedule third party equipment maintenance and repair activities Technical Resource & Trainer – provide technical assistance and training to users (equipment and programs); train and assist staff on various applications which include but are not limited to Microsoft Office Suite, Pagemaker, AutoCad, civil engineering, and graphics programs; act as a resource for City staff on operation of computers and peripheral equipment; make standard adjustments in operating instructions; investigate and trace sources of error; log computer usage and operating difficulties; run standard diagnostic programs to identify equipment and software problems; establish procedures related to office support, record keeping, disc handling and related management information systems. Contract Administrator – Staff Support – Evaluate departmental requests for system enhancements/modifications, and perform or oversee enhancements/modifications as appropriate, Prepare various reports and related documentation. Maintains the absolute confidentiality of all records and information. Attend meetings, conferences and seminars during work and non-work hours. Conduct trainings and make presentations. Prepare and administer annual Information Systems program budget. Prepares and administers assigned budgets. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Minimum Qualifications: Knowledge of: Principles and operations of management information systems and peripheral equipment (computers, networks, phones, Internet, software and hardware applications, cabling, printers, plotters, routers, data lines and modems etc.). Knowledge of the principles and practices of automated information systems management and system support functions including computer systems, networks, client-servers, Internet and telecommunication industry standards (software and hardware applications, cabling, printers, plotters, routers, data lines and modems etc.). Operating systems and standard applications programs (mini and microcomputers, terminals, printers, modems and related hardware).operation of a complex networked computing environment including web servers, databases, internet connectivity and wide area network technologies. Systems analysis design and programming. Developments in information technology, hardware, peripheral equipment, software components, system devices and applications. 4.5.k Packet Pg. 183 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Techniques and practices in utilizing standard applications software including word processing, data base, telecommunications, desktop publishing, and spreadsheet. Principles and techniques of systems analysis and development; information systems trends and developments. Principles and practices of budgeting, purchasing and maintenance of public records. Principles and practices of supervision, training and performance evaluation. Principles and practices of sound business communications. Federal, state and local laws, regulations and court decisions applicable to assigned areas of responsibility; Customer service skills. Ability To: Effectively manage, coordinate and supervise assigned areas with the City's information technology Division. Install, configure, administer, troubleshoot and coordinate maintenance of local areas networks (LAN’s), and related equipment and software (e.g. file services, computers, printers, network interface cards, routers, cabling, modems, etc.). Develop and implement comprehensive information technology services, programs, projects and functions including both data and voice; Plan organize, coordinate, manage and participate in all work related to the City's computer network, GIS, and telecommunications services Coordinate the integration of hardware, operating systems, and applications for minicomputer and microcomputer networked environments. Install, configure and maintain management information technologies for the City (e.g. computers, networks, phones, voice mail, Internet, etc.) Observe and problem solve operation and technical deficiencies; interpret and verbally explain technical concepts to less knowledgeable individuals. Analyze systems data and situations, identify and resolve various information systems and application problems. Maintain a current understanding of technological advancements and trends. Develop GIS demos and prepare professional quality maps. Integrate GIS data for City and County Uses. Train others in GIS techniques. 4.5.k Packet Pg. 184 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Establish and maintain effective working relationships with management, subordinates, co -workers, consultants, contractors, representative of other agencies, the general public, using customer service and public relations techniques. Express ideas effectively in written and oral presentations. Exercise sound judgement within established programs and procedural guidelines. Manage multiple projects simultaneously and be sensitive to deadlines and changing priorities. Negotiate contracts with and coordinate consultants and vendors, as .required. Work independently under minimal supervision, draw valid conclusions and project consequences of decisions and recommendations; set priorities and meet deadlines. Prioritize workload of self. Work flexible hours if necessary. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; intermittently stand, walk, bend, climb, kneel and twist while working on computer equipment, peripherals, and ancillary equipment; perform simple grasping and fine manipulation; use telephone and write and use keyboard to communicate; discern wire colors and see small text and numbers on wiring and circuitry; routinely move equipment weighing up to 30 pounds and occasionally move equipment weighing up to 75 pounds. While performing duties, the employee is regularly required to transport and install computers and related equipment involving physical dexterity, moderate lifting and carrying of up to 50 pounds. Uuse various hand tools and testing equipment in repair, adjustment and problem identification of personal computers and related equipment; read and interpret complex data, information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Education, Experience, and Training: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Equivalent to a Bachelor’s Degree in information technology, computer science, management information systems or a related field. Experience: Three years of experience in administering wide-area networks and communication links to off-site networks. Additional experience with supporting Internet services, GIS database, mapping applications and implementing new systems is desirable. 4.5.k Packet Pg. 185 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Training: Any recent training such as, academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: Possession of a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. Must have the willingness and ability to work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.5.k Packet Pg. 186 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) 1 Date Adopted: 5-3-2011 Date Revised: 8-19-201410-6-2020 Title: Public Works Transportation and Operations Manager FLSA: At-Will/Exempt/Designated Management General Purpose: Under administrative direction, of the Public Works Director, the Public Works Transportation and Operations Manager oversees specialized and highly technical projects related to transportation planning, traffic operations management, specific maintenance services as well as management of the City’s environmental services functionand building management. The Public Works Transportation and Operations Manager is responsible for planning, managing and coordinating the activities of the City’s Traffic Operations Center (TOC), City’s transportation system, with specific emphasis on traffic signal design, maintenance and operation; and traffic signal systems design, implementation and communications. Additionally, the position also is responsible for the day to day management and operation of the City’s environmental services programs. Makes recommendations and provides assistance to the Public Works Director; provides expert professional assistance to City Staff, performs related work as required. Distinguishing Characteristics: The Public Works Transportation and Operations Manager is a management position responsible for directing, supervising and participating in assigned activities of the Public Works Department including formulating policy, developing goals and objectives, and developing and administering budget of assigned program areas. Incumbents provide highly responsible and complex staff assistance to the Public Works Director and have a broad range of independence within policy and procedural limitations and work under minimal supervision. While the general parameters of the job are defined, the employee is expected to select and put into effect work procedures and practices which will lead to the effective and efficient accomplishment of Department/Division goals. The incumbent is accountable for the effective supervision of personnel and the quality and efficiency of services directed. Recommendations on the improvement of assigned program areas are expected. The Public Works Transportation and Operations Manager is a an At -Will position that is exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), exempt from the City’s Personnel System Rules and is a Designated Management position. The Public Works Transportation and Operations Manager is distinguished from the positi on of Public Works Manager and Senior Civil Engineer in that the former has management responsibility for all aspects of assigned program areas within the Department. It is further distinguished from the Public Works Director in that the Director has overall management responsibility for all areas of the Department which include Engineering, Public Works Inspection, General and Traffic Engineering Services, Capital Project Design and 4.5.k Packet Pg. 187 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) 2 Implementation, Street Sweeping, Traffic Signal and Street Lighting Mainte nance, Public Works Maintenance Services and Building Management. Supervision Received and Exercised: Receives administrative general direction from the Director of Public Works/Assistant City Engineer or designee. Exercises direct supervision and supervision through secondary supervisors to assigned, professional, technical and clerical personnel. Essential Duties and Responsibilities: The following duties are normal for this classification. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. Administers, manages, and maintains City’s Traffic Operations Center (TOC). Administers, manages, and maintains signal systems (equipment and communication lines) Traffic studies not related to development (e.g., safety assessments, stop sign studies, crossing guard evaluation). Manages the preparation of Downtown Traffic Impact Fee (TIF) Update. Manages General Plan Circulation Element Update. Reviews and responds to citizen complaints and work with homeowner’s associations and neighborhood groups to resolve traffic and safety concerns. Performs and reviews transportation–related studies to ensure compliance with adopted transportation safety and level of service standard. Represents the City on various boards, committees, and associations in matters relating to transportation, traffic safety, and other assigned areas. Administers and manages annual street maintenance program budgets using appropriate Federal, State, and local guidelines. Administers and manages the Environmental Services Division and program including the City’s Clean Water program in coordination with the State Regional Water Quality Control Board. Plans work activities, establishing daily, weekly, monthly, and annual work programs and schedules. Manages, reviews, and recommends changes and modifies existing maintenance activities and programs to improve effectiveness and productivity. Directs and monitors the City’s street signing, striping maintenance, and replacement program ensuring the City roadways are properly signed and marked (e.g., faded signs and markings or obsolete signs). Prepares signal timing plans for new or modified signals. 4.5.k Packet Pg. 188 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) 3 Assumes management responsibility on major transportation and research studies and projects. Assists in the development and implementation of goals, objectives, policies, procedures, work standards, and the annual budget for the Department in assigned areas of responsibility. Assists in the development of the City’s Capital Improvement Plan. Establish systems to ensure consistency within the Division. Reviews and approves engineering plans, specifications, and contract documents. Selects assigned personnel and provides for their training and professional development; interprets City policies and procedures to employees; is responsible for morale and productivity of assigned staff. Minimum Qualifications: Knowledge of: Theories, principles, and practices of transportation planning and land use, business and public administration. Principles, practices, and techniques of civil engineering as applied to municipal engineering projects. Applicable local, state, and federal laws, rules, and regulations governing transportation policies environmental and clean-water policies and funding sources for a public agency. Organization and processes of local, regional, state, and federal government, including legislative and funding processes and policies. Financial, analytical, statistical, and mathematical methods and procedures. Civil engineering and traffic engineering practices and procedures. Techniques and materials commonly used in the construction and maintenance of public projects. Public administration principles as related to the activities and functions of a municipal government. Current dDevelopments and sources of information regarding public works engineering projects. Principles and practices of budget preparation, budget administration, goals and objectives development and work planning. Methods and practices of community organization and citizen participation. Supervisory principles and practices including training and evaluation. Customer service techniques. 4.5.k Packet Pg. 189 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) 4 Ability To: Learn, interpret, and apply City, department, and division rules, regulations, policies and practices. Analyze complex operational and administrative problems, evaluate alternatives and recommend or adopt effective courses of action. Perform engineering work expected of a registered Civil Engineer and/or registered Traffic Engineer. Develop and implement goals, objectives, policies, procedures, work standards, and management controls, including the application of project management techniques. Review and analyze engineering and capital improvement projects and programs. Prepare and review department budgets, contracts, reports, and related engineering documents. Negotiate project conditions of approval. Work well under the urgency of deadlines. Present clear and concise verbal and written reports. Deal effectively with representatives from public and private agencies and with the general public in coordinating activities and resolving problems. Plan, organize, assign, review, and evaluate the work of assigned staff. Exercise sound, fair, and consistent independent judgment; provide technical assistance and staff leadership to various boards and commissions. Exemplify and foster an enthusiastic, resourceful, and effective service attitude with the public and all who are contacted in the course of the work. Participate, foster and encourage all members of the work unit to work as members of a team. Physical Standards: The physical standards described are representative of those that must be met by employees to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. An employee is regularly required to sit for long periods of time; talk or hear, in person, in meetings and by telephone; use hands and fingers to handle, feel or operate standard office equipment; and reach with hands and arms. The employee is frequently required to, bend and twist to reach files, walk and stand and safely lift and/or maneuver office supplies and construction plans weighing up to 20 pounds. While performing duties, the employee is regularly required to use written and oral communication skills; read and interpret complex data, 4.5.k Packet Pg. 190 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) 5 information and documents; analyze and solve problems; interact with City management, other governmental officials, contractors, vendors, employees and the public. Training and Experience: Any combination equivalent to education and experience is likely to provide the required knowledge and abilities. A typical way to obtain the knowledge and abilities would be: Education: Bachelor’s degree from an accredited college or university in Civil Engineering or related field. Master’s degree in an applicable field is desirable. Experience: Five years experience performing progressively responsible professional civil engineering work with registration and one- year experience in supervising engineering staff engaged in a variety of public works projects. Training: Any recent training classes, such as academic courses and certification programs, which are relevant to this job classification. Licenses; Certificates; Special Requirements: Requires a Professional Engineer License in the State of California. Possession of a Traffic Engineering license is highly desirable. Possession Requiresof a valid California Class C Drivers’ License and Certificate of Automobile Insurance for Personal Liability. California Resource Recovery Association (CRRA) certification other applicable Environmental Services certificates or related coursework desirable. Special Requirements: Must have the willingness and ability to: work the hours necessary to accomplish the assigned duties, including evening and week-end hours; attend evening meetings; travel out of town and attend workshops, conferences, seminars during work and non-work hours. 