Agenda packet — Dublin City Council, December 6, 2022 (part 2 of 2)

Agenda Item 6.2
DATE: November 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: SCS Dublin (PLPA-2022-00005)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:

The City Council will consider the SCS Dublin project which includes development of up to 650 residential units and up to 265,000 square feet of retail commercial development on a 76.9-acre parcel. The SCS Dublin project is the first step in implementing the Preferred Vision for the SCS Property approved by the City Council on February 15, 2022. Requested approvals include General Plan and Eastern Dublin Specific Plan Amendments, a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, and a Development Agreement. The City Council will also consider certification of a Final Environmental Impact Report.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and take the following actions: 1) adopt the R Resolution
Certifying an Environmental Impact Report and Adopting Environmental Impact Findings, Findings Regarding Alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the SCS Dublin Project; 2) adopt the R Resolution Amending
the General Plan and Eastern Dublin Specific Plan Related to the SCS Dublin Project; 3) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Stage 1 and Stage 2 Development Plans For the SCS Dublin Project; and 4) waive the reading and INTRODUCE the Ordinance Approving a Development Agreement Between the City of Dublin and SCS Development Company Related to the SCS Dublin Project.

FINANCIAL IMPACT:

The project is estimated to generate approximately $3.6 million in annual tax revenues to the City’s General Fund and over $41 million in one-time construction-related revenues, which includes $39.4 million in restricted development impact fees and $1.7 million in sales and transfer taxes to the General Fund. All costs associated with the processing of the application are paid by 827184

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the applicant.

DESCRIPTION:

Background
The subject 76.2-acre property, known as the SCS Property, is located north of I-580 between Tassajara Road and Brannigan Street and extends to the north of Gleason Drive (refer to Figure 1).

On February 15, 2022, the City Council approved the Preferred Plan for the SCS Property, which stemmed from an extensive City-led community outreach process to engage the community in appropriate land uses for the property. The outreach process included a 14-member Community Advisory Committee that held three meetings plus a series of additional meetings with individual committee members, three community meetings with a total of 75 attendees, and three community surveys with a total of 476 responses. In addition, the Planning Commission and City Council held a combined total of seven public meetings during the outreach process in which a total of 18 oral and written comments from the community were received.

The Preferred Plan, as shown in Figure 2, focuses on the following concepts:
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x Integrate Paseo and Town Square Concepts
A town square concept, to anchor the shops and
restaurants on Finnian Way, is located on the grand
paseo opening views to Mt. Diablo. To accommodate
a variety of activities (e.g., recreation, public
gardening, and native plant/pollinator meadows)
and compliment adjacent land uses, the width of the
grand paseo varies from 25 feet to 110 feet.
x
Improve Visibility and Access to the Paseo
A new north/south street located between
Brannigan Street and Tassajara Road is provided
along the east side of the grand paseo creating
greater access and activity to the public open space.

The paseo widens towards Tassajara Road inviting
pedestrians and bikes off the major arterial onto the
paseo. Generous bike and pedestrian paths connect
Gleason Drive to Dublin Boulevard.
x
Diversify Housing Types
Housing throughout the site is varied with entry-
level housing, affordable housing, and family
housing, all of which may accommodate senior
residents. Types range from traditional single-family
homes, courtyard homes, and townhomes, to
affordable apartments. The Preferred Plan envisions
a range of 500 to 550 market rate units and a 2.5-
acre site for affordable housing (70 to 150 units) for
a total of 570 to 650 units.
x
Dedicated Affordable Housing Site
A parcel to be dedicated for construction of
affordable housing is included. The site location, at
the prominent corner of Tassajara Road and Dublin
Boulevard, will serve as a gateway to the larger
neighborhood. The site is large enough to permit a
variety of affordable housing solutions, allowing the
design and amount of affordable housing to be tailored to the community’s needs. The number of units could vary substantially to respond to those needs and available funding sources. For example, units in a senior affordable housing project are typically smaller than units in a family affordable housing project and, thus, a senior project may have greater density than a family project.
x
Pedestrian-Focused Entertainment District
The entertainment district south of Dublin Boulevard is set around a large pedestrian plaza (roughly 120 feet by 300 feet,) creating a regional dining and family entertainment destination.

City Council Resolution No. 16-22 approving the Preferred Plan included the following criteria:
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1. Market rate residential housing not to exceed 550 units.

2. Finnian Way and Aviano Way extended through the project site from Brannigan Street to Tassajara Road.

3. Finnian Way frontage limited to commercial uses on the ground floor, which may be provided through a “Shop House” concept with substantive commercial space (not less than 400 square feet).

4. Housing types throughout the site that vary with entry level housing, affordable housing, and family housing. Types range from traditional single-family homes, courtyard homes, town homes, and affordable apartments.

5. A combination of inclusionary for-sale units and a Public/Semi-Public parcel dedicated for affordable housing.

Note: The addition of inclusionary for-sale units requires consideration of the economic impacts. The combination of a dedicated site and inclusionary units could require alternative funding sources to make the Preferred Plan an economically viable plan.

This funding could come from a variety of sources and would be negotiated as part of the future development application.

6. A town square concept to anchor the shops and restaurants on Finnian Way. The town square is located on the grand paseo opening views to Mt. Diablo. The paseo connects the square to the residential areas south and north of Finnian Way.

7. The entertainment district south of Dublin Boulevard is set around a large pedestrian plaza (roughly 120 feet by 300 feet) creating a regional dining and family entertainment destination.

Proposed Project
The proposed project takes the first step in implementing the Preferred Plan for the property. SCS Development Co. (the Applicant) is seeking the following entitlements:
x General Plan and Eastern Dublin Specific Plan (EDSP) Amendments x Planned Development Rezone with Stage 1 and Stage 2 Development Plans x Development Agreement
The project includes a combination of commercial/retail and residential uses, including two types of retail experiences. The first is a neighborhood, main-street experience. This area can accommodate up to 40,000 square feet of small retail shops along an extended Finnian Way, which would then connect to the Shops at Waterford. The second is envisioned to be a more regional, retail experience focused on entertainment uses, south of Dublin Boulevard. This area is proposed for up to 225,000 square feet of uses. In total, the proposed project includes development of up to 265,000 square feet of commercial/retail uses.

A variety of housing types are proposed by the Applicant, including affordable housing, single- family units, and housing for entry-level buyers, with up to 550 market rate units and up to 100 affordable units.

Additional discretionary approvals are required to implement the project; however, they are not requested at this time. Those include approval of: 1) Vesting Tentative Maps by the Planning 830187

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Commission to create the individual development parcels and identify those areas that would be reserved as open and/or common space, easements to provide access through the project site, preliminary grading, drainage, stormwater management and utilities, and adjacent right-of-way improvements; 2) Site Development Review Permits by the Planning Commission for the architectural and site plan details; and 3) a Master Sign Program/Site Development Review Permit by the Community Development Director for the commercial signage.

Analysis
GGeneral Plan/Eastern Dublin Specific Plan Amendments
The project site has several existing General Plan and Eastern Dublin Specific Plan (EDSP) land use designations as shown in Figure 3 and Table 1 below. Most of the site is currently designated General Commercial with varying densities of residential along Brannigan Street and Gleason Drive. The General Plan and EDSP allow a density range 565,627-1,672,704 square feet of commercial development and 151-464 residential units on the subject property, not including the Public/Semi-Public parcel. As summarized in Table 1 below, the EDSP assumed mid-density for residential development of 261 units and 902,563 square feet of commercial uses.

Figure 3. Existing Land Use Designations
Table 1. Eastern Dublin Specific Plan Anticipated Development Land Use Designations Acres Res. Units Commercial sq. ft.

General Commercial 60.3 -- 846,153
Neighborhood Commercial 3.7 -- 56,410
Medium Density Residential 4.3 43 --
Medium High Density Residential 5.3 106 --
High-Density Residential 3.2 112 --
Public/Semi-Public 3.3 -- --
Total 80.11 261 902,563
1The actual project acreage is 76.2 acres.
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To accommodate the proposed project and implement the Preferred Plan, the Applicant proposes to modify the existing land use designations. The proposed new General Plan and EDSP land use designations include the following: General Commercial, Medium Density Residential, Medium- High Density Residential, Parks/Public Recreation and Public/Semi-Public. The location and densities of the proposed land uses are shown in Figure 4 and Table 2 below.

F
Figure 4. SCS Dublin Proposed Land Uses
Table 2. SCS Dublin Proposed Land Uses
Land Use Designations
Gross
Acres
Res.

Units Du/Acre
Floor Area
Ratio Commercial sq. ft.

General Commercial 29.4 40 -- 0.19 - 0.38 265,000
Medium Density
Residential 17 150 8.8 --
Medium High Density
Residential 21.1 360 17.1 --
Parks/Public Recreation 2.5 -- -- --
Public/Semi-Public 3.8 100 26.3 --
Total 73.81 650 265,000
1 The actual project acreage is 76.2 acres which includes the proposed public streets (Finnian Way, Aviano Way and Diablo View Drive).

In addition to the changes to the land use designations, other minor amendments to the General Plan and EDSP are necessary for consistency. The amendments include modifications to the public rights-of-way, such as the vacation of Northside Drive, extension of Brannigan Street south of Dublin Boulevard, extensions to Finnian Way and Aviano Way through the project site, and the addition of a new public street along the Park/Public Recreation land use (e.g., the grand paseo).

The resolution approving these amendments is included as Attachment 8.

Planned Development Rezone with Stage 1 and Stage 2 Development Plans The property is currently zoned Planned Development (PD) (Resolution No. 104-94) adopted with the EDSP. The PD established allowable land uses and densities for each land use designation.

Development of the property is limited to the Interim Agricultural Designation until a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan is adopted. The Applicant has proposed PD Rezone with Stage 1 and 2 Development Plans for the entire project site. 832189

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Dublin Municipal Code (DMC) Chapter 8.32 establishes the intent, purpose, and requirements of Planned Development Zoning Districts. The proposed PD Zoning contains requirements that ensure the project components will be developed as a cohesive and complementary project. The Development Plan establishes the following regulations for use of the subject property in accordance with the requirements of the DMC: permitted and conditionally permitted uses; development regulations, including setbacks, densities, height limits, and parking requirements; standards and design guidelines; site plan; and other requirements which regulate the improvement and maintenance of the property. An overview of the Planned Development Zoning District for the subject property is provided below. The draft Ordinance providing the details of the proposed zoning is included as Attachment 10.

Figure 5 below shows a conceptual site plan, which organizes the property into four primary Planning Areas (PAs). The conceptual site plan serves as the Planned Development Stage 1 and 2 Site Plan. As previously noted, Vesting Tentative Tract Maps and Site Development Review Permits will be required prior to development of each residential neighborhood and commercial area and are subject to Planning Commission review and approval. Detailed design and elevation drawings will be provided at that time.

F
Figure 5. Conceptual Site Plan and Planning Areas
The maximum amount of development allowed by the proposed Planned Development Zoning District is 265,000 square feet of commercial uses and 650 residential units. The 265,000 square feet includes the following:
x 40,000 square feet of retail uses along Finnian Way
x 225,000 square feet of commercial uses south of Dublin Boulevard o 30,000 square feet of family/entertainment uses
o 40,000 square feet of retail shops/restaurants
o 75,000-square-foot hotel(s) with 140 rooms
o 80,000 square feet of recreational facility
The residential units are separated into 100 affordable units and a maximum of 550 market rate units.
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Site Plan and Development Standards
Planning Area 1: The Development Plan envisions PA-1 as an entertainment district with a combination of regional- and community-serving retail, service, and office uses, restaurants, family entertainment uses, and outdoor plazas for a total of 225,000 square feet of commercial uses. Of this, an approximately 80,000-square-foot entertainment driving range is envisioned (based on the Applicant’s preliminary discussions with Topgolf, a private sports entertainment company). PA-1 may also include a 140-room hotel.

Access to PA-1 would be provided directly from Tassajara Road and Brannigan Street. Brannigan Street, which is currently a private road south of Dublin Boulevard that serves the Grafton Station shopping center, may become a public street to accommodate this access as part of the project.

Northside Drive, which currently extends east from Tassajara Road to the stormwater detention basin on the south side of Grafton Plaza is proposed to be vacated; however, access to the project site where Northside Drive intersects with Tassajara Road would be maintained as a project entrance.

Buildings along Dublin Boulevard would be built around an outdoor plaza to promote outdoor dining and community gathering. A large entertainment use (potentially Topgolf) is envisioned to occupy the southern half of PA-1. The maximum height for the buildings in PA-1 would be 74 feet, which is intended to accommodate the potential hotel. The typical commercial tenant surrounding the outdoor plaza would likely be under 40 feet in height. The poles and netting associated with the Topgolf facility would be up to 190 feet in height.

The parking requirement for the mix of uses would default to the requirements for each land use as stated in the Zoning Ordinance. The parking in PA-1 is intended to be shared by all commercial users.

Planning Area 2: The commercial area of PA-2 focuses on the neighborhood main street experience anchored by a town square. This area would accommodate up to 40,000 square feet of small retail shops, small office spaces, and specialty restaurants along the extension of Finnian Way, which would then connect to the Shops at Waterford. Up to 40 residential units would be located above or behind the retail shops along Finnian Way.

The town square is located at the end of the grand paseo which runs through PA-2 and PA-3 to the north. The grand paseo is envisioned to accommodate a variety of activities and complement adjacent land uses. A midblock pedestrian crossing on Central Parkway is proposed to provide direct pedestrian access linking the grand paseo in PA-2 and PA-3.

Vehicular access to PA-2 would be from Tassajara Road, Central Parkway, Branigan Street, and Finnian Way. No vehicular access from Dublin Boulevard is proposed.

The residential area of PA-2 consists of 290 attached townhomes, 40 shophouse units along Finnian Way and 100 multi-family affordable housing units. A shophouse is a building type serving both as a residence and ground floor commercial business and the proposed shophouse units have been incorporated to support activation of the commercial area along Finnian Way. As outlined by 834191

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City Council Resolution No. 16-22 in their approval of the Preferred Plan, the minimum size of the commercial spaces associated with the shophouses was to be 400 square feet. The Planned Development proposes to reduce this requirement to 350 square feet.

Planning Area 3 and 4: PA-3 and PA-4 are designed to support residential and the northern portion of the grand paseo. Collectively they consist of up to 150 single family residences and 70 townhomes. Access to PA-3 would be provided off Brannigan Street, Central Parkway and Tassajara Road. Aviano Way would extend through PA-3 from Brannigan Street to Tassajara Road and intersect with the new north/south street along the grand paseo. Access to PA-4 would be from a single driveway on Gleason Drive.
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Permitted, Conditional, and Temporary Land Uses
The permitted and conditionally permitted uses would vary between the different Planning Areas.

An overview of the types of uses for each Planning Area is provided in Table 3 below.

TTable 3. Overview of Allowed Uses
Planning
Area (PA) Permitted Uses Conditional Uses Temporary Uses PA-1 Offices
Restaurants
Personal Services
Indoor/Outdoor Recreation
Plant Nursery
Laboratory
Health Services/Clinic
Comedy Club
Hotel/Motel
Service Station
Theater
General Retail
Animal Hospital
Car Wash/Detail
Repair Shop
Arts and Craft Fair
Christmas Tree Lo
t
Farmer’s Market
Festival/Street Fair
Outdoor Skating Rink
Pumpkin Sales Lot
PA-2 Single Family Residential
Multi-Family Residential
Accessory Dwelling Units
Restaurants
Personal Services
General Retail
Office
Indoor Recreation
Outdoor Recreation
Plant Nursery
Laboratory
Animal Day Care
Comedy Club
Arts and Craft Fair
Christmas Tree Lo
t
Farmer’s Market
Festival/Street Fair
Outdoor Skating Rink
Pumpkin Sales Lot
PA-3 and
PA-4
Single Family Residential
Multi-Family Residential
Accessory Dwelling Units
Home Occupations
Community Facility
Bed and Breakfas
t Model Home Complex
In response to a concern raised at the Planning Commission meeting on October 25, 2022, regarding allowing night clubs as a conditionally permitted use in PA-2c, this use has been removed from the list of conditional uses.

Architectural Standards
The proposed architectural standards provide the framework for future Site Development Review Permits. The architecture for the project is characterized by clean, simple lines using natural materials and neutral color palette. The architectural criteria highlight the nuances of each Planning Area, but also require that the development, as a whole, reflects the following standards:
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x Employ high quality materials to provide visual interest in the project and to complement its surroundings.
x Use diversity of textures in the building finishes providing a varied and interesting base form for the buildings.
x Incorporate features such as different wall planes, heights, wall textures, roof elements, roof forms, light fixtures, and landscaping to contribute layers of detail at the pedestrian level.
x Employ architectural details that extend around all sides of buildings, including rear elevations when visible to perimeter public streets.

Conceptual architecture for the residential and commercial areas is included in the PD and is provided in Figures 6 and 7 below.

FFigure 6. Residential Conceptual Architecture
Figure 7. Commercial Conceptual Architecture
Project Phasing
The project is proposed to be constructed in two primary phases as shown in Figure 8 below. 837194

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FFigure 8. Phasing Plan
The first phase would include the commercial area of PA-2, followed by development of the residential portion of PA-2, PA-3 and PA-4 and the commercial area of PA-1. The proposed phasing plan addresses the development needs of the Applicant and the interests of the City. To ensure that the residential portions of the project do not wholly develop in advance of the retail/commercial corridor along Finnian Way, a restriction has been imposed in the Planned Development Zoning and Development Agreement that no building permits shall be issued for a for-sale, market rate residential unit on any portion of the site until a building permit has been issued for the construction of a non-residential building within the Finnian Way commercial area in PA-2c.

Depending on market conditions, the development of each area within Phase 2 may not happen simultaneously.

Inclusionary Zoning Regulations
Pursuant to the City’s Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal Code), developments of more than 20 residential units are required to set aside 12.5% of the units in the project as affordable units. The Inclusionary Zoning Regulations allow the payment of fees in-lieu of constructing 40% of the inclusionary units and provides additional alternative methods of compliance with these requirements. As previously stated, the City Council’s approval of the Preferred Plan included criteria to include a combination of inclusionary for-sale units and a Public/Semi-Public parcel dedicated for affordable housing.

The proposed project includes up to 550 market rate units, which generates an inclusionary requirement of 69 affordable units. The proposed Development Agreement establishes the Applicant’s proposed method of satisfying the City’s Inclusionary Zoning Regulations. The proposed “alternative method of compliance” for the 69 affordable units includes: 1) the option of constructing five moderate income, for-sale, townhome units on-site or through the payment to a first-time homebuyer program specifically used for this project; 2) production of and deed restriction of approximately 100 (and not less than 85) detached accessory dwelling units with half in the moderate-income category and half in the low-income category; and 3) the option of either the completion of an affordable housing project on the Public/Semi-Public site or the dedication of the Public/Semi-Public site to the City or the City’s designee. Prior to dedication, the developer would be required to complete the rough grading of the site and associated improvements including street frontage improvements such as curb, gutter, sidewalk, landscape, 838195

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irrigation, and access roadways.

The draft Ordinance approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the SCS Dublin Project is included as Attachment 9.

DDevelopment Agreement
The Applicant has requested approval of a Development Agreement for the project. The Development Agreement would provide security to the Applicant that the City will not change its zoning and other laws applicable to the project for a stated period of time. Additionally, it is a mechanism for the City to obtain commitments from the Applicant that the City might not otherwise be able to obtain. The details of the Development Agreement can be found in Attachment 11. The main points are highlighted below.

Affordable Housing
The Development Agreement establishes the project’s proposed “alternative method of compliance” for the 69 affordable units as outlined in the Inclusionary Zoning Regulations section above.

Community Benefit Payment
The Development Agreement includes a community benefit payment with an initial installment of $1,500,000. The amount of subsequent community benefit payments is based on whether a Community Facilities District (CFD) is created. A CFD is a special tax district which would allow the property owner to impose a tax to fund services, public improvements, or infrastructure. If a CFD is created, the amount of the subsequent installments would be 10% of the aggregate face value of any bonds issued.

Community Center
The Development Agreement establishes a requirement for the project to provide a community center, which would include dedication of a fully improved retail space on Finnian Way to be used by the City as event space and for City programming. This space will contribute to the City’s effort to develop community event space and indoor recreational space as identified in the City’s Public Facility Fee Program and Parks and Recreation Master Plan. The event space is required to be approximately 1,800 square feet.

Vacation of Northside Drive
As part of the Development Agreement, the City would agree to vacate Northside Drive for the acquisition of the land by the Applicant at fair market value.

Extension of Brannigan Street
The Development Agreement would require the Applicant to construct the extension of Brannigan Street south of Dublin Boulevard, which includes acquiring the necessary rights from the property owner.

Project Phasing
The Development Agreement reinforces the construction phasing requirements for the project as 839196

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outlined in the Project Phasing section above.

The draft Ordinance approving the Development Agreement is included as Attachment 10 with the Development Agreement itself as Attachment 11.

FFiscal Analysis
The General Plan requires that the “fiscal impact of new residential development in the Eastern Extended Planning Area supports itself and does not draw upon and dilute the fiscal base of the remainder of the city.”
The Eastern Dublin Specific Plan expands upon this policy through the following Financing Goal:
“New development in the Specific Plan area should pay the full cost of infrastructure needed to serve the area and should fund the costs of mitigating adverse impacts on the City’s existing infrastructure and services.” To thoroughly evaluate the fiscal impact of the proposed SCS Dublin project, the City engaged the services of Keyser Marston Associates (KMA) to prepare a Fiscal Analysis of the project. The Fiscal Analysis (Attachment 12) confirmed that the project would be fiscally neutral or better.

Project Consistency with the General Plan and Zoning Ordinance The proposed project is consistent with the General Plan and ESDP as amended. The General Plan allows for a variety of residential and commercial uses in this area of Dublin which the proposed project will achieve. The General Plan encourages projects to relate well to surrounding development, and the proposed project is compatible with the surrounding neighborhood that includes residential, public park, commercial retail, and office uses.

The proposed project is consistent with the EDSP which states that regionally oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin. The EDSP provides for a variety of commercial uses as outlined in the Town Center – Commercial subarea and a mix of housing types, which is strongly encouraged in the Town Center – Residential subarea.

Airport Influence Area (AIA)/Overlay Zoning District
The majority of the site, excluding the most northerly portion, is located within the Airport Influence Area (AIA)/Overlay Zoning District. This area is designated as an area in which current or future airport-related noise, overflight, safety, and/or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses. The AIA is a designation by the Alameda County Airport Land Use Commission (ALUC).

All permitted and conditionally permitted uses set forth in a Planned Development Zoning District that was adopted and in effect prior to August 2012 are considered to be “Existing Land Uses” pursuant to the Livermore Municipal Airport Land Use Compatibility Plan (ALUCP). This would include all uses allowed by the existing Planned Development Zoning Resolution No. 104-94. The Alameda County ALUC has no authority over Existing Land Uses unless changes to an Existing Land Use results in an increase of nonconformity with ALUCP policies. The proposed Planned Development Zoning District does not include any new land uses beyond what was allowed in the 840197
existing Planned Development Zoning District. More specifically, the existing and proposed Planned Development Zoning District allows a variety of residential and commercial uses, including assembly land uses such as a hotel, recreational facilities, and other similar uses.

Eastern Dublin Scenic Corridor Standards and Policies – EDSP The Eastern Dublin Scenic Corridor Policies and Standards document was adopted by the City Council in 1996 as a means of implementing the requirements of the Eastern Dublin Specific Plan.

The Scenic Corridor policies establish standards for projects within the scenic corridor viewshed.

Along the I-580 corridor, the document identified three critical viewpoints of Dublin’s “Visually Sensitive Ridgelands,” of which Viewpoint
2 looking northeast to the ridgelands from the
Tassajara Road/I-580 overpass applies to the project.

Viewpoint 2 requires that developments maintain generally uninterrupted views and have structures that do not extend above the horizon of the Visually Sensitive Ridgelands and block the view of more than 25% of the total horizon line. The Environmental Impact Report (EIR) prepared for the project provides a detailed analysis of the project’s impacts to the viewpoint and finds that the proposed development (including the potential Topgolf facility and tallest building at 74 feet, the hotel) does not obscure the view of the horizon of the Visually Sensitive Ridgelands.

As shown in updated Figure 5-1: Rendering of Topgolf Building Massing for Viewpoint 2, contained in the EIR, the Topgolf poles and netting are semi-transparent and extend above the Visually Sensitive Ridgeland providing a direct view to the Visually Sensitive Ridgelands for more than 25% of the total horizon line.

Semi-Public Facilities Policy - EDSP
In 2004, the City Council adopted a Semi-Public Facilities Policy that requires the consideration of opportunities for cultural, education and other community services when reviewing amendments to the land use map of the General Plan and EDSP. The purpose of the Semi-Public Facilities Policy, among others, was to create a greater sense of community, enrich community identify, increase public access to community services and anticipate the needs of Dublin’s diverse community.