4.5.k Packet Pg. 191 At t a c h m e n t : 1 1 . R e d - L i n e d J o b D e s c r i p t i o n s o f E x h i b i t s D - F t o A t t a c h m e n t 1 ( R e v i s i o n s t o t h e P e r s o n n e l S y s t e m ) Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Annual Street Resurfacing (2020 Slurry Seal) – Project Funding Agreement with the Alameda County Transportation Commission Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider approving a project funding agreement with the Alameda County Transportation Commission for the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117. STAFF RECOMMENDATION: Adopt the Resolution Approving a Project Funding Agreement with the Alameda County Transportation Commission for the Annual Street Resurfacing Project, CIP No. ST0117. FINANCIAL IMPACT: The Alameda County Transportation Commission (ACTC) approved $75,000 in Measure B COVID-19 Rapid Response Bicycle and Pedestrian Grant Program funding for the Annual Street Resurfacing Project. The grant requires a $75,000 local match , which is provided by the existing Capital Improvement Program project budget. There is no impact to the General Fund. DESCRIPTION: The Five-Year Capital Improvement Program (CIP) includes the Annual Street Resurfacing Project, CIP No. ST0117 (Attachment 3), which provides for a variety of pavement treatments that sustain and rehabilitate the public street system . The 2020 project includes a slurry seal of Amador Valley Boulevard, Regional Street, and Wildwood Road, as well as citywide localized pavement repairs. On July 23, 2020, the Alameda County Transportation Commission (ACTC) announced the availability of up to $1.125 million for the COVID-19 Rapid Response for Bicycle and Pedestrian Grant Program to support Alameda County’s economic recovery and regrowth from the impacts of COVID-19. The program offers a single maximum grant 4.6 Packet Pg. 192 Page 2 of 2 award of up to $75,000 for quick-build transportation improvement projects that support improved bicycle and pedestrian access to local businesses. Eligible project costs are required to be incurred by March 31, 2021, and the grant funding agreement will expire on June 30, 2021. The City’s COVID-19-grant-funded project improvements will be constructed in conjunction with the Annual Street Resurfacing Project, 2020 Slurry Seal. The grant funds will be used in the Downtown, on Regional Street, to remove the existing pavement striping including the existing two-way left turn lane, repair and slurry seal the roadway, and install new striping, including buffered bike lanes. The removal of the two- way left turn lane and installation of buffered bike lanes are consistent with the Bicycle and Pedestrian Master Plan. Staff anticipates the project to be completed by the end of November 2020. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report has been provided to the Alameda County Transportation Commission Citizen Watchdog Committee. ATTACHMENTS: 1. Resolution Approving a Project Funding Agreement with the Alameda County Transportation Commission for the Annual Street Resurfacing Project, CIP NO. ST0117 2. Exhibit A to Resolution - Funding Agreement 3. CIP ST0117 - Annual Street Resurfacing Project 4.6 Packet Pg. 193 Reso. No. XX-20, Item X.X, Adopted 10/06/20 Page 1 of 2 RESOLUTION NO. XX – 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PROJECT FUNDING AGREEMENT WITH THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR THE ANNUAL STREET RESURFACING PROJECT, CIP NO. ST0117 WHEREAS, the 2020-2025 Capital Improvement Program includes Annual Street Resurfacing Project, CIP No. ST0117 (Project), which provides for a variety of pavement treatments that sustain and rehabilitate the public street system; and WHEREAS, in 2020, the Project includes the repair and slurry seal of Regional Street, including the removal of a two-way left turn lane and the installation of buffered bike lanes; and WHEREAS, the removal of the two-way left turn lane and the installation of bike lanes on Regional Street is consistent with the Bicycle and Pedestrian Master Plan; and WHEREAS, on July 23, 2020, the Alameda County Transportation Commission announced the availability of up to $1.125 million for the COVID-19 Rapid Response Bicycle and Pedestrian Grant Program to support Alameda County’s economic recovery and regrowth from the impacts of COVID-19; and WHEREAS, the City of Dublin applied for the COVID-19 Rapid Response Bicycle and Pedestrian Grant Program and was awarded a grant in the amount of $75,000 for the Project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby approves the Project Funding Agreement with the Alameda County Transportation Commission attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Project Funding Agreement, attached hereto as Exhibit A, and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of October 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 4.6.a Packet Pg. 194 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a P r o j e c t F u n d i n g A g r e e m e n t w i t h t h e A l a m e d a C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n f o r t h e A n n u a l S t r e e t Reso. No. XX-20, Item X.X, Adopted 10/06/20 Page 2 of 2 ______________________________ Mayor ATTEST: _________________________________ City Clerk 4.6.a Packet Pg. 195 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g a P r o j e c t F u n d i n g A g r e e m e n t w i t h t h e A l a m e d a C o u n t y T r a n s p o r t a t i o n C o m m i s s i o n f o r t h e A n n u a l S t r e e t Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 1 of 16 PROJECT FUNDING AGREEMENT between ALAMEDA COUNTY TRANSPORTATION COMMISSION and the CITY OF DUBLIN for the REGIONAL STREET IMPROVEMENT PROJECT This Project Funding Agreement (“AGREEMENT”), dated for reference purposes only as of July 23, 2020, is by and between ALAMEDA COUNTY TRANSPORTATION COMMISSION, a joint powers agency (“ALAMEDA CTC”), and the CITY OF DUBLIN, a public agency (“PROJECT SPONSOR”). This AGREEMENT obligates funds from one or more ALAMEDA CTC administered funding programs as indicated below, and as further specified in Appendix A: Project Control Information and Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT, for the PROJECT, as such term is defined in Recital K below. 2000 Measure B 2014 Measure BB Vehicle Registration Fee Transportation Fund for Clean Air CMA TIP RECITALS A. The voters of Alameda County, pursuant to the provisions of the Bay Area County Traffic and Transportation Funding Act, Public Utilities Code Section 131000, et seq., approved Measure B at the General Election held in November 1986, authorizing the collection of a one-half cent transaction and use tax over a fifteen (15)-year period to address major transportation needs and congestion in Alameda County and giving Alameda County Transportation Authority (“ACTA”) the responsibility for the administration of the proceeds of the tax. The proceeds from the 1986 Measure B tax have been and continue to be used to pay for investments as outlined in the 1986 Alameda County Transportation Expenditure Plan (“1986 TEP”), as it may be amended. Although collection of the 1986 Measure B tax ceased in 2002, capital projects funded wholly or in part by 1986 Measure B funds are still being delivered using these funds. B. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, Public Utilities Code Section 180000, et seq., approved the reauthorization of Measure B at the General Election held on November 7, 2000, authorizing the collection of a one-half cent transaction and use tax to be collected for twenty (20) years beginning April 1, 2002 and giving Alameda County Transportation Improvement Authority (“ACTIA”) responsibility for the administration of the proceeds of the tax.. The proceeds from the 2000 Measure B tax have been and continue to be used to pay for investments as outlined in the 2000 Alameda County Transportation Expenditure Plan (“2000 TEP”), as it may be amended. C. The voters of Alameda County, pursuant to Section 65089.20 of the Government Code, approved Measure F, the Vehicle Registration Fee (“VRF”), authorizing Alameda County Congestion Management Agency (“ACCMA”) to administer the proceeds from a $10 per year vehicle registration fee on 4.6.b Packet Pg. 196 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 2 of 16 each annual motor-vehicle registration in Alameda County, starting with registrations effective July 2011 with collection beginning in May 2011, six months following approval of Measure F. Vehicles subject to the VRF include all motorized vehicles, including passenger cars, light-duty trucks, medium-duty trucks, heavy-duty trucks, buses of all sizes, motorcycles, and motorized camper homes, unless vehicles are expressly exempted from the payment of the VRF. D. By resolutions adopted by the ACTA and ACTIA Boards on June 24, 2010, all of ACTA’s functions and responsibilities were assigned to, and accepted by, ACTIA. On that same date, the ACTIA and ACCMA Boards took the final actions to create ALAMEDA CTC, a joint powers authority with all responsibilities of ACTIA and ACCMA. Pursuant to resolutions adopted by the ACTIA and ACCMA Boards and the Commission of ALAMEDA CTC, ACCMA and ACTIA were terminated as of the close of business on February 29, 2012, with ALAMEDA CTC designated as the successor entity. All of its predecessors’ functions and responsibilities have been assigned to, and accepted by, ALAMEDA CTC. E. The voters of Alameda County, pursuant to the provisions of the Local Transportation Authority and Improvement Act, California Public Utilities Code Section 180000 et seq., approved Measure BB at the General Election held on November 4, 2014, authorizing the extension of an existing one-half of one percent transaction and use tax scheduled to terminate on March 31, 2022, and the augmentation of the tax by one-half of one percent, and giving ALAMEDA CTC responsibility for the administration of the proceeds of the 2014 Measure BB tax. The duration of the 2014 Measure BB tax will be 30 years from the initial year of collection, which began April 1, 2015, with said tax to terminate/expire on March 31, 2045. The proceeds from the 2014 Measure BB will be used to pay for investments as outlined in the 2014 Alameda County Transportation Expenditure Plan (“2014 TEP”), as it may be amended. F. As the Transportation Fund for Clean Air (“TFCA”) Program Manager in Alameda County, ALAMEDA CTC annually programs 40 percent of the TFCA funds collected in Alameda County. ALAMEDA CTC receives these funds from the Bay Area Air Quality Management District (“BAAQMD”), and then distributes these funds on a reimbursement basis to eligible project sponsors. G. ALAMEDA CTC is continuing the implementation of the CMA Exchange Program, originally established by the ACCMA, for the purpose of providing local or otherwise unrestricted funds to ALAMEDA CTC for use in projects and programs adopted into the CMA Transportation Improvement Program (“CMA TIP”) by ALAMEDA CTC. H. The funding programs administered by ALAMEDA CTC and available for projects and programs that benefit the Alameda County transportation system, consisting of 1986 Measure B, 2000 Measure B, 2014 Measure BB, VRF, TFCA, and CMA TIP, are collectively defined as and shall be referenced herein as the “ALAMEDA CTC ADMINISTERED FUNDS”. Requirements related to 2000 Measure B, VRF and 2014 Measure BB Direct Local Distribution (“DLD”) funding distributed pursuant to 2000 Measure B, VRF and 2014 Measure BB Transportation Expenditure Plans are covered by separate agreements between ALAMEDA CTC and DLD recipients. I. Measure B, Measure BB, VRF, and TFCA funds obligated by this AGREEMENT shall be programmed, allocated, and expended for the purpose defined and in accordance with the provisions set forth in the applicable transportation expenditure plans, or the BAAQMD-approved TFCA County Program Manager Policies. 4.6.b Packet Pg. 197 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 3 of 16 J. ALAMEDA CTC programs and allocates ALAMEDA CTC ADMINISTERED FUNDS through the ALAMEDA CTC Comprehensive Investment Plan (“CIP”) that is updated periodically to summarize the programming and allocations of ALAMEDA CTC ADMINISTERED FUNDS, and the policies, procedures and requirements related to the expenditure of ALAMEDA CTC ADMINISTERED FUNDS. K. The PROJECT SPONSOR is implementing a project or program (“PROJECT”) that is eligible for ALAMEDA CTC ADMINISTERED FUNDS. The PROJECT and the strategy to implement the PROJECT are described in greater detail in Appendix A: Project Control Information. L. This AGREEMENT obligates funds from one or more of ALAMEDA CTC administered funding programs as specified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement, for the PROJECT and the phase(s) described in Appendix A: Project Control Information. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are available to reimburse eligible costs incurred by PROJECT SPONSOR for the PROJECT and the phase(s) described in Appendix A: Project Control Information. M. The issuance of bonds or another financing mechanism are possible funding options as part of ALAMEDA CTC administered funding programs to meet cash flow requirements of each individual program based on current schedule and project delivery information. NOW, THEREFORE, it is agreed by and between the parties as follows: SECTION I PROJECT SPONSOR AGREES: 1. PROJECT SPONSOR shall implement the PROJECT in accordance with all requirements in this AGREEMENT and the following appendices attached hereto and incorporated herein by reference. a. Appendix A: Project Control Information b. Appendix B: Alameda CTC Administered Funds Obligated by this Agreement c. Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements d. Appendix D: Local Business Contract Equity Program e. Appendix E: Deliverables and Due Dates f. Appendix F: Project Performance Measures g. Appendix G: Transportation Fund for Clean Air Policies and Requirements 2. PROJECT SPONSOR shall perform the necessary work associated with the PROJECT required to implement PROJECT as described in Appendix A: Project Control Information. 3. PROJECT SPONSOR shall inform ALAMEDA CTC in writing of any changes to the information contained in Appendix A: Project Control Information as soon as PROJECT SPONSOR becomes aware of such changes. Per Section III.2, any change that requires an amendment to this AGREEMENT must be approved by ALAMEDA CTC prior to PROJECT SPONSOR implementing the change. 4.6.b Packet Pg. 198 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 4 of 16 4. PROJECT SPONSOR shall commit to the timing of ALAMEDA CTC ADMINISTERED FUNDS as described in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement. 5. PROJECT SPONSOR shall expend ALAMEDA CTC ADMINISTERED FUNDS received under this AGREEMENT in accordance with all applicable provisions of law and shall return to ALAMEDA CTC all funds that are not expended in accordance with all applicable provisions of law. 6. PROJECT SPONSOR shall be responsible for costs in excess of the total funding obligations shown in Appendix A: Project Control Information. Costs in excess of the total funding obligations will not be reimbursed with ALAMEDA CTC ADMINISTERED FUNDS unless this AGREEMENT is amended in writing or the parties execute a separate agreement for a subsequent phase of the PROJECT. 7. PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, funds realized from the sale of any vehicle(s) purchased with ALAMEDA CTC ADMINISTERED FUNDS, if the sale of the vehicle(s) is completed prior to the last day of the last year listed as the PROJECT’S “Years of Effectiveness” as identified in either Appendix A: Project Control Information or Appendix G: Transportation Fund for Clean Air Policies and Requirements, as applicable. The amount of sale proceeds required to be returned to ALAMEDA CTC shall be proportional to the percentage of ALAMEDA CTC ADMINISTERED FUNDS originally used to purchase the vehicle(s). 8. PROJECT SPONSOR staff costs for any local agency which receives DLD funding shall not be eligible for reimbursement of staff costs from ALAMEDA CTC ADMINISTERED FUNDS allocated to the PROJECT unless staff costs are specifically identified as eligible in Appendix A: Project Control Information. PROJECT SPONSOR staff costs can be included in the total cost and other funding amounts for the purpose of meeting the cost and risk sharing provisions of this AGREEMENT. 9. Fringe benefits rates applied to PROJECT SPONSOR staff costs shall not exceed a maximum rate of 70% of the hourly wage. PROJECT SPONSOR staff costs may include the individual’s actual hourly wage plus a fringe benefit of no more than 70% of the hourly wage as approved by a cognizant agency or an independent auditor, and staff costs also may include direct costs including contracts for services, such as legal counsel, that are considered an extension of the PROJECT SPONSOR’S staff. 10. PROJECT SPONSOR overhead, or "indirect," costs are not eligible for reimbursement from ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and shall not be included in the total eligible PROJECT cost calculations used to determine the ALAMEDA CTC ADMINISTERED FUNDS share of such total eligible PROJECT costs. 11. The cost of maintenance, security, or protection performed by PROJECT SPONSOR or third- party contractors during any temporary suspension of activities associated with the PROJECT will not be considered an eligible cost for reimbursement by ALAMEDA CTC. 12. PROJECT SPONSOR shall advertise, award and administer all professional services contracts for PROJECT work not performed by PROJECT SPONSOR. 13. PROJECT SPONSOR shall invite ALAMEDA CTC staff to participate as a voting member of PROJECT SPONSOR’s selection panel for the selection of all professional consultants and furnish drafts of all 4.6.b Packet Pg. 199 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 5 of 16 professional services contracts utilizing Measure B, Measure BB, and Vehicle Registration Fee funds to ALAMEDA CTC for ALAMEDA CTC’s review and approval prior to execution. 14. All locally funded contracts approved by PROJECT SPONSOR, funded wholly or in part with Measure B, Measure BB, and/or Vehicle Registration Fee funds administered by ALAMEDA CTC, except for contracts that also include state and/or federal funds or contracts funding non-capital projects (e.g., transit operations), are required to comply with ALAMEDA CTC’s Local Business Contract Equity (LBCE) Program as referenced in Appendix D: Local Business Contract Equity Program. This includes the obligation to report LBE/SLBE/VLSBE participation with all invoices submitted for reimbursement for all contracts partially or wholly funded by ALAMEDA CTC, whether or not the contract requires LBE participation. 15. PROJECT SPONSOR shall require insurance coverage that names ALAMEDA CTC, its governing body, officers, employees and consultants as additional insureds of the PROJECT SPONSOR, professional services consultants and subconsultants, construction services contractors and subcontractors, volunteer service individuals, and any other contractors or subcontractors involved with the PROJECT on all insurance required by PROJECT SPONSOR for PROJECT. PROJECT SPONSOR shall keep and maintain insurance certificates and policy endorsements evidencing the policies on file, and furnish the same to ALAMEDA CTC upon request. ALAMEDA CTC will not be responsible for any premiums or assessments on any policy. If this AGREEMENT includes any TFCA funds, PROJECT SPONSOR shall also comply with the insurance requirements specified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 16. PROJECT SPONSOR shall provide ALAMEDA CTC with periodic (i.e., monthly, quarterly or semi-annually) progress reports describing the current status of the PROJECT. The required progress reporting frequency schedule and forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. Progress reports are due by the last day of each calendar month following the established reporting period in which the work was performed. These reports shall include PROJECT status information such as the scope of work completed to date, total costs incurred, future actions, project performance, issues identification, changes to scope or schedule, and any additional relevant information requested by ALAMEDA CTC. 17. PROJECT SPONSOR shall submit to ALAMEDA CTC a Request for Reimbursement in accordance with the minimum required invoicing frequency established for the PROJECT, but not more than one such request per month, for reimbursement of eligible PROJECT costs and expenses incurred by PROJECT SPONSOR. The required minimum invoicing frequency and invoice forms are provided in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements. If PROJECT SPONSOR does not incur any reimbursable expenses during the minimum invoicing period, in lieu of submitting an invoice, PROJECT SPONSOR shall submit a letter or a statement as part of the required progress report for the same period confirming that no reimbursable costs were incurred during the given period. If PROJECT SPONSOR requests reimbursement for costs incurred as a result of a contract or agreement with a third party that contains a contract value of $50,000 or greater, e.g. a consultant, contractor or other entity, PROJECT SPONSOR shall submit an electronic copy of the fully executed contract or agreement to ALAMEDA CTC prior to ALAMEDA CTC authorizing reimbursement of such costs. Each Request for Reimbursement shall also include detailed supporting documentation for the total PROJECT costs with the reimbursable portion of the total costs clearly identified. Supporting documentation for the Request for Reimbursement packages 4.6.b Packet Pg. 200 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 6 of 16 includes copies of invoices from vendors, consultants, or contractors and summaries of eligible PROJECT SPONSOR staff time charges. PROJECT SPONSOR may suggest an alternative method, subject to approval in advance by ALAMEDA CTC, to document staff costs charged to the PROJECT. 18. PROJECT SPONSOR shall provide a Parcel and Utility Agreement Tracking Log in a format approved by ALAMEDA CTC upon ALAMEDA CTC’s request, if the PROJECT includes the acquisition of right-of-way and/or the relocation or protection of utility facilities. PROJECT SPONSOR shall also provide a monthly update of the right-of-way acquisition plan to ALAMEDA CTC. 19. PROJECT SPONSOR shall keep all necessary PROJECT records to demonstrate compliance with this AGREEMENT, including documentation of activities, performance, progress reports, final report, expenses and charges to support invoices submitted to ALAMEDA CTC and other PROJECT reporting requirements as described in Appendix C: Alameda CTC Request for Reimbursement and Reporting Requirements in one central location for a period of not less than five (5) years after the later of (i) ALAMEDA CTC’s payment of the final invoice, (ii) the PROJECT SPONSOR’S submittal of the Final Report for ALAMEDA CTC ADMINISTERED FUNDS under this AGREEMENT, and (iii) the end of the PROJECT’S established “Years of Effectiveness” period (as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements) if any TFCA funds are provided under this AGREEMENT. a. PROJECT SPONSOR and PROJECT SPONSOR’s contractors and subcontractors shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. b. PROJECT SPONSOR shall allow ALAMEDA CTC or its authorized representatives to inspect, audit, or make copies of any PROJECT records for a period of five (5) years after ALAMEDA CTC’s payment of the final invoice and the PROJECT SPONSOR’S submittal of the Final Report. The same access also shall be granted to BAAQMD or its authorized representatives for TFCA funds obligated by this AGREEMENT. 20. PROJECT SPONSOR shall comply with all of the following publicity requirements to inform the public on the use of ALAMEDA CTC ADMINISTERED FUNDS on the PROJECT. a. PROJECT SPONSOR shall credit ALAMEDA CTC as a funding source and display the approved ALAMEDA CTC logo, where practical, on construction informational signs, vehicles or equipment operated or obtained as part of the PROJECT, and on any publically distributed information (e.g., fact sheets, flyers, brochures, maps, schedules, websites, press releases), created for or associated with the PROJECT. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source and display the BAAQMD-approved TFCA logo. b. PROJECT SPONSOR shall provide updated and accurate PROJECT information on the PROJECT SPONSOR’s website, or create such a website if none exists, and provide a link to ALAMEDA CTC website. c. PROJECT SPONSOR shall publish an article in a printed or electronically distributed publication such as a newsletter, local newspaper, e-publications, or website highlighting the 4.6.b Packet Pg. 201 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 7 of 16 PROJECT and the use of ALAMEDA CTC ADMINISTERED FUNDS at least once per fiscal year. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also credit the BAAQMD as a funding source. d. PROJECT SPONSOR shall document compliance with the publicity requirements and furnish such documentation upon request, and regularly through the progress and final reporting required by this AGREEMENT, through evidence such as photos of construction and vehicle signage, copies of print, electronic and other media published to satisfy this requirement. For TFCA funding obligated through this AGREEMENT, SPONSOR shall also document that the BAAQMD was credited as a funding source and the BAAQMD-approved TFCA logos were displayed. e. PROJECT SPONSOR shall notify ALAMEDA CTC and request an exemption as soon as it is reasonably known that the PROJECT SPONSOR is unable to fulfill the requirements under this Section I.20 due to extraordinary circumstances. 21. PROJECT SPONSOR shall, to the extent not otherwise prohibited by law, and to the extent required by the California Public Records Act (California Government Code section 6250 et seq.), place in the public domain any software, written document, or other product developed with ALAMEDA CTC ADMINISTERED FUNDS received through this AGREEMENT. 22. PROJECT SPONSOR shall participate, upon the request of ALAMEDA CTC, in a Public Awareness Program in partnership with ALAMEDA CTC and/or its community advisory committees as a means of informing the public of the benefits derived from the use of ALAMEDA CTC ADMINISTERED FUNDS. 23. PROJECT SPONSOR shall obtain all state, local and federal permits and approvals for work, including environmental approvals in accordance with the National Environment Policy Act (NEPA) and the California Environmental Quality Act (CEQA), as applicable. PROJECT SPONSOR will comply with all applicable state and federal laws and regulations. 24. PROJECT SPONSOR shall render a report or answer any and all inquiries, upon ALAMEDA CTC’s request, in regards to its receipt of ALAMEDA CTC ADMINISTERED FUNDS, compliance audit findings, and usage of ALAMEDA CTC ADMINISTERED FUNDS before the ALAMEDA CTC Commission, Independent Watchdog Committee, and/or community advisory committees, as applicable. 25. For TFCA funds obligated by this AGREEMENT, a PROJECT SPONSOR who has failed a BAAQMD financial or performance audit for the PROJECT will be excluded from receiving an award of any TFCA funds for five (5) years from the date of BAAQMD’s final audit determination. Existing TFCA funds already awarded to the SPONSOR will not be released until all audit recommendations and remedies have been satisfactorily implemented. A failed BAAQMD financial audit means a final audit report that includes an uncorrected audit finding that confirms an ineligible expenditure of TFCA funds. A failed BAAQMD performance audit means that the PROJECT was not implemented in accordance with the AGREEMENT. SPONSOR shall be afforded a reasonable amount of time to address/cure adverse audit findings. 26. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall return to ALAMEDA CTC, on a pro-rated basis, TFCA funds received under this Agreement if PROJECT is not 4.6.b Packet Pg. 202 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 8 of 16 maintained and/or operated throughout, and at least until the conclusion of, its “Years of Effectiveness” as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 27. For TFCA funds obligated by this AGREEMENT, PROJECT SPONSOR shall submit a TFCA Final Report to the ALAMEDA CTC. The required content for the TFCA Final Report is identified in the TFCA Final Report Form referenced in Appendix G. SECTION II ALAMEDA CTC AGREES: 1. ALAMEDA CTC shall make a good faith effort to provide all ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. 2. ALAMEDA CTC shall assist PROJECT SPONSOR when able, upon request and as necessary, in resolving issues related to the PROJECT. 3. ALAMEDA CTC shall provide a copy of its approved logo for PROJECT SPONSOR to use as required by this AGREEMENT. 4. ALAMEDA CTC shall provide notice to the PROJECT SPONSOR of any and all expenditures made by PROJECT SPONSOR, which are not in compliance with the AGREEMENT or the applicable ALAMEDA CTC ADMINISTERED FUNDS promptly after ALAMEDA CTC becomes aware of any such expenditures. 5. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. That ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT may be shifted between the phases of the PROJECT or between activities in the same phase of the PROJECT, so long as each of the following occurs: 1) PROJECT SPONSOR submits a written amendment request that provides revised and updated Appendix A: Project Control Information forms documenting the requested funding obligation shift and demonstrating to ALAMEDA CTC’s satisfaction that the phase or activity from which the funds were shifted remains fully funded, and 2) the parties execute an amendment to this AGREEMENT incorporating the revised and updated Appendix A forms as described above, which amendment shall be approved by ALAMEDA CTC pursuant to applicable ALAMEDA CTC policies. 2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT. Any change in the PROJECT scope 4.6.b Packet Pg. 203 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 9 of 16 of work must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project Control Information which reflects the requested changes by the PROJECT SPONSOR. 3. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs related to staff dedicated directly to management, oversight, or development work on the project and may include direct costs including contracts for services, such as legal counsel, that are considered an extension of PROJECT SPONSOR Staff; (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and refer to the cost to acquire real property, access rights and other property interests; and (iv) “Agreement Expiration Date” shall mean and refer to the expiration date of this AGREEMENT. 4. Funds expended for work directly related to the phases of the PROJECT covered by this AGREEMENT prior to the applicable allowable start date identified in Appendix B: Alameda CTC Administered Funds Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all cases, reimbursable costs will be limited to those costs shown in Appendix A: Project Control Information. 5. ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are subject to fund availability and any new requirements and policies imposed by ALAMEDA CTC. The AGREEMENT shall be amended, as necessary, to reflect the applicable requirements. 6. If additional local, state or federal funding is obtained to partially offset ALAMEDA CTC ADMINISTERED FUNDS planned for the PROJECT, ALAMEDA CTC ADMINISTERED FUNDS will not be transferred from the PROJECT until after it is ensured that all phases of the PROJECT can be fully delivered. ALAMEDA CTC ADMINISTERED FUNDS offset by additional local, state or federal funding shall be available for PROJECT only after all other funding planned for PROJECT, as described in Appendix A: Project Control Information, has been committed and/or encumbered to the PROJECT. 7. Should any portion of PROJECT be financed with federal or state funds, all applicable laws, rules and policies relating to the use of such funds shall apply, notwithstanding other provisions of this AGREEMENT. 8. For TFCA funds obligated by this AGREEMENT, this AGREEMENT is subject to the current BAAQMD-approved TFCA County Program Manager Fund Policies included in Appendix G: Transportation Fund for Clean Air Policies and Requirements and any new requirements imposed by the BAAQMD upon ALAMEDA CTC with respect to the TFCA funds distributed hereunder. ALAMEDA CTC will only distribute TFCA funds under this AGREEMENT to the extent the documented project costs are eligible under the applicable BAAQMD TFCA Policies. 9. The laws of the State of California shall govern this AGREEMENT. 10. All correspondence and communications will contain ALAMEDA CTC project number and name for PROJECT in a clearly identifiable location. For projects with TFCA funds obligated by this 4.6.b Packet Pg. 204 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 10 of 16 AGREEMENT, all correspondence and communications will also contain the TFCA project number as identified in Appendix G: Transportation Fund for Clean Air Policies and Requirements. 11. ALAMEDA CTC reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and PROJECT SPONSOR agrees, and shall require its contractors and subcontractors to agree, to cooperate with ALAMEDA CTC by making all appropriate and relevant PROJECT records promptly available for audit and copying. 