The policy applies to all General Plan and EDSP Amendments which involve 150 or more single- family housing units and/or 250 or more medium density or greater units. The policy establishes various standards which encourage, but do not require, the inclusion of a Semi-Public Facilities at a rate of one acre per 1,000 residences. The proposed project is estimated to generate a population of 1,755 persons (1.75 acres). To meet the intent of the City’s policy, the proposed project proposes approximately 3.8 gross acres in PA-2 north of Dublin Boulevard on the Tassajara Road frontage for Public/Semi-Public uses. Public/Semi-Public allows for a combination of public facility and semi-public facility land uses including the development of housing when it is developed by a non-profit entity and serves to meet affordable housing needs of an underserved economic segment of the community. Affordable housing within the Public/Semi-Public designation would consist of up to 100 residential units.

Town Center Priority Development Area
The proposed project is located within the Dublin Town Center Priority Development Area (PDA).

This PDA is composed of a mix of housing types, including single-family detached, town homes, and apartments and surrounds the commercial core for eastern Dublin. The proposed project

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supports the goals of the PDA through the development of residential and commercial uses.

Transportation Impact Analysis Guidelines
The City of Dublin Transportation Impact Analysis (TIA) Guidelines require a local transportation analysis (LTA) for all General Plan Amendments to evaluate potential impacts on the circulation network focusing primarily on local access and circulation in proximity to a project site. Per the TIA Guidelines, this analysis is required for conditions of approval and is outside the CEQA review process. Although the currently requested entitlements do not allow for the inclusion of conditions of approval, an LTA was completed to evaluate the proposed land use changes. The recommended improvements include adjusting signal timing and cycle lengths at four intersections as outlined in the LTA and will be considered with the review of future Site Development Review Permit(s) and Tentative Tract Map(s) and made conditions of approval at that time. The LTA is included as Attachment 13 with the Appendices available for review on the City’s Development Activity webpage under the SCS Dublin project: https://dublin- development.icitywork.com/.

ENVIRONMENTAL DETERMINATION:

On April 2, 2022, the City issued a Notice of Preparation for an Environmental Impact Report (EIR) and held a public scoping meeting on April 13, 2022. The City received nine letters regarding the scope of the EIR. Subsequently, a Draft EIR (Attachment 2) was prepared for the proposed project and circulated for a 45-day public review period. The comment period was open from July 22, 2022, to September 6, 2022. The City received eight comment letters during the public review period. Reponses have been prepared for each of the comments received by the City.

The Draft EIR, comments and associated responses, and changes and clarifications to the Draft EIR constitute the Final EIR (Attachment 3).

The Draft EIR examined potential environmental impacts resulting from the project in the following topic areas:
x Aesthetics *
x Biological Resources *
x Cultural and Tribal Resources *
x Geology and Soils *
x Noise & Vibration *
x Hazards and Hazardous Materials *
x Energy
x Greenhouse Gas Emissions
x Hydrology and Water Quality
x Land Use & Planning
x Population and Housing
x Public Services and Utilities
x Air Quality
x Transportation
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The Draft EIR classifies the environmental impacts as follows:
x Class I are significant and unavoidable
x Class II can be reduced to less than significant with mitigation x Class III are less than significant and do not require mitigation The Draft EIR excluded the two topics, Agricultural and Forestry Resources and Mineral Resources, from detailed analysis as the project site does not support agricultural and forestry resources or mineral resources. In summary, the Draft EIR concludes that the project will have potentially significant impact in six of the 16 topic areas (noted above with an asterisk) and mitigation measures have been prepared to reduce the impacts in these areas to a level that is less than significant (Class II).

There were no potentially significant impacts identified for the six topics areas (underlined above) and, therefore, no mitigation is required (Class III).

Similar to other infill projects of this size, impacts were identified where, even with the implementation of mitigation measures, the effects to the environment would still be expected to be significant (Class I). The identified impacts, noted in italics above, include air quality and transportation. Although mitigation measures were prepared to reduce the level of the impact, the impacts could not be fully reduced to less than significant in all instances.

An overview of all the topic areas is provided below.

Aesthetics
To address potential aesthetic impacts that might result from the project, a photo simulation from the I-580 overcrossing looking northeast to the ridgelands was prepared and compared to existing conditions. The Draft EIR concluded that the project would not adversely impact views from a scenic vista or substantially alter the existing visual character because the building heights, massing and materials are generally consistent with the surrounding land uses. In addition, the EIR concluded that the project would not result in impacts to Visually Sensitive Ridgelands identified in the Eastern Dublin Scenic Corridor Policies and Standards. Potential impacts associated with light and glare were identified. The Draft EIR identifies mitigation measure to reduce the impact to a level of less than significant.

Air Quality
The Draft EIR identifies potentially significant impacts to air quality and includes mitigation measures. Although mitigation measures were prepared to reduce the impact to a less-than- significant level, the impacts could not be fully mitigated in all instances. The project’s construction air quality emissions would exceed air quality thresholds established by the Bay Area Air Quality Management District for nitrogen oxides (NOx) emissions. The predominant source of NOx emissions would be construction activities (i.e., emissions associated with the transport of machinery and supplies to and from the project site, emissions produced on-site as the equipment is used, and emissions from trucks transporting materials and workers to and from the site) and mobile sources (i.e., project generated vehicle trips). The project also results in operational air 843200
quality emissions exceeding air quality thresholds established by the Bay Area Air Quality Management District for nitrogen oxides (NOx) and reactive organic gases (ROG) emissions. To reduce the emissions associated with mobile sources, a Transportation Demand Management (TDM) plan is required for all uses.

Biological Resources
The project site contains approximately 77 acres of non-sensitive ruderal habitat composed of primarily of disced and mowed areas of disturbed vegetation. These biological communities are not considered sensitive natural communities or riparian habitat. The Draft EIR identifies other biological resources such as wetlands and special status species (e.g., Congdon tarplant, saline clover, burrowing owl, white-tailed kite, etc.) that would be impacted by the project and, therefore, identifies mitigation measures to reduce the project’s impact on these biological resources to a level of less than significant.

Cultural and Tribal Resources
The project site is not listed as a historic site or a tribal resource. Nonetheless, there is always the possibility that previously unknown historic resources exist below the ground surface within the project site. As such, development of the project site was determined to have a potentially significant impact. The Draft EIR identifies mitigation measures to reduce the impact to a level of less than significant.

Energy
There were no potentially significant impacts identified for energy and, therefore, no mitigation is required.

Geology and Soils
Geologic-related impacts from development are site-specific and, if properly designed, would not result in worsening of the environment or public health and safety impacts. As part of the building permit application, the Applicant is required to submit a design-level geotechnical report. This report would provide recommendations on the appropriate level of soil engineering and building design necessary to minimize ground-shaking hazards. The Draft EIR builds off these existing requirements and requires the Applicant to submit a design-level geotechnical report to the City of Dublin for review and approval and implement recommendations under the approved report. The implementation of this mitigation measure would ensure that the project impacts would be less than significant.

Greenhouse Gas Emissions
There were no potentially significant impacts identified for greenhouse gas emissions and, therefore, no mitigation is required.

Hazards and Hazardous Materials
As previously noted, the project site is vacant except for seasonal uses. The Draft EIR identified a limited amount of hazardous materials on the project site, including two five-gallon buckets of petroleum hydrocarbon, stained soils, and solid waste debris. As such the Draft EIR identified a mitigation measure to reduce this impact to less than significant.

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844201

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Hydrology
There were no potentially significant impacts identified for hydrology and, therefore, no mitigation is required. Projects, such as the proposed project, involving construction on sites that are one acre or more are required by regulation to prepare and implement a Stormwater Pollution Prevention Plan that specifies how the discharger will protect water quality during construction activities
Land Use
There were no potentially significant impacts identified for land use and, therefore, no mitigation is required.

Noise
The Draft EIR identified potentially significant noise impacts related to project construction in the short term as well as longer-term noise exposure of future residents to traffic noise from the adjacent City streets. Accordingly, the Draft EIR identifies mitigation measures, including the regulation of construction equipment and the requirement for an acoustical study demonstrating all residential units would meet the City’s noise standards. These mitigation measures would reduce the project noise impacts to a level of less than significant.

Population and Housing
There were no potentially significant impacts identified for population and housing and, therefore, no mitigation is required.

Public Services and Utilities
There were no potentially significant impacts identified for public services and utilities and, therefore, no mitigation is required.

Transportation
Starting on July 1, 2020, agencies analyzing transportation impacts of new projects must now look at a metric known as vehicle miles traveled (VMT) instead of level of service (LOS). VMT measures how much actual auto travel (additional miles driven) a proposed project would create on California roads. If the project adds excessive car travel onto roads, the project may cause a significant transportation impact.

The project includes a mix of residential, local-serving retail and regional retail/recreation. The market-rate residential component of the project is anticipated to be below the established VMT threshold and, therefore, considered to result in a less than significant impact. In addition, per City of Dublin TIA Guidelines Section 4.2.2, if a project contains less than 100% affordable housing, the portion that is affordable housing should be screened out of needing a detailed VMT analysis.

Therefore, the impact on VMT from the affordable housing component of the project is less than significant. Local-serving retail primarily serves preexisting needs (i.e., it does not generate new trips because it meets existing demand). Essentially, the assumption is that someone would travel to a newly constructed local-serving store because of its proximity and, therefore, this trip on the roadway network becomes shorter. As a result, local serving retail would most likely provide shorter trip options to pre-existing and on-site project induced needs for these goods and services. 845202

Page 20 of 21 ends

The Topgolf component of the project is categorized as regional retail/recreation and would result in an increase in VMT to the planning area resulting in a significant impact. To address the impact, a Transportation Demand Management (TDM) plan is required for the Topgolf facility. Although mitigation measures were prepared to reduce the impact, it could not be fully reduced to less than significant in all instances.

The City Council resolution certifying the Final Environmental Impact Report is included as Attachment 1. To approve the project, the City Council must make findings regarding significant impacts and mitigation measures (Attachment 4), findings concerning infeasibility of alternatives and potential additional mitigation measures (Attachment 5) and will need to adopt a Statement of Overriding Considerations (SOC) (Attachment 6) that identifies all environmental impacts that cannot be mitigated and explains why the benefits of the project outweigh its unavoidable environmental impacts. The Mitigation Monitoring and Reporting Program is included as Attachment 7. The SOC is required in order to approve the project, if desired by a majority of the City Council.

PLANNING COMMISSION REVIEW:

The Planning Commission held a study session on September 27, 2022 and received presentations by Staff and the Applicant on the proposed project. The Planning Commission then held a public hearing and considered the project at their regular meeting on October 25, 2022. The Commission asked questions regarding the affordable housing proposal, mitigation measures for impacts to biological resources, fiscal analysis, and water supply. The Planning Commission adopted Resolution No. 22-13 (Attachment 14) unanimously recommending the City Council certify the Final EIR and approve the proposed amendments to the General Plan and Eastern Dublin Specific Plan, a Planned Development Rezone with Stage 1 and 2 Development Plans and a Development Agreement related to the SCS Dublin Project.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

Two City-led Community Meetings were held on September 14 and 15, 2022 to provide Dublin residents with information about the proposed SCS Dublin project. In addition to Staff and the Applicant, 24 residents attended the meeting on September 14. Six residents attended the meeting on September 9. Staff provided a presentation that included an overview of the City’s development review process and the proposed project. Questions were asked about the number of students the project would generate and general impacts on the schools, parking, potential for increasing the commercial area, and potential impacts to access of Grafton Station, Lowe’s, and the water quality basin at the terminus of Northside Drive.

In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and upcoming public hearing. A public notice was also published in the
East Bay Times and posted at several locations throughout 846203

Page 21 of 21 ends

the City. A Planning Application sign was posted on the project site and the project was also included on the City’s Development Projects webpage. A copy of this Staff Report has been provided to the Applicant and the City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Certifying an Environmental Impact Report and Adopting Environmental Impact Findings, Findings Regarding Alternatives, a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the SCS Dublin Project 2) Exhibit A to the Resolution – Draft Environmental Impact Report 3) Exhibit B to the Resolution - Final Environmental Impact Report 4) Exhibit C to the Resolution – Findings Concerning Significant Impacts and Mitigation Measures 5) Exhibit D to the Resolution – Findings Concerning Infeasibility of Alternatives and Potential Additional Mitigation Measures
6) Exhibit E to the Resolution - Statement of Overriding Considerations 7) Exhibit F to the Resolution – Mitigation Monitoring and Reporting Program 8) Resolution Amending the General Plan and Eastern Dublin Specific Plan Related to the SCS Dublin Project
9) Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with Stage 1 and Stage 2 Development Plans For the SCS Dublin Project 10) Ordinance Approving a Development Agreement Between the City of Dublin and SCS Development Company Related to the SCS Dublin Project
11) Exhibit A to the Ordinance - Development Agreement
12) Fiscal Analysis
13) Local Transportation Analysis
14) Planning Commission Resolution No. 22-13
847204

STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 4.9
DATE: December 6, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Planned Development Zoning Amendment for Dublin Transit Center Sites D- 2 and E-2 and Hacienda Crossings Shopping Center (PLPA-2022-00036) Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:

On November 15, 2022, the City Council approved the 2023-2031 Housing Element and adopted related amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan. The City Council also waived the first reading and introduced companion Ordinances approving the Planned Development Zoning for Sites D-2 and E-2 at the Dublin Transit Center and Hacienda Crossings shopping center. The City Council is now being asked to waive the second reading and adopt the Ordinances.

STAFF RECOMMENDATION:

Waive the reading and adopt the Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for Sites D-2 and E-2 of the Dublin Transit Center; and waive the reading and adopt the Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for the Hacienda Crossings Shopping Center.

FINANCIAL IMPACT:

In July 2020, the City Council approved 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 cost to prepare the Housing Element Update will be offset in part by grants totaling $401,436, including $55,000 from an approved Senate Bill 2 Planning Grant, $300,000 from the Local Early Action Planning (LEAP) Grant Program, and $46,436 from the Regional Early Action Planning (REAP) Grant Program. The City’s Fiscal Year 2022-23 Budget sufficiently covers the remaining cost.
205

Page 2 of 3 ends

DESCRIPTION:

On November 15, 2022, the City Council: 1) adopted Resolution No. 133-22 adopting an Initial Study/Negative Declaration; approving the 2023 – 2031 Housing Element, associated amendments to the General Plan, including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, and associated amendments to the Eastern Dublin Specific Plan; and authorizing Staff to submit the Housing Element to the California Department of Housing and Community Development for certification; 2) adopted Resolution No 134-22 amending the Downtown Dublin Specific Plan to specify residential units on three Housing Element sites are allowed by right and not subject to the Development Pool or Community Benefit Program; 3) waived the reading and introduced the Ordinance approving amendments to the Planned Development Zoning Stage 1 Development Plan and approving a Stage 2 Development Plan for Sites D-2 and E-2 of the Dublin Transit Center; and 4) waived the reading and introduced the Ordinance approving amendments to the Planned Development Zoning Stage 1 Development Plan and approving a Stage 2 Development Plan for the Hacienda Crossings shopping center. Please refer to the November 15, 2022 City Council staff report for a complete discussion of these actions (Attachment 3).

The City Council is being asked to waive the second reading and adopt the Ordinances provided as Attachments 1 and 2.

ENVIRONMENTAL DETERMINATION:

Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) for the proposed project. The IS/ND was available for public review between October 4, 2022, and November 2, 2022. The City of Dublin received minor comments from the Dublin San Ramon Services District and Zone 7 regarding the “Utilities and Service Systems” and “Hydrology and Water Quality” sections of the IS/ND. On November 15, 2022, the City Council adopted Resolution No. 133-22, adopting the IS/ND.

STRATEGIC PLAN INITIATIVE:

Strategy 2: Housing Affordability
Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council agenda was posted.
206

Page 3 of 3 ends

ATTACHMENTS:
1) Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for Sites D-2 and E-2 of the Dublin Transit Center
2) Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for the Hacienda Crossings Shopping Center 3) City Council Staff Report, dated November 15, 2022 (without attachments) 207
Attachment 1
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 6 ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE PLANNED DEVELOPMENT ZONING STAGE 1 DEVELOPMENT PLAN AND APPROVING A STAGE 2 DEVELOPMENT PLAN FOR SITES D-2 AND E-2 OF THE DUBLIN TRANSIT CENTER
(APNs: 986-0034-012-00 AND 986-0034-014-00)
(PLPA-2022-00036)
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City.

B. The Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community.

C. State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years.

D. The City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law.

E. The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s Regional Housing Needs Allocation (RHNA), which is included as Appendix D:

Adequate Sites Analysis in the 2023 – 2031 Housing Element.

F. After accounting for pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA, the Adequate Sites Analysis identified a “remaining need” of 755 units.

G. A portion of the remaining need is proposed to be accommodated on Sites D-2 and E-2 (APNs: 986-0034-012-00 and 986-0034-014-00) at the Dublin Transit Center.

H. On December 3, 2002, the City Council adopted Ordinance No. 21-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Dublin Transit Center, which among other approvals, established a maximum of 1,800 residential units for the Transit Center and specified Sites D-2 and E-2 shall be developed with a Campus Office use.

I. The City proposes to amend Ordinance No. 21-02 to change the allowed land use on Sites D-2 and E-2 from Campus Office to Campus Office/High-Density Residential and increase the maximum residential density from 1,800 units to 2,515 units (“the Project”). 208
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 6 J. Consistent with California Government Code Section 65352.3, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed Planned Development Zoning Amendments. None of the contacted tribes requested a consultation within the statutory consultation periods and no further action is required.

K. The California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared.

L. The City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, which found there was no substantial evidence that the project would have a significant adverse effect on the environment and, therefore, pursuant to the requirements of CEQA, the City prepared a Negative Declaration (ND), dated October 3, 2022, which reflects the City’s independent judgement and analysis.

M. The Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022.

N. The City of Dublin received minor comments from the Dublin San Ramon Services District and Zone 7 regarding the “Utilities and Service Systems” and “Hydrology and Water Quality” sections of the Initial Study/Negative Declaration.

O. On October 25, 2022, the Planning Commission reviewed the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings and adopted Resolution No. 22-14 recommending that the City Council: 1) adopt an Initial Study/Negative Declaration; 2) approve the 2023 – 2031 Housing Element and authorize Staff to submit the Housing Element to the California Department of Housing and Community Development for certification; 3) approve associated amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan; and 4) approve amendments to the Planned Development Zoning for Sites D-2 and E-2 at the Transit Center and Hacienda Crossings shopping center.

P. On November 15, 2022, the City Council held a properly noticed public hearing on the project, including the Initial Study/Negative Declaration, at which time all interested parties had the opportunity to be heard.

Q. A Staff Report, dated November 15, 2022, and incorporated herein by reference, described and analyzed the Project, including the 2023 – 2031 Housing Element, corresponding amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan, and Planned Development Zoning Stage 1 Development Plan Amendments, for the City Council.

R. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.
209
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 6 SECTION 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:

1. The Planned Development (“PD”) Zoning Stage 1 Development Plan Amendment and Stage 2 Development Plan for northern 6.42 acres of sites D-2 and all of site E-2 at the Dublin Transit Center meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that will be consistent with the General Plan and Eastern Dublin Specific Plan, as amended, and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses. The Project will allow a broader range of uses, including the potential for housing.

2. Development of the Project under the PD zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide a variety of uses for the proposed Campus Office/High-Density Residential sites. The subject parcels are surrounded by residential uses to the north and west, by undeveloped land and Interstate-580 to the south, and by commercial development and undeveloped land to the east.

B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:

1. The PD zoning for the proposed Campus Office/High-Density Residential parcels will be harmonious and compatible with existing and potential development in the surrounding area, will take into account adjacent land uses and will provide a wide range of amenities for the community within the development and the surrounding neighborhoods.

2. The conditions of the proposed Campus Office/High-Density Residential parcels are physically suitable for the uses permitted through the PD zoning in terms of type and intensity of the proposed zoning.

3. The PD zoning will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety, and welfare in that the Project will comply with all applicable development regulations and standards.

4. The PD zoning is consistent with and in conformance with the Dublin General Plan and Eastern Dublin Specific Plan, as amended, in that the proposed uses are compatible with the General Plan land use designation of Campus Office/High-Density Residential.

C. Pursuant to the California Environmental Quality Act, the City Council adopted Resolution No. 133-22 approving an Initial Study/Negative Declaration, prior to approving the Project.

SECTION 3. AMENDMENT TO EXISTING STAGE 1 DEVELOPMENT PLAN AND ADOPTION OF A STAGE 2 DEVELOPMENT PLAN
The Planned Development Zoning Stage 1 Development Plan for the Dublin Transit Center is set forth in Ordinance No. 21-02. Amendments to the Stage 1 Development Plan and standards for the Stage 2 Development Plan for the Dublin Transit Center Sites D-2a and E-2 are set forth below.
210
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 6

1. Statement of Proposed Uses. The Stage 1 DP booklet, Appendix 2, Dublin Transit Center PD Zoning and Uses on page A.6-7 is amended to add “Multi-Family Dwelling” as a permitted use on Site D-2a and all of Site E-2.

2. Stage 1 Site Plan. Amend the annotations on the Conceptual Illustrative Site Plan in the Stage 1 DP booklet on page 1.5 to state “Office and/or Multi-Family Dwellings,” rather than “Office.” Additionally, amend page 1.15 of the Stage 1 DP Booklet to designate the northern

6.42 acres of Site D-2 as Site D-2a and the southern 5.88 acres as Site D-2b, as shown below:

3. Site Area, Proposed Densities. The table titled Dublin Transit Center: Proposed Land Uses in the Stage 1 DP Book on page 1.13 is amended as follows to add the High- Density Residential land use and up to 222 units on Site D-2a and up to 493 units on Site E-2 and footnote #5.

Site Area
(gr.ac.)
Area
(net
ac.)

GP/EDSP
Land Use
Max.

Sq. Ft.

Max.

Units
FAR
(gross)
Density
(gross)
FAR
(net)
Density
(net)
Ancillar
y
Retail
Sq. Ft.

Additional
Units
D-2a 9.04 6.42 Campus
Office and/or
High-Density
Residential
496,166 222 1.26 25 1.80 35
D-2b 8.28 5.88 Campus
Office
454,433 0 1.26 0 1.80 0
E-2 11.20 7.70 Campus
Office and/or
High-Density
Residential
560,000 493 1.15 44 1.67 64
Total 90.65 65.2
5 2,000,00
0 2,21
5 70,000 300
211
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 6 Summary
d/e 38.30 26.4
0 Campus
Office and/or
High-Density
Residential
2,000,00
0 715 1.20 25-44 1.80 35-64 22,500 300
NOTES:

5. Site D-2a and all of Site E-2 allow Campus Office and/or High-Density Residential land uses. The floor area ratio applies to both development options (Campus Office and High Density Residential) and is for the combined commercial and residential uses, if residential units are incorporated, or for commercial uses if commercial is used exclusively. The floor area ratio does not apply to projects with only residential uses.

4. Phasing Plan. For the Phasing Plan, see Stage 1 DP booklet, page 1.17. Amend the legend to state “Campus Office/High Density Residential” for Site D-2a and all of Site E-2.

5. Master Neighborhood Landscape Plan. See Stage 1 DP booklet, page 2.2 to 2.41.

Amend the annotations on the “Streetscape, Open Space, & Landscape” Figures to state “Office and/or Multi-Family Dwellings,” rather than “Office.”

9. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in the Stage 1 and 2 Development Plan, the use, development, improvement, and maintenance of the property shall be governed by the Dublin Zoning Ordinance and shall comply with the Citywide Multi-Family Objective Design Standards.

SECTION 4. 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 5. POSTING OF ORDINANCE
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

SECTION 6. EFFECTIVE DATE
The Ordinance shall take effect upon certification of the 2023 – 2031 Housing Element by HCD. {Signatures on the Following Page}
212
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
213
Attachment 2
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 6 ORDINANCE NO. XX – 22

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE PLANNED DEVELOPMENT ZONING STAGE 1 DEVELOPMENT PLAN AND APPROVING A STAGE 2 DEVELOPMENT PLAN FOR

HACIENDA CROSSINGS SHOPPING CENTER
(APNs: 986-0008-009-00 AND 986-0008-010-00)
(PLPA-2022-00036)
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS
A. The State of California requires cities and counties to adopt a comprehensive, long-term General Plan for the physical development of the City.

B. The Housing Element is one of seven mandated elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community.

C. State law requires Housing Elements to be updated and certified by the California Department of Housing and Community Development (HCD) every eight years.

D. The City of Dublin prepared the 2023 – 2031 Housing Element in accordance with State law.

Adequate Sites Analysis in the 2023 – 2031 Housing Element.

F. After accounting for pipeline projects, accessory dwelling units, and existing zoning to accommodate the RHNA, the Adequate Sites Analysis identified a “remaining need” of 755 units.

G. A portion of the remaining need is proposed to be accommodated on two parcels (APNs:
986-0008-009-00 and 986-0008-010-00) at the Hacienda Crossings shopping center (formerly known as the Santa Rita Commercial Center).

H. On January 17, 1995, the City Council adopted Resolution No. 95-02 approving a Planned Development Rezone with a Stage 1 Development Plan for the Santa Rita Commercial Center, which among other approvals, established regulations for the use, improvement, and maintenance of the property.