12. PROJECT costs incurred by PROJECT SPONSOR are only eligible for reimbursement on a pro- rated basis unless specifically provided for in Appendix A: Project Control Information, and PROJECT SPONSOR is expected to concurrently seek reimbursement from the other sources shown in Project A: Project Control Information. Pro-rated basis, as used herein, equals the amount of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT to a phase, divided by the total funding for the phase, as shown in Appendix A: Project Control Information. For any Request for Reimbursement which includes such expenditures, PROJECT SPONSOR shall (i) report the total expenditures during the reimbursement period, (ii) indicate the percentage of the total expenditures for the phase expected to be funded by ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT, and (iii) request reimbursement for the dollar amount which equals the product of such total expenditures and such percentage. 13. ALAMEDA CTC approval of PROJECT SPONSOR submitted Requests for Reimbursement will be contingent on the submittal of progress reports and deliverables by PROJECT SPONSOR as required by this AGREEMENT. In the event that progress reports and deliverables are not complete and current, approval of Requests for Reimbursement shall be withheld until an acceptable remedy has been implemented and approved by ALAMEDA CTC. If PROJECT SPONSOR fails to submit the required deliverables or otherwise fails to meet the reporting and invoicing requirements of this AGREEMENT, ALAMEDA CTC may deobligate funds from the PROJECT and this AGREEMENT. Not less than thirty (30) days prior to the effective date of any such action, ALAMEDA CTC will endeavor to notify PROJECT SPONSOR in writing that the required deliverables, invoicing and reporting is overdue. 14. Request for Reimbursements submitted after the Agreement Expiration Date identified in Appendix B: Alameda CTC Administered Funds Obligated by this AGREEMENT will not be considered for reimbursement by ALAMEDA CTC unless an exception is requested by the PROJECT SPONSOR no less than sixty (60) days before the Agreement Expiration Date, and the exception is approved by ALAMEDA CTC. ALAMEDA CTC will deobligate any remaining ALAMEDA CTC ADMINISTERED FUNDS from PROJECT and this AGREEMENT. 15. Each Right-of-Way transaction which is funded either wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be subject to repayment or reimbursement to ALAMEDA CTC under ALAMEDA CTC Policies in effect as of the effective date of this AGREEMENT, irrespective of the party holding title to the real estate which is the subject of the Right-of-Way transaction in question. The parties agree that Section III.16(a) through Section III.16(f), the provisions of which are intended to provide further detail regarding the application of such Policies, shall govern the extent to which such repayment is required and the conditions applicable to any such repayment. If such Policies are amended after the effective date of this AGREEMENT by ALAMEDA CTC, the PROJECT SPONSOR and ALAMEDA CTC shall execute an amendment to this AGREEMENT which references the revised Policies. 4.6.b Packet Pg. 205 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 11 of 16 16. For the purposes of the following provisions, “ALAMEDA CTC Share” shall mean the percentage share of the original property purchase price funded by ALAMEDA CTC ADMINISTERED FUNDS (i.e., if the purchase was fully funded by ALAMEDA CTC ADMINISTERED FUNDS, ALAMEDA CTC Share shall equal 100%); any appraisal required under Section III.16(a) and Section III.16(f) only, shall be conducted at no cost to ALAMEDA CTC; “Fair Market Value” of a given property shall mean the net proceeds from the sale of such property if such sale occurs in an open market transaction or by auction, or the value of the property determined by an independent third-party appraisal of the property if some or all of the property is retained by PROJECT SPONSOR or otherwise transferred to any other party without an auction or open market transaction; and “CPI” means the Consumer Price Index, All Items for All Urban Consumers, San Francisco- Oakland, San Jose, CA. a. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition, and the PROJECT is cancelled or otherwise does not begin construction within three (3) years after the effective date of AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after such cancellation decision or the expiration of such three (3) year period, reimburse ALAMEDA CTC for the greater of the following: ALAMEDA CTC Share of the property’s Fair Market Value or the full amount of ALAMEDA CTC ADMINISTERED FUNDS used to acquire the property, as escalated by the increase in the CPI during the most recent period for which CPI data is available which is equal in length to the period between the date ALAMEDA CTC ADMINISTERED FUNDS were paid to PROJECT SPONSOR and the date reimbursement is made to ALAMEDA CTC. b. If any property is acquired for the PROJECT using ALAMEDA CTC ADMINISTERED FUNDS to finance some or all of the acquisition and only a portion of the acquired property is required for the PROJECT, and if the PROJECT begins construction within three (3) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then PROJECT SPONSOR shall, within one (1) year after PROJECT completion, reimburse ALAMEDA CTC for ALAMEDA CTC Share of the Fair Market Value of any property determined to be “excess property”. c. If the PROJECT begins construction within three (3) years after the effective date of this AGREEMENT (as such deadline may be extended by agreement between the parties hereto), then except as provided in subparagraph (d) below, no reimbursement is due with respect to any property interest acquired for the project using ALAMEDA CTC ADMINISTERED FUNDS if the entirety of the acquired property is required for the PROJECT. d. If PROJECT SPONSOR anticipates receiving net revenues (i.e., rental or other income generated by the property, less reasonable costs for insurance, maintenance and related items) from any property acquired using ALAMEDA CTC ADMINISTERED FUNDS, PROJECT SPONSOR shall notify ALAMEDA CTC on how PROJECT SPONSOR will use such revenue to offset other project costs, and document such revenue separately in project reimbursement requests. e. If PROJECT is suspended, PROJECT SPONSOR shall pay all property management costs. 4.6.b Packet Pg. 206 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 12 of 16 f. Property that is required for the PROJECT and acquired wholly or in part with ALAMEDA CTC ADMINISTERED FUNDS shall be available for PROJECT construction within ten (10) years of ALAMEDA CTC reimbursement to the PROJECT SPONSOR. If, after ten (10) years, PROJECT has not been completed, PROJECT SPONSOR shall reimburse ALAMEDA CTC Share of the fair market value of the property, based on the net proceeds from the sale of the property or an appraisal of the property conducted at no cost to ALAMEDA CTC, within one (1) year after the expiration of this ten (10) year period. 17. If condemnation procedures are required to obtain possession to Right-of-Way, ALAMEDA CTC will consider the required deposit as an eligible cost and reimburse the PROJECT SPONSOR upon request. PROJECT SPONSOR shall submit documentation of the final order of condemnation settlement within ninety (90) days after the date of the court recording of the final order of condemnation. If the amount of ALAMEDA CTC reimbursement to the PROJECT SPONSOR is higher than ALAMEDA CTC Share of the amount of settlement in the final order of condemnation, the PROJECT SPONSOR shall pay ALAMEDA CTC the difference between the amount reimbursed and ALAMEDA CTC Share of the amount settled plus ALAMEDA CTC Share of the interest accrued to the deposit account within one (1) year of the final order of condemnation. 18. PROJECT SPONSOR shall not initiate condemnation of any property until full funding for the construction of the PROJECT has been secured. 19. Reimbursement to PROJECT SPONSOR by ALAMEDA CTC for PROJECT Right-of-Way is limited to the following (and net of any relocation payments provided by other sources): a. The cost to purchase all real property required for the PROJECT free and clear of liens and/or conflicting easements, including the costs for preparation of documents, negotiations and legal services. b. The cost of damages to owners of the remainder of real property not actually taken but injuriously affected by PROJECT. c. The cost of relocation payments and services provided to owners and occupants pursuant to the appropriate State laws and regulations when the PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d. The cost of demolition and/or the sale of all improvements on the right-of-way. Proceeds from the sale of any such improvements shall be credited to the PROJECT and used to offset PROJECT costs. e. The cost of all unavoidable utility relocation, protection or removal necessary for the completion of the PROJECT. f. The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which PROJECT SPONSOR accepts responsibility and where the actual generator cannot be identified and recovery made. 4.6.b Packet Pg. 207 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 13 of 16 20. If PROJECT SPONSOR materially breaches this AGREEMENT, including but not limited to failing to deliver the PROJECT within the schedule defined by this AGREEMENT without compelling reason, failing to file required progress reports in the time specified by this AGREEMENT, or failing to comply with applicable regulations, ALAMEDA CTC may either terminate this AGREEMENT or suspend payments to PROJECT SPONSOR until such time as PROJECT SPONSOR makes reasonable efforts to comply with this AGREEMENT. 21. Neither ALAMEDA CTC, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with the PROJECT. It is also understood and agreed, pursuant to Government Code Section 895.4, PROJECT SPONSOR shall fully defend, protect, indemnify and hold harmless ALAMEDA CTC, its governing body, and all its officers, employees, agents, representatives, and successors-in- interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. If TFCA funds are obligated by this AGREEMENT, PROJECT SPONSOR shall also fully defend, protect, indemnify and hold harmless BAAQMD, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, from any liability imposed on BAAQMD for injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by PROJECT SPONSOR in connection with PROJECT. 22. Neither PROJECT SPONSOR, nor its governing body or any officer, consultant, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ALAMEDA CTC under or in connection with any work, authority or jurisdiction delegated to ALAMEDA CTC under this AGREEMENT. It is also understood and agreed, pursuant to Government Code Section 895.4, ALAMEDA CTC shall fully defend, protect, indemnify and hold harmless PROJECT SPONSOR, its governing body, and all its officers, employees, agents, representatives, and successors-in-interest, against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury (as defined in Government Code Section 810.8) or damages occurring by reason of anything done or omitted to be done by ALAMEDA CTC in connection with PROJECT, including the performance of the PROJECT or operation or use of the equipment that is subject to this AGREEMENT. 23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. 24. All legal actions by either party against the other arising from this AGREEMENT, or for the failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be subject to the statutes of limitations of the State of California. 25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to recover reasonable expenses and attorney’s fees from the other party. 26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual agreement of the parties. Notwithstanding the foregoing, Sections I.7, I.19, III.21 and III.22 shall survive the termination or expiration of this AGREEMENT. 4.6.b Packet Pg. 208 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 14 of 16 27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this AGREEMENT or by a written amendment executed by both parties. [Signatures on the next page] 4.6.b Packet Pg. 209 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 15 of 16 CITY OF DUBLIN (PROJECT SPONSOR) ALAMEDA COUNTY TRANSPORTATION COMMISSION (ALAMEDA CTC) By: By: Linda Smith Date City Manager Tess Lengyel Date Executive Director Recommended By: Gary Huisingh Date Deputy Executive Director of Projects Reviewed as to Budget/Financial Controls: By: Patricia Reavey Date Deputy Executive Director of Finance and Administration Approved as to Legal Form: Approved as to Legal Form: By: By: John Bakker Date Legal Counsel to CITY OF DUBLIN Wendel Rosen LLP Date Legal Counsel to ALAMEDA CTC 4.6.b Packet Pg. 210 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Page 16 of 16 LIST OF APPENDICES APPENDIX A: PROJECT CONTROL INFORMATION Appendix A-1 Project Description Appendix A-2 Project Scope Detail By Phase Appendix A-3 Project Milestone Schedule Appendix A-5 Project Funding Summary by Phase and Fund Source Appendix A-6 Project Phase Cost Detail APPENDIX B: ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT APPENDIX C: ALAMEDA CTC REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS APPENDIX D: LOCAL BUSINESS CONTRACT EQUITY PROGRAM APPENDIX E: DELIVERABLES AND DUE DATES APPENDIX F: PROJECT PERFORMANCE MEASURES APPENDIX G: TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects Note: Appendix G is only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. 4.6.b Packet Pg. 211 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 1 APPENDIX A PROJECT CONTROL INFORMATION Appendix Index Appendix A-1 Project Description Appendix A-2 Project Scope Detail by Phase with Funds Obligated by the Agreement Appendix A-3 Project Milestone Schedule Appendix A-4 Project Funding Summary by Phase and Fund Source Appendix A-5 Project Phase Cost Detail 4.6.b Packet Pg. 212 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 2 APPENDIX A-1 PROJECT DESCRIPTION Project Title: Regional Street Improvement Project Project Description: The proposed project will install buffered bike lanes on Regional Street within the Downtown Dublin area. No bicycle facilities currently exist on Regional Street, though the street is planned as a bicycle route in the Bicycle and Pedestrian Master Plan. The redesign of Regional Street retains the existing curb locations and re-allocates road space, removing the center turn lane except at key driveways and intersections, and adding buffered bicycle lanes on each side of the street. The newly proposed buffered bike lanes on Regional Street will connect the future bike lanes on St. Patrick Way extension to businesses on Regional Street and then to San Ramon Road. This will also provide an alternate low stress bike facility and connection to the current shared Class III bicycle route along Dublin Boulevard. The proposed new buffered bike lanes will provide a north-south connection to the low stress bike facilities on Amador Valley Boulevard and St. Patrick Way. The project will be implemented as part of City of Dublin’s Annual Street Resurfacing project. Matching funds for this project will be coming from the City of Dublin’s Capital Improvement Program project CIP No ST0117 – Annual Street Resurfacing “2020 Slurry Seal” which is funded in part by The Road Repair and Accountability Act of 2017 “SB-1”. 4.6.b Packet Pg. 213 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 3 APPENDIX A-2 PROJECT SCOPE DETAIL BY PHASE The ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT are to support the project phase(s) identified and described below: CONSTRUCTION • To facilitate the reconfiguration of Regional Street, the following work will be implemented: removal of all existing pavement striping and markings, crack sealing/filling and pavement or base repairs of the existing asphalt concrete, apply a slurry seal on the entire width and length of the roadway, install all new thermoplastic striping and pavement markings, as well as raised markers, install new bike and vehicle loop detectors, and install new regulatory and advisory signage to accommodate the new lane configuration. 4.6.b Packet Pg. 214 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 4 APPENDIX A-3 PROJECT MILESTONE SCHEDULE Phase/Milestone Begin (Mo/Yr) End (Mo/Yr) Construction August 2020 Decembe r 2020 December 2020 4.6.b Packet Pg. 215 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 5 APPENDIX A-4 PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE PROJECT FUNDING SUMMARY BY PHASE AND FUND SOURCE PHASE Alameda CTC Administered Funds Matching Funds Total Funding Reimbursement Ratio Percentage 2000 Measure B Disc-BP Construction $75,000 $75,000 $150,000 50.00% Total Funding $75,000 $75,000 $150,000 Notes: 1. PROJECT SPONSOR shall be reimbursed eligible costs in the percentage of Total ALAMEDA CTC ADMINISTERED FUNDS to Total Funding per the Reimbursement Ratio Percentage for each phase. Each Alameda CTC Administered Fund amount identified is a not-to-exceed amount. The Reimbursement Ratio is defined as ALAMEDA CTC ADMINISTERED FUNDS divided by the Total Funding. 