I. The City proposes to amend Resolution No. 95-02 to add “Multi-Family Residence” as a permitted principal land use on two parcels (APNs: 986-0008-009-00 and 986-0008-010- 00) at the Hacienda Crossings shopping center, and establish a maximum of up to 594 residential units and objective design standards for the two parcels (“the Project”). 214
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 6 J. Consistent with California Government Code Section 65352.3, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed Planned Development Zoning Amendments. None of the contacted tribes requested a consultation within the statutory consultation periods and no further action is required.

L. The City prepared an Initial Study for the 2023 – 2031 Housing Element and corresponding General Plan Amendments, Specific Plan Amendments, and rezonings, which found there was no substantial evidence that the project would have a significant adverse effect on the environment and, therefore, pursuant to the requirements of CEQA, the City prepared a Negative Declaration, dated October 3, 2022, which reflects the City’s independent judgement and analysis.

M. The Initial Study/Negative Declaration was circulated for public review from October 4, 2022, through November 2, 2022.

R. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth.

SECTION 2. FINDINGS
A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows:
215
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 3 of 6

1. The Planned Development (“PD”) Zoning Stage 1 Development Plan Amendment and Stage 2 Development Plan for the two parcels at the Hacienda Crossings shopping center meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that will be consistent with the General Plan and Eastern Dublin Specific Plan, as amended, and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses. The Project will allow a broader range of uses, including the potential for housing.

2. Development of the Project under the PD zoning will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide a variety of uses for the proposed sites. The subject parcels are surrounded by residential uses to the north, by commercial development to the east and west, and by commercial development and Interstate 580 to the south.

B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows:

1. The PD zoning for the two parcels will be harmonious and compatible with existing and potential development in the surrounding area, will take into account adjacent land uses and will provide a wide range of amenities for the community within the development and the surrounding neighborhoods.

2. The conditions of the two parcels are physically suitable for the uses permitted through the PD zoning in terms of type and intensity of the proposed zoning.

C. Pursuant to the California Environmental Quality Act, the City Council adopted Resolution No. 133-22 approving an Initial Study/Negative Declaration, prior to approving the Project.

SECTION 3. AMENDMENT TO EXISTING STAGE 1 DEVELOPMENT PLAN AND ADOPTION OF A STAGE 2 DEVELOPMENT PLAN
The Planned Development Zoning Stage 1 Development Plan for the Hacienda Crossings shopping center is set forth in Resolution No. 95-02. Amendments to the Stage 1 Development Plan and standards for the Stage 2 Development Plan for the two subject parcels (APNs: 986- 0008-009-00 and 986-0008-010-00) are set forth below.

2. The permitted principal land uses are amended to add “Multi-Family Residence.”

8.J. The required parking spaces are amended to add the following parking requirements:
216
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 4 of 6

USE PARKING REQUIRED
Residential Units Per Dublin Municipal Code Section 8.76

11. The following objective design standards shall apply to Multi-Family Residences:

The Hacienda Crossings shopping center is as a pedestrian- oriented mixed-use development with service, retail, commercial, and entertainment uses serving the daily needs of nearby residential neighborhoods and the larger community. Multi-family residential development with ground floor retail/commercial uses and residential units above is strongly encouraged on two parcels within the shopping center (APNs: 986- 0008-009-00 and 986-0008-010-00). An internal street network shall be added to the shopping center with new minimum eight-foot-wide unobstructed sidewalks to accommodate pedestrian circulation and to divide large parking areas into smaller lots.

New multi-family residential and mixed-use buildings shall:

A. Form a continuous edge along the internal street network that gives definition and scale to the street where buildings are built up to and parallel to sidewalks, except deviations may provide for outdoor dining areas, entry plazas, and other outdoor gathering areas.

B. Incorporate balconies and upper story windows that open on internal streets and other outdoor gathering areas.

C. Be designed with ground floor facades fronting internal streets with at least 60 percent transparent window surface.

D. Include colorful awnings, signage, lighting, and other architectural details along facades to emphasize the pedestrian scale and experience.

The following development standards shall apply to Multi-Family Residences:

STANDARD REQUIREMENT
Access
Building Entrance
Pedestrian Access
Service Access
At least 1 public entrance per business with street
frontage shall be provided along a façade facing the
street. Locate entrances in key retail clusters close
together.

Direct pedestrian access shall be provided from the
sidewalk and parking areas, including structured
parking, to building entrances (excluding private
service entrances).

Service access must be located a minimum of 15 feet
from storefront or residential entrances.

Density Residential units are allowed at a minimum density of 48 dwelling units per acre.
217
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 5 of 6 Mixed-Use Development Ground floor retail or office shall be provided with a minimum Floor Area Ratio of 0.3.

Retail or office space shall be built along at least 80 percent of the property’s street frontage and setback
no more than 10 feet from the building setback
requirement.

Minimum height of ground floor retail/commercial to
second floor is 18 feet.

Common Useable
Outdoor Space
Common useable outdoor space for the residential
units shall be provided at a rate of 15 percent of the
site’s total area.

Height Limits 56 feet
Stories Four stories
Multi-Family Residences shall also comply with the Citywide Multi-Family Objective Design Standards.

SECTION 6. EFFECTIVE DATE
The Ordinance shall take effect upon certification of the 2023 – 2031 Housing Element by HCD. {Signatures on the Follow Page}
218
Ord. No. XX-22, Item X.X, Adopted XX/XX/22 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
219
Attachment 3

STAFF REPORT

CITY COUNCIL

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DATE: November 15, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 2023 – 2031 Housing Element and Related Amendments to the General Plan, Eastern Dublin Specific Plan and Downtown Dublin Specific Plan, and Planned Development Zoning for Dublin Transit Center Sites D-2 and E-2 and Hacienda Crossings Shopping Center (PLPA-2022-00036)
Prepared by: Michael P. Cass, Principal Planner
EXECUTIVE SUMMARY:

The City Council will consider the proposed 2023 – 2031 Housing Element and related amendments to implement the Housing Element. This includes amendments to the General Plan, Eastern Dublin Specific Plan, and Downtown Dublin Specific Plan, and amendments to the Planned Development Zoning for Sites D-2 and E-2 at the Dublin Transit Center and Hacienda Crossings shopping center. Additionally, the City Council will consider an Initial Study/Negative Declaration.

STAFF RECOMMENDATION:

Conduct a public hearing, deliberate, and: 1) adopt the Resolution Adopting an Initial Study/Negative Declaration; Approving the 2023 – 2031 Housing Element, Associated Amendments to the General Plan, Including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, and Associated Amendments to the Eastern Dublin Specific Plan; and Authorizing Staff to submit the Housing Element to the California Department of Housing and Community Development for Certification; 2) adopt the Resolution Amending the Downtown Dublin Specific Plan to Specify Residential Units on Three Housing Element Sites are Allowed by Right and Not Subject to the Development Pool or Community Benefit Program; 3) waive the reading and INTRODUCE the Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for Sites D-2 and E-2 of the Dublin Transit Center; and 4) waive the reading and INTRODUCE the Ordinance Approving Amendments to the Planned Development Zoning Stage 1 Development Plan and Approving a Stage 2 Development Plan for the Hacienda Crossings Shopping Center. 220

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FINANCIAL IMPACT:

DESCRIPTION:

Background
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 mandates that 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 Allocation (RHNA) process.

RHNA is the state-mandated process to identify the number of housing units, by affordability level, that each jurisdiction must accommodate in the Housing Element of its General Plan. On December 16, 2021, the Association of Bay Area Governments (ABAG) Executive Board adopted the Final RHNA Plan: San Francisco Bay Area, 2023 – 2031. The plan allocates 3,719 housing units to the City of Dublin. Table 1 below shows the City’s final RHNA by household income category for the 2023 – 2031 planning period. The City’s updated Housing Element must demonstrate how it can accommodate its RHNA.

Table 1: Dublin’s 2023 – 2031 Regional Housing Needs Allocation Very-Low- Low- Moderate- Above-
Moderate- Total
Final Allocation 1,085 625 560 1,449 3,719
The Draft 2023 - 2031 Housing Element was published for a 30-day public review period on April 15, 2022. On May 17, 2022, the City Council reviewed the Draft 2023 - 2031 Housing Element and directed Staff to submit it to the California Department of Housing and Community Development (HCD). On May 27, 2022, Staff submitted the Draft 2023 – 2031 Housing Element to HCD for their review. HCD concluded their review and provided comments on August 29, 2022. The Draft Housing Element has been revised to reflect comments received from HCD and interested parties as further discussed later below.

The City Council is being asked to review the 2023 – 2031 Housing Element and associated amendments to the General Plan, including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element; amendments to the Eastern Dublin Specific Plan (EDSP) and 221

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Downtown Dublin Specific Plan (DDSP); and amendments to Planned Development Zoning for Sites D-2 and E-2 at the Dublin Transit Center and Hacienda Crossings shopping center. The City Council Resolutions and Ordinances are Attachments 1 – 6.

Analysis
General Plan Amendments
Housing Element
Staff prepared the 2023-2031 Housing Element (Attachment 2), which includes the following components:
 Chapter 1: Introduction. Contains a summary of the content, organization, and statutory considerations of the Housing Element.
 Chapter 2: Housing Plan. Describes Dublin’s housing plan, including goals, policies, programs, and objectives.
 Appendix A: Review of Past Performance. Evaluates the housing programs and quantified objectives outlined in the past Housing Element and the City’s efforts in meeting the program requirements and achieving the quantified objectives.  Appendix B: Community Profile. Contains an analysis of the City’s population, household and employment base, and the characteristics of the housing stock.  Appendix C: Housing Constraints, Resources, and Affirmatively Furthering Fair Housing (AFFH). Summarizes governmental and non-governmental constraints on production, maintenance, and affordability of housing and provides a summary of housing resources, including funding and financial considerations, as well as a fair housing analysis.  Appendix D: Adequate Sites Analysis. Identifies candidate sites by income category to meet the City’s RHNA.
 Appendix E: Housing Plan Programs Summary. Summarizes Chapter 2.  Appendix F: Community Engagement Summary. Summarizes the City’s community engagement efforts to achieve public participation of all economic segments of the community.
 Appendix G: Glossary of Terms. Defines terms and acronyms using in the Housing Element.

A comprehensive update is proposed to the Housing Element of the General Plan. The Housing Element identifies residential sites by income category to meet the City’s RHNA. The sites identified in the Housing Element represent the City’s ability to accommodate housing at the designated income levels during the 2023 – 2031 planning period. The Housing Element also analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies and programs that promote housing opportunities for all persons.

The 2023 – 2031 Housing Element also includes a review of the goals, policies, programs, and objectives of the existing Housing Element, and reports on the attainment and disposition of the programs. In some instances, the programs from the previous Housing Element are continued through to the 2023 – 2031 Housing Element. Many existing programs have been amended and 222

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continue to reflect current conditions in the City as described in Chapter 2: Housing Plan of the 2023 – 2031 Housing Element.

Adequate Sites Analysis. As noted above, the Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s RHNA. The Housing Element has identified that the City has the capacity to meet the RHNA through a variety of methods, including: 1) projects in the pipeline; 2) future development of accessory dwelling units (ADUs); 3) capacity on existing, residentially-zoned sites; and 4) identification of land to rezone to accommodate remaining RHNA.

Table 2, below, shows the City’s 2023-2031 RHNA by income category and how the RHNA will be accommodated.

Table 2: Sites Inventory Summary
Very-Low-
and Low- Moderate-
Above-
Moderate- Total
Allocation 1,710 560 1,449 3,719
Pipeline Projects (535) (210) (2,104) (2,849)
Accessory Dwelling Units (96) (48) (16) (160)
5th Cycle Sites 0 (252) 0 (252)
Public/Semi-Public Sites (134) 0 0 (134)
Downtown Dublin (190) (50) 0 (240)
Remaining Need 755 0 0
Table 3 demonstrates how the remaining need will be accommodated on Transit Center Sites D-2 and E-2, Hacienda Crossings shopping center, and the SCS Property.

Table 3: Distribution of Remaining Need
Very-Low-
and Low- Moderate-
Above-
Moderate- Total
Transit Center Sites D-2 & E-2
(Alameda County Surplus
Property) 358 0 357 715
Hacienda Crossings 297 0 297 594
SCS Property 100 0 0 100
Total 755 0 654 1,409
HCD Review. On August 29, 2022, the City received the results of HCD’s review. While the Draft 2023 -2031 Housing Element met many of the statutory requirements, HCD identified revisions that they deemed necessary before the agency will certify the Housing Element (Attachment 8).

The following is a summary of changes made to address HCD’s comments:
 Chapter 2 (Housing Plan), Section 2 (Housing Programs), and Appendix E (Housing Plan Programs Summary): Updated Program A.5 (Preserve and Monitor Affordable Units At- 223

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Risk of Converting to Market Rate) with an objective to proactively seek funding opportunities for units at-risk of converting to market-rate units.  Chapter 2, Section 2, and Appendix E: Modified Program B.16 (Publicly-Owned Lands) to work with the Alameda County Surplus Property Authority to develop a schedule for the development of the Dublin Transit Center and conduct a mid-cycle review of progress made.
 Chapter 2, Section 2, and Appendix E: Updated Program B.17 (Community Care Facilities) to include language regarding reviewing and revising the definition of “family” to address potential constraints for persons with disabilities and to specify the City will update the Zoning Ordinance to allow community care facilities in all zoning districts allowing a residential use.
 Chapter 2, Section 2, and Appendix E: Added Program B.18 (Planned Development (PD) Zoning) with the objective to review vacant and underutilized properties with existing PD zoning and identify properties for rezoning to traditional residential districts and consider amendments to the Zoning Ordinance to provide options for developers to request PD zoning if they desire more flexibility. Based on preliminary analysis, the City identified approximately nine properties requiring rezoning.
 Chapter 2, Section 2, and Appendix E: Added Program B.19 (Development of Large Parcels) to incentivize residential development on parcels over ten acres.  Chapter 2, Section 2, and Appendix E: Added development standards for emergency shelters and modified Program D.3 (Emergency Shelters) to specify parking requirements will be updated to comply with Assembly Bill (AB) 139.
 Chapter 2, Section 2, and Appendix E: Added Program D.6 (Parking Requirements Near Public Transit) to specify parking requirements will be updated to comply with AB 2097.  Chapter 2, Section 2, and Appendix E: Added specific dates that certain programs will be completed.
 Appendix C (Housing Constraints, Resources, and Affirmatively Furthering Fair Housing), Section A (Housing Constraints), Subsection 2 (Governmental Constraints): Further analyzed development standards and land use controls and added information to support that they do not impact housing supply, costs, financial feasibility, timing, approval certainty and ability to achieve maximum densities without exceptions.  Appendix C, Section A, Subsection 2: Added analysis to support that parking requirements for multi-family residential development projects do not impact cost, supply, housing choice, or financial feasibility.
 Appendix C, Section A, Subsection 2: Clarified that Density Bonus incentives may count towards the City’s Inclusionary Zoning Ordinance requirements.  Appendix C, Section A, Subsection 2: Added a table detailing actual time between receiving a Planning entitlement and applying for a building permit.  Appendix C, Section D (Affirmatively Furthering Fair Housing), Subsection 10 (Fair Housing Laws): Added additional discussion about the City’s compliance with fair housing laws.  Appendix C, Section D, Subsection 12 (Analysis of Federal, State, and Local Data and Knowledge): Analyzed integration and segregation trends over time.  Appendix C, Section D, Subsection 12: Added additional language to provide a regional context for Racially Concentrated Areas of Affluence.
 Appendix C, Section D, Subsection 12: Added information on the approval of district-based elections beginning in 2024.
224

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 Appendix C, Section D, Subsection 14 (Analysis of Sites Pursuant to AB 686): Added additional data and analysis about candidate housing sites and affirmatively furthering fair housing.
 Appendix D (Adequate Sites Analysis), Section A (Adequate Sites Analysis Overview), Subsection 2 (ADUs and Junior ADUs): Decreased accessory dwelling unit (ADU) projections from 248 to 160 ADUs and increased the number of units at the Dublin Transit Center to accommodate that shortfall.
 Appendix D, Section B (Very Low- and Low-Income Sites Inventory), Subsection 2 (Calculation of Unit Capacity): Added evidence to support realistic capacity, including density, acreage, and affordability levels of past projects.  Appendix D, Section B, Subsection 3 (Adequacy of Sites to Accommodate Very Low- and Low-Income Housing): Added additional language to support parcels over 10 acres that are planned to accommodate lower-income households.
 Appendix D, Section B, Subsection 4 (Non-Vacant Sites): Added additional support for the suitability of non-vacant sites.
 Appendix F (Community Engagement Summary), Section 16 (Summary of Public Comments): Updated Table F-1 to include public comments received by HCD.

Land Use Element
Transit Center Sites D-2 and E-2 currently have a General Plan land use designation of Campus Office. The land use for the northern 6.42 acres of Site D-2 and all of Site E-2 would be changed to a combined Campus Office/High-Density Residential land use designation to accommodate additional residential units at the Transit Center as shown in Figure 1 below. Additionally, the City proposes to update the assumed residential household size based on Dublin’s average household size of 2.99 persons per unit as reported in the 2020 US Census data. Corresponding amendments are proposed to the Population Density Measurements (Section 1.8.1.2), Land Use Classification (Section 1.8.1.6), Land Use Map (Figure 1-1) (Dublin General Plan Land Use Map), Primary Planning Area (Section 2.2), Table 2.1 (Land Use Development Potential: Primary Planning Area), Eastern Extended Planning Area (Section 2.3), Table 2.2 (Land Use Development Potential:

Eastern Extended Planning Area), and Table 2.3 (Land Use Development Potential: Western Extended Planning Area), as further described in Attachment 1. 225

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Figure 1: General Plan Land Use Map
Seismic Safety and Safety Element
Government Code Section 65302(g) requires Safety Elements to address the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence, liquefaction and other seismic hazards or geologic hazards; flooding; and wildfires and urban fires. The statute requires that seismic and geologic hazard areas be mapped. It also requires the element to address evacuation routes, military installations, peak load water supply, minimum road widths and clearances around structures for geologic and fire hazards identified in the element. Senate Bill (SB) 1035 requires local governments to revise their Safety Element to identify flood hazards and address the risk of fire hazards in certain lands upon each revision to the Housing Element. Additionally, Assembly Bill (AB) 2140 allows California cities and counties to adopt local hazard mitigation plans into their Safety Element, making them eligible to be considered for part or all their local-share costs on eligible Public Assistance funding provided by the State through the California Disaster Assistance Act.

Amendments to the Seismic Safety and Safety Element are proposed to satisfy the requirements of SB 1035 and AB 2140. These amendments include adding background language about geologic and seismic hazards, liquefaction and landslide hazards, wildfires, flooding and dam failure, and hazardous materials in Dublin; referencing the Emergency Operations Plan; adopting the Tri- Valley Local Hazard Mitigation Plan into the Safety Element by reference; identifying wildfires over 10 acres near the City; referencing evacuation plans; and updating all maps and figures based on currently-available data. Please refer to Attachment 3.

Environmental Justice Policies
SB 1000 requires local governments to identify disadvantaged communities and incorporate 226

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environmental justice into their general plans. The City prepared an Environmental Justice Memo (Attachment 7), which concludes that Dublin does not have any communities meeting the definition of a disadvantaged community under SB 1000 and, therefore, the inclusion of an Environmental Justice Element or environmental justice policies in other required General Plan Elements is not required.

Specific Plan Amendments
Eastern Dublin Specific Plan
Similar to the General Plan amendments described above, the EDSP is proposed to be amended to address the change in land use on the northern portion of Site D-2 and all of E-2. The EDSP land use designation for these two sites would be changed from Campus Office to Campus Office/High Density Residential as shown in Figure 2 below. Additionally, the City proposes to update the assumed residential household size, based on Dublin’s average household size of 2.99 persons per unit as reported in the 2020 US Census data. Corresponding amendments are proposed to the Land Use Map (Figure 4-1), Table 4.1 (Eastern Dublin Specific Plan Land Use Summary), Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary), Table 4.3 (Projected Jobs/Housing Balance, and land use description (Section 4.8), as described in Attachment 1. 227

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Figure 2: Eastern Dublin Specific Plan Land Use Map
Downtown Dublin Specific Plan
State law requires that any non-vacant site identified in a prior Housing Element must be zoned at a minimum of 30 units per acre and allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower-income households if they are to be considered an adequate site to accommodate the very low- and low-income categories of the RHNA.

Three non-vacant sites, located in Downtown Dublin that were identified in the 2014 – 2022 Housing Element, are shown to be suitable for lower-income housing in the Housing Element Sites Inventory. Therefore, the City is required by statute to permit at least 30 units per acre, which it does, on these sites and to allow residential use by right for housing developments when at least 20 percent of the proposed units are affordable to lower-income households. Residential development within the Downtown Dublin Specific Plan is governed by a Development Pool. To reserve residential units from the Development Pool, a developer must enter into the Community Benefit Program Agreement. The three sites in Downtown Dublin that have been identified in the Sites Inventory would provide 416 units affordable to lower-income households. To comply with State law to facilitate the development of these 416 units, the Downtown Dublin Specific Plan is proposed to be amended to exempt these units from the Development Pool and the Community Benefit Program Agreement requirement. Please refer to Attachment 4. 228

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Rezoning
The Housing Element must include an inventory of specific sites or parcels that are suitable for residential development and available for use in the planning period to accommodate the City’s RHNA. After taking into account projects in the pipeline; future development of ADUs; and capacity on existing, residentially-zoned sites; the City has a remaining need of 755 lower-income units. The proposed project includes rezoning the northern portion of Site D-2 and all of Site E-2 at the Dublin Transit Center, and two parcels at the Hacienda Crossings shopping center to accommodate that remaining need, as previously directed by the City Council and further described below.

Additionally, the SCS Dublin project, which is currently under consideration by the City Council, proposes 100 lower-income units on a 2.5-acre Public/Semi Public site that would satisfy a portion of the RHNA.

Transit Center Sites D-2 and E-2
On December 3, 2002, the City Council adopted Ordinance No. 21-02 approving a Planned Development (PD) Rezone with a Stage 1 Development Plan for the Dublin Transit Center, which specified that Sites D-2 and E-2 be developed with a Campus Office use. The Transit Center PD Zoning Stage 1 Development Plan is proposed to be amended to change the allowed land uses on the northern 6.42 acres of Site D-2 and all of Site E-2 from Campus Office to Campus Office/High Density Residential, add 715 residential units to accommodate the RHNA on these sites, amend annotations on the Conceptual Illustrative Site Plan and the Streetscape, Open Space, and Landscape figures to state “Office and/or Multi-Family Dwellings” rather than “Office,” amend the Phasing Plan legend to state Campus Office/High Density Residential for Sites D-2 and E-2, approve a Stage 2 Development Plan, and specify that development must comply with the Citywide Multi-Family Objective Design Standards. Please refer to Attachment 5.

Hacienda Crossings
On January 17, 1995, the City Council adopted Resolution No. 95-02 approving a PD Rezone, establishing regulations for the use, improvement, and maintenance for a retail commercial shopping center. The PD Zoning is proposed to be amended to add “Multi-Family Residential” as a permitted land use to accommodate the RHNA. The amendment would also establish additional objective design standards, such as parking requirements, minimum sidewalk width, minimum density, common useable outdoor space requirements, and height limits. The Development Plan also includes guidance about building placement, upper-story windows and balconies, ground floor transparency, architectural detailing, and a preference for ground floor retail/commercial uses with residential units above, to transition the shopping center to a more pedestrian-oriented mixed-use development. Please refer to Attachment 6.

ENVIRONMENTAL DETERMINATION:

Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Initial Study/Negative Declaration (IS/ND) (Attachment 9) for the proposed project.

The IS/ND was available for public review between October 4, 2022, and November 2, 2022. No public comments on the IS/ND were received.
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PLANNING COMMISSION REVIEW:

On October 25, 2022, the Planning Commission considered the proposed 2023 – 2031 Housing Element and related amendments to implement the Housing Element and unanimously adopted Resolution No. 22-14 recommending City Council approval (Attachment 10).

STRATEGIC PLAN INITIATIVE:

Strategy 2: Housing Affordability
Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City implemented an outreach and engagement program to inform the community and seek input regarding the Housing Element Update. Between December 20, 2021, and February 28, 2022, the City conducted an online survey to receive community feedback. Staff also hosted two Housing Element Workshops on January 19 and February 17, 2022. The workshops provided an overview of the Housing Element, RHNA, Preliminary Sites Inventory, and required policy and program topics, and provided an opportunity for the community to provide feedback. The community was notified of these engagement opportunities through the City’s social media, website, push notifications, and email. Additionally, Staff held one-on-one meetings with the property owners of the “Additional Sites” identified to satisfy the “remaining need” for sites to accommodate the RHNA. The City also has a Housing Element Update webpage on the City’s website that serves as a landing place for information. The Planning Commission held a study session on March 8, 2022, reviewed the Draft 2023 – 2031 Housing Element on April 26, 2022, and reviewed the revised Draft 2023 – 2031 Housing Element on October 25, 2022. The City Council also held meetings to receive updates regarding the Housing Element Update on February 18, 2020, October 6, 2020, June 15, 2021, November 2, 2021, March 15, 2022, and May 17, 2022.

The feedback and information received through these outreach efforts was used to help create the proposed policies and programs to address the housing needs.

In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. Notification was also provided to those that had previously signed up on the interested parties list. Additionally, the City Council Agenda and the Staff Report was made available on the City’s website.

The public comments received prior to publishing this report are included as Attachment 11. A summary and response to all public comments is included in Table F-1 (Summary of Public Comments) in the 2023 – 2031 Housing Element.

ATTACHMENTS:
1) Resolution Adopting an Initial Study/Negative Declaration; Approving the 2023 – 2031 Housing Element, Associated Amendments to the General Plan, Including the Land Use Element and Land Use Map, and Seismic Safety and Safety Element, and Associated 230

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Amendments to the Eastern Dublin Specific Plan; and Authorizing Staff to submit the Housing Element to the California Department of Housing and Community Development for Certification
2) Exhibit 1 to the Resolution – 2023 – 2031 Housing Element 3) Exhibit 2 to the Resolution – Seismic Safety and Safety Element Amendments 4) Resolution Amending the Downtown Dublin Specific Plan to Specify Residential Units on Three Housing Element Sites are Allowed by Right and Not Subject to the Development Pool or Community Benefit Program
5) Ordinance Approving a Planned Development Rezone with an Amended Stage 1 Development Plan and Approving a Stage 2 Development Plan for Sites D-2 and E-2 of the Dublin Transit Center
6) Ordinance Approving a Planned Development Rezone with an Amended Stage 1 Development Plan and Approving a Stage 2 Development Plan for the Hacienda Crossings Shopping Center
7) Environmental Justice Memo
8) HCD’s Comments
9) Initial Study/Negative Declaration
10) Planning Commission Resolution No. 22-14 (without exhibits) 11) Public Comments
231

STAFF REPORT

CITY COUNCIL

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Agenda Item 4.10
DATE: December 6, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Workforce Integrity and Training Solutions for Community Workforce Agreement Administration and Implementation Services Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider approving an agreement with Workforce Integrity and Training Solutions, LLC for Community Workforce Agreement administration and implementation on-call services.

STAFF RECOMMENDATION:

Adopt the Resolution Approving an Agreement for On-Call Community Workforce Agreement Administration and Implementation Services with Workforce Integrity and Training Solutions, LLC.

FINANCIAL IMPACT:

The cost of these services will be charged to the Public Works Department in accordance with the adopted annual budget and associated capital improvement project.

DESCRIPTION:

On January 11, 2022, the City Council adopted Resolution No. 05-22, which approved the Community Workforce Agreement (CWA) between the City of Dublin and the Building and Construction Trades Council of Alameda County and its affiliated unions. The purpose of the CWA includes promoting the efficiency of construction operations for the City through the use of skilled labor, providing for the peaceful settlement of labor disputes and grievances without strikes or lockouts, and increasing training and employment opportunities in the construction trades through local hire, apprenticeship and pre-apprenticeship, and community partnership programs for residents of the region.
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The Public Works Department utilizes consultants on Capital Improvement Program (CIP) projects, private development projects, transportation engineering services, and on-call services.

In order to administer and coordinate services for the CWA, Staff solicited consultants through an open and competitive request for qualifications (RFQ) process. The RFQ process is used to identify consulting firms with the necessary background and experience to provide services and to ensure that the cost for services is competitive. The CWA Administrator/Coordinator Services RFQ specified that selection would be based on quality and completeness of submissions, as well as a firm's experience with engagements of similar scope and complexity. The RFQ was sent to firms that had expressed interest in receiving RFQs and was also posted on the City's website.

Four proposals were received from the following in response to the RFQ: Lowe Consulting Group, The Solis Group, The Labor Compliance Managers (TLCM), and Workforce Integrity and Training Solutions (WITS). In reviewing all qualifications, Staff recommends one firm to provide on-call services from December 6, 2022 through December 31, 2025. The recommended firm and not-to- exceed compensation amount over the three year term is as follows:

On-Call Community Workforce Agreement Administration and Implementation Services
Consultant Proposed Compensation Limit
Workforce Integrity and Training Solutions $750,000
STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving an Agreement for On-call Community Workforce Agreement Administration and Implementation Services with Workforce Integrity and Training Solutions, LLC
2) Exhibit A to the Resolution – Consulting Services Agreement with Workforce Integrity and Training Solutions for Community Workforce Agreement Administration and Implementation Services
3) Requests for Qualifications for Community Workforce Agreement Administrator/Coordinator Services
4) Statement of Qualifications for Community Workforce Agreement Administrator/Coordinator Services
233
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 12/06/22 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING AN AGREEMENT FOR ON-CALL COMMUNITY WORKFORCE AGREEMENT

ADMINISTRATION AND IMPLEMENTATION SERVICES WITH WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS, LLC
WHEREAS, on January 11, 2022, the City Council of the City of Dublin adopted Resolution No. 05-22 authorizing the Community Workforce Agreement between the City of Dublin and building and construction trades council of Alameda County and its affiliated unions; and WHEREAS, on October 13, 2021, Staff issued a Request for Qualifications (RFQ) for Community Workforce Agreement Administrator/Coordinator services; and WHEREAS, the City received four responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating criteria; and
WHEREAS, the City desires to enter into an agreement with Workforce Integrity and Training Solutions, LLC (WITS) for on-call community workforce agreement administration and implementation services for a not-to-exceed amount of $750,000 over a term beginning December 6, 2022 and ending December 31, 2025.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager to execute the agreement with Workforce Integrity and Training Solutions, LLC (WITS) (attached hereto as Exhibit A ) for a contract amount not to exceed $750,000 for the contractual period.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute amendments to the agreement to extend the terms for a maximum of two years beyond the initial term.

BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution. {Signatures on the Follow Page}
234
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 6th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
235
Consulting Services Agreement between City of Dublin and 12/6/2022 WITS for CWA Administration & Implementation Services Page 1 of 15

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND

WORKFORCE INTEGRITY AND TRAINING SOLUTIONS
FOR

COMMUNITY WORKFORCE AGREEMENT ADMINISTRATION AND IMPLEMENTATION SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Workforce Integrity and Training Solutions (“Consultant”) (together sometimes referred to as the “Parties”) as of December 6, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions se t forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2025, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.

1.5 RESERVED.

1.6 RESERVED.

Attachment 2
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Consulting Services Agreement between City of Dublin and 12/62022 WITS for CWA Administration & Implementation Services Page 2 of 15 Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $750,000.00 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; The beginning and ending dates of the billing period; A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;

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Consulting Services Agreement between City of Dublin and 12/6/2022 WITS for CWA Administration & Implementation Services Page 3 of 15 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable
Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

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2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITI ES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.

City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation.

4.1.1 General
Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.

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4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsem ent as required by the section.

4.2 Commercial General and Au tomobile Liability Insurance.

4.2.1 General
Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employ ees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.

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Consulting Services Agreement between City of Dublin and 12/6/2022 WITS for CWA Administration & Implementation Services Page 6 of 15 c. Consultant hereby agrees to waiv e subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 Professional Liability Insurance.

4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not r enewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of

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Consulting Services Agreement between City of Dublin and 12/6/2022 WITS for CWA Administration & Implementation Services Page 7 of 15 this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement. d. A copy of the claim reporting require ments must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.

4.4 All Policies Requirements.

4.4.1 Acceptability
of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.

Section 6.

STATUS OF CONSULTANT.

6.1 Independent
Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. 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.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

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7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINAT ION AND MODIFICATION.

8.1 Termination. City may cancel this Agre
ement at any time and without cause upon written
notification to Consultant.

Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation.

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In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, dr awings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to comp lete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference bet ween the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that

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City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 Attorneys’
Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

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10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.

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10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Workforce Integrity and Training Solutions
Att: Prentiss A. Jackson, Jr., Principle-in-Charge
6315 Roan
oke Road
Oakland, CA 94618
Any written notice to City shall be sent to:

City of Dublin
Att: Public Works
100 Civic Plaza
Dublin, CA 94568

10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and C represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Services
Exhibit B Compensation Sc hedule & Reimbursable Expenses Exhibit C Indemnification

10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signatur e below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.

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SIGNATURES ON FOLLOWING PAGE

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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.

CITY OF DUBLIN WORKFORCE INTEGRITY TRAINING

SOLUTIONS
Linda Smith, City Manager Prentiss A. Jackson, Jr., Principle-in-Charge Attest:

Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:

City Attorney
3070368.1

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Exhibit A – Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
At the direction of the Project Manager or his/her designee, Community Workforce Agreement (CWA) Administration and Implementation Services may include any or all of the following services:
x CWA Administration (with Detailed Local Hire Coordination and Labor Compliance) x Pre-Job Conference Coordination Facilitation and Minutes x JAC Meeting Coordination and Facilitation
x Grievance and Jurisdiction Management and Support
x Report Development and Analysis
x Dedicated Local Hire Services
x Labor Compliance Services with Site Visits
x Assist City Staff with Bid Preparation and Modernization x Procurement of Construction Management Firm for Future Projects x Small Business Utilization
x Enhanced Workforce Outreach and Training
x Any other CWA assistance as requested

251
Consulting Services Agreement between City of Dublin and WITS for CWA Administration & Implementation Services
12/6/2022
Exhibit B – Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Hourly Billing Rates for Services
1/1/2022 –
12/31/2022

1/1/2023 –
12/31/2023
1/1/2024 –
06/31/2024

WITS TEAM MEMBER ROLE HOURLY RATE
Project Manager $206.00 $212.00 $218.00
Labor Compliance Director $72.10 $74.20 $76.30
Data Scientist $51.50 $53.05 $54.64
Labor Compliance Analyst $30.90 $31.80 $32.70
Admin $20.60 $21.20 $21.80
Local Hire Director $195.70 $201.57 $207.62
Local Hire Analyst $154.50 $159.14 $163.91
Local Hire Assistant $103.00 $106.09 $109.27
*Reimbursable expenditures shall be itemized and provided as par t of submitted invoices. Any mileage
requested as part of the reimbursable expenditures shall be calculated from the Oakland Offices of Workforce Integrity and Training Solutions.

252
Consulting Services Agreement between City of Dublin and WITS for CWA Administration & Implementation Services
12/6/2022
Exhibit C – Page 1 of 1

EXHIBIT C

INDEMNIFICATION
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, elected officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.

Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.

253

REQUEST FOR QUALIFICATIONS

COMMUNITY WORKFORCE AGREEMENT

ADMINISTRATOR/COORDINATOR SERVICES
City
of Dublin, CA
Proposals must be received by: Monday, November 15, 2021, at 4:00pm Staff C
ontact:

John Stefanski
Assistant to the City Manager
100 Civic Plaza
City of Dublin, CA 94568
[email protected]
Poste
d Date: October 13, 2021
Attachment 3
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Services

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Overview

The City of Dubin is currently in the final stages of negotiating a Community Workforce Agreement (CWA) with the Building Trades Council of Alameda County. In anticipation of this, the City is seeking a consultant to provide administration and coordination services for this agreement.

The purpose of the CWA is to promote the efficiency of construction operations for the City of Dublin through the use of skilled labor resulting in quality construction outcomes, to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of City capital improvement, and to increase training and employment opportunities in the construction trades through local hire, apprenticeship and pre-apprenticeship, and community partnership programs for residents of the Local Area as defined by the CWA. The CWA will apply to all City projects, subject to the Public Contract Code, where the engineer’s estimate of the total cost of the project, or the cumulative bid amount(s) submitted by the contractor(s) awarded Construction Contracts for the Project, meets, or exceeds one million dollars ($1,000,000). This agreement is substantially similar to those community workforce agreements entered into by other Alameda County municipalities and the Building Trades Council of Alameda County.

The City desires to hire a consultant to administer and coordinate the various components of the CWA over the life of the agreement.

Desired Scope of Services:

Under guidance and direction from the Public Works Director, or designee, the CWA Administrator/Coordi nator will monitor compliance with the various components of the CWA, including but not limited to the following:

1. General CWA Administration and Coordination
a. Work with City Public Works Staff to develop a structure to administer CWA. b. Establish processes for data collection, reporting, and records retention. c. Serve as the single point of contact for the implementation and administration of the CWA. d. Assist Contractors and Subcontractors regarding requirements under the CWA. e. Provide Activity Reports to designated Public Works Staff. f. Prepare, deliver, and present an annual report to the City Council on the status/efficacy of the CWA. g. Review, edit and update as needed City boilerplate specifications and construction documents for implementing compliance with CWA.

2. Labor Relations Management
a. Monitor compliance with the provisions of the CWA
b. Manage the arbitration process, if necessary.

3. Pre-Job Conference Coordination
a. Convene and c onduct pre -job conferences with the Unions and representatives of all involved contractors/employers.

4. Enforcement, Compliance, and Reporting
a. Review contractors/subcontractors bid submittal for compliance with the CW A, as indicated in the project specifications and bid documents.
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b. Request from the contractor(s) and review certified payroll and report s on local hire and apprenticeship metrics.
c. Collect Agreements to be Bound from all Contractors/Subcontractors. d. Work with unions and Contractors in the ad ministration of the local hire goals, including establishing record keeping and reporting standards.
e. Collect Certified Weekly Payrolls and monthly workforce utilization reports

5. Community Workforce Partnerships
a. Assist the City Manager’s Office in the identification and development of an initiative to connect residents of the Tri-Valley Region with careers in the building and construction trades.

6. Joint Administrative Committee
a. Serve as one of the City’s representatives to the Joint Administrative Committee.

7. Other Related Duties
a. Coordinate CWA Project Meetings, which may include:
i. Bi-Monthly/As Needed: Trades Coordination to review Local Hire progress, compliance issues, and pre-apprenticeship coordination.
ii. Quarterly/As Needed: Joint Administrative Committee: Reviews compliance for all projects. b. Work with the City and contractors, as necessary, regarding compliance with the terms of the CWA. c. Maintain all files and electronic databases related to the CWA. d. Regularly visit City construction sites to monitor compliance of the CWA by both contractors and unions. e. Maintain and account for all hours devoted to the administration of the CWA, including providing quarterly reports to the Public Works Director, or designee.

NOTE: Scope of proposer’s services may encompass additional services outside the aforementioned items that similar organizations undergoing this process have involved. Please include these as separate tasks.

RFQ Submittal Requirements

Please prepare and organize your response to this RFQ based on the requirements provided below. Any other information you would like to include should be placed in a separate section at the end of your response.

The City will not pay for any costs incurred in preparation and submission of the responses or in anticipation of a contract.

Please provide an electronic (.PDF) copy of your Proposal to [email protected] no later than Monday, November
15, 2021, by 4:00 p.m. Physical submittals will not be accepted. Any responses submitted after the stated deadline will not be accepted for consideration.

Submission Format
To ensure fair and accurate consideration of all submissions, responses must contain the following information:

1. Executive Summary
a. Provide a brief overview of your firm and your firm’s experience providing the services detailed in the previous section of this RFQ. This executive summary must include the contact information of the individual authorized to represent your firm and any third parties who will work with you on the delivery of these services. If you are using a third party, please list the roles each party will play in the overall delivery of the services. Please limit your Executive Summary to no more than two (2) pages.

2. References
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a. Provide the names, contact information, and brief project summary for three (3) similar governmental agencies for which the firm has executed similar projects within the last five years.

3. Project Team Description
a. Provide names and contact information of the Project Team including the Principal-in-Charge and Project Manager/primary point of contact. Include brief resumes for all team members, as well as their tenure with the firm. Indicate the organizational structure of the team and outline key roles and lines of authority. Identify all sub-consultants and their role in the project, including all the aforementioned information.

4. Relevant Experience
a. State the qualifications and experience of the firm/individuals. Please emphasize specific qualifications and experience with engagement of similar scope and complexity.

5. Cost
a. Present a proposed compensation rate schedule for services.

6. Standard Agreement Confirmation
a. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the response.

Review and Selection Process
The City reserves the right to make the selection based on its sole discretion. A subcommittee selected by City Staff will evaluate responses to this RFQ. The subcommittee will use a forced ranking process. Informal interviews may be conducted by City Staff and may include more than one firm that has submitted a response.

The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RF Q. The City reserves the right to reject any and all responses prior to execution of the Agreement, with no penalty to the City.

Selection of Consultant

Submitted responses will be evaluated and scored using the following criteria:

• Qualifications and specific experience of key project team members. • Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project.

Schedule for RFQ Process

Date* Task
October 13, 2021 Public Posting of RFQ
October 22, 2021 Deadline to submit questions to City of Dublin October 29, 2021 Answers to Questions and Addendum posted, if required November 15, 2021 Proposals due no later than 4:00pm
December 1-2, 2021 Interview firms (optional)
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Services

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*Tentative dates, subject to change

Standard Consulting Agreement:

It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work.

A sample of the City’s Standard Consulting Agreement ( Agreement), including insurance requirements, is provided as Attachment A.

If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and f urnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable.

Consideration for exceptions will not be considered if not included in the submitted proposal.

Conflict of Interest

Proposer agrees that, for the term of this contract, no member, officer, or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.

Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. P roposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide for these clients.

This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.

Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html.

Equal Employment Opportunity

Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State, or local laws. In the event of Proposer non -compliance, the City of Dublin may cancel, terminate, or suspend the Contract in whole or in part. Proposers may also be declared ineligible for further contracts with the City of Dublin.

Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited t o the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub -consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following 258

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provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].

Governing Law

This RFQ summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply.

The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.

Attachments

Attachment A Standard Consulting Services Agreement

259
Attachment A

CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF DUBLIN AND
[NAME OF PROFESSIONAL CONSULTANT]
{Removed for the purposes of the December 6, 2022 City Council Meeting packet} 260

WWOORRKKFFOORRCCEE IINNTTEEGGRRIITTYY

AND TRAINING SOLUTIONS
WITS
PROPOSAL to
CITY OF Dublin
Workforce Integrity & Training Solutions
November 15, 2021
Attachment 4
261
November 15, 2021
John Stefanski
City of Dublin
Assistant to the City Manager
100 Civic Plaza
Dublin, CA 94568
[email protected]
Dear Mr. Stefanski,
Workforce Integrity and Training Solutions, LLC (WITS), is excited to submit our proposal to the City of Dublin (City) for Community Workforce Agreement Administration. We believe you will see in our proposal that we are a highly experienced Community Workforce Agreement (CWA) Compliance and Coordination team. WITS is a consultant to multiple public agencies, including the City of Hayward, County of Alameda, and the Santa Cruz Water Department.

When I founded WITS I set out to build a consultancy that provides best in world labor relations services, and we are well on our way. For starters, we are one of the few consultancies that count as their CWA advising/administration clients:

Labor, Management, and Project Owners.

As the Employee Relations Director for the City of San Francisco, I will not be able to provide direct consultation services to the City; however, I honestly believe we are proposing a team of All-Stars in the world of PLAs/CWAs. This begins with our outstanding Principal-in-Charge, Stephanie Brown. Ms. Brown brings expertise in Labor Relations, Workforce Development and Human Resources to a team the includes data scientists, small business supportive services expertise, and unparalleled labor compliance experience. In addition to the years of experience, we can also provide the City of Dublin with the newest technology, including mobile-friendly web-based tools, real-time reporting, and algorithm-driven data analytics.

This background puts us in a unique position to provide the City with the highest labor relations and workforce development service levels.

We believe that we provide the best overall value because our team is extremely knowledgeable and experienced; we can accomplish more in fewer hours.

We know from our years of experience that the key to the success of CWAs is communication. We have partnered with Google for video conferencing, schedule coordination, and cloud-based access to CWA related documents and reports.

We also understand we need to have conversations with people, and we have a bi-lingual team who can engage with workers from different parts of the world.

SOME HIGHLIGHTS OF OUR EXPERIENCE:
 Deep experience providing labor relations, labor compliance, workforce development, and small business supportive services on all types of infrastructure projects;
 Expertise in managing and implementing several multi-billion-dollar CWAs, including developing Labor Relations standard operating procedures and creating and running teams to ensure their successful implementation;  Expertise facilitating Labor-Management Committees and providing governance support and direction;

WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS

WITSWITSWITS
262
A highly regarded team with experience coordinating and facilitating pre-job meetings throughout Northern California; WITS can establish and implement for the City of Dublin a complete industrial relations strategy and program. This program and strategy can include CWA administration, labor relations, labor compliance, workforce development, as well as small business impact analysis, and supportive services as needed. The solutions we offer directly connect to the CWA itself, including providing the City with the best practices for implementing a project labor agreement, getting Dublin residents construction employment, and prevailing wage compliance monitoring on your projects.

WITS CWA COORDINATION SERVICES PROPOSED
Workforce Integrity and Training Solutions
 Day to day CWA Coordination and implementation
 Pre-Job Conferences
 Joint Committee Meeting Facilitation
 Coordinate and Communicate for the team with City of Dublin Project Management and Engineering Staff  Labor Compliance Services — Data Analytics and Reporting

If you would like to reach us, please contact:

STEPHANIE BROWN, PRINCIPAL IN CHARGE
Workforce Integrity and Training Solutions
2201 Shoreline Drive #1115
Alameda, CA 94501
(415) 425-3824 | [email protected]

Sincerely,
Ardis Graham

ARDIS GRAHAM, PRINCIPAL/OWNER

WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS

WITSWITSWITS
263
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 4 Introduction Letter ...................................................................2 Section 1
Executive Summary of CWA Administration

.......5
Section 2
References
...............................................................7 Section 3 Project Team

............................................................8 Section 4
Relevant Experience
.............................................14
Section 5
Fee Schedule

.........................................................21 Attachments ..............................................................Enclosed TABLE OF CONTENTS Com-
264
SECTION 1

EXECUTIVE SUMMARY
of CWA Administration
265
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 6 SECTION 1

EXECUTIVE

SUMMARY OF CWA

ADMINISTRATION
Workforce Integrity and Training Solutions,
LLC, (WITS) (DUNS: 081979330) has over
20 years combined experience administering
Project Labor Agreements and Community
Workforce Agreements with Local Hire
goals. Our team brings the experience of
key staff who have worked within local
agencies such as the Bay Area Rapid Transit
District and The City and County of San
Francisco’s Offices of Labor Standards
Enforcement and Workforce and Economic
Development, administering Agreements
with over 7 billion dollars in public works
construction value. This team of labor
relations, labor compliance, local hire, and
pre- apprenticeship consultants will provide
the City of Dublin with best-in-the-nation
level policy and procedure recommendations
and CWA implementation.

Members of our team have labor relations
expertise beginning in the mid-1970s and
pre-apprenticeship program experience that
began nearly twenty years ago
This team has experience working together,
and the management team has worked
successfully under the direction of WITS
Principal, Stephanie Brown. The field team's
expertise in the construction industry and
outreach is unparalleled in prevailing wage
compliance.

As stated above, when we founded WITS, we
set out to be the best in the world at providing
labor relations services, and we believe we
are well on our way. For starters, we are one
of the few consultancies that count as their
CWA advising/administration clients: Labor,
Management, and Project Owners. We will
refer to these relationships throughout the
proposal. In sum, we believe our consulting
relationship with the three parties of CWAs
- none in conflict with each other - positions
WITS to provide the City of Dublin with the
absolute best possible CWA coordination.

We understand that this is the City’s first
Community Workforce Agreement and WITS
will leverage our excellent relationship with
the Alameda County Building Trades to
achieve the goals of the CWA.

Public Works
Expertise
Prevailing Wage
Compliance Local Hires
Certified Payroll
Monitoring
PLA
Implementation
Experience
Site Visits
We believe there are several fundamental aspects of
effective CWA implementation
 Facilitate Labor-Management Relations
 Facilitate Pre-Job Conferences
 Implement and ensure the success of the workforce programs (local hire)  Facilitate compliance with the jurisdiction dispute resolution procedure  Facilitate grievance procedures when applicable
 Our approach to CWA administration and Local Hire Program success is outlined further in our proposal.

Workforce Integrity and Training Solutions, has Experience Coordinating Multiple CWAs and PLAs. Our first client was the Contra Costa Building and Construction Trades Council (CCBCTC). WITS administered all of the PLA/CWAs for CCBCTC, our experience is broad and includes everything from oil refineries to school districts.

We are currently the CWA Administrator for the City of Hayward.

In addition, here a list of other CWAs we have coordinated:
 Antioch Unified School District;
 John Swett Unified School District;
 Martinez Unified School District;
 Pittsburg Unified School District
 Contra Costa County
Community College District.

CWA
 Marathon Oil Refinery
 Phillips Petroleum
 Chevron
 Contra Costa County Dept of Public Works
 City of Pittsburg
 City of Concord
 Diablo Energy Storage
266
Workforce Integrity and Training Solutions Clients

CITY OF HAYWARD
Kathy Garcia, Deputy Director of Public Works
[email protected] | 510.583.4786
For the City of Hayward Community Workforce Agreement, WITS provides CWA oversight and administration, Labor Compliance, Local Hire data analysis, compliance and reporting, and Pre-Apprentice pipeline development.

CITY OF SANTA CRUZ
Sarah Easely-Perez, Principal Planner.

City of Santa Cruz Water Department
212 Locust Street, Suite C. Santa Cruz, CA 95060
seasleyperez@cityofsantacruz | 831-420-5327
For the City of Santa Cruz, WITS provides Davis Bacon Contract advisement and Labor Compliance services for two large-scale infrastructure projects, the Graham Hill Water Treatment Plant Tanks Replacement and the Newell Creek Dam Inlet/Outlet project, as well as related remediation projects at Loch Lomond Recreation Area and Canham Meadow.