4.6.b Packet Pg. 216 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix A – Page 6 APPENDIX A-5 PROJECT PHASE COST DETAIL This Project Phase Cost Detail summarizes the total cost for each phase with ALAMEDA CTC ADMINISTERED FUNDS obligated in this AGREEMENT. PHASE COST DETAIL CONSTRUCTION 2000 Measure B Disc-BP Matching Funds Total Cost Contract(s)/Other Direct Cost1 $75,000 $75,000 $150,000 Total Phase Cost (Staff + Contract Costs) $75,000 $75,000 $150,000 Notes: 1. Contracts funded with any combination of Measure B, Measure BB, Vehicle Registration Fee and local funds that do not contain State or federal funds are subject to Alameda CTC’s Local Business Contract Equity Program (refer to Appendix D). 2. The project will be implemented as part of City of Dublin’s Annual Street Resurfacing project. Matching funds for this project will be coming from the City of Dublin’s Capital Improvement Program project CIP No ST0117 – Annual Street Resurfacing “2020 Slurry Seal” which is funded in part by The Road Repair and Accountability Act of 2017 “SB-1”. 4.6.b Packet Pg. 217 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix B - Page 1 APPENDIX B ALAMEDA CTC ADMINISTERED FUNDS OBLIGATED BY THIS AGREEMENT The following Table B-1 identifies the ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT and establishes a unique allowable start date for each obligated fund source. TABLE B-1 FUNDS OBLIGATED BY THIS AGREEMENT AND ALLOWABLE START AND EXPENDITURE DEADLINE DATES Fund Source Fund Subset Phase Commission Approval Date Allowable Start Date Expenditure Deadline Date Obligated Amount 2000 MB Disc-BP Construction 7/23/20 7/23/20 The Agreement Expiration Date serves as the expenditure deadline date. $75,000 Total Alameda CTC Administered Funds Obligated by AGREEMENT: $75,000 Agreement Expiration Date: 6/30/2021 Notes: 1. ALAMEDA CTC reimbursement amounts by fund source for PROJECT shall not exceed the total amount obligated by this AGREEMENT, by fund source. 2. The Commission Approval Date is the date of the meeting at which the Commission approved the allocation. 3. The Allowable Start Date identified for each fund source is the earliest date at which costs eligible for reimbursement by the fund source indicated may be incurred. Any costs incurred on the PROJECT before this date will not be eligible for reimbursement under this AGREEMENT. 4. The Expenditure Deadline Date is the last date by which eligible reimbursable costs may be incurred. Any costs incurred on the PROJECT after this date will not be eligible for reimbursement under this AGREEMENT. 5. The Agreement Expiration Date shall mean and refer to the expiration date of this AGREEMENT. 6. For TFCA funds obligated by this agreement, the Expenditure Deadline Date in the above table is two (2) years from the date when ALAMEDA CTC first received funds from BAAQMD, unless an extended deadline is approved at the time of programming or an extension has been approved by the ALAMEDA CTC. An estimated deadline date is noted in the above table if at the time of this agreement the Alameda CTC has yet to receive funds from BAAQMD. Extended deadlines will be reflected in an amended Table B-1, once approved. 7. For TFCA funds obligated by this agreement, the Commission may approve up to two one-year extensions to the Expenditure Deadline Date. Any additional extensions require approval from both ALAMEDA CTC and BAAQMD. 4.6.b Packet Pg. 218 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix B - Page 2 APPENDIX B (CONT.) Reimbursement of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT shall be in accordance with the Drawdown Limitation Schedule below. TABLE B-2 ALAMEDA CTC ADMINISTERED FUNDS REIMBURSEMENT - DRAWDOWN LIMITATION SCHEDULE No. Fiscal Year Quarter Fund Source Drawdown Limitation Amount Cumulative Drawdown Limitation Amount 1 2020/21 Any 2000 MB $75,000 $75,000 Notes: 1. Fiscal Year (FY) begins July 1 and ends June 30. 2. Quarter 1 begins July 1 and ends September 30; Quarter 2 begins October 1 and ends December 31; Quarter 3 begins January 1 and ends March 31; and Quarter 4 begins April 1 and ends June 30. 3. ALAMEDA CTC shall endeavor to transmit payments to PROJECT SPONSOR following the receipt and approval of a complete Request for Reimbursement(s) submitted by the PROJECT SPONSOR. 4. Actual reimbursements from ALAMEDA CTC to the PROJECT SPONSOR shall not exceed the Cumulative Drawdown Limitation Amount without Alameda CTC’s written approval. Any portion of a reimbursement request, which exceeds the applicable Cumulative Drawdown Limitation without such prior approval by ALAMEDA CTC shall be deferred until the following quarter or until sufficient capacity in the cumulative drawdown limitation amount is achieved. 4.6.b Packet Pg. 219 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix C – Page 1 APPENDIX C REQUEST FOR REIMBURSEMENT AND REPORTING REQUIREMENTS The below table establishes the required minimum frequency for Requests for Reimbursement and Progress Reports. Requests for Reimbursements and Progress Reports are required either monthly, quarterly, or semi -annually, as indicated below with an “X”. REQUEST FOR REIMBURSEMENT AND PROGRESS REPORTING FREQUENCY AND DUE DATES Frequency Required (as checked) Minimum Frequency Period Covered Due Dates ☐ Monthly (once every month) One month By 30 days following the end of billed activity ☐ Quarterly (once every 3 months) Quarter 1: 7/1– 9/30 Quarter 2: 10/1 – 12/31 Quarter 3: 1/1– 3/31 Quarter 4: 4/1– 6/30 By October 31st By January 31st By April 30th By July 31st ☒ Semi-annually (once every 6 months) Quarters 1 & 2: 7/1 – 12/31 Quarters 3 & 4: 1/1 – 6/30 By January 31st By July 31st ☐ Annually (TFCA Annual Report) Fiscal Year: 7/1 – 6/30 By July 31st ☒ Final Request for Reimbursement Any work period eligible under Appendix B. Must be submitted prior to the Agreement Expiration Date Notes: 1. For all projects, the maximum frequency for Requests for Reimbursement is one (1) per month. 2. If no costs were incurred during the reporting period, a progress report for the corresponding period is still required. 3. TFCA funding requires annual reporting to BAAQMD in addition to the minimum required frequency for Alameda CTC progress reports and invoices. 4. Requests for Reimbursement must be submitted prior to the Agreement Expiration Date in order to be eligible for reimbursement. REQUEST FOR REIMBURSEMENT AND REPORTING FORMS Any PROJECT SPONSOR awarded ALAMEDA CTC Administered Funds shall use the following forms included in the link below for progress reporting, final reporting, request for reimbursements, and requests for amendments to this funding agreement. Note that the format and required content of these forms is subject to change. List of Downloadable Forms: https://www.alamedactc.org/funding/reporting-and-grant-forms/ 1. Request for Reimbursement (RFR) Form 2. Alameda CTC Progress Report Form 3. Alameda CTC Final Report Form 4. Transportation Fund for Clean Air Program Reporting Forms (Interim and Final Report) 5. Amendment Request Form 4.6.b Packet Pg. 220 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix D – Page 1 APPENDIX D LOCAL BUSINESS CONTRACT EQUITY PROGRAM As noted in Section I.14, PROJECT SPONSOR is obligated to comply with all applicable provisions of the Alameda CTC Local Business Contract Equity (LBCE) Program, incorporated herein by reference as if attached hereto. LBCE Program Substitution: The LBCE Program allows substitution of Alameda CTC’s program if a sponsor agency’s local preference program has been approved in writing by the Alameda CTC’s LBCE Liaison Officer. This approval letter from Alameda CTC shall be attached as part of Appendix D. The following resources are available to guide Project Sponsors through the LBCE Program requirements for procurement and contracting processes: • Sample template language for professional and construction services is available from ALAMEDA CTC’s website: https://www.alamedactc.org/get-involved/contract-equity • The LBCE Program Guidelines, available at the above link, includes a Project Sponsor Responsibility Checklist. Appendix B of the LBCE Program Guidelines identifies the Responsibilities of Sponsor Agencies. • Direct inquiries about the LBCE Program to ALAMEDA CTC’s LBCE Liaison Officer: Seung Cho Director of Procurement and Information Technology Alameda County Transportation Commission Email: scho@alamedactc.org Phone: (510) 208-7472 4.6.b Packet Pg. 221 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix E - Page 1 APPENDIX E DELIVERABLES AND DUE DATES Project Deliverables and Due Dates: The Deliverables and Due Dates table below shows deliverables and due dates, if any, for the phases listed in Appendix A-2 Project Phase Descriptions that contain ALAMEDA CTC ADMINISTERED FUNDS. Deliverables and Due Dates No. Description Due Date to Alameda CTC 1 Progress Report #1: July to December, 2020 January 31, 2020 2 Progress Report #2: January to June, 2021 July 31, 2021 3 Final Invoice By the Agreement Expiration Date 4 Final Report By the Agreement Expiration Date Note: 1. Per Section III.13 of AGREEMENT, Alameda CTC may withhold payment of reimbursement requests until past due deliverables are received and approved. 4.6.b Packet Pg. 222 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix F – Page 1 APPENDIX F PROJECT PERFORMANCE MEASURES Project Performance Measures: The Project Performance Measures and Targets describes what outcome- based performance measure(s) the PROJECT SPONSOR plans to evaluate to ensure that the project/program is meeting its objectives. Project Performance Outcomes The key goal of the project is to design Regional Street as a “slow street” with an emphasis on bicycle and pedestrian infrastructure. Per the Downtown Dublin Streetscape Plan and Downtown Dublin Specific Plan, Regional Street, along with Golden Gate Drive and St. Patrick Way are envisioned to create a comfortable pedestrian and bicycle realm that supports strolling, shopping, dining, neighborhood socializing and events. The intent of the street improvements is to create better downtown places for people. Downtown streets should encourage people to move more slowly, and to interact more fully with their surroundings and with one another. Note: 1. It is expected that the Project will achieve the performance measures targets and/or project outcomes as established herein. 4.6.b Packet Pg. 223 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Alameda CTC Agreement No. [XX-XXXX] Project No. [XXXX.XX] Appendix G – Page 1 APPENDIX G TRANSPORTATION FUND FOR CLEAN AIR POLICIES AND REQUIREMENTS The contents of Appendix G are only included and attached to this AGREEMENT if TFCA funds are obligated and applicable to AGREEMENT. Appendix Index Appendix G-1 TFCA Project Number and “Years of Effectiveness” Appendix G-2 BAAQMD-approved TFCA County Program Manager Fund Policies Appendix G-3 Minimum required insurance for TFCA-funded projects Appendix G-4 Reporting Forms to BAAQMD for TFCA-funded projects 4.6.b Packet Pg. 224 At t a c h m e n t : 2 . E x h i b i t A t o R e s o l u t i o n - F u n d i n g A g r e e m e n t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t R e s u r f a c i n g ) Streets City of Dublin Capital Improvement Program 2020-2025 Page 56 Number – ST0117 ANNUAL STREET RESURFACING Program – STREETS PROJECT DESCRIPTION This project provides for the design and construction of a variety of pavement resurfacing treatments, from slurry seal to major rehabilitation and reconstruction of streets, and resurfacing of bridge decks. The project also includes installation of new or upgrade of existing ADA curb ramps on roads that are reconstructed or receive an asphalt concrete overlay. Streets are selected for improvements based on the City's Pavement Management System to optimize the pavement condition in relation to available budget. The City owns and maintains approximately 150 centerline miles of streets. The Metropolitan Transportation Commission Groups Pavement Condition Index (PCI) ratings into the following categories: 80-100 Very Good-Excellent; 70-79 Good, 60-69 Fair, 50-59 At Risk, 25-49 Poor, and 0-24 Failed. The City of Dublin is rated very good with a rolling three-year average PCI of 85. This annual Resurfacing Program is primarily funded by Alameda County Transportation Commission Measure B/BB funds, SB-1, and Gas Tax. This program protects the substantial investment the City has in the public street system. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 2020-2025 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR YEARS 2019-2020 BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS 9100 - Salaries & Benefits $35,145 $53,050 $34,160 $34,160 $34,160 $34,160 $34,160 $258,995 9200 - Contract Services $708,107 $549,237 $232,000 $340,000 $340,000 $340,000 $340,000 $2,849,344 9400 - Improvements $3,719,292 $1,744,153 $1,341,720 $1,972,681 $1,972,681 $1,972,681 $1,972,681 $14,695,889 9500 - Miscellaneous $2,848 $24,983 $7,120 $7,120 $7,120 $7,120 $7,120 $63,431 TOTAL $4,465,392 $2,371,423 $1,615,000 $2,353,961 $2,353,961 $2,353,961 $2,353,961 $17,867,659 4.6.c Packet Pg. 225 At t a c h m e n t : 3 . C I P S T 0 1 1 7 - A n n u a l S t r e e t R e s u r f a c i n g P r o j e c t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t Streets City of Dublin Capital Improvement Program 2020-2025 Page 57 FUNDING SOURCE PRIOR YEARS 2019-2020 BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS 1001 – General Fund $468,000 $468,000 2201 - State Gas Tax $2,124,036 $1,109,063 $250,000 $680,000 $580,000 $580,000 $580,000 $5,903,099 2204 - Measure B Sales Tax - Local Streets Fund (ACTC) $764,999 $220,000 $500,000 $500,000 $500,000 $500,000 $2,984,999 2205 - Measure B Sales Tax - Bike & Pedestrian Fund (ACTC) $100,000 $100,000 $100,000 $300,000 2214 - Measure BB Sales Tax - Local Streets Fund (ACTC) $1,090,000 $312,000 $300,000 $150,000 $150,000 $150,000 $150,000 $2,302,000 2215 - Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC) $100,000 $100,000 $112,000 $312,000 2220 - Road Maint. & Rehab. Account (RMRA) $130,717 $526,000 $385,000 $1,023,961 $1,123,961 $1,123,961 $1,123,961 $5,437,561 2304 - Local Recycling Programs $155,640 $4,360 $160,000 TOTAL $4,465,392 $2,371,423 $1,615,000 $2,353,961 $2,353,961 $2,353,961 $2,353,961 $17,867,659 ANNUAL OPERATING IMPACT 4.6.c Packet Pg. 226 At t a c h m e n t : 3 . C I P S T 0 1 1 7 - A n n u a l S t r e e t R e s u r f a c i n g P r o j e c t ( A C T C F u n d i n g A g r e e m e n t f o r S t r e e t Page 1 of 8 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Report and Status Update on the Housing Element Update and Regional Housing Needs Allocation Prepared by: Michael P. Cass, Principal Planner EXECUTIVE SUMMARY: The City Council will receive a report and status update on the Housing Element Update and Regional Housing Needs Allocation. Each California city and county must update their General Plan Housing Element every eight years to adequately plan to meet the existing and projected housing needs of all economic segments of the community. Dublin’s current Housing Element is for the 2014 -2022 planning period. State law mandates updates to the Housing Element no later than January 2023 for the 2023 - 2031 planning period. STAFF RECOMMENDATION: Receive the report and provide feedback on the Housing Element Update. FINANCIAL IMPACT: In July 2020, the City Council adopted a Resolution approving a Consulting Services Agreement between the City and Kimley-Horn to assist Staff with preparation of the Housing Element Update. Kimley-Horn’s contract amount is $403,000. The City’s Fiscal Year 2020-21 Budget sufficiently covers this cost, including $55,000 from an a pproved Senate Bill 2 Planning Grant. In addition, Staff anticipates the cost will be further offset by a pending, non-competitive $300,000 grant under the Local Early Action Planning (LEAP) Grant Program. DESCRIPTION: Each local government in California is required to adopt a comprehensive, long-term General Plan for the physical development of the jurisdiction. A certified Housing Element is one of seven mandatory elements of the General Plan. Housing Element law, enacted in 1969, mandates local governments update their Housing Element every eight years to demonstrate how the jurisdiction has adequately planned to meet the existing and projected housing needs of all economic segments of the community. The community’s housing need is determined through the Regional Housing Needs 7.1 Packet Pg. 227 Page 2 of 8 Allocation (RHNA) process. The City’s current Housing Element covers the period of 2014-2022. The Housing Element must be updated and then certified by the California Department of Housing and Community Development (HCD) by January 2023 for the 2023-2031 planning period. Housing Element Update Planning Process Following are the key phases of the Housing Element Update planning process, which Staff estimates will take approximately two years to complete: ▪ Baseline Analysis: Review current Housing Element policies and programs. ▪ Adequate Sites Identification: Evaluate current Housing Element sites and identify additional sites to meet RHNA. ▪ Community Engagement: Conduct online survey, stakeholder workshops, and Planning Commission and City Council meetings. ▪ Policy and Program Development: Develop policies and programs that constitute Housing Policy Plan. ▪ HCD Review: Prepare a Draft Housing Element and submit to HCD for an initial 60-day review. ▪ Public Hearings and Adoption: Hold public hearings with the Planning Commission and the City Council to consider adoption of the Housing Element Update and associated General Plan Amendments. Regional Housing Needs Allocation The Housing Methodology Committee (HMC) is an advisory committee to the Association of Bay Area Governments (ABAG) composed of 35 members including elected officials, local jurisdiction staff members, and stakeholders, and is tasked with creating a methodology for distributing HCD’s Regional Housing Needs Determination (RHND) across the local jurisdictions in the nine-county Bay Area. Distribution of the RHND results in each jurisdiction’s RHNA, which is the total number of housing units that the jurisdiction must plan for in the next Housing Element update. State law provides a series of statutory objectives that must be met in the RHNA methodology, including increasing affordability in an equitable manner, improving the balance between low-wage jobs and lower-income housing (jobs-housing fit), and addressing equity and fair housing. The statute also requires “consistency” between the RHNA and regional plans, such as Plan Bay Area (PBA). On June 10, 2020, HCD released the RHND for the Bay Area, which identified 441,176 units (2.35 times the 187,990 units required in the current RHNA cycle). Distribution of the RHND includes two key components: 1) allocation of the total regional housing need across local jurisdictions; and 2) allocation of those total shares by income categories (i.e., very-low, low, moderate and above-moderate income). The HMC began meeting in October 2019 to prioritize different factors, consider weights for each factor, and develop a RHNA methodology. On September 14, 2020, the Tri- Valley communities of Dublin, Danville, Livermore, Pleasanton and San Ramon 7.1 Packet Pg. 228 Page 3 of 8 submitted joint letters to the HMC and ABAG Executive Board expressing concerns with the RHNA methodology under consideration and recommended a methodology that: 1) focuses housing allocations in areas with the highest concentrations of jobs; 2) takes account of geographic and other constraints to housing development ; and 3) provides residents with access to viable transit and transportation options (refer to Attachments 1 and 2). On September 18, 2020, the HMC forwarded a recommendation to the AB AG Executive Committee to use Methodology Option 8A. This Option only partially addresses the concerns raised by the Tri-Valley communities. Although preliminary at this time, the recommended methodology would result in a RHNA of 3,630 total units for Dublin. Table 1 shows the City’s current and HMC’s recommended RHNA by income category. Table 1: Current and Preliminary RHNA Extremely / Very Low Low Moderate Above Moderate Total RHNA – Current 796 446 425 618 2,285 HMC Recommendation 1,090 610 550 1,410 3,630 Percent Increase 136.93% 136.77% 129.41% 228.16% 158.86% As shown in Table 2 below, the ABAG Regional Planning Committee and ABAG Executive Board will review HMC’s recommendations in October 2020 and submit the draft methodology in winter 2021 to HCD for review and approval. In spring 2021, the final methodology should be adopted and ABAG will release the draft RHNA to jurisdictions. Appeals of the draft RHNA can be submitted until summer 2021, and decisions on appeals and the final RHNA will be issued by the end of 2021. The City will then have until January 2023 to adopt a Housing Element Update. Table 2: Key Milestones Key Milestones Date 1 ABAG Regional Planning Committee reviews proposed RHNA Methodology October 1, 2020 2 ABAG Executive Board reviews proposed RHNA Methodology October 15, 2020 3 ABAG submits draft RHNA Methodology to HCD for review Winter 2021 4 Final RHNA Methodology adopted and draft allocation released to jurisdictions Spring 2021 5 Deadline for appeals Summer 2021 6 Decision on appeals and final RHNA issued to jurisdiction End of 2021 7 Deadline to adopt Housing Element Update January 2023 Adequate Sites Identification The Housing Element must include an inventory of specific sites or parcels that are available for residential development to meet the RHNA. Land suitable for residential development must be appropriate and available for residential use in the planning period. Characteristics to consider when evaluating the appropriateness of sites include physical features (e.g., susceptibility to flooding, slope instability or erosion, or environmental considerations) and location (proximity to transit, job centers, and public or community services). Land suitable for residential development includes vacant sites that are zoned for residential development, underutilized sites that are zoned for 7.1 Packet Pg. 229 Page 4 of 8 residential development and capable of being redeveloped at a higher density or with greater intensity, and vacant and underutilized sites that are not zoned for residential development, but can be redeveloped for, and/or rezoned for, residential use (via program actions). Following is a summary of key considerations in identifying sites to meet the City’s RHNA: ▪ Density: Housing Element Law allows jurisdictions to assume that a site can be developed with housing affordable to low-income and very-low income households only if the site has the capacity to be developed at or above a certain default density. The default densities vary depending on the location and population of the jurisdiction. For Dublin, the default minimum density is 30 dwelling units per acre. ▪ Capacity: For all sites in the inventory, the jurisdiction must determine the number of units that can be realistically accommodated for all income categories. Jurisdictions cannot assume development capacity for housing at a particular level of affordability based solely on land use controls and site development requirements. Jurisdictions must now also analyze: 1) realistic development capacity of the site; 2) typical densities of existing or approved developments at a similar affordability level; and 3) the current or planned availability and accessibility to sufficient water, sewer, and dry utilities (e.g., gas and electricity). ▪ Use of Prior Housing Element Sites: Recent State law limits a jurisdiction’s ability to reuse sites from the prior RHNA cycle. Vacant sites identified in the last two housing elements and non-vacant sites identified in a prior housing element may not be counted towards RHNA unless: 1) the site s are zoned at the “default” density of 30 dwelling units per acre; or 2) the sites allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower-income households. ▪ Use of Small and Large Sites: For a jurisdiction to count a site that is less than one-half acre or more than 10 acres towards its lower-income RHNA, the Housing Element must demonstrate that sites of equivalent size were successfully developed during the prior planning period for an e quivalent number of lower income housing units or provide other evidence that the site can be developed as lower-income housing. ▪ Use of Non-Vacant Sites: Prior to 2018, jurisdictions could rely on sites with existing uses to accommodate the RHNA to evaluate the sites development potential. Now, for non-vacant sites, jurisdictions must also: 1) demonstrate past experience with converting existing uses to higher density residential development; 2) analyze the current market demand for the existing use; and 3 ) assess any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site. When a jurisdiction relies on non - vacant sites to accommodate more than 50 percent or more of its lower -income RHNA, HCD presumes the existing use will impede additional residential development, so the Housing Element must include site -specific findings based 7.1 Packet Pg. 230 Page 5 of 8 on substantial evidence that the use is likely to be discontinued during the planning period. ▪ Use of Vacant Non-Residential Sites: A jurisdiction may choose to identify vacant non-residential sites and rezone those sites to allow housing as part of the Housing Element Update or the Housing Element can include a program to accomplish the rezoning within the first three years of the planning period. The benefit of rezoning the sites as part of the Housing Element Update is that it ensures the Housing Element remains in compliance and allows environmental review of the rezoning to be accomplished as part of the Housing Element Update. ▪ Use of Sites with Current or Past Residential Uses: Sites that currently have, or in the past five years have had, deed restricted affordable housing for low - income or very-low income households, rent-controlled housing, or housing occupied by low-income or very-low income households are subject to the replacement housing requirements described in Density Bonus Law. ▪ Adequate Sites Alternatives: A jurisdiction may receive credit for up to 25 percent of the RHNA obligation for any income category through the identification of sites for accessory dwelling units, substantial rehabilitation of housing units with committed assistance from the jurisdiction, conversion of market rate housing to affordable housing with assistance from the jurisdiction, and/or for units under construction between the beginning of the Housing Element projection period and the deadline for adopting the Housing Element (June 30, 2022 to January 31, 2023). Prioritizing land use policies to enable the City to accommodate a portion of RHNA through ADUs would align with the Tri-Valley Housing and Policy Framework. No Net Loss In addition to the key considerations in identifying sites to meet the City’s RHNA, the “No Net Loss” laws (including recently adopted AB 1397 and SB 166) ensure that jurisdictions do not downzone these “opportunity sites” after HCD certifies the Housing Element. Jurisdictions also cannot approve new housing at significantly lower densities or at different income categories than was projected in the Housing Element w ithout making specific findings and identifying other sites that could accommodate these units and affordability levels “lost” as a result of the approval. Similarly, jurisdictions cannot deny a project because it does not include units at the income categ ories identified in the Housing Element. In light of these requirements, it may be prudent to “overplan” RHNA sites so that the City has some flexibility in its future project approvals. Without such headroom, the City may often be forced to find additional sites each time it approves a residential project that does not meet the requirements at the lower income levels. Preliminary Sites Inventory Staff has done an initial review of sites that may be able to accommodate the potential RHNA under HMC’s recommended methodology where 3,630 units must be planned for in the next Housing Element update. A complete sites inventory and a more in-depth analysis will be completed as Staff delves further into the Housing Element Update and 7.1 Packet Pg. 231 Page 6 of 8 reports back to the City Council. The following is initial information for illustrative purposes. The current Housing Element includes 10 remaining vacant sites with a development capacity of 2,456 units. These residential sites are located predominantly in Eastern Dublin with a development capacity of 965 units, and Downtown Dublin with a capacity of 1,491 units. These sites may be reused in the Housing Element update if density is a minimum of 30 units per acre or if housing is permitted by right with a minimum of 20 percent lower-income affordable units. Only the Downtown Transit Oriented District (TOD) currently meets the minimum density requirement of 30 units per acre and has a capacity to provide 891 units. The current Housing Element sites can accommodate approximately 6,952 units (including the 891 units in the TOD) if all sites were “up zoned” to ensure a minimum density of 30 units per acre. Alternatively, if housing is permitted by right with a minimum of 20 percent lower-income affordable units provided, then the development capacity of current Housing Element sites is 2,456 units with no required modifications to existing permitted density. Refer to Attachment 3 for a map and table of existing Housing Element sites. In addition to reusing prior Housing Element sites, the City could evaluate using other vacant residential sites, underutilized non-residential sites, and vacant non-residential sites. Vacant residential sites with existing residential land uses include a portion of At Dublin, and Dublin Transit Center Site D-1 which could accommodate 456 units, based upon current permitted density. Refer to Attachment 4 for a map and table of vacant residential sites. The City could evaluate existing underutilized non-residential sites for redevelopment potential (i.e. sites with existing underutilized commercial and industrial uses). For example, based upon a preliminary analysis, approximately 13.59 acres on the north side of Dublin Boulevard between Dublin Court and Clark Avenue could be rezoned to accommodate housing and encourage redevelopment. Additionally, Hacienda Crossing could be rezoned to allow housing to supplement the existing commercial development within the shopping center. Also, based upon preliminary analysis, Staff identified 10 vacant (i.e. undeveloped) non- residential sites, totaling approximately 110.13 acres, that the City could consider rezoning to permit housing. Refer to Attachment 5 for a map and table of existing vacant non-residential sites. Based upon this initial review, it appears likely that the City will not have enough undeveloped residential sites to accommodate the RHNA without having to reuse prior Housing Element sites and/or rezone non-residential sites to accommodate residential uses. Therefore, Staff is seeking feedback from the City Co uncil to help guide this analysis and the identification of potential sites to accommodate the RHNA. Staff will return to the City Council to further discuss the sites inventory analysis once completed. Questions for the City Council Staff seeks preliminary feedback from the City Council on the following questions regarding the adequate sites’ identification: 7.1 Packet Pg. 232 Page 7 of 8 ▪ Prioritize Existing Sites or Study Non-Residential Sites: Prior Housing Element sites will not be able to be reused with the Housing Element Update unless they are rezoned to allow a minimum density of 30 units/acre or if housing is allowed by right with a minimum of 20 percent lower-income affordable units provided. Should the City prioritize the reuse of prior Housing Element sites (Attachment 3) or convert non-residential sites to residential use? ▪ Prioritize Higher Densities or Housing-By-Right: If reusing prior Housing Element sites, should the City prioritize higher densities or by-right development? ▪ Prioritize Vacant or Underutilized Non-Residential Sites: If the City does not have an adequate supply of undeveloped sites or prior Housing Element sites to accommodate the RHNA, should the City prioritize the conversion of undeveloped non-residential sites or the conversion of developed but underutilized non-residential sites to accommodate a portion of the RHNA? Prioritize ADUs: Up to 25 percent of the RHNA for each income category may be satisfied by ADUs under certain circumstances. These units would likely require a deed restriction to ensure they are rented to lower income households (which could require the City to offer programs such as financial incentives to encourage homeowners to deed restrict their ADUs). Should the City prioritize land use policies that would enable the City to accommodate a portion of the RHNA through ADUs? Identify Surplus Sites: Due to the “No Net Loss” laws, should the City identify more sites than are required to accommodate RHNA to maintain flexibility should properties be developed without the required number of deed restricted affordable units? The City Council will have more in-depth discussion about potential Housing Element sites with site-specific data in early 2021. Next Steps A tentative project schedule for the Housing Element Update is included as Att achment 6. Table 3 provides a summary of next steps: Table 3: Next Steps Next Steps Date 1 Launch Housing Element Update Webpage on the City’s Website Fall 2020 2 Evaluate Current Housing Element Fall 2020 - Winter 2021 3 Analyze/Identify Adequate Housing Sites Fall 2020 - Winter 2021 4 Check-In Meeting #2 – Review Adequate Sites Analysis Winter/Spring 2021 ENVIRONMENTAL REVIEW: The informational report on the Housing Element Update is exempt from the requirements of the California Environmental Quality Act (CEQA). STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities. 7.1 Packet Pg. 233 Page 8 of 8 Objective E: Update the City’s General Plan Housing Element in accordance with state law and to ensure an adequate supply of sites to accommodate the City’s Regional Housing Needs Allocation for the period 2023-31. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Tri-Valley Cities Letter to Housing Methodology Committee, dated September 14, 2020 2. Tri-Valley Cities Letter to ABAG Executive Board, dated September 14, 2020 3. Map and Table of Existing Housing Element Sites 4. Map and Table of Vacant Residential Sites Not Identified in Current Housing Element 5. Map and Table of Vacant Non-Residential Sites 6. Housing Element Update Tentative Schedule 7.1 Packet Pg. 234 Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON September 14, 2020 Mayor Jesse Arreguín, Chair Housing Methodology Committee Association of Bay Area Governments 375 Beale Street, Suite 700 San Francisco, CA 94105-2066 Dear Chair Arreguín: On behalf of the Tri-Valley cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon, we are writing to express our concern about the methodology options that will be considered by the Housing Methodology Committee on September 18. The Tri-Valley Cities (TVC) appreciate the urgency of the statewide housing crisis and the responsibility of local jurisdictions to address this important issue. Each of our five cities has taken significant steps over recent years to facilitate the construction of both market-rate and affordable housing – evidenced by the construction of more than 10,300 new housing units since the start of the last Housing Element cycle – these efforts have made the Tri-Valley one of the fastest-growing regions in the Bay Area and the State. Through dedicated affordable housing projects, application of inclusionary ordinances, and policies to encourage ADUs, we have also made progress towards fulfilling our affordable housing needs, although, as has been experienced by most cities, the lack of funding for lower-income housing continues to present a significant challenge. We very much appreciate the efforts and dedication of the HMC in addressing the significant challenges presented by the upcoming 6th Cycle RHNA process. Although we commend the HMC’s prior decision to utilize the Plan Bay Area 2050 Households Baseline in the methodology, we would urge reconsideration of the currently proposed methodologies and factors, in order to more appropriately balance the RHNA Statutory Objectives identified in State Law including equity and fair housing goals, as well as those related to efficient growth patterns and GHG reductions. Methodology options 5A and 6A that will be under consideration by the HMC on September 18, have significant flaws. In particular, both place a disproportionate emphasis on factors that allocate RHNA to high opportunity areas, without consideration of the negative consequences of the resultant land use patterns. The following points reflect our specific concerns regarding the proposed methodology options: • The options do not adequately address factors related to transit and jobs proximity, and fail to take into account the lack of high-quality transit within the Tri-Valley, and distance from the major employment centers of the South Bay, Oakland, and San Francisco. The methodologies allocate growth in a manner that will promote auto dependency and longer commute times, exacerbate GHG impacts, and run counter to the goals and objectives well-formulated and strongly articulated in the recently released Plan Bay 7.1.a Packet Pg. 235 At t a c h m e n t : 1 . T r i - V a l l e y C i t i e s L e t t e r t o H o u s i n g M e t h o d o l o g y C o m m i t t e e , d a t e d S e p t e m b e r 1 4 , 2 0 2 0 ( H o u s i n g E l e m e n t U p d a t e ) Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON Area Blueprint. This is also counter to RHNA Statutory Objective 2: Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, and the encouragement of efficient development patterns. • The options push significant housing allocations into the outer ring of Bay Area suburbs, including the Tri-Valley, exacerbating the jobs/housing imbalance, and compelling long commutes to distant jobs centers. Even in our relatively jobs-rich Tri-Valley cities, data shows that many of our residents, today, commute significant distances to work. This comes at a significant cost: not just in negative environmental consequences, but as time spent away from families, and a further strain on household finances, particularly for lower-income households. • Our smaller cities have limited land area and sites that are candidates for re-zoning. Significant RHNA allocations may have the unintended consequence of causing speculative increases in land values, and create pressure to develop agricultural and open space lands, areas subject to natural hazards, and other sensitive resources. Given these concerns, we would urge the Committee to reject the current options 5A and 6A, and consider methodology options that emphasize factors and factor weightings that 1) focus housing allocations in areas most proximate to the highest concentrations of jobs, and particularly where jobs growth has outpaced recent housing production (e.g jobs proximity factors); 2) provide realistic allocations that take account of geographic and other constraints to housing development (e.g. urbanized land area factors); and 3) provide residents with access to viable transit and transportation options that do not add to regional congestion, commute times, and household transportation costs (e.g. transit proximity factors). Thank you for your consideration of these important concerns. Respectfully, 7.1.a Packet Pg. 236 At t a c h m e n t : 1 . T r i - V a l l e y C i t i e s L e t t e r t o H o u s i n g M e t h o d o l o g y C o m m i t t e e , d a t e d S e p t e m b e r 1 4 , 2 0 2 0 ( H o u s i n g E l e m e n t U p d a t e ) Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON September 14, 2020 Mayor Jesse Arreguín, President Association of Bay Area Governments, Executive Board 375 Beale Street, Suite 700 San Francisco, CA 94105-2066 Dear Board President Arreguín: On behalf of the Tri-Valley cities of Danville, Dublin, Livermore, Pleasanton, and San Ramon, we are writing to express our concern about the methodology options that will be considered by the Housing Methodology Committee on September 18. The Tri-Valley Cities (TVC) appreciate the urgency of the statewide housing crisis and the responsibility of local jurisdictions to address this important issue. Each of our five cities has taken significant steps over recent years to facilitate the construction of both market-rate and affordable housing – evidenced by the construction of more than 10,300 new housing units since the start of the last Housing Element cycle – these efforts have made the Tri-Valley one of the fastest-growing regions in the Bay Area and the State. Through dedicated affordable housing projects, application of inclusionary ordinances, and policies to encourage ADUs, we have also made progress towards fulfilling our affordable housing needs, although, as has been experienced by most cities, the lack of funding for lower-income housing continues to present a significant challenge. We very much appreciate the efforts and dedication of the HMC in addressing the significant challenges presented by the upcoming 6th Cycle RHNA process. Although we commend the HMC’s prior decision to utilize the Plan Bay Area 2050 Households Baseline in the methodology, we would urge reconsideration of the currently proposed methodologies and factors, in order to more appropriately balance the RHNA Statutory Objectives identified in State Law including equity and fair housing goals, as well as those related to efficient growth patterns and GHG reductions. Methodology options 5A and 6A that will be under consideration by the HMC on September 18, have significant flaws. In particular, both place a disproportionate emphasis on factors that allocate RHNA to high opportunity areas, without consideration of the negative consequences of the resultant land use patterns. The following points reflect our specific concerns regarding the proposed methodology options: • The options do not adequately address factors related to transit and jobs proximity, and fail to take into account the lack of high-quality transit within the Tri-Valley, and distance from the major employment centers of the South Bay, Oakland, and San Francisco. The methodologies allocate growth in a manner that will promote auto dependency and longer commute times, exacerbate GHG impacts, and run counter to the goals and objectives well-formulated and strongly articulated in the recently released Plan Bay Area Blueprint. This is also counter to RHNA Statutory Objective 2: Promoting infill 7.1.b Packet Pg. 237 At t a c h m e n t : 2 . T r i - V a l l e y C i t i e s L e t t e r t o A B A G E x e c u t i v e B o a r d , d a t e d S e p t e m b e r 1 4 , 2 0 2 0 ( H o u s i n g E l e m e n t U p d a t e ) Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON development and socioeconomic equity, the protection of environmental and agricultural resources, and the encouragement of efficient development patterns. • The options push significant housing allocations into the outer ring of Bay Area suburbs, including the Tri-Valley, exacerbating the jobs/housing imbalance, and compelling long commutes to distant jobs centers. Even in our relatively jobs-rich Tri-Valley cities, data shows that many of our residents, today, commute significant distances to work. This comes at a significant cost: not just in negative environmental consequences, but as time spent away from families, and a further strain on household finances, particularly for lower-income households. • Our smaller cities have limited land area and sites that are candidates for re-zoning. Significant RHNA allocations may have the unintended consequence of causing speculative increases in land values, and create pressure to develop agricultural and open space lands, areas subject to natural hazards, and other sensitive resources. Given these concerns, we would urge the Executive Board to reject the current options 5A and 6A, and consider methodology options that emphasize factors and factor weightings that 1) focus housing allocations in areas most proximate to the highest concentrations of jobs, and particularly where jobs growth has outpaced recent housing production (e.g jobs proximity factors); 2) provide realistic allocations that take account of geographic and other constraints to housing development (e.g. urbanized land area factors); and 3) provide residents with access to viable transit and transportation options that do not add to regional congestion, commute times, and household transportation costs (e.g. transit proximity factors). Thank you for your consideration of these important concerns. Respectfully, 7.1.b Packet Pg. 238 At t a c h m e n t : 2 . T r i - V a l l e y C i t i e s L e t t e r t o A B A G E x e c u t i v e B o a r d , d a t e d S e p t e m b e r 1 4 , 2 0 2 0 ( H o u s i n g E l e m e n t U p d a t e ) (1)(1) (6) (8)(2)(3) (10) (5) (9) (4) (7) (12) (13) (11) C O N T R A C O S T A C O U N T Y A L A M E D A C O U N T Y S A N R A M O N P L E A S A N T O N C A M P P A R K S( P a r k s R F T A ) TASSAJARA RD TASSAJARA R D DUBLIN BL D U B LI N B L S T A G E C O A CH R D BRODER BL DOUGHERTYRD AR N O L D R D V O M A C R D PEPPERT R E E R D A M A D O R V A LLE Y B L BAR NET BL A M A R I L L O RD W V OMACRD FALLONRD FA L L O N R D DUBLINBL DUBLIN BL S A N R A M O N R D CENTRA L P W CENTRA L P W IRONHORSE PW V I L L A GE PW A M A D O R P L A ZA R D GLEASON DR P O S ITA NOPW CROAKRD MA D I G A N R D / City of Dublin Camp Parks RFTA City of Dublin City of Dublin, Sphere of Influence Right of Ways Existing Housing Element Sites 2015-2023 Housing Element 0 0.5 1 1.50.25 Miles Existing Housing Element Sites 7.1.c Packet Pg. 239 At t a c h m e n t : 3 . M a p a n d T a b l e o f E x i s t i n g H o u s i n g E l e m e n t S i t e s ( H o u s i n g E l e m e n t U p d a t e ) Table of Existing Housing Element Sites No. Project Min. Units Max. Units Potential Units Potential Affordability GP Land Use APN Lot Size (Acres) Zoning Min. Density Max. Density Potential Density Existing Use (1) Croak 104 692 346 Above Moderate Low Density 905-0002- 002 905-0002- 001-01 115.4 PD 0.9 6.0 3.0 Vacant (2) Righetti 59 134 77 Above Moderate Medium Density 905-0001- 005-02 9.6 PD 6.1 14.0 8.0 Vacant (3) Branaugh 59 136 78 Above Moderate Medium Density 905-0001- 004-04 9.7 PD 6.1 14.0 8.0 Vacant (4) Kobold 12 28 16 Above Moderate Medium Density 985-0072- 002 2.0 PD 6.1 14.0 8.0 Rural Homesite (5) McCabe 6 14 10 Moderate Medium Density 986-0028- 002 1.0 PD 6.1 14.0 10.0 Single- Family Home (6) Croak 63 146 104 Moderate Medium Density 905-0002- 001-01 10.4 PD 6.1 14.0 10.0 Vacant (7) Tipper 50 115 82 Moderate Medium Density 986-0004- 01 8.2 PD 6.1 14.0 10.0 Agricultural (8) Anderson 99 175 108 Moderate Medium- High Density 905-0001- 006-03 7.0 PD 14.1 25.0 15.4 Vacant (9) Beltran / Sperfslage 45 80 64 Moderate Medium- High Density 986-0003- 001-02 3.2 PD 14.1 25.0 20.0 Vacant (10) Chen 56 100 80 Moderate Medium- High Density 985-0027- 002 4.0 PD 14.1 25.0 20.0 Vacant (11) Village Parkway - - 200 Above Moderate Downtown Dublin – Village Parkway District - - DDZD None 15.0 - Varies (12) Retail - - 400 Lower Income Downtown Dublin – Retail District - - DDZD 22.0 - - Varies (13) Transit- Oriented - - 891 Lower Income Downtown Dublin – Transit- Oriented District - - DDZD 30.0 85.0 - Varies 7.1.c Packet Pg. 240 At t a c h m e n t : 3 . M a p a n d T a b l e o f E x i s t i n g H o u s i n g E l e m e n t S i t e s ( H o u s i n g E l e m e n t U p d a t e ) C O N T R A C O S T A C O U N T Y A L A M E D A C O U N T Y S A N R A M O N P L E A S A N T O N C A M P P A R K S( P a r k s R F T A ) DUBLIN B L TA S S A J A R A R D S T A G E C O A CH RD BRODER BL DOUGHERTYRD AR N O L D R D A M ADORV A L L E Y B L BARNET BL FA L L O N R D DUBLIN BL CENTRA L PW IR ONHORSE PW V I L L AGE PW A M A D O R P L A ZA R D GLEA SON DR P O S I T A NO PW CROAKRD MA D I G A N R D CROA KRD / City of Dublin Camp Parks RFTA City of Dublin City of Dublin, Sphere of Influence Right of Ways Vacant Residential Sites (Not Identified in Current Housing Element) 2015-2023 Housing Element 0 0.5 1 1.50.25 Miles Vacant Residential Sites (Not Identified in Current Housing Element) 7.1.d Packet Pg. 241 At t a c h m e n t : 4 . M a p a n d T a b l e o f V a c a n t R e s i d e n t i a l S i t e s N o t I d e n t i f i e d i n C u r r e n t H o u s i n g E l e m e n t Table of Vacant Residential Sites (Not Identified in Current Housing Element) No. Address or Name APN Lot Size (Acreage) Potential Units GP Land Use Zoning (1) At Dublin 985-0051-006-00 985-0052-024-00 985-0052-025-00 12.8 261 Medium Density Residential Medium-High Density Residential High Density Residential PD (2) Dublin Transit Center, Site D-1 986-0034-013-01 2.46 195 Campus Office PD 7.1.d Packet Pg. 242 At t a c h m e n t : 4 . M a p a n d T a b l e o f V a c a n t R e s i d e n t i a l S i t e s N o t I d e n t i f i e d i n C u r r e n t H o u s i n g E l e m e n t C O N T R A C O S T A C O U N T Y A L A M E D A C O U N T Y S A N R A M O N P L E A S A N T O N C A M P P A R K S( P a r k s R F T A ) TASSAJARA R D DUBLIN B L S T A G E C OA CH R D BRODER BL DOUGHERTY R D AR N O L D R D A M A D O R V A LLE Y B L BARNE T BL FA L L O N R D DUBLIN BL CENTRALPW IR ONHORSE PW V I L L A GE PW A M A D O R P L A ZA R D G L E A S ONDR P O S ITA NO PW CROAKRD MA D I G A N R D CROAKRD / City of Dublin Camp Parks RFTA City of Dublin City of Dublin, Sphere of Influence Right of Ways Vacant Non-Residential Sites 2015-2023 Housing Element 0 0.5 1 1.50.25 Miles Vacant Non-Residential Sites 7.1.e Packet Pg. 243 At t a c h m e n t : 5 . M a p a n d T a b l e o f V a c a n t N o n - R e s i d e n t i a l S i t e s ( H o u s i n g E l e m e n t U p d a t e ) Table of Vacant Non-Residential Sites No. Address or Name APN Lot Size (Acreage) GP Land Use Zoning (1) At Dublin 985-0051-005-00 985-0051-006-00 985-0052-024-00 985-0052-025-00 67.3 General Commercial Neighborhood Commercial PD (2) Gleason Drive 986-0005-038-01 12.79 Public/Semi-Public Facility PD (3) Dublin Blvd. 985-0061-012-00 8.14 General Commercial PD (4) 4020 Grafton Street 985-0061-015-00 2.08 General Commercial PD (5) Dublin Transit Center, Site D-2 986-0034-014-00 6.43 Campus Office PD (6) Dublin Transit Center, Site E-2 986-0034-012-00 7.66 Campus Office PD (7) 5751 Arnold Road 986-0014-013-00 5.73 Campus Office PD 7.1.e Packet Pg. 244 At t a c h m e n t : 5 . M a p a n d T a b l e o f V a c a n t N o n - R e s i d e n t i a l S i t e s ( H o u s i n g E l e m e n t U p d a t e ) City of Dublin Housing Element Update Project Schedule TASK Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 PROJECT INITIATION Kick-off Meeting Contract Approval On-going Project Coordination 2 REGIONAL HOUSING NEEDS ASSESSMENT Document Review Evaluate Current Housing Element Housing Needs, Constraints, Resources and Profile Housing Policy Plan 3 COMMUNITY ENGAGEMENT Community Outreach Plan Online Community Survey Stakeholder Workshops (2) Planning Commission Study Session City Council Check-ins (4) 4 DRAFT HOUSING ELEMENT Screencheck Draft Public Review Draft HCD Submittal Draft Response to HCD Comments Final Draft Housing Element 5 GENERAL PLAN AMENDMENTS Land Use Element Revisions Codes Amendments - Rezones Safety