Jeannie Simpelo, Chief Executive Officer or
Brooke Fishel, Labor Relations Director
Northern California Allied Trades
5677 Horton Street
Emeryville, CA 94608
(510) 428-9486
WITS advises on labor relations and collective bargaining agreement issues and jurisdictional disputes.

Detra Dillon, Procurement Administrator
Procurement Department
Alameda County General Services Agency
[email protected] | (510) 208-9632
WITS advised the County of Alameda on their Project Labor Agreement negotiations in 2019.

Bill Whitney, Chief Executive Officer
Contra Costa Building and Construction Trades Council
2626 Alhambra Avenue, #5
Martinez, CA 94553
(925) 228-0900
WITS provided CWA and Pre-Job Coordination Support for over 30 active Labor Agreements ranging from Cities within Contra Costa County to Oil Refineries and School Districts.

SECTION 2
References
267
SECTION 3
Project Team
268
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 9 SECTION 3
STEPHANIE R. BROWN

PRINCIPAL-IN-CHARGE,
Workforce Integrity and Training Solutions, LLC.

An expert in local and disadvantaged
worker hiring program management,
Stephanie Brown has a track record of
success finding project pain points and
identifying solutions. Ms. Brown creates
and leads successful programs and projects
that help workers and communities grow
and reach their full potential. She is driven
by producing high-quality programs that
move communities and organizations
forward with a laser focus on improvement
and efficiency.

CORE SKILLS
 PLA/CWA Administration
 Project & Program Management
 Prevailing Wage Project Management
 Local Hire & First Source Program
Education, Compliance & Monitoring
 Workforce Pipeline Development
 Event Planning & Execution
 Website Development & Design
 Marketing, Social Media, Public
Messaging and Information
For nearly a decade, Ms. Brown has been at the forefront of workforce development.

She currently advises project owners on local hire, engagement with area schools, and disadvantaged worker hiring programs.

APPRENTICESHIP EXPERIENCE
Ms. Brown has a deep background working with AFL/CIO-certified Multi-Craft Core Curriculum (MC3) pre-apprenticeship programs. She excels at connecting program graduates with apprenticeship programs and contractors on over 100 concurrent projects accounting for tens of billions in construction value. She also has experience identifying community-based organization MC3 partners, and has leveraged their resources to support project owners, contractors, and workers' goals.

ADVISING PROJECT OWNERS
Subsequently, Ms. Brown uses her direct placement experience to advise project owners on local hire best practices for developing labor agreements with unions. A successful workforce compliance professional, Ms. Brown has drafted policies and procedures for labor agreements, First Source, and minimum resident utilization regulations.

BUILDING TRADES PARTNERSHIPS
Ms. Brown worked with the Alameda, Santa Clara, Contra Costa, San Francisco, and San Mateo Building Trades Councils to ensure the successful implementation of local hire provisions of labor agreements.

LARGE SCALE PROJECT EXPERIENCE
Ms. Brown ensured labor and workforce policy compliance for BART's large-scale construction and maintenance projects, including the $3.5 billion Measure RR program as well as San Francisco’s Transbay Terminal, Central Subway, Presidio Parkway, and Moscone Center Modernization projects. In managing a comprehensive compliance program Ms. Brown provided policy and compliance education and support for project Prime Contractors and Subcontractors while monitoring leading and lagging Key Performance Indicators to ensure full local hire and labor compliance for owners and management teams.

Ms. Brown utilizes metrics to develop compliance reports and presentations to internal and external stakeholders, including project owners, construction contractors, and Labor Unions.

Ms. Brown is an expert at developing compliance reports and presentations to internal and external partners including city officials, staff, construction firms, and Labor Unions. Ms. Brown developed and produced the San Francisco Local Hiring Policy for Construction Annual Report that the SF Mayor's Office submits to the San Francisco Board of Supervisors. She has also assisted the City of Hayward and the San Francisco Bay Area Rapid Transit District (BART) with developing local hire reports. 269
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 10 LOCAL HIRE TRACKING AND REPORTING
Ms. Brown designed and launched a first-of-its-kind cloud-based CRM tool for tracking construction job leads across hundreds of projects. Her CRM tool matches available construction workers to identified employment opportunities and increased policy compliance through increased job matches and hiring. She also provided onboarding and training for 20 Compliance Officers and Job Developers on the CRM solution.

WORKFORCE & ECONOMIC DEVELOPMENT
Ms. Brown’s Workforce Development program management experience includes competency- based enterprise Learning and Development, Onboarding, Employee Engagement, and Workforce Pipeline programs. She has led multiple teams through the change management process to launch innovative training, skill development, compliance, and technology tools.

Prior to entering the Workforce Development field Ms. Brown was a Senior Economic Development Analyst for the County of Alameda’s Public-Private Partnership Economic Development Alliance. While in this role, she conducted research on indicators affecting the East Bay’s unique economy, demographic trends, and produced economic forecasts that were utilized by local municipal and business leaders to drive data-backed economic and business development efforts.

CERTIFICATIONS
& PROFESSIONAL

DEVELOPMENT
 C ertificate in Human Resources
Administration

L
abor Compliance & Prevailing
Wage Certification
 Certificate in Local Economic Development
STEPHANIE R. BROWN

PRINCIPAL-IN-CHARGE,
Workforce Integrity and Training Solutions, LLC.

SECTION 3

PRENTISS JACKSON

SENIOR COMPLIANCE OFFICER
Workforce Integrity and Training Solutions

LOCAL HIRE & SMALL BUSINESS EXPERIENCE
Prentiss Jackson has advocated for educational and employment opportunities for the Bay Area's most vulnerable populations for over 20 years. Currently, Prentiss works with the National Association of Minority Contractors Northern California (NAMCNC) as the Small Business and Workforce Development Director. His role is to assist, advise and create opportunities for small business and workforce sectors within the construction industry. Via partnerships with numerous community-based organizations, labor unions, and government agencies, he works to close the gaps that exist for many Bay Area residents.

During his work on the Chase Center, Mr. Jackson worked with non-profit organizations to ensure that San Francisco residents worked on the project and that the project exceeded local hire requirements. Also Mr. Jackson led the implementation of retention support services for extremely disadvantaged residents. In addition, Mr. Jackson ensured the utilization of San Fancisco based small businesses on the project exceeding project goals. In addition, he ensured the utilization of San Francisco based small businesses on the project exceeding project goals. While beginning his community development career, he attended Peralta Colleges before graduating from San Francisco State University majoring in Urban Studies and Planning. He also has a certificate from the Clemson University Department of Construction Science and Management and is a Willie L.

Brown, Jr. fellow. He has received service awards from A. Philip Randolph Institute, California State Assembly- David Chiu, California State Assembly- Phil Ting, California State Board of Equalization- Malia Cohen, California State Senate- Scott Wiener, Cornerstone Institute for Anointing - Wayne H. Perry, and San Francisco Office of the Mayor- Mayor London Breed.

Prior to his work with WITS,
Mr. Jackson has worked with:
 Mortenson|Clark Joint Venture
 San Francisco Office
of Economic Development

San Francisco Public
Utilities Commission


Richmond Unified School District
270
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 11 SECTION 3

SHANNON NOEL

DATA SCIENTIST
Workforce Integrity and Training Solutions

DATA ANALYSIS/SCIENCE EXPERIENCE
As a Data Analyst for WITS, Shannon Noel conducted data wrangling and EDA (exploratory data analysis) on workforce and internship data using Excel, Python, and Tableau. This analysis uncovered $17M+ in wages paid to our client’s competition. Then, she completed equity analysis on internships in California and presented the findings to the EEO subcommittee.

TEACHING EXPERIENCE
Since 2011, Shannon Noel taught math at a diverse middle school in Alameda. She served on a variety of leadership teams representing the math department and analyzing student data. Shannon Noel led teams of teachers and administrators through student data to uncover patterns of inequity. These insights on student behavior data resulted in a 10% decrease in discipline incidences of African American male students by the end of the school year.

SHIRLEY TREVINO

LABOR COMPLIANCE EXPERT
Workforce Integrity and Training Solutions

Shirley Trevino is a bi-lingual Labor
Compliance Expert with experience
working as a Deputy Labor Commissioner
for the California Department of Industrial
Relations (DIR), OLSE, and as a consultant
on multiple locally and federally funded
projects throughout California. Ms. Trevino
and Ms. Brown together will share the
duties of training project and construction
management staff on prevailing wage
compliance methods.

LABOR COMPLIANCE EXPERIENCE
Shirley Trevino is a bi-lingual Labor Compliance Expert who has experience working as a Deputy Labor Commissioner for the California Department of Industrial Relations (DIR), Ms. Trevino wrote the Labor Compliance policies for the City and County of San Francisco Office of Labor Standards Enforcement and conducted training and policy on-boarding for all Compliance Officers.

LABOR RELATIONS EXPERIENCE
Shirley Trevino began working in labor relations in 1975, eventually becoming the Agricultural Labor Relations Board - Chief of Operations. Ms. Trevino started working in San Diego County in 1988, where she provided labor relations expertise for several San Diego County schools. Representing educators and staff to negotiate wages and benefits at Southwestern College, San Diego City College, Mesa College Mira Mar College, Poway, Encinitas, and Escondido School Districts. Additionally, she represented members in hearings, identified and developed member leaders, chapter officers, and stewards.

WORKFORCE DEVELOPMENT EXPERIENCE
Ms. Trevino began administering and implementing - Center for Employment Training’s (CET) program for participants with multiple employment barriers in 1990. While at CET, Ms. Trevino created a Medical Technician training program, which would be on par with a pre-apprenticeship program today.
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JAVIER MARQUEZ

LABOR COMPLIANCE MONITOR
Workforce Integrity and Training Solutions

LABOR COMPLIANCE EXPERIENCE
Since 2010, Javier Marquez has worked as a Labor Compliance Monitor and Analyst, overseeing California Labor Code and Davis Bacon and Related Acts requirements on projects ranging from large-scale public works infrastructure to School Districts and Re- use Authority projects. Mr. Marquez is bilingual and utilizes his expert skill at ensuring compliance with wage, labor and apprenticeship laws while visiting project sites and interfacing with workers.

Mr. Marquez has extensive experience reviewing Certified Payroll and Inspection Reports, conducting site visits and audits, and providing documentation and evidence for hearings. Through his Labor Compliance work, Mr. Marquez has successfully recovered millions of dollars for workers. Mr. Marquez holds an Associate in Arts Degree from Gavilan College.

PATRICK J. WIRSING

NCECI - SENIOR COMPLIANCE OFFICER
Workforce Integrity and Training Solutions

LABOR COMPLIANCE EXPERIENCE
Since beginning his Labor Compliance career in 1999, Pat Wirsing's experience includes prevailing wage (California and Davis Bacon) and Public Utilities Code compliance. compliance on public works and private projects throughout the state of California.

Mr. Wirsing has decades of experience reviewing and verifying Certified Payroll Records, visiting project sites, interviewing workers and project leads, conducting payroll audits, verifying certification of Electricians, and collecting and documenting evidence of wage and labor violations or fraud. Mr. Wirsing has testified at multiple hearings and successfully brought multiple cases to resolution.

Prior to his Labor Compliance Career, Mr. Wirsing was a Deputy Sheriff with the Sacramento County Sheriff’s Department. He brings his decades of public safety and criminal investigation experience to his labor compliance methodology. He holds an Associate in Art and Social Science Degree from Cosumnes River College. and a Bachelor of Arts-Criminal Justice from California State University Sacramento. Mr. Wirsing also has teaching credentials from National University in Sacramento California. 272
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ORGANIZATIONAL STRUCTURE

ARDIS GRAHAM
Principal/Owner

STEPHANIE BROWN
Principal-in-Charge/
Project Manager

SHANNON NOEL
Data Scientist

SHIRLEY TREVINO
Labor Compliance Manager

PRENTISS JACKSON
Local Hire Analyst

MARIA REYES
Administrative Specialist

PAT WIRSING
Labor Compliance Analyst

JAVIER MARQUEZ
Labor Compliance Analyst
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SECTION 4
Relevant Experience
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CONDUCTING ALL PRE-CONSTRUCTION MEETINGS AND CONFERENCES

EXPERIENCE
Stephanie Brown, Project Manager, led
pre-job meetings for the San Francisco Bay
Area Rapid Transit District Major Projects
Hayward Maintenance Complex and
East Contra Costa BART Extension, and
represents the City of Hayward at Pre-Job
meetings for their CWA.

Prentiss Jackson, Local Hire Director, led
pre-job meetings for the San Francisco
Public Utilities Commission WISP PLA as
well as for the Chase Center project in San
Francisco.

APPROACH
 Facilitating Pre-Construction
Meetings:

Providing contractors with a
clear understanding of the CWA's
implementation is the first step in its
effective implementation. Contractor
education is a key component of successful
CWA administration.

In keeping with the County's Health
Officer's Social Distancing requirements,
we presume that these meetings will be via
video conference. Consequently, we can
also easily schedule other experts, such as
pre-apprenticeship programs, to provide an
overview of the CWA's general provisions
and policies. They will also be available to
answer questions.
 Pre-bid meetings:

At pre-bid meetings, to support City staff,
we will explain the requirements of the
CWA with a focus on the local hiring goals
and needs. WITS will work with the JAC*
to develop a Union Information Packet
and a Contractor Information Packet.

Both documents will incorporate all of
the CWA's essential points/goals, given
to all contractors present, along with an
informational sheet entitled 'Working under
the Hayward CWA,' a shorter version CIP.
— WITS will also distribute the Union
Information Packet (UIP) to union
representatives and union dispatch
personnel. It will contain focused
information specifically tailored to the
unions about the CWA.
— At pre-bid meetings, WITS is
available to present the prevailing
wage requirements to contractors
in attendance. The presentation will
highlight the City's Labor Compliance
Program requirements.
 Notice to Proceed (NTP):

Within one week of the issuance of the
Notice to Proceed, WITS shall meet with
the Contractor to review and approve its
compliance plan for reaching the local
hiring goals, using the required compliance
plan form we provide (which the JAC will
preapprove).
 Pre-Construction Meetings:

The pre-construction meetings will be the
last opportunity before construction to
orient the contractors on the CWA's various
requirements.

After the award of the contract, WITS is
available to schedule and attend a separate
pre-construction meeting and facilitate
the discussion as described in Title 8
of the California Code of Regulations
(8CCR) §16421(a)(2). We will call these
meetings Labor Compliance Program Pre-
Construction Meetings (LCPPCM). During
the LCPPCM, WITS will present applicable
federal (Davis Bacon and Related Acts
"DBRA") and state labor law requirements
and distribute copies (we recommend
doing this via email through the resident
engineer "RE") of reporting forms. Each
Contractor and subcontractor will receive a
checklist consistent with state and federal
regulations enumerating the Contractor (s)
labor law requirements to sign and submit
to the RE.
 Facilitating Pre-Job Conferences
All CWAs, PLAs, and PSAs we have
seen require contractors to attend
Pre-Job Conferences. WITS facilitates
approximately one hundred fifty pre-job
conferences a year, and since mid-March
2020, these meetings are all remote.

Although these meetings originally moved
to remote in response to County Health
Officers' Health Orders, we find the
remote meeting to be an excellent medium
for ensuring contractor compliance,
and accurate documentation of craft
assignments, etc. Consequently, we highly
recommend that the City's PJCs be remote.

WITS has experience facilitating dozens
of pre-job meetings via video conference,
coordinating with the contractors and all
affiliated unions in the County. We also
produce minutes for the meetings generally
within two days but have a minimum
service level standard of five days. Attached
to the proposal is a draft set of minutes and
a sample pre-job form for your review. 

OUR APPROACH IS ROOTED IN EXPERIENCE
* although we have not seen a draft of
the City's CWA, most have a labor/owner
governance body commonly referred to as the
Joint Administrative Committee. If the current
draft of the CWA does not include such a
governance body, we highly recommend it.
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ENFORCING ANY AND ALL PROVISIONS OF THE CWA

EXPERIENCE
Stephanie Brown, Principal-in-
Charge and Project Manager, is
experienced with enforcing both CWA and
prevailing wage requirements. She was a
Lead Labor Compliance Officer and one
of the founding members of the Bay Area
Rapid Transit District’s internal Labor
Compliance group where she developed
labor compliance policies, procedures,
contractor education materials, and
compliance tools.

Prentiss Jackson, Local Hire
Director, has managed and implemented
PLAs and local hire programs for the City
and County of San Francisco and the San
Francisco Chase Center and has extensive
experience creating pipeline programs to
connect local workers to employment in the
construction industry.

Shirley Trevino, Labor Compliance
Director, began enforcing labor contracts
in 1988, and subsequently, she has
recovered millions of dollars in back wages
for workers.

Pat Wirsing, Labor Compliance
Analyst, began his Labor Compliance
career in 1999 and was Lead Compliance
Officer for both the Northern California
Electrical Contractor Industry and the
California Public Utilities Commission
where he enforced California’s Labor
and Public Utility Codes. Prior to his
Labor Compliance Career, Mr. Wirsing
was a Deputy Sheriff for the County of
Sacramento.

Javier Marquez, Labor Compliance
Analyst, has overseen Labor Compliance
investigations on projects for School
Districts and Public Agencies. Since
beginning his Labor Compliance career
in 2010, Mr. Marquez has successfully
recovered millions of dollars in back wages
for workers.

APPROACH
The first step to enforcing the CWA is
educating prime and subcontractors.

Through education, one generally can
limit their enforcement actions. This
proposal does not include a detailed
approach to labor compliance; however,
WITS is available to provide labor
compliance expertise.

Utilizing our team's many years of
experience, and after the JAC's approval,
we will develop an information packet for
contractors. This Contractor Information
Packets (CIP) will provide contractors
with all of the necessary information to
successfully implement the PLA. The CIP
can even include a list of local certified
small businesses ready, willing, and able to
work on the CWA.

We will divide our approach to enforcement
of the PLA: Matters of Law and Matters of
Contract.

MATTERS OF CONTRACT:

Some enforcement of CWA is a matter of
contract enforcement. For these areas,
WITS will not have a state or federal agency
in charge of enforcement, so we will need to
use the document's grievance mechanisms.
 Pre-Job Conferences:

WITS facilitated hundreds of pre-jobs and
consistently requires that all contractors
submit all of their pre-job forms before
scheduling them to participate in a pre-
job meeting. Adherence to this document
submission requirement helps to ensure
that all contractors understand the CWA's
requirements and that unions understand
each contractor's scope and time on the
project.

LOCAL HIRE:

On at least a monthly basis, WITS shall
review local hiring progress on each
project to determine contractors that are
in apparent non-compliance with the local
hiring goals.

CONTRACT LISTING LAW VIOLATIONS:

Although the PLA does not speak to this
issue directly, one thing that happens
on projects is manipulating bidding
practices by violating California's Listing
Law. The WITS field monitor team
is trained to ask Superintendents and
owners who may be onsite to identify
any listing law violations, notify the RE,
project manager, and, if necessary, the
Contractor's State Licensing Board.

MATTERS OF LAW:

PREVAILING WAGE ENFORCEMENT:
divides into Monitoring Prevailing Wage
Payments, Tracking Certified Payroll
Submission, Reconciling Certified Payroll
Records (CPR), and, if necessary, notifying
enforcement agencies of non-compliance.
 Monitoring Prevailing Wage Payments:

The Davis-Bacon Act requires the weekly
payment of wages and the submission
of CPR. WITS has recommendations for
contract language to ensure full compliance
by all contractors. Regular and timely
transmission of CPR allows the compliance
team to regularly and quickly review the
CPR and reduces costs to the City by
reducing the administrative burden of
requesting CPR.
 Tracking Certified Payroll Submission:

An additional WITS recommended best
practice is to require all contractors and
subcontractors to submit their CPR to the
City using an electronic certified payroll
system. If there is not one already used by
the City, then WITS can provide one.

If the City elects not to use eCPR, WITS
has developed a CPR tracking and data
analysis system currently in use on several
of our large public works projects to
monitor submittals. WITS tracks CPR
submittal to project owners and the State
DIR and regularly notify contractors and
City Staff when CPR is late. WITS will sync
CPR submittal requirement and tracking
system to address specifications in City
contract language.

WITS can provide the project and
construction management teams a
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dashboard that will show the compliance
status of several issues, such as an
apprentice utilization scoreboard, CPR
submission status, local workforce
compliance scorecard, and DAS 140 DAS
142 submissions.

Delinquent CPR Notification: WITS can
also provide the City with an automated
contractor notification system for failure to
submit CPR timely.
 Certified Payroll Records Review:

If no eCPR system is available, then after
logging the information, we will manually
review for prima facia compliance with the
relevant prevailing wage determinations.

WITS can also ensure that the fringe benefit
statement and other required documents
are current.

Throughout the project's life, to identify
sub-tier and unlisted subcontractors who
work on the project. WITS would use the
CPR confirmation process through the
weekly review of worker sign-in sheets (a
WITS recommended best practice) and
Inspection Reports to ensure all contractors
are accounted for and update the contractor
tracking system accordingly. If contractors
are not in the inspection reports, but WITS
staff identified them through site visits
or sign-in sheets, WITS will notify the
CM team ASAP. If contractors have not
submitted CPR but have performed onsite
work, WITS will inform the prime, RE, and
the City within five days of the delinquency.
 Reconciling Certified
Payroll Records:

WITS recommends confirming the CPR
consistent with 8CCR §16432(C) and the
California Department of Transportation
Local Assistance Program. These
regulations call for validating the CPR's
accuracy by confirming at least one
worker for at least one weekly period per
month using independent sources, such
as employee interviews, daily inspection
reports, and payroll records, such as pay
stubs and canceled checks.
 Potential Violations:

If WITS identifies an underpayment of
prevailing wages or other problems on the
certified payroll, we will write the Contractor
and request proof of proper wages paid
(see Appendix A). The Contractor will be
required to respond within ten business
days. If the Contractor does not respond
within the given timeframe or, subsequently,
is unwilling to resolve the issue, WITS
will refer the matter to the California
Department of Industrial Relations (DIR)
and or the US Department of Labor (DOL).

When we identify such contractors,
WITS will initiate the following steps:
— Inform the general Contractor
and any apparent non-compliant
subcontractor(s) about issues with the
Local Hire Program and good-faith-
efforts to reach the established goals.
— If necessary, request the prime
Contractor's attendance and
the apparent non-compliant
subcontractor(s) at the next scheduled
meeting of the joint Committee discuss
the issues identified. For the discussion,
WITS will invite representatives of the
construction union(s) in whose trade the
apparent non-compliance is identified
to help determine if residents were/are
available for dispatch to the Contractor.
— If the first two steps do not work, we
may need to file a grievance against the
Contractor for failing to follow good-
faith-efforts to meet the local hire goals. 

CWA IMPLEMENTATION

APPROACH
For purposes of simplicity, our approach
follows the flow of many CWAs and aligns
with most agreements. and aligns with
the agreement itself. We describe our
approach to significant aspects of CWA
coordination, such as Small Business,
Labor Compliance, Local Hire, and Work
Opportunity Program in detail in their
sections that follow the CWA's general
implementation and coordination.

Also, WITS can perform site visits for
labor compliance and commercially useful
function, and overall project director,
Stephanie Brown, will lead and direct
those activities. Standard CWA and CWA
language includes provisions for WORK

STOPPAGES, STRIKES, SYMPATHY
STRIKES, AND LOCKOUTS. While we
have seen many CWA Coordinators view
this type of language as rather general
and even generic, WITS sees it as the
document's binding thesis. The WITS
team will collaborate with the City of
Dublin and its construction management
team to develop CWA Standard Operating
Procedures (SOPs).

WITS has experience administering over
$7 billion in CWA covered construction
projects with a minimum of issues
requiring arbitration. It demonstrates
our ability to engage with unions and
contractors to achieve a peaceful resolution
Our team has
unparalleled
expertise in labor
compliance
30 Experience
Years
OVER
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of disputes and accordingly develop and
implement SOPs.

These SOPs would be approved by the
Joint Administrative Committee and
widely distributed to the CWA parties,
including being incorporated into the
UIP and CIP for distribution at pre-bid
meetings to contractors. The SOPs define
and clarify, consistent with the Scope of
the Agreement, the CWA’s implementation.

The WITS Project Manager or Labor
Relations Representative will use the SOPs
as an outline to discuss the agreement's
scope at pre-bid and pre-construction
meetings.

CWA standard Referral Procedures require
that all workers be onsite consistent with
Schedule A. Our Analyst understands
how to combine site inspections to ensure
compliance with prevailing wage laws and
compliance with the CWA.

Our team has experience providing
detailed local hire and PLA reports. The
SFPUC is still using the PLA reporting
format that started when Ardis Graham
was the PLA administrator in 2007. WITS
has extensive skills to create reports using
paper CPR.

Such a system can save the City of Dublin
thousands of dollars by reducing expenses
by construction management, labor
compliance, and workforce development,
collecting paper CPR, calculating
wages and local hire utilization, and
then producing reports for the Joint
Administrative Committee and the City.

WITS also understands how to use these
systems to quickly generate reports to
answer questions from the City Council
and the public promptly.

We believe that your City Council and
the public will want to know the efficacy
of articles referring to the hiring and
retention of Local workers and apprentices.

Using an electronic payroll system, we can
produce detailed real-time reports of the
local hire program status. These reports
will also detail the compliance methods,
i.e., a previously employed City of Dublin
resident or a New Apprentice.

The fastest way to create labor strife on a
CWA project is failing to track and validate
cCore Employees' qualifications. If the
CWA includes Core Employee language,
compliance requires careful monitoring
and validation. WITS would use the JAC to
vet and approve any documentation used
to establish when a core employee meets
these requirements.

We would maintain and retain detailed
records of these employees - and always
protect worker privacy - while providing all
parties with transparency with compliance
standards. For example, we will give the
JAC a report that shows all core workers
by an employer, time with employer, craft,
and zip code while removing personal
information like workers' names and
addresses.

Standard Wages/Benefits language is
the section where labor compliance and
CWA coordination overlap most clearly.

To achieve this, WITS will provide labor
compliance. We detail our program in this
proposal under Enforcing the CWA, and
we can provide detailed labor compliance
SOPs for the City.

We are currently working with the City of
Hayward to administer their Community
Workforce Agreement Local Hire and
Labor Compliance activities on covered
projects. As part of our regular practice,
we confirm certified payroll records
within the meaning of the California Code
of Regulations Title 8 §16461(d) "the
corroboration of information in payroll
reports through independent sources."
We confirm CPRs by carefully reviewing
the daily inspection reports, worker
interviews, and other payroll records. This
activity ensures that workers are paid
wages consistent with the Davis Bacon (if
applicable) and California prevailing wage
requirements. For the City of Dublin WITS
would ensure compliance with the CWA.

As is our practice with the City of Hayward
CWA, WITS will ensure contractors meet
their local hire obligations by comparing
these independent and contemporaneous
records to local hire Compliance Plans
developed with prime contractors.

Subsequently, we would inform the
City project manager if any contractor's
existing workforce is disconnected
from their submitted and agreed upon
Compliance Plan.

Our team has extensive experience
implementing Grievance Arbitration
Procedures. Over the last 14 years, our
team has facilitated or resolved grievances
of varying complexity from minor issues,
e.g., subcontractors not attending pre-
jobs, to multi-million-dollar disputes.

Each possesses the same challenge –
implementing a transparent process for
all parties - but vary by scale. WITS knows
from our success that rapid and amicable
resolution requires transparency, and
communication with all stakeholders.

The WITS team has experience with
Jurisdiction Disputes and has implemented
dispute procedures for many CWAs and
facilitated the amicable resolution with all
crafts - including those whose procedure is
outside the National Building Trades Plan
for the Settlement of Jurisdiction Disputes
(Plan). Our experience includes helping
prepare cases for the Plan and mediating
resolution without arbitration.
 Facilitating Pre-Job Conferences
CWAs require that contractors attend
Pre-job conferences. WITS implements
the coordination facilitation of over one
hundred fifty pre-job conferences a year.

WITS team has experience
implementing a substance
abuse testing program that
ensured that thousands of
workers were adequately tested,
tracked, and recorded across
the program's construction.
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To ensure safety, greater participation,
and efficiency we propose that all Pre-
Jobs be via videoconference.

WITS has experience facilitating dozens
of pre-job meetings via video conference.

The successful implementation of any
CWA requires arranging the Pre-Jobs
with the contractors and all affiliated
unions in the County. It also requires
the rapid and accurate production of
meeting minutes.

As the administrator of the SFPUC and
the BART CWAs, the WITS team has
experience implementing a substance
abuse testing program that ensured that
thousands of workers were adequately
tested, tracked, and recorded across
the program's construction. Besides
our experience with substance abuse
testing protocols, WITS administered
four CWAs for oil refineries, which have
extensive health and safety protocols.

WITS will use this experience to
establish procedures for how individual
contractors will implement substance
abuse testing and other health and safety
measures the City and Council may agree
to in the future. 

PRODUCING REPORTS AS APPROPRIATE

LEVERAGING ARTIFICIAL INTELLIGENCE AND DATA

ANALYTICS
The WITS Team leverages technology and analytics to create the industry's best practices in CWA Administration, Labor Compliance, Workforce Development, and Small Business Support Services. The upshot is a singular cohesive and agile industrial relations program that results in the best value for the City of Dublin.

EXPERIENCE
Our team has well over two decades of experience with CWA implementation and enforcement.

Ardis Graham, Principal, as PLA Administrator for the SFPUC, helped develop their PLA quarterly reports in 2007, and the SFPUC continues to use his format.

Stephanie Brown, Principal-in-Charge, developed a first-of-its-kind cloud-based client relationship management (CRM) database linked to online Certified Payroll Reports and linking jobseekers with contractors on public works projects in San Francisco. The compliance tools and reports she developed during her tenure in San Francisco are still in use today.

Prentiss Jackson, Local Hire Director, has managed PLAs for the City and County of San Francisco and the Chase Center Project and has extensive experience creating pipeline programs to connect local workers to employment in the construction industry.

Shannon Noel, CWA Data Scientist, is a former middle school teacher who also has experience with providing detailed workforce development data analytics for the State of California and performing detailed workforce development data analytics contractors' associations.

We strongly believe our team's strategies will produce:
— Cohesive and transparent labor relations to help ensure that high skilled workers build District projects with labor harmony;
— Full labor compliance monitoring ensuring compliance with both federal and state prevailing wage requirements (as applicable);
— Ensure that opportunities to earn a middle-class income by starting their career revitalizing CWA's infrastructure.
— Ensure that small, local, minority, and women-owned firms can compete to win and execute PLA and other contracts successfully.
— We also have access to a team of economic advisors and forecasters who can assess and analyze the CWA's economic impact through project costs, local hire salary impact, MC3 participant incomes, and local small business utilization. ✓ We recommend using
an electronic certified
payroll system
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ASSOCIATED LABOR/MANAGEMENT MEETINGS

FACILITATE EXCELLENT

LABOR-MANAGEMENT

MEETINGS
As was stated before, we highly recommend
immediately organizing The Joint
Labor-Management Committee (Joint
Administrative Committee). It is an excellent
place to start integrating Labor and contractor
relations into the City's Districts' project
workflow. The WITS team is very experienced
in facilitating Joint Labor-Management
meetings to provide CWA governance and
administration. Many CWA administrators
use these meetings as merely an item to
check off of their to-do list. WITS uses these
meetings as a meaningful way to engage Labor
and Contracting to implement the program
successfully. Of course, because of COVID,
we would host quarterly Joint Committee
meetings via video conference.

Of course, we will provide the basics, such
as agendas and minutes, at least seven days
before the meeting and within five days
after. But we will also provide follow-up
and research on the projects and have the
capacity through our in-house data scientist to
provide detailed workforce and small business
utilization analytics. Analytics can tell all
parties much about the project's direction and
insight into possible labor-management strife.

Together with the Department, Labor and
contractors, our team can better understand
how to leverage resources to implement the
workforce and small business programs
successfully. Our data analytics team recently
worked with the California Division of
Apprenticeship Standards (DAS) to review and
analyze thousands of apprentices across the
state to help make policy recommendations
for creating tens of thousands of new
apprenticeship opportunities.

We hope to work with the city staff to
participate and provide an overview of the
Strengths, Weaknesses, Opportunities,
and Threats (SWOT) on CWA projects.

Understanding the SWOT Analysis can
help create an environment of collaborative
problem solving on the JAC.

Creating a collaborative culture is key to
converting the WITS team's excellent working
relationships with unions into value for the
City of Dublin. Through our collaborative
culture, we can better achieve Local Hire goals.

Also, we understand how to leverage our
relationships with Labor to lower project costs!

EXCELLENT LABOR RELATIONS LEADS

TO LOWER PROJECT COSTS
May sound like pie in the sky, but the WITS
team has deep experience using labor relations
to lower project costs. Here are three simple
examples. After 80 years of not building
tunnels, the SFPUC needed to construct two
large-scale (over $250 Million each) tunnel
projects. Our team used their excellent
relationships with the Laborers International
Union of North America (LIUNA) and the
International Union of Operating Engineers
(IUOE) to engage many of their national
tunneling contractors in the bidding process.

Partnering with these unions, and their
contractor partners, likely saved the PUC over
$25,000,000.

While at San Francisco Bay Area Rapid
Transit District (BART), a multiple escalator
repair and replacement contract was issued.

However, the existing BART process only
resulted in one bidder submitting a bid for
millions of dollars over BART's budget for
the project. Consequently, the BART Board
rejected all bids. Ms. Brown’s team worked
with the International Union of Elevator
Constructors to bring together the country's
largest escalator contractors. Mr. Graham then
helped facilitate a collaborative discussion
between these contractors and manufacturers
with BART operations and engineering design
to recalibrate the contract specifications. These
discussions resulted in a new contract that was
within budget.

These are two examples of how our excellent
labor relations added quantifiable value to
owners. In addition to expanding the pool
of qualified bidders and utilizing qualified
contractors to comment and improve your
bid documents, you can also use labor
relations to broaden the pool of skilled
workers. WITS team members worked with
LIUNA and IUOE to develop and deliver
California's first tunnel workers' training
program. Partnering with the two unions,
they helped create a training program in San
Ramon, California, that expanded pool of
local workers with a high demand skill set.

The result was lower costs from having to
bring in qualified workers from other parts
of the country. We are happy to leverage our
relationships to create this kind of value for
the City of Dublin.

SECTION 4

PLA IMPACT ON PROJECT COSTS
Similar

VUSD PLA
Project

LEVERAGING ARTIFICIAL

INTELLIGENCE AND DATA

ANALYTICS
We view our success at using
labor relations to lower project
costs and improve the economy
as a significant differentiator
Regional
Non-PLA USD
ProjectsRegional

PLA USD
Projects
280
SECTION 5
Fee Schedule
281
Workforce Integrity & Training Solutions  November 15, 2021  Proposal to The City of Dublin 22 FEE SCHEDULE
We are pleased to offer the City of Dublin different options for fees.

OPTION A:
 CWA Administration
(with Detailed Local Hire Coordination
& Labor Compliance) – Annual Not to
Exceed Budget $72,000.00 + $2,000 to
meet the RFQ requirement 4.4.4
— Pre-job Conference Coordination,
Facilitation and Minutes- $300 /
meeting
— JAC Meeting Coordination and
Facilitation - Hourly Based on Need
— Grievance & Jurisdiction Management
and Support – Hourly Based on Need
— Report Development & Analysis -
Hourly Based on Need
— Dedicated Local Hire Services – Hourly
Based on Need
— Labor Compliance Services with site
visits - Hourly Based on Need
OPTION B:
 CWA Administration
(with Labor Compliance) - Annual Not to
Exceed Budget $52,000.00 + $2,000 to
meet the RFQ requirement 4.4.4
— Pre-job Conference Coordination,
Facilitation and Minutes- $300 /
meeting
— JAC Meeting Coordination and
Facilitation - Hourly Based on Need
— Grievance & Jurisdiction Management
and Support – Hourly Based on Need
— Report Development & Analysis -
Hourly Based on Need
— Labor Compliance Services with site
visits - Hourly Based on Need
OPTION C:
 CWA Administration
Annual Not to Exceed Budget
$35,000.00 + $2,000 to meet the RFQ
requirement 4.4.4
— Pre-job Conference Coordination,
Facilitation and Minutes- $300 /
meeting
— JAC Meeting Coordination and
Facilitation - Hourly Based on Need
— Grievance & Jurisdiction Management
and Support – Hourly Based on Need
— Report Development & Analysis -
Hourly Based on Need
HOURLY BILLING RATE WILL BE:

SECTION 5
1/1/2022 -
12/31/2022
1/1/2023 -
12/31/2023
1/1/2024 -
06/31/2024

WITS TEAM MEMBER ROLE HOUR RATE
Project Manger $206.00 $212.00 $218.00
Labor Compliance Director $72.10 $74.20 $76.30
Data Scientist $51.50 $53.05 $54.64
Labor Compliance Analyst $30.90 $31.80 $32.70
Admin $20.60 $21.20 $21.80
1/1/2022 -
12/31/2022
1/1/2023 -
12/31/2023
1/1/2024 -
06/31/2024

WITS TEAM MEMBER ROLE HOUR RATE
Local Hire Director $195.70 $201.57 $207.62
Local Hire Analyst $154.50 $159.14 $163.91
Local Hire Assistant $103.00 $106.09 $109.27
The hourly rate listed does not include the Safe Harbor Indirect Cost Rate, which by memo dated July 2018 the California Department of Transportation deemed as consistent with the Federal Cost Principles of Title 48 of the Code of Federal Regulations §31 (8 CFR 31). 282
SECTION 6
Standard Agreement Confirmation

Workforce Integrity and Training Solutions, LLC confirms it is able to meet the City’s Standard Consulting Agreement and insurance requirements as provided. 283
CITY OF DUBLIN CITYWIDE CURB RAMP PROJECT ADDRESS: VARIOUS AREAS THROUGHOUT DUBLIN JUNE 02,2021 WORKFORCE INTEGRITY AND TRAINING SOLUTIONS 44 Montgomery Street, Suite 2-118 San Francisco, CA 94104 (415) 364-8467 Page 1 of 1 CONTRACTORS IN ATTENDANCE: Sample Engineering – John Engineering Example Trucking – Roger Trucking Demo Consulting – Rick DemoCONTRACTORS ABSENT: Schotka Construction UNION AFFILIATES IN ATTENDANCE: John Q. Laborer / Laborers Susie Q. Driver / Teamsters Jane Electric / IBEW Oliver Operator / OE3 MINUTES The meeting was called to order at 10:45 AM. Stephanie Brown facilitated the meeting. The following are general project questions and answers. Pre-Job Questions & Answer Contractor Subs? Sub Pre-job Status Q1 A1 Q2 A2 Q3 A3 Sample Engineering See Below See Below T- Any delivery of ready-mix? Central Concrete OE3- Addresses for the location? Will send via email T- Any water trucks or street sweepers? No Example Trucking N/A N/A T - Start date? Early as Monday Demo Consulting N/A N/A Laborers - If something is out of place, do you fix it? No, we inform the contractor CRAFT ASSIGNMENTS “The work assignments only cover the scopes of work that were presented at the pre-job meeting.” Ardis Graham facilitated discussion of the project’s work assignments, noted in the table below. Craft Assignments Contractor Scope Assignment Claims Claims Claims Sample Engineering Excavation OE3 Teamsters - General claim Sawcut, Demolition, Subgrade Preparation & Pour concrete Laborers AC Paving CM Example Trucking Trucking Teamsters Demo Consulting SWPP and Inspection Does not believed work is covered under PLA. Demo will coordinate with OE & Lab to determine if covered by PLA. If so, they will need to assign the work and notify CCBT in writing OE3 - Claims full scope *The Teamsters claim the on and off haul of any and all Materials and debris, any in motion discharge from Water Trucks, any and all Ready-Mix trucks, and or street sweepers in and around the job site. The use of Forklifts, when used in and around the warehouse and construction laydown yards for loading and unloading purposes. Additionally, the Teamsters claim any and all transportation of all workers via Busses, Vans, and Trucks. ADJOURNMENT 284

WWOORRKKFFOORRCCEE IINNTTEEGGRRIITTYY

AND TRAINING SOLUTIONS

WITSLABOR STANDARDS

FACT SHEET
Information and requirements for contractors and subcontractors bidding on public works contracts in the city
— All work is subject to compliance monitoring and enforcement by the city's Labor Standards Enforcement (LSE) team. — LSE Compliance Officers have the right to engage in random inspections of job sites and to have access to the employees of the contractor, employee time sheets, inspection logs, payroll records and employee paychecks. — Failure to comply with prevailing wage requirements shall result in a forfeiture of back wages due plus penalties of not less than $50 per day per worker, and may result in disqualification as a contractor or subcontractor on any public work or improvement for in the city's or the state of California. CA State Labor Code Section 1775 ✔ Pay workers the correct prevailing wage
rates for each craft, classification and
type of work performed. CA State Labor
Code Section 1773 and 1774
✔ Submit certified payroll reports and
fringe benefit statements into the city's
electronic payroll reporting system
(Elation Systems, Inc.). CA State LC
Section 1776
✔ Maintain Labor Standards Enforcement
(LSE) daily sign in sheets documenting
all hours worked and the classifications
of work performed.
✔ Display LSE provided posters at the
jobsite, informing workers of Prevailing
Wage requirements.
✔ Furnish employees with itemized pay
stubs and retain payroll records.

CA State Labor Code Section 226
✔ Employ apprentices registered in a
state-approved apprenticeship program
and make apprenticeship training
contributions. CA State Labor Code
Section 1777.5
✔ Register with the California Department
of Industrial Relations (DIR). CA State
Labor Code Section 1725.5
285

WWOORRKKFFOORRCCEE IINNTTEEGGRRIITTYY

AND TRAINING SOLUTIONS

WITSLABOR STANDARDS

RESOURCES
The current prevailing wage rates are available on the Internet, from the Awarding Department. For specific information about prevailing wage
requirements you can visit the websites listed below:

For more information, call Workforce Integrity and Training Solutions, LLC at (415) 364-8467 or email [email protected].

DIR PREVAILING WAGE RATES
(Including Scope of Work, Travel, and Holiday Provisions) www.dir.ca.gov/oprl/2020-2/PWD/index.htm

DIR PUBLIC WORKS CONTRACTOR REGISTRATION
www.dir.ca.gov/Public-Works/Contractor-Registration.html

DIR PUBLIC WORKS MANUAL
www.dir.ca.gov/dlse/PWManualCombined.pdf

APPRENTICE WAGE RATES
www.dir.ca.gov/oprl/pwappwage/PWAppWageStart.asp

APPRENTICESHIP PRO-GRAMS, REQUIREMENTS & FORMS
www.dir.ca.gov/DAS/PublicWorksForms.htm

CONTRACTORS STATE LICENSE STATUS
www2.cslb.ca.gov/OnlineServices/CheckLicenseII/CheckLice nse.aspx

ONE CLICK
resource access
286

Ardis Graham
Workforce Integrity and Training Solutions

THE CITY OF DUBLIN
Program Standard
Opperating Procedures
287
1 Table of Contents
A. GENERAL
B. PURPOSE
C. OBJECTIVES
D. SCOPE
I. Confirm for the Resident Engineer that all Contractors Submitted Certified Payroll Timely Guidelines: Certified Payroll Submittal, Verifying CPRs are Complete, Ongoing CPR Review, and Contract Site Visits
II. Verify that Certified Payroll Reports are Complete
III. Ongoing CPR Review
IV. Contract Site Visits
V. Worker Interview Form
VI. Worker Information Card (upon budgetary approval from the city VII. Email Hotline ([email protected])
VIII. Telephone Hotline (601) 301-2305
IX. Guidelines: Audits, Referrals and Withholding Payment 1) CPR System Notification
2) Site Visits
3) Complaints
4) Approval
5) Research
6) Identify the correct PWDs to guide the audit
7) All relevant payroll documents from the contractor will be collected, as defined by 8 CCR §16000
8) Determining the Audit Period
9) Document Review
10) Classifications: Determining which work classifications will be evaluated in the audit
11) Audit Worksheet
288
2 12) When the audit is primarily a misclassification issue 13) Summary Report
14) Audit Package
15) Withholding Payment
16) DIR Referral
17) Civil Wage and Penalty Assessments (CWAPA) (CLC §1741) 18) Department of Labor (DOL) Referral
19) Contractor Actions
20) Review
21) Nonpayment
X. Outreach Activities: (upon budgetary approval from the city) XI. Project Closeout
XII. Administering the city's Electronic Certified Payroll Records CPR system
XIII. Ensuring All Contractors submit Certified Payroll Records to the State of California eCPR System
E. Acronyms
289
February 19, 2021 ❚ WITS Proposal for The City of Anaheim ❚ On-going Labor Compliance Program Services 19 SECTION 4
CPR Tracker
XXXXXXADDRESS:

PAYROLL NO.112/20/20XXXXX
Weekending DateNAMESSNADDRESSCITY, STATE AND ZIPNO.OF WITH-HOLDING EXEMPTIONSTrade SkillST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAYST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAY 1415161718192014151617181920
12/20/20James Smithxxx-xx-xxxx172 Any StreetAnytown, CAM/5JGroup 3; Group 3(A) (Area 2)S88888004041.35O22402001062.03 12/20/20John Doexxx-xx-xxxx181 Main StreetMiddletown, CA 06457S/0JGroup 3; Group 3(A) (Area 2)S88888004031.55O1140200847.33 12/20/20Mike Smithxxx-xx-xxxx64 Pilgrim St.Oroville, CA 95008M/3JCarpenterS88888004046.77O1100200470.16 XXXXXXADDRESS:

PAYROLL NO.112/20/20XXXX
Weekending DateNAMESSNADDRESSCITY, STATE AND ZIPNO.OF WITH-HOLDING EXEMPTIONSTrade SkillST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAYST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAY 1415161718192014151617181920
12/20/20Terry Zxxx-xx-xxxx172 Any StreetAnytown, CA 10012M/5JDriver: Mixer TruckS000001.801.827.65O0000000041.475 12/20/20Ralph Lxxx-xx-xxxx181 Main StreetMiddletown, CA 06457S/0JDriver: Mixer TruckS000001.9701.9727.65O0000000041.475 12/20/20Aaron Sxxx-xx-xxxx64 Maybe St.Garden, CA 12461M/3JDriver: Mixer TruckS000002.6202.6228.15O0000000042.225 Other deductions:

Employee Name401K
Terry Z2
Ralph L5
Aaron S1
XXXXXXADDRESS:

PAYROLL NO.1FOR WEEK ENDING:12/20/20
Weekending DateNAMESSNADDRESSCITY, STATE AND ZIPNO.OF WITH-HOLDING EXEMPTIONSTrade SkillST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAYST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAY 1415161718192014151617181920
12/20/20Steve C.xxx-xx-xxxx199 Any StreetOakway, CA 55555M/0JIronworker (Ornamental, Reinforcing, Structural)S0008000849.3O0002000271.3 12/20/20Jesse Dxxx-xx-xxxx100 Main StreetMiddletown, CA 06457M/3AIron WorkerS0008000845.68O0002000265.87 12/20/20Bryan Sxxx-xx-xxx35 Red St.Redville, CA 12220M/3JIronworker (Ornamental, Reinforcing, Structural)S0008000855.3O0002000280.3 XXXXXXADDRESS:

PAYROLL NO.1FOR WEEK ENDING:12/20/20
Weekending DateNAMESSNADDRESSCITY, STATE AND ZIPNO.OF WITH-HOLDING EXEMPTIONSTrade SkillST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAYST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAY 1415161718192014151617181920
12/20/20Robert Dxxx-xx-xxxx789 John StreetEvergreen, CA 20107M/0JDriver: Mixer TruckS0001.250001.2528.5O000000000 12/20/20Clark Pxxx-xx-xxxx255 Main StreetPlaza, CA 12345M/0JDriver: Mixer TruckS0002000228.5O000000000 12/20/20Peter Lxxx-xx-xxxx500 Lovers St.Valentine, CA 56789Oroville, CA 95008S/0JDriver: Mixer TruckS0002000228.5O000000000 ADDRESS:

PAYROLL NO.1FOR WEEK ENDING:12/20/20
Weekending DateNAMESSNADDRESSCITY, STATE AND ZIPNO.OF WITH-HOLDING EXEMPTIONSTrade SkillST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAYST/OT/DTMonTueWedThuFriSatSunTOTAL HOURS RATE OF PAY 1415161718192014151617181920
12/20/20Jeffrey Wxxx-xx-xxxx345 Happy StAnytown, CA 76859JInside Wireman, TechnicianS0000700751.47O000000000 12/20/20Alexander Oxxx-xx-xxxx181 Christmas St.Middletown, CA 77890JInside Wireman, TechnicianS0000700757.9O000000000 Electrician
Electrician

WORK CLASSIFICATION

ST HOURS WORKED EACH DAYOT HOURS WORKED EACH DAY

ST HOURS WORKED EACH DAYOT HOURS WORKED EACH DAY
NAME OF CONTRACTOR OR SUBCONTRACTOR:ABC ELECTRICCONTRACTOR'S LICENSE NO:XXXXXX748 Blue St.

SPECIALITY LICENSE NO:PROJECT OR CONTRACT NO: XXXX
SELF-INSURED CERTIFICATE NO:WORKER'S COMPENSATION POLICY NO:PROJECT AND LOCATION:BUTTE COUNTY SAMPLE PROJECT SPECIALITY LICENSE NO:PROJECT OR CONTRACT NO: XXXX
SELF-INSURED CERTIFICATE NO:WORKER'S COMPENSATION POLICY NO:PROJECT AND LOCATION:BUTTE COUNTY SAMPLE PROJECT Driver (On/Off-Hauling To/From Construction Site)

PAYROLL REPORTING FORM - ABC ELECTRIC

WORK CLASSIFICATION
Driver (On/Off-Hauling To/From Construction Site)
Driver (On/Off-Hauling To/From Construction Site)

WORK CLASSIFICATION

ST HOURS WORKED EACH DAYOT HOURS WORKED EACH DAY
Iron Worker

PAYROLL REPORTING FORM - XYZ INC
NAME OF CONTRACTOR OR SUBCONTRACTOR:XYZ INCCONTRACTOR'S LICENSE NO:113 Jolly St.