Element Revisions Environmental Justice Policies 6 PLAN ADOPTION CEQA Compliance Public Hearings HCD Certification General Plan Consistency Amendments Kimley-Horn / City Staff Public Meetings 2020 20222021 9/24/2020 7.1.f Packet Pg. 245 At t a c h m e n t : 6 . H o u s i n g E l e m e n t U p d a t e T e n t a t i v e S c h e d u l e ( H o u s i n g E l e m e n t U p d a t e ) City of Dublin Housing Element Update Project Schedule TASK Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 PROJECT INITIATION 2 REGIONAL HOUSING NEEDS ASSESSMENT 3 COMMUNITY ENGAGEMENT 4 DRAFT HOUSING ELEMENT 5 GENERAL PLAN AMENDMENTS 6 PLAN ADOPTION 2020 2021 2022 9/24/2020 7.1.f Packet Pg. 246 At t a c h m e n t : 6 . H o u s i n g E l e m e n t U p d a t e T e n t a t i v e S c h e d u l e ( H o u s i n g E l e m e n t U p d a t e ) Housing Element Update and Regional Housing Needs Allocation City Council October 6, 2020 Regulatory Framework •Each city must adopt a General Plan •Certified Housing Element is one of seven mandatory element of the General Plan •Update Housing Element every eight years •Current Housing Element: 2014-2022 •Updated Housing Element: 2023-2031 Housing Element Update •Baseline Analysis •Adequate Sites Identification •Community Engagement •Policy and Program Development •California Department of Housing and Community Development (HCD) Review •Public Hearings and Adoption Housing Methodology Committee •Advisory Committee to ABAG staff comprised of 35 members •Advised ABAG on methodology to distribute Regional Housing Needs Determination (RHND) •Statutory objectives: –Increase affordability –Improve balance of low wage jobs and lower income housing –Equity in fair housing RHNA Process •RHND: 441,176 units for the Bay Area –2.35 times the 187,990 units in current RHNA Cycle. •Distribution of RHND includes: –Allocation of total regional housing need across local jurisdictions. –Allocation of total shares by income category. Current and Preliminary RHNA Extremely / Very Low Low Moderate Above Moderate Total Current RHNA 796 446 425 618 2,285 HMC Recommendation 1,090 610 550 1,410 3,630 Percent Increase 136.93%136.77%129.41%228.16%158.86% Adequate Sites Identification •Appropriate and available for residential •Physical features and location •Includes: –Vacant residential –Underutilized residential –Vacant and underutilized non-residential sites Key Considerations •Density •Capacity •Small and large sites •Sites alternatives –Accessory dwelling units –Units under construction Site Inventory •Use of Prior Housing Element Sites: –Applies to vacant sites identified in last two Housing Elements and non-vacant sites identified in last Housing Element –To reuse: •Sites zoned to default density of 30 units/acre OR •Sites allow residential use by right for developments with at least 20% lower-income units Site Inventory (continued) •Use of Non-Vacant Sites: –Demonstrate past experience with converting existing uses to higher density residential development –Analyze current market demand for existing use –Assess existing leases or contracts that would perpetuate existing use or prevent redevelopment –Further scrutinized by HCD when used to accommodate over 50% of lower-income RHNA Site Inventory (continued) •Use of Vacant Non-Residential Sites: –May rezone as part of Housing Element Update or include program to rezone within first three years of planning period –Benefits of rezoning concurrently with Housing Element Update are: •Housing Element remains in compliance •Allows environmental review for rezoning to be accomplished as part of the Housing Element Update No Net Loss •Laws ensure jurisdictions do not downzone “opportunity sites” after Housing Element certified •Cannot approve new housing at lower densities or at different income categories without making specific findings and identifying other sites •Cannot deny a project because it does not include units at income levels identified in Housing Element •May desire to “overplan” to allow flexibility. Existing Housing Element Sites •10 Vacant Residential Sites in Eastern Dublin •Downtown Dublin •Accommodate 6,952 units, if “upzone” to 30 units/acre •Accommodate 2,456 units, if permitted by right with 20% lower-income units Existing Housing Element Sites Vacant Residential Sites •Accommodate 456 units Vacant Non-Residential Sites Questions for City Council •Reuse prior Housing Element Sites or convert non-residential sites to a residential use? •If reusing prior Housing Element sites, prioritize higher densities or by-right development? •If City does not have adequate supply, prioritize conversion of vacant non-residential sites or conversion of developed but underutilized non-residential sites? •Prioritize land use policies that would enable the City to accommodate a portion of the RHNA through ADUs? •Identify more sites than are required to accommodate RHNA to maintain flexibility? Next Steps Next Steps Date 1 Launch Housing Element Update Webpage on the City’s Website Fall 2020 2 Evaluate Current Housing Element Fall 2020 -Winter 2021 3 Analyze/Identify Adequate Housing Sites Fall 2020 -Winter 2021 4 Check-In Meeting #2 –Review Adequate Sites Analysis Winter/Spring 2021 Questions? Page 1 of 4 STAFF REPORT CITY COUNCIL DATE: October 6, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Gun Violence Prevention Policies Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will receive a report on the regulatory framework for concealed and open carry firearms, firearm dealerships, firearm storage, and gun violence restraining orders. The report will also detail regulations local governments may enact to prevent or curtail gun violence. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: On June 9, 2020, the City Council requested an informational report on gun violence prevention. Specifically, the City Council requested a report detailing the regulatory framework for concealed and open carry of firearms, firearm dealerships, firearm storage, and firearm violence restraining orders. This report will detail Federal and State regulations as well as local regulatory options local governments may enact to prevent or curtail gun violence. Concealed Carry State law permits individuals with a Concealed Carry Weapon (CCW) License to carry a concealed, loaded firearm in certain areas. There are very limited circumstance s where an individual can carry a loaded concealed firearm without this license, including circumstances where an individual has filed a restraining order and reasonably believes they require a firearm for their own protection. Peace officers, active or honorably retired, may carry concealed firearms in public without a concealed carry permit. CCW licenses are issued through county or city law enforcement agencies who may 8.1 Packet Pg. 247 Page 2 of 4 issue a license only after proving the applicant (1) clears a background check provi ng they are not prohibited by Federal or State law from possessing, receiving, owning, or purchasing a firearm; (2) demonstrates that good cause exists for the issuance of a license; (3) meets any residency requirements; and (4) successfully completes a fi rearm safety course (eight hours for new licenses, four hours for renewals). The issuing agency may require a psychological test for an applicant. The CCW license application must not take longer than 90 days or 30 days once the background check portion ha s been completed. The issuing agency has the discretion whether to issue a CCW license. If the issuing agency determines to not issue a CCW license, they must provide to the applicant a notice with the reasons for the denial. The standard CCW license is valid for two years while special licenses reserved for judges and sheriff’s employees are valid for three and four years, respectively. In Alameda County, the CCW license program is administered by the Alameda County Sheriff’s Office. CCW licensees can generally carry their firearm in most places, including counties other than that in which the license was issued. California Penal Code Section 171b prohibits the possession of a firearm within any state or local public building or at any public meeting, unless that person has a valid CCW license. The State sets restrictions on this by limiting concealed carry in schools, businesses which sell alcohol for consumption, and courtrooms. The local jurisdiction issuing a CCW license must revoke a license if it is notified by the California Department of Justice (CalDOJ) that the licensee has been prohibited from possessing firearms. Beyond these regulations, several Alameda County jurisdictions have enacted further restrictions on where individuals with CCW permits may carry a concealed weapon. Alameda County prohibits the possession of firearms on County property, while the cities of Albany, Fremont, Newark, Oakland, and Union City all specifically prohibit the carrying of firearms in their parks. Hayward prohibits them in their municipal airport. Dublin prohibits the concealed carry of weapons, including firearms, in the City Council Chambers. However, duly appointed peace officers and any person who receives a waiver from the Chief of Police may be exempted from these provisions. Open Carry The State generally prohibits the open carry, or visible carry, of a firearm. However, peace officers, military personnel, and licensed hunters may openly carry a firearm under certain circumstances. Sheriffs of rural counties (<200,000 population) may issue open carry licenses, akin to CCW licenses. Those licenses are, however, only valid in said rural county. This provision does not apply to Alameda County. Firearm Dealerships The permitting and licensing of firearm dealerships require approvals at the Federal and State level and may also require additional approvals at the local government level. The Federal Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) require all gun dealers to apply for a license to sell firearms. 8.1 Packet Pg. 248 Page 3 of 4 The CalDOJ licenses firearm dealers. The State licensing program requires firearms dealers to undergo criminal background checks and secure additional permits and licenses from the State Board of Equalization and, if required, local governments. The State requires local licenses to be either in a form set by the Attorney General or a Business License which states that it is valid for retail sale of firearms. If a local jurisdiction does not require any form of regulatory or business license or does not restrict or regulate the sale of firearms, said jurisdiction has to provide a letter stating as such to the CalDOJ during the State licensing process. Beyond this, local governments may enact further restrictions on firearm dealers to address community concerns around access and safety. Such regulations might take the form of land use regulations, permitting/licensing programs and other regulations designed to protect public safety. Firearm Loss, Theft, and Reporting California Law requires firearms dealers to report any loss or theft of a firearm or ammunition to the local law enforcement agency within 48 hours. For individuals, the State deadline to report the loss or theft of their gun is five days. This timeframe for individuals may be shortened by local ordinances. For example, the City of Berkeley requires reporting within 48 hours. Gun Storage The State of California now requires all firearms sold by a licensed dealer to include a CalDOJ-approved firearm safety device. These devices are designed to prevent the unintentional discharging of the weapon by an individual or child not authorized by the firearm owner. Firearm safety devices are not required if the person purchasing the firearm has provided proof of owning a gun safe, or they have their own firearm safety device. However, a City may require firearms to be sold with such devices regardless of the State exemption. Cities may also enact ordinances prohibiting a person from keeping a firearm in any residence unless the firearm is stored in a locked container, safe, and/or the firearm’s trigger lock is engaged. These ordinances do not prohibit a person from carrying such a weapon in their residence. Similarly, the State also requires keeping a firearm in a locked container or with a trigger lock only in instances where the gun owner resides with a person who is prohibited from possessing a firearm. Outside of an individual’s residence, a city may also prohibit keeping a firearm or ammunition in an unattended vehicle unless it is secu red in a lock box and stored in an inconspicuous location (i.e. trunk). Gun Violence Restraining Orders If an individual poses a threat to themselves and/or others, family members or law enforcement officers may seek a Gun Violence Retraining Order. Issue d by local judges, these orders temporarily prohibit an individual from possessing or purchasing a firearm or ammunition, permits the police to temporality confiscate any firearms or ammunition, and sets the procedures for that person to receive back any c onfiscated firearms or ammunition. 8.1 Packet Pg. 249 Page 4 of 4 Existing Local Regulations The City’s current regulations include prohibiting the discharging of firearms within the City. The City prohibits minors from obtaining a dangerous weapon or firearm, unless they are under the direct supervision and control of an adult or parent, or if said minor is using the weapon for lawful employment or recreation. As mentioned earlier, the City generally prohibits concealed firearms within the City Council Chambers. The City has not enacted specific regulations regarding firearm dealerships or firearm storage. The City’s existing firearm dealer involves a business which also sells other outdoor sporting/hunting goods such as fishing supplies, hunting gear, and maintains an indoor firing range. This part of the business is treated as Indoor Recreation under the City’s Zoning Code. Next Steps This item is presented for informational purposes only. The City Council may provide Staff feedback on next steps, if any. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: None. 8.1 Packet Pg. 250 Item 8.1 Gun Violence Prevention Policies October 6, 2020 Background •June 9, 2020 Item 9 Request •Report detailing regulatory framework for: 1.Concealed Carry 2.Open Carry 3.Firearm Dealerships 4.Firearm Storage 5.Firearm Violence Restraining Orders •This presentation will detail these regulations as well as options local governments may enact to prevent or curtail gun violence. Concealed Carry •State law permits individuals with a Concealed Carry Weapon (CCW) license to carry a concealed, loaded firearm in certain areas. –Limits on schools, businesses that sell alcohol for consumption, and courtrooms. •Local jurisdictions can place additional restrictions on where one may carry a concealed weapon: –Public parks –Municipal airports –Other types of public property Open Carry •The State generally prohibits the open or visible carry of a firearm. –Exclusions in certain circumstances for peace officers, military personnel, and licensed hunters. •Open Carry Licenses are only issued and valid in rural counties (<200,000 population). Firearm Dealerships •The permitting and licensing of firearm dealerships requires approvals at the Federal and State level. –Local governments may enact additional restrictions through: •Land use regulations •Permitting/licensing programs •Other regulations designed to protect public safety Reporting Lost or Stolen Firearms •State law requires firearm dealers to report any loss or theft of a firearm or ammunition to local law enforcement within 48 hours. •For individuals, the deadline to report the loss or theft is 5 days. –Cities may shorten this timeframe. Gun Storage •The State requires all firearms sold by licensed dealers to include a CalDOJ approved firearm safety device. –Not required if purchaser can provide proof of owning such a device or gun safe. •Cities can require safety devices to be sold regardless of this State exemption. Gun Storage, 2 •Cities can further regulate gun storage by prohibiting the: –keeping a firearm in any residence unless the firearm is stored in a locked container, safe, or with a trigger lock engaged. –keeping a firearm or ammunition in an unattended vehicle unless its in a secured lockbox and in an inconspicuous location. Gun Violence Restraining Orders •If someone poses a threat to themselves and/or others, family members or law enforcement may seek a Gun Violence Restraining Order. •Issued by local judges, the order temporarily: –Prohibits an individual from possessing or purchasing a firearm or ammunition. –Permits the police to confiscate any firearms or ammunition. –Sets the procedures for the return of any confiscated items. Current City Regulations •City’s regulations on firearms include: –Prohibiting the discharging of firearms in the City. –Prohibiting minors from obtaining a dangerous weapon unless under the direct supervision/control of an adult, or if they are using the weapon for lawful employment or recreation. –Prohibiting concealed firearms within the Council Chambers, generally. •No specific regulations on firearm dealerships or storage. Next Steps •This item is presented for informational purposes only. •The City Council may provide feedback on next steps, if any.