Iron Worker
Iron Worker
PAYROLL REPORTING FORM - ABC CONSTRUCTION, INC.

PAYROLL REPORTING FORM -QRS CONSTRUCTION
NAME OF CONTRACTOR OR SUBCONTRACTOR:QRS CONSTRUCTIONCONTRACTOR'S LICENSE NO:143 Lovers Lane SPECIALITY LICENSE NO:PROJECT OR CONTRACT NO:XXXX
CONTRACTOR'S LICENSE NO:

NAME OF CONTRACTOR OR SUBCONTRACTOR:

SELF-INSURED CERTIFICATE NO:

Carpenter And Related Trades

PAYROLL REPORTING FORM - LMN COMPANY
NAME OF CONTRACTOR OR SUBCONTRACTOR:LMN COMPANY345 Happy St Driver (On/Off-Hauling To/From Construction Site)
Driver (On/Off-Hauling To/From Construction Site)
FOR WEEK ENDING:

ABC CONSTRUCTION, INC.

Laborer And Related Classifications
Laborer And Related Classifications
PROJECT AND LOCATION:

WORK CLASSIFICATION

BUTTE COUNTY SAMPLE PROJECT
123 Main St.

SPECIALITY LICENSE NO:PROJECT OR CONTRACT NO:

CONTRACTOR'S LICENSE NO:

WORKER'S COMPENSATION POLICY NO:

ST HOURS WORKED EACH DAY
SPECIALITY LICENSE NO:

SELF-INSURED CERTIFICATE NO:WORKER'S COMPENSATION POLICY NO:PROJECT AND LOCATION:BUTTE COUNTY SAMPLE PROJECT FOR WEEK ENDING:PROJECT OR CONTRACT NO:

WORK CLASSIFICATION

OT HOURS WORKED EACH DAY
SELF-INSURED CERTIFICATE NO:WORKER'S COMPENSATION POLICY NO:PROJECT AND LOCATION:BUTTE COUNTY SAMPLE PROJECT

ST HOURS WORKED EACH DAYOT HOURS WORKED EACH DAY
Driver (On/Off-Hauling To/From Construction Site)
SAMPLE

SAMPLE MONTHLY CPR REPORT
(Similar report provided monthly for each project.)
290
February 19, 2021 ❚ WITS Proposal for The City of Anaheim ❚ On-going Labor Compliance Program Services 20 Project Daily Inspection Report Tracker
ABC Construction, Inc. On
Daily Report (No. of Workers
on Site)
As per CPR for ABC (No. of Workers
on Site) Scope of Work
2020-12-21 10 N/A
Continued to form up the working slab;Poured
concrete; continued to excavate for level
drilling for 45-foot soil nails.
2020-12-20 0 0 N/A
2020-12-19 5 2
Continued excavation of level 4;Stacked
excavated materials
2020-12-18 10 10
2020-12-17 10 10
Drilled, installed and grouted the soil
nail;Excavation;Worked on the wildlife
exclusion shortcrete the face of level three
2020-12-16 10 10
Grouted all the soil nails in row three;Placed the
wire mesh and shotcreted;Shotcreted the first 100’
of V
44180 10 10
Finished excavation;Drilled and installed the soil
nails in row three. They installed 8-45’ soil mails and 2-15’ soil nails in row three;Continued forming the V
ditch;Continued cutting the road
2020-12-14 8 10
Excavated some of the ramp;Site clean
up;Excavated the next section of the soil;Rerouted
the wildlife exclusion fence
2020-12-13 0 0 N/A
2020-12-12 2 2
Had two men come in to load shotcrete panels
first thing in the morning. After that they left the site and there was no other work performed by SMIC
today.
2020-12-11 5 6
Installed and grouted the soil nails in row 2;Placed
the wire mesh and drainage strips before shooting
the shotcrete;Sprayed 8yds of shotcrete
2020-12-10 7 6
Drilled for five 75’ soil nails and one 15’ soil nail in row two;Conducted the verification
test;Continued excavating
2020-12-09 9 10
Continued to move spoils;Prepared the soil nails for
installation;Closed the gap in the wildlife exclusion
fence
2020-12-08 10 10
Finished the installation of the weep pipe and
drain rock;Drilled, installed and grouted the one
10-foot verification soil nail;Continued to bring
base rock
2020-12-07 10 10
Setup to test the soil nails in the first level of the soil nail wall.;Continued to haul off concrete form
work;Continued to patch the concrete barrier.
2020-12-06 N/A N/A N/A
2020-12-05 N/A N/A N/A
2020-12-04 13 14
Continued moving concrete form work out;Set up
to spray shotcrete;Drilled, installed and grouted a
verification soil;Sprayed 8 yds. of shotcrete
2020-12-03 14 14 Striped the forms from the barrier;Hauled forms 2020-12-02 14 14
Finished forming up the barrier;Poured
concrete;Drilled the last two soil nails;Installed the
last two soil nails
2020-12-01 12 14
Continued forming up the barrier;Setup to spray
shotcrete
2020-11-30 13 13
Continued forming up the barrier;Moved the
excavator with the drill attachment;Moved the
wildlife exclusion fence out of the work zone;Began
excavation;Sprayed another set of shotcrete
2020-11-25 8 8
SMCI- Installed the piezometer and casing to Elv
387;Grouted hole;Installing rebar; Installing form
work
2020-11-24 8 8 Not yet available
2020-11-23 13 13
Continued backfilling;Forming up the
barrier;Finished digging out the base rock
2020-11-21 0 0 SMCI not on site
2020-11-20 9 9 SMCI continued backfilling
2020-11-19 10 10 SMCI-backfilling; setup to drill
2020-11-18 10 10
SMCI- unloaded a truck load of rebar; setup and
sprayed shortcrete test panels; truck loads of base
rock delivered and stockpiled
2020-11-17 12 13
SMCI-finished forming up 3rd section of retaining
wall;poured concrete to it; moved the drill
attachment; started settling up to do shortcrete;
continued asphalt patching; continued
backfilling; swept Newell Creek Rd
2020-11-16 14 13
SMCI-sand blasted the rebar for 3rd section of ret
wall #1;backfilling 18' RCP;digging the base up in
NC Rd.;forming up 3rd section of retaining wall #1
2020-11-15 0 0 N/A
2020-11-14 0 0
SMCI-not on site but had a delivery first thing in the
morning. They had a concrete pump and two air
compressors dropped off in Staging area 3.
2020-11-13 10 10
SMCI-Moved the wildlife exclusion fence; installed
the 18” RCP and storm drain inlet in retaining wall
1 2020-11-12 9 9
SMCI- Finished forming up the footing for section
three for retaining wall 1, poured concrete,
backfilling; continued forming up the barrier, build
forms for the remaining sections of retaining wall 1;
started installing the wall forms for the third section of retaining wall 1.
2020-11-11 14 14
SMCI- Started excavating for the last two sections
of retaining wall;continued forming up the barrier;
relocated the wildlife exclusion fence;carpenters
continued to build forms
2020-11-10 14 14
SMCI-began final cleanup rip rap, placed rip rap
along the south bank of the creek;removed the
rest of the wildlife exclusion fence;removed the
inflatable plug out; filled the plunge pool with
water and moved the beneficial fish release back
into the plunge pool; started forming the barrier on
the culvert bridge; dug out the next section of
footing for retaining wall 1.
2020-11-09 13 13
SMCI-stripping the wall forms from retaining wall,
strip falsework, continued cleanup in the plunge,
started removal of exclusion fence, general clean
up in this area
2020-11-07 0 0 Not on site
2020-11-06 3 3 no work due to rain forecast
2020-11-05 15 15
Area4: finished installing form work; stripping;
fill;pour concrete ;cutting;compaction test
2020-11-04 15 15
Area5: poured apron;stripping;installed RCP
pipe;patched bug holes; exposed 24 inche
bypass; compacted first lift
2020-11-03 15 15
Area4: install rebar;finished install rebar;installed
12in RCP drainage pipe;poured snub
walls;installed rebar mate
2020-11-02 15 15
Area4: installed rebar &forms;installed form
work;striped form work;patched bug holes;placed
rip rap; clean up
2020-11-01 0 2 (overtime)
Area4:finished placing rip rap;drainage
rock;backfill;compated stone||Area 5
transported drain rock
DATE
ABC CONSTRUCTION, INC.

SECTION 4
SAMPLE DOCUMENTS Project Daily Inspection Report Tracker ABC Construction, Inc. On
Daily Report (No. of Workers
on Site)
As per CPR for ABC (No. of Workers
on Site) Scope of Work
2020-12-21 10 N/A
Continued to form up the working slab;Poured
concrete; continued to excavate for level
four;Started drilling for 45-foot soil nails.
2020-12-20 0 0 N/A
2020-12-19 5 2
Continued excavation of level 4;Stacked
excavated materials
2020-12-18 10 10
2020-12-17 10 10
Drilled, installed and grouted the soil
nail;Excavation;Worked on the wildlife exclusion
fence;spraying shortcrete the face of level three
2020-12-16 10 10
Grouted all the soil nails in row three;Placed the
wire mesh and shotcreted;Shotcreted the first 100’
of V
44180 10 10
Finished excavation;Drilled and installed the soil
nails in row three. They installed 8-45’ soil mails and 2-15’ soil nails in row three;Continued forming the V
ditch;Continued cutting the road
2020-12-14 8 10
Excavated some of the ramp;Site clean
up;Excavated the next section of the soil;Rerouted
the wildlife exclusion fence
2020-12-13 0 0 N/A
2020-12-12 2 2
Had two men come in to load shotcrete panels
first thing in the morning. After that they left the site and there was no other work performed by SMIC
today.
2020-12-11 5 6
Installed and grouted the soil nails in row 2;Placed
the wire mesh and drainage strips before shooting
the shotcrete;Sprayed 8yds of shotcrete
2020-12-10 7 6
Drilled for five 75’ soil nails and one 15’ soil nail in row two;Conducted the verification
test;Continued excavating
2020-12-09 9 10
Continued to move spoils;Prepared the soil nails for
installation;Closed the gap in the wildlife exclusion
fence
2020-12-08 10 10
Finished the installation of the weep pipe and
drain rock;Drilled, installed and grouted the one
10-foot verification soil nail;Continued to bring
base rock
2020-12-07 10 10
Setup to test the soil nails in the first level of the soil nail wall.;Continued to haul off concrete form
work;Continued to patch the concrete barrier.
2020-12-06 N/A N/A N/A
2020-12-05 N/A N/A N/A
2020-12-04 13 14
Continued moving concrete form work out;Set up
to spray shotcrete;Drilled, installed and grouted a
verification soil;Sprayed 8 yds. of shotcrete
2020-12-03 14 14 Striped the forms from the barrier;Hauled forms 2020-12-02 14 14
Finished forming up the barrier;Poured
concrete;Drilled the last two soil nails;Installed the
last two soil nails
2020-12-01 12 14
Continued forming up the barrier;Setup to spray
shotcrete
2020-11-30 13 13
Continued forming up the barrier;Moved the
excavator with the drill attachment;Moved the
wildlife exclusion fence out of the work zone;Began
excavation;Sprayed another set of shotcrete
2020-11-25 8 8
SMCI- Installed the piezometer and casing to Elv
387;Grouted hole;Installing rebar; Installing form
work
2020-11-24 8 8 Not yet available
2020-11-23 13 13
Continued backfilling;Forming up the
barrier;Finished digging out the base rock
2020-11-21 0 0 SMCI not on site
2020-11-20 9 9 SMCI continued backfilling
2020-11-19 10 10 SMCI-backfilling; setup to drill
2020-11-18 10 10
SMCI- unloaded a truck load of rebar; setup and
sprayed shortcrete test panels; truck loads of base
rock delivered and stockpiled
2020-11-17 12 13
SMCI-finished forming up 3rd section of retaining
wall;poured concrete to it; moved the drill
attachment; started settling up to do shortcrete;
continued asphalt patching; continued
backfilling; swept Newell Creek Rd
2020-11-16 14 13
SMCI-sand blasted the rebar for 3rd section of ret
wall #1;backfilling 18' RCP;digging the base up in
NC Rd.;forming up 3rd section of retaining wall #1
2020-11-15 0 0 N/A
2020-11-14 0 0
SMCI-not on site but had a delivery first thing in the
morning. They had a concrete pump and two air
compressors dropped off in Staging area 3.
2020-11-13 10 10
SMCI-Moved the wildlife exclusion fence; installed
the 18” RCP and storm drain inlet in retaining wall
1 2020-11-12 9 9
SMCI- Finished forming up the footing for section
three for retaining wall 1, poured concrete,
backfilling; continued forming up the barrier, build
forms for the remaining sections of retaining wall 1;
started installing the wall forms for the third section of retaining wall 1.
2020-11-11 14 14
SMCI- Started excavating for the last two sections
of retaining wall;continued forming up the barrier;
relocated the wildlife exclusion fence;carpenters
continued to build forms
2020-11-10 14 14
SMCI-began final cleanup rip rap, placed rip rap
along the south bank of the creek;removed the
rest of the wildlife exclusion fence;removed the
inflatable plug out; filled the plunge pool with
water and moved the beneficial fish release back
into the plunge pool; started forming the barrier on
the culvert bridge; dug out the next section of
footing for retaining wall 1.
2020-11-09 13 13
SMCI-stripping the wall forms from retaining wall,
strip falsework, continued cleanup in the plunge,
started removal of exclusion fence, general clean
up in this area
2020-11-07 0 0 Not on site
2020-11-06 3 3 no work due to rain forecast
2020-11-05 15 15
Area4: finished installing form work; stripping;
fill;pour concrete ;cutting;compaction test
2020-11-04 15 15
Area5: poured apron;stripping;installed RCP
pipe;patched bug holes; exposed 24 inche
bypass; compacted first lift
2020-11-03 15 15
Area4: install rebar;finished install rebar;installed
12in RCP drainage pipe;poured snub
walls;installed rebar mate
2020-11-02 15 15
Area4: installed rebar &forms;installed form
work;striped form work;patched bug holes;placed
rip rap; clean up
2020-11-01 0 2 (overtime)
Area4:finished placing rip rap;drainage
rock;backfill;compated stone||Area 5
transported drain rock
DATE
ABC CONSTRUCTION, INC.

DATE SCOPE OF WORK

ABC CONSTRUCTION,
INC. ON DAILY REPORT
(no. of workers on site)
AS PER CPR FOR ABC (no.
of workers on site)

SAMPLE MONTHLY DAILY INSPECTION
(Similar report provided monthly for each project.)

WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS

WITSWITSWITS
SAMPLE
291
February 19, 2021 ❚ WITS Proposal for The City of Anaheim ❚ On-going Labor Compliance Program Services 21 WITS CPR Submitted to DIR Tracker Sample Template
Sample for Butte County RFQ 48-21 1/23/21
Key:

Date (Week Ending) Contractor Submitted/Yes or No
November 22,2020 Yes
November 29,2020 Yes
December 6,2020 Yes
December 13,2020 Yes
December 20,2020
ABC, Inc.

ABC, Inc.

ABC, Inc
ABC , Inc. No
December 27,2020 ABC, Inc. Not yet in Elations
October 24,2020 LMN Company Yes
October 31,2020 LMN Company Yes
November 7,2020 LMN Company Yes
November 14,2020 LMN Company Yes
November 21,2020 LMN Company Yes
November 28,2020 LMN Company Yes
December 5,2020 LMN Company Yes
December 12,2020 LMN Company Yes
December 19,2020 LMN Company Not yet in Elations
December 26,2020 LMN Company Not yet in Elations
October 30,2020 QRS Construction Yes
November 6,2020 QRS Construction Yes
November 13,2020 QRS Construction Yes
November 20,2020 QRS Construction Yes
November 27,2020 QRS Construction No
December 4,2020 QRS Construction No
December 11,2020 QRS Construction Not yet in Elations
December 18,2020 QRS Construction Not yet in Elations
December 25,2020 QRS Construction Not yet in Elations
Sunday, July 5, 2020 XYZ, INC. No
Sunday, July 12, 2020 XYZ, INC. Yes
Sunday, July 19, 2020 XYZ, INC. Yes
Sunday, July 26, 2020 XYZ, INC. Yes
August 02,2020 XYZ, INC. Yes
August 09,2020 XYZ, INC. Yes
August 16,2020 XYZ, INC. Yes
ABC CONSTRUCTION, INC.

LMN COMPANY

QRS CONSTRUCTION
XYZ, INC.
“No” = Not submitted to DIR
“Not yet in Elations” = Not submitted to Authority
Red highlight = Not in compliance
Yellow highlight = Notice Sent to Contractor
SECTION 4
SAMPLE DOCUMENTS WITS CPR Submitted to DIR Tracker Sample Template Key:

Date (Week Ending) Contractor Submitted/Yes or No
Sunday, July 5, 2020 Workforce Construction Yes
Sunday, July 12, 2020 Workforce Construction Yes
Sunday, July 19, 2020 Workforce Construction Yes
Sunday, July 26, 2020 Workforce Construction Yes
August 09,2020 Workforce Construction Yes
August 16,2020 Workforce Construction Yes
August 23,2020 Workforce Construction Yes
August 30,2020 Workforce Construction Yes
September 06,2020 Workforce Construction Yes
September 13,2020 Workforce Construction Yes
September 20,2020 Workforce Construction Yes
September 27,2020 Workforce Construction Yes
October 4,2020 Workforce Construction Yes
October 11,2020 Workforce Construction Yes
October 18,2020 Workforce Construction Yes
October 25,2020 Workforce Construction Yes
November 1,2020 Workforce Construction Yes
November 8,2020 Workforce Construction Yes
November 15,2020 Workforce Construction Yes
November 22,2020 Workforce Construction Yes
November 29,2020 Workforce Construction Yes
December 6,2020 Workforce Construction Yes
December 13,2020 Workforce Construction Yes
December 20,2020 Workforce Construction No
December 27,2020 Workforce Construction Not yet in Elations Sunday, July 5, 2020 Integrity Construction Yes
Sunday, July 12, 2020 Integrity Construction Yes
Sunday, July 19, 2020 Integrity Construction Yes
Sunday, July 26, 2020 Integrity Construction Yes
August 02,2020 Integrity Construction Yes
August 09,2020 Integrity Construction Yes
August 16,2020 Integrity Construction Yes
August 23,2020 Integrity Construction Yes
August 30,2020 Integrity Construction No
September 05,2020 Integrity Construction Yes
September 12,2020 Integrity Construction Yes
September 19,2020 Integrity Construction Yes
September 26,2020 Integrity Construction Yes
October 3,2020 Integrity Construction Yes
October 10,2020 Integrity Construction Yes
October 17,2020 Integrity Construction Yes
October 24,2020 Integrity Construction Yes
October 31,2020 Integrity Construction Yes
November 7,2020 Integrity Construction Yes
November 14,2020 Integrity Construction Yes
November 21,2020 Integrity Construction Yes
November 28,2020 Integrity Construction Yes
December 5,2020 Integrity Construction Yes
December 12,2020 Integrity Construction Yes
December 19,2020 Integrity Construction Not yet in Elations December 26,2020 Integrity Construction Not yet in Elations Workforce Construction

INTEGRITY PAINTERS
“No” = CPR not submitted to DIR
“Not yet in Elations” = not submitted to County
Red highlight = Not in compliance

WORKFORCE INTEGRITY

AND TRAINING SOLUTIONS

WITSWITSWITS
SAMPLE
(Similar report provided monthly for each project.)
292

STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 4.11
DATE: December 6, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Fiscal Year 2022-23 1st Quarter Financial Review Prepared by: Lisa Hisatomi, Director of Administrative Services EXECUTIVE SUMMARY:

The City Council will receive a financial report through the first quarter of Fiscal Year 2022-23 and consider amendments via a budget change.

STAFF RECOMMENDATION:

Receive the report and approve the budget change.

FINANCIAL IMPACT:

Approval of the budget change will allow for minor adjustments to operating budgets. Total General Fund reserves are projected at $209,689,170 by June 30, 2023.

DESCRIPTION:

The focus of this report is the Fiscal Year 2022-23 General Fund Amended Budget. The Amended Budget includes any budget amendments already approved by the City Council since July 1, 2022, as well as carry-over budgets from Fiscal Year 2021-22. The Budget Change Form (Attachment 3) lists all new amendments needing City Council approval.

Based on the current information available, Staff is not recommending any change to the revenue estimates.

On the operating expenditure side, Staff is recommending an increase of $300,000 for property damage repairs that will be submitted for insurance reimbursement. The increase is needed due to an anticipated lag in reimbursement revenue from the City’s insurance company,Plan JPA.

The General Fund Summary (Attachment 1) incorporates the Fiscal Year 2022-23 budget carryovers for operating programs ($1,856,112) and the Capital Improvement Program (CIP) 293

Page 2 of 3 ends

($12,510,109), and the recommended change of $300,000. Total General Fund Reserves are projected at $209,689,170 by the end of the fiscal year, as shown in the table below. The decrease in reserves, comparing to the prior year, is primarily due to planned CIP expenditures, a one-time lump sum contribution to the Dougherty Regional Fire Authority unfunded pension liability, and a contribution to the Internal Service Fund for replacements. The General Fund Reserves Summary (Attachment 2) provides a detailed allocation of the reserves.

Table 1: General Fund Summary
FY 2021-22
Actual
FY 2022-23
Adopted
New FY 2022-23
Amended
Total Reserves, Beginning of Year $209,764,495 $208,866,308* $223,857,505 Revenues 114,572,363 108,709,762 108,709,762
Expenditures (80,931,058) (94,018,847) (96,465,975)
Net Operating Budget Impact 33,641,305 14,690,915 12,243,787 Transfers In 312,874 77,900
Unrealized Gain/Loss (15,525,055)
Transfers Out/Contribution to Other (4,336,114) (11,067,815) (26,412,122) Total Reserves, End of Year $223,857,505 $212,567,308 $209,689,170 Change from Prior Year ($14,168,335)
* FY2022-23 Adopted beginning reserve balance was based on the FY 2021-22 year-end projection.

Other Funds
Staff requests the City Council’s approval to amend the budget for the following:
 EMS Special Revenue Fund – Appropriate $10,000 for a special assessment revenue audit and Alameda County’s fee for tax collection.
 Information Technology Fund - Appropriate $18,000 for higher-than-budgeted maintenance and licensing fees for Situational Awareness Cameras.  Measure D Fund – Adjust the CIP and operating budget to account for expenditures eligible for Measure D funding, primarily related to SB 1383 implementation and recycling containers. This results in a net increase in appropriations by $223,765.  Local Recycling Program Fund – Appropriate $60,000 for education materials and outreach services for SB 1383.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
294

Page 3 of 3 ends

ATTACHMENTS:
1) General Fund Summary Q1 FY 2022-23
2) General Fund Reserves Summary Q1 FY 2022-23
3) Budget Change Q1 FY 2022-23
295
Attachment 1GENERAL FUND SUMMARY - Q1 FY 2022-23
Actual
2021-22
Adopted
2022-23
Amended
2022-23 Q1 Adjustment
New Amended
2022-23
Revenues
Property Tax $55,186,388 $55,163,000 $55,163,000 $55,163,000 Sales Tax 26,456,903 26,400,000 26,400,000 26,400,000
Sales Tax Reimbursements (346,696) (405,555) (405,555) (405,555) Development Revenue 9,803,444 7,702,334 7,702,334 7,702,334 Transient Occupancy Tax 1,255,575 1,400,000 1,400,000 1,400,000 Other Taxes 7,025,567 6,560,000 6,560,000 6,560,000
Licenses & Permits 354,643 351,373 351,373 351,373
Fines & Penalties 70,714 85,000 85,000 85,000
Interest Earnings 2,269,289 1,510,000 1,510,000 1,510,000 Rentals and Leases 1,647,882 1,477,330 1,477,330 1,477,330 Intergovernmental 324,519 290,000 290,000 290,000
Charges for Services 8,022,099 6,496,124 6,496,124 6,496,124 Other Revenue 2,502,034 1,680,156 1,680,156 1,680,156
Subtotal Revenues - Operating $114,572,363 $108,709,762 $108,709,762 $108,709,762 Transfers In $312,874 $77,900 $77,900
Unrealized Gains/Losses (15,525,055) - - -
Total Revenues $99,360,182 $108,787,662 $108,787,662 $108,709,762 Expenditures
Salaries & Wages $11,670,597 $13,249,383 $13,541,615 $13,541,615 Benefits 4,728,716 5,488,704 5,567,488 5,567,488 Services & Supplies 3,894,567 5,178,309 5,394,934 5,394,934 Internal Service Fund Charges 3,907,323 4,932,571 4,932,571 4,932,571 Utilities 2,511,166 3,485,435 3,485,435 3,485,435 Contracted Services 52,920,629 59,695,219 61,202,517 300,000 61,502,517 Capital Outlay 339,943 432,737 504,925 504,925 Debt Service Payment - 1,333,050 1,333,050 1,333,050 Contingency & Miscellaneous 958,117 223,440 203,440 203,440 Subtotal Expenditures - Operating $80,931,058 $94,018,847 $96,165,975 $300,000 $96,465,975 Operating Impact (REV-EXP) $33,641,305 $14,690,915 $12,543,787 ($300,000) $12,243,787 Transfer Outs & Contributions to Other Funds
Transfers Out (CIPs) - Com./Assig. Reserve $2,803,478 $2,291,645 $13,759,910 13,759,910 Transfers Out (CIPs) - Undesignated 532,636 2,316,170 6,120,013 72,198 6,192,212 Contribution to OPEB/PERS 4,460,000 4,460,000 4,460,000 Contribution to ISF 1,000,000 2,000,000 2,000,000 2,000,000 Subtotal - Transfers Out & Contributions (2) 4,336,114 11,067,815 26,339,924 72,198 26,412,122 Total Expenditures $85,267,172 $105,086,662 $122,505,899 $372,198 $122,878,097 GF Impact (Include CIP & Transfers) $14,093,010 $3,701,000 ($13,718,237) ($372,198) ($14,168,335) TOTAL GENERAL FUND BALANCE $223,857,505 $227,558,505 $210,139,268 $209,689,170 Contracted Services Detail
Actual
2021-22
Adopted
2022-23
Amended
2022-23
New Amended
2022-23
Police Services (1)
$21,437,403 $22,294,777 $21,788,548 $21,788,548
Fire Services (1)
14,699,226 14,609,570 14,699,227 14,699,227 Maintenance Services (MCE) 5,875,493 5,933,838 5,933,838 5,933,838 Development 3,876,551 4,107,935 5,259,552 5,259,552 Other Contracted Services 7,031,956 12,749,099 13,521,353 300,000 13,821,353 Total Contracted Services $52,920,629 $59,695,219 $61,202,517 $300,000 $61,502,517 (1) Police and Fire liability insurance amounts are not included above, they are included in Services & Supplies. 296
Attachment 2GENERAL FUND RESERVES SUMMARY- Q1 FY 2022-23

RESERVE DESCRIPTION
Actual
2021-22
Increase
2022-23
Decrease
2022-23
Net
Change
Projected
2022-23
Non-Spendable $10,541 $10,541
Prepaid Expenses 10,541 10,541
Restricted $4,261,640 $4,261,640
Cemetery Endowment 60,000 60,000
Developer Contribution - Downtown 1,490,000 1,490,000
Developer Contr - Heritage Park 19,000 19,000
Developer Contr - Nature Park 60,000 60,000
Section 115 Trust - Pension 1,882,640 1,882,640
Heritage Park Maintenance 750,000 750,000
Committed $73,346,367 ($9,786,690) ($9,786,690) $63,559,678 Advance to Public Facility Fee 9,523,096 9,523,096
Downtown Public Improvement 15,176,230 (426,221) (426,221) 14,750,009 Economic Stability 8,000,000 8,000,000
Emergency Communications 532,113 532,113
Fire Svcs Pension/OPEB 5,671,094 5,671,094
Innovations & New Opportunity 1,026,591 (132,093) (132,093) 894,498 One-Time Initiative - Capital 6,419,657 (1,420,149) (1,420,149) 4,999,508 One-Time Initiative - Operating 503,860 503,860
Public Safety Reserve 2,600,000 2,600,000
Specific Committed Reserves
Cemetery Expansion (CIP) 13,748 (13,748) (13,748) 0
Contribution to Public Facility Fee 6,000,000 6,000,000 Cultural Arts Center (CIP) 7,139,197 (6,964,197) (6,964,197) 175,000 Don Biddle Park (CIP) 675,193 (675,193) (675,193)
Fallon Sports Park III Contingency 510,500 (100,000) (100,000) 410,500 Lease Revenue Bond Payoff 6,000,000 6,000,000
Maintenance Facility (CIP) 55,089 (55,089) (55,089)
Utility Undergrounding (CIP) 3,500,000 3,500,000
Assigned $93,266,322 ($9,633,178) ($9,633,178) $83,633,144 Accrued Leave 1,308,044 1,308,044
Catastrophic Loss 17,710,320 17,710,320
CIP Carryovers 4,088,843 (4,088,843) (4,088,843)
Fiscally Responsible Adjustment 325,000 325,000
Municipal Regional Permit 2,209,778 (2,182,419) (2,182,419) 27,359 Non-Streets CIP Commitments 3,276,777 (4,277) (4,277) 3,272,500 Operating Carryovers 1,600,546 (1,600,546) (1,600,546)
Parks and Streets Contingency 201,270 201,270
Pension & OPEB 17,000,000 17,000,000
Relocate Parks Dept 500,000 500,000
Service Continuity 3,150,000 3,150,000
Dublin Blvd Extension - Placeholder 20,000,000 20,000,000 Specific Assigned Reserves
ARPA Revenue Replacement 665,878 665,878
Climate Action Plan 3,000,000 (62,000) (62,000) 2,938,000 Contribution to ISF 1,500,000 1,500,000
Façade Improvement Grants 364,256 364,256
HVAC Replace. & Civic Ctr Improv. (CIP) 3,278,409 (1,307,892) (1,307,892) 1,970,517 Pavement Management 2,000,000 2,000,000
Public Safety Complex (CIP) 87,200 (87,201) (87,201) (0) Village Pkwy Pavement Reconstruction 11,000,000 (300,000) (300,000) 10,700,000 Unassigned $52,972,635 $19,419,868 ($14,168,335) $5,251,533 $58,224,167 Unassigned-Unrealized Gains (11,008,294) (11,008,294)
Unassigned (Available) 63,980,929 56,224,167
TOTAL RESERVES $223,857,505 $19,419,868 ($33,588,203) ($14,168,335) $209,689,170 297
Attachment 3
Budget Change Reference #:

From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
10016000.64001 $300,000.00
66051400.61108 $18,000.00
23026200.61xxx (Operating Supplies/Training) $15,335.00 23026200.64102 (MCE Additional Services) $15,000.00
23026200.61108 (Software) $36,000.00
23026230.61104 (Operating Supplies) $65,000.00
23026230.64001 (Contract Services) $175,000.00
23046200.61104 (Operating Supplies) $45,000.00
23046200.64001 (Contract Services) $15,000.00
Imagine Playground Dublin Sports Ground
PK0518.1001 (General Fund) $48,320.32
PK0518.2302 (Measure D Fund) ($48,320.32)
10010010.89101 (General Fund Transfers Out) $23,378.16
23020000.49999 (Measure D Fund Transfers In) $23,378.16 Police Services Building
GI0116.2302 (23020010.89101) (Measure D Fund Transfers Out) ($34,250) GI0116.9400.9401 (Improvements) ($34,250)
33009310.49999 (Transfers In) ($34,250)
12/6/2022
Posted By: Date:

CITY OF DUBLIN
FISCAL YEAR 2022-23

BUDGET CHANGE FORM
City Council's Approval Required

OPERATING EXPENDITURES
CIPs
Measure D Fund - Environmental Services
General Fund - Public Works - Contract Services
Property damage repair costs that will be
submitted for insurance reimbursement
CIP does not have any eligible expenditures that
are reimbursable by Measure D Fund, make
available the funding for operating programs
IT Internal Service Fund - Information Systems - Software Higher than budgeted maintenance and licensing
fee for Situational Awareness Camera
Change funding source for the CIP, CIP does not
have any eligible expenditures that are
reimbursable by Measure D Fund, remaining
projects costs are consulting service that are not
eligible for Measure D Fund
Increase in promotional materials/giveaways,
conferences/training
MCE cost for compost/mulch application at Dublin
Pride
**********Finance Use Only**********
As Presented at the City Council Meeting
SB 1383 outreach and inspections of edible food
generators.

Green Challenge and Recyclist database
Three stream containers for public locations,
compost for carbon sequestration pilot project,
water bottle fill stations.

Contract services for SB 1383 implementation
franchise agreement technical assistance.

Local Recycling Program Fund - Environmental Services
Three stream containers for public locations, SB
1383 educational materials.
298

STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 4.12
DATE: December 6, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
Prepared by: John Bakker, City Attorney
EXECUTIVE SUMMARY:

From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October 2021, the City returned to in-person meetings and the Brown Act was amended to allow for teleconferencing during a state of emergency. Under the new law, AB 361, the City can continue to conduct virtual meetings where the Governor has proclaimed a State of Emergency, or state or local health officials have imposed or recommended social distancing, if the City Council makes certain required findings. From January 11 – February 10, 2022, and since May 3, 2022, the City Council has operated under a resolution pursuant to AB 361 authorizing teleconferenced meetings for at least 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.

STAFF RECOMMENDATION:

Adopt the Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.

FINANCIAL IMPACT:

None.
299

Page 2 of 3 ends

DESCRIPTION:

On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State address the broader spread of COVID-19.

On March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local state of emergency by the Director of Emergency Services due to COVID-19.

On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.

At that time and through September 2021, the City’s legislative bodies met by teleconference. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things, rescinded certain clauses of Executive Order N-29-20 after September 30, 2021, including clauses that suspended certain provisions of the Brown Act. Thus, effective October 1, 2021, agencies would have had to transition back to public meetings held in full compliance with the Brown Act.

The City of Dublin began meeting in person beginning in October 2021.

Since the Governor issued Executive Order N-08-21, the highly contagious Delta variant has emerged, causing a spike in cases throughout the state and within the Alameda County.

Additionally, since then, the Omicron variants have emerged and been designed as a variant of concern by the United States, and the number of cases in the City have increased over the last month.

On September 16, 2021, the Governor signed AB 361 (2021) which allows for local legislative and advisory bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the Council make specified findings. AB 361 took effect immediately.

AB 361 allows local legislative bodies to continue to meet remotely after the expiration of the clauses of Executive Order N-29-20. Under AB 361, the City and its legislative bodies may meet remotely when:
· The local agency holds a meeting during a declared state of emergency; · State or local health officials have imposed or recommended measures to promote social distancing;
· Legislative bodies declare the need to meet remotely due to present imminent risks to the health or safety of attendees.

On January 11, 2022, the City Council adopted a resolution authorizing remote teleconferenced meetings for a period of 30 days pursuant to AB 361. That resolution expired on February 10, 2022.
300

Page 3 of 3 ends

At its April 19, 2022 meeting, the City Council directed Staff to bring a resolution to the May 3, 2022 meeting to allow the City Council and the City’s legislative bodies to meet virtually, including hybrid meetings, pursuant to AB 361. At its May 3, May 17, June 7, June 21, July 19, August 16, September 6, 2022, October 18, 2022, November 1, 2022, and November 15, 2022 meetings, the City Council adopted Resolution Nos. 39-22, 48-22, 65-22, 84-22, 92-22, 101-22, 104-22, 120-22, 127-22, and 130-22 respectively, that included the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for 30 days.

The City meets the requirements to hold meetings remotely in order to ensure the health and safety of the public:
· The Governor has declared a State of Emergency, and the City Council has ratified the proclamation of a local emergency by the Director of Emergency Services; · The CDC recommends social distancing of at least six feet due to COVID-19; · There continues to be COVID-19 cases within the state and throughout Alameda County; · Meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies, and staff.

The proposed resolution includes the necessary findings pursuant to AB 361 to allow the City Council and the City’s legislative bodies to meet remotely or in a hybrid format for the next 30 days. The City Council would need to adopt a subsequent resolution declaring the need to continue to meet remotely to allow for such meetings after that 30-day period.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361
301
Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 1 of 3 RESOLUTION NO. xx-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
FINDING THAT THERE IS A PROCLAIMED STATE OF EMERGENCY; FINDING THAT MEETING

IN PERSON WOULD PRESENT IMMINENT RISKS TO THE HEALTH OR SAFETY OF ATTENDEES AS A RESULT OF THE STATE OF EMERGENCY; AND AUTHORIZING REMOTE

TELECONFERENCED MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF DUBLIN PURSUANT TO AB 361
WHEREAS, all meetings of the City of Dublin’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and
WHEREAS, on March 18, 2020, the City Council adopted a resolution ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, as a result of the COVID-19 pandemic, and pursuant to Executive Order N-29-20 and its successors, the City Council met primarily virtually through September 2021; and WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allows local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 (2021) which allows for local legislative bodies and advisory bodies to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 (2021) took effect immediately; and
WHEREAS, under AB 361 (2021), an agency meeting virtually requires that the Governor declare a State of Emergency pursuant to Government Code section 8625; and WHEREAS, AB 361 (2021) further requires that state or local officials have imposed or recommended measures to promote social distancing, or, requires that the legislative body determines that meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, such conditions now exist in the City, specifically, Governor Newsom has 302
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 2 of 3 declared a State of Emergency due to COVID-19; and
WHEREAS, since the issuance of Executive Order N-08-21, the highly contagious Delta variant of COVID-19 has emerged, causing an increase in COVID-19 cases throughout the State and Alameda County; and
WHEREAS, on November 30, 2021, the Omicron variant was designated as a variant of concern by the United States; and
WHEREAS, cases of the highly contagious Omicron variant, including a subvariant called BA.2, continue to occur in Alameda County and require quarantine periods for exposure; and WHEREAS, the Centers for Disease Control and Prevention (“CDC”) continues to recommend physical distancing of at least 6 feet from others outside of the household; and WHEREAS, because of the ongoing existence COVID-19 cases due in part to the highly contagious Omicron variants of COVID-19, the City is concerned about the health and safety of all individuals who intend to attend City Council and meetings of the City’s other legislative bodies; and WHEREAS, the City Council finds that the imminent risks of the City’s legislative bodies holding in person meetings to the health or safety of attendees exists due in part to the Omicron variants of COVID-19; and
WHEREAS, the City Council finds, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of all legislative bodies created by the City Council pursuant to Government Code section 54952(b), that the presence of COVID-19 and the Delta and Omicron variants would present imminent risks to the health or safety of attendees, staff, and members; and WHEREAS, teleconference meetings may include hybrid meetings, in which all or some members of the legislative body meet in person while others attend by teleconference, and members of the public are either allowed to participate only by teleconference or both in person and by teleconference (“hybrid meetings”). The purpose of hybrid meetings is to allow for multiple modes of attending meetings while reducing the risks of COVID-19, including the Delta and Omicron variants; and
WHEREAS, the City shall ensure that its meetings comply with the provisions required by AB 361 (2021) for holding teleconferenced meetings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:

1. The above recitals are true and correct, and incorporated into this Resolution.

2. In compliance with AB 361 (2021), and in order to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act, the City Council makes the following findings:
a) The City Council has considered the circumstances of the state of emergency; and b) The state of emergency, as declared by the Governor and City Council, and as specifically related to cases apparently resulting from the Omicron variant, directly 303
Reso. No. XX-22, Item X.X, Adopted XX/XX/2022 Page 3 of 3 impacts the ability of the City Council and the City’s legislative bodies, as well as staff and members of the public, to meet safely in person; and c) The CDC continues to recommend physical distancing of at least six feet due to COVID-19 and as a result of the presence of COVID-19, meeting in person would present imminent risks to the health or safety of attendees, the legislative bodies and staff.

3. City staff is directed to facilitate any teleconference meetings, including hybrid meetings, of the City Council and City’s legislative bodies in compliance with AB 361, in order to better ensure the health and safety of the public for a period of thirty days following the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED this 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_____________________________
City Clerk
304

STAFF REPORT

CITY COUNCIL

Page 1 of 3 ends

Agenda Item 8.1
DATE: December 6, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of Conceptual Plan for Jordan Ranch Neighborhood Square Prepared by: Rosemary Alex, Parks and Facilities Development Coordinator EXECUTIVE SUMMARY:

The City Council will consider approval of the conceptual plan for Jordan Ranch Neighborhood Square.

STAFF RECOMMENDATION:

Receive the presentation and approve the Jordan Ranch Neighborhood Square conceptual plan - “The Forest”(CIP No. PK0322).

FINANCIAL IMPACT:

As approved in the 2022-2027 Capital Improvement Program (CIP), the total budget for Jordan Ranch Neighborhood Square, CIP No. PK0322, is $2,798,947 and the available budget for construction is $1,911,749. The concept plan is estimated to cost $1.9 million. There are sufficient funds available for this project.

DESCRIPTION:

The Jordan Ranch Neighborhood Square, CIP Project No. PK0322, (Attachment 1) was approved in the 2020-2025 Capital Improvement Program (CIP) with funding for design beginning in Fiscal Year 2021-22. The park is located on Central Parkway, surrounded by Pino Grande Road, Twain Harte Road, and Pandora Way. In April 2022, Staff engaged SWA Group, a firm from the City’s approved list of on-call landscape architectural consultants, to assist with this project. Staff and the consultant team started a community input and conceptual design process, which is described below.
305

Page 2 of 3 ends

Community Input Process
Currently underway, the community input process has spanned several months between May and December 2022. The process includes input from the community, the development of three conceptual plans, recommendations from the Parks and Community Services Commission, and concept plan review and approval by the City Council.

Listening Phase
In late-May 2022, Staff established a project webpage on the City’s website and provided direct mail communications to the immediate neighborhood surrounding the park to receive community input. The communications included a survey link and an invitation to participate in an online community meeting. As a result of the public outreach, the City received over 200 responses to the survey, and two residents participated in the June online meeting. The survey results are in Attachment 2.

Interpretation Phase
After the Listening Phase, the consultant team analyzed the feedback received from the online meeting and survey and developed three concept plans for the park. A second public meeting was held on August 13, 2022, at the future park site, with more than 100 community members in attendance. The three concept plans were presented at the public meeting. Participants provided verbal and written feedback regarding their preferences for the park. Out of 108 respondents, ‘The Forest” park concept plan received 74 votes as the first preference, and the balance of 34 was distributed between the other two concepts.

Refinement Phase
During the August 13, 2022, public meeting, additional input led to refinements to “The Forest” park concept plan. Key changes included the addition of a slide hill in the play area, fitness stations, bar-b-ques, and pollinator plantings, as shown in Attachment 3. “The Forest” park concept plan includes the following amenities:
 One multi-use court that allows for basketball and futsal  Picnic tables and shade elements adjacent to multi-use court  Reservable picnic area with shade elements and BBQ
 Fitness stations
 Playgrounds for ages 2 to 5 years and 5 to 12 years
 Grass area for free play
 Interior pathways for circulation and exercise
At the October 17, 2022 Parks and Community Services Commission meeting, the Commission recommended that the “The Forest” park concept plan be approved without any further modifications.
306

Page 3 of 3 ends

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted and e-mailed to the individuals who participated in the public meetings.

ATTACHMENTS:
1) CIP No. PK0322
2) Final Survey Results
3) Park Concept Plan “The Forest”
307
Number PK0322 Program PARKS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS T
OTALS
9100 $51,018 $56,160 $10,400 $117,578
9200 $200,000 $189,080 $27,500 $416,580
9400 $9,063 $911,811 $990,875 $1,911,749
9500 $143,040 $210,000 $353,040
$403,121 $1,367,051 $1 ,028,775 $2,798,947
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE

YEARS T
OTALS
4100 $403,121 $1,367,051 $1,028,775 $2,798,947
$403,121 $1,367,051 $1 ,028,775 $2,798,947
ANNUAL OPERATING IMPACT $57,000 $57,000
TOTAL

JORDAN RANCH NEIGHBORHOOD SQUARE
Public Facility Fees
Salaries & Benefits
Contract Services
Improvements
Miscellaneous

ESTIMATED COSTS

FUNDING SOURCE
TOTAL
2022-2027 CAPITAL IMPROVEMENT PROGRAM

PROJECT DESCRIPTION
This project provides for the planning, design, and construction of a 2.0-acre neighborhood square in the Jordan Ranch Development. The neighborhood square will be designed in accordance with the Neighborhood Square Standards contained in the Parks and Recreation Master Plan. The planning phase is anticipated to begin in Fiscal Year 2021-22.

Construction is anticipated to begin Fiscal Year in 2022-23.

ANNUAL OPERATING IMPACT: $57,000
MANAGING DEPARTMENT: Public Works
Attachment 1
308

LETS TALK ABOUT
The City of Dublin would like your input to kick-off the design for a new neighborhood square at Jordan Ranch.

Please take a few moments to share your vision for the new park!

JORDAN RANCH

NEIGHBORHOOD SQUARE

FINAL SURVEY RESULTS

06.17.2022
Attachment 2
309

JORDAN RANCH NEIGHBORHOOD SQUARE
1 / 7

81.25% 182

9.38% 21

7.59% 17

1.79% 4
Q1 Do you live near the future neighborhood park?See map below forreference.

Answered: 224 Skipped: 0
TOTAL 224
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
WITHIN 1/4 MILE
WITHIN 1/2 MILE
WITHIN 1 MILE
MORE THAN 1
MILE

ANSWER CHOICES RESPONSES
WITHIN 1/4 MILE
WITHIN 1/2 MILE
WITHIN 1 MILE
MORE THAN 1 MILE
310

JORDAN RANCH NEIGHBORHOOD SQUARE
2 / 7

12.96% 28

46.30% 100

44.44% 96

29.17% 63
Q2 Do you have children under the age of 18 (Choose all that apply)? Answered: 216 Skipped: 8
Total Respondents: 216
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
NO
0-6 YEARS OLD
7-11 YEARS OLD
12-17 YEARS OF
AGE

ANSWER CHOICES RESPONSES
NO
0-6 YEARS OLD
7-11 YEARS OLD
12-17 YEARS OF AGE
311

JORDAN RANCH NEIGHBORHOOD SQUARE
3 / 7

81.74% 179

5.94% 13

1.37% 3

0.91% 2

3.20% 7

6.85% 15
Q3 Which of these categories best applies to your household? Answered: 219 Skipped: 5
TOTAL 219
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

COUPLE WITH
CHILDREN AT...

COUPLE,
CHILDREN NO...

SINGLE WITH
CHILDREN AT...

SINGLE,
CHILDREN NO...

SINGLE, NO

CHILDREN
MULTI-

GENERATIO

NAL HOME

ANSWER CHOICES RESPONSES

COUPLE WITH CHILDREN AT HOME

COUPLE, CHILDREN NO LONGER AT HOME

SINGLE WITH CHILDREN AT HOME

SINGLE, CHILDREN NO LONGER AT HOME

SINGLE, NO CHILDREN

MULTI-GENERATIONAL HOME
312

JORDAN RANCH NEIGHBORHOOD SQUARE
4 / 7
Q4 Which athletic & active facilities would you like to see in your futurepark? Rank the options with 1 being the most appropriate and 8 the least.

Answered: 206 Skipped: 18

12.11%
23 15.26%
29 23.68%
45 21.05%
40 8.42%
16 8.42%
16 3.68%
7 7.37%
14 190

5.25 37.11%
72 15.98%
31 12.89%
25 9.79%
19 9.79%
19 3.61%
7 5.67%
11 5.15%
10 194

6.02 7.89%
15 18.42%
35 12.11%
23 16.84%
32 14.74%
28 13.16%
25 8.42%
16 8.42%
16 190

4.73 13.09%
25 23.56%
45 16.75%
32 12.57%
24 16.75%
32 5.76%
11 4.19%
8 7.33%
14 191

5.33 21.03%
41 11.28%
22 10.77%
21 11.79%
23 15.90%
31 14.36%
28 9.74%
19 5.13%
10 195

5.02 2.11%
4 4.74%
9 10.53%
20 12.11%
23 16.84%
32 31.05%
59 18.42%
35 4.21%
8 190

3.75 3.24%
6 2.16%
4 2.16%
4 8.11%
15 7.57%
14 10.81%
20 34.05%
63 31.89%
59 185

2.57 7.41%
14 12.17%
23 10.58%
20 7.94%
15 7.41%
14 10.58%
20 13.76%
26 30.16%
57 189

3.67 0 1 2 3 4 5 6 7 8 9 10

MULTI-USE

PRACTICE FIELD
PLAY

STRUCTURES

BASKETBALL
COURT

WALKING LOOP

TENNIS COURT

VOLLEYBALL
COURT

PICKLEBALL
COURT

FITNESS

EQUIPMENT
1 2 3 4 5 6 7 8 TOTAL SCORE

MULTI-USE PRACTICE
FIELD

PLAY STRUCTURES

BASKETBALL COURT

WALKING LOOP

TENNIS COURT

VOLLEYBALL COURT

PICKLEBALL COURT

FITNESS EQUIPMENT
313

JORDAN RANCH NEIGHBORHOOD SQUARE
1 / 3
Q5 Are there any facility types you would like to see in this park not listedabove? Answered: 76 Skipped: 148
# RESPONSES DATE
1 Gazebos, benches and pergolas. Trees and flowers. 6/16/2022 11:12 PM 2 Trampoline and zip line 6/16/2022 9:45 PM
3 Hand ball 6/16/2022 8:17 PM
4 water playa area 6/15/2022 11:31 PM
5 YOU NEED A BASKETBALL COURT! 6/15/2022 8:51 PM
6 For fitness equipment, I would love to see some pull-up bars. There is very few of these at dublin parks if any. It would be a great addition to have and I believe they would be widely used. Please, please add some pull up bars.
6/15/2022 12:13 PM
7 Soccer goals 6/14/2022 2:23 PM
8 Cricket field 6/14/2022 2:22 PM
9 Picnic tables 6/11/2022 8:09 PM
10 Zip lining 6/10/2022 10:04 AM
11 A small fountain and small trees lining the boundary 6/10/2022 8:57 AM 12 BBQ PICNIC AREA 6/10/2022 7:23 AM
13 Cycling 6/9/2022 6:24 PM
14 Swimming pool 6/9/2022 8:20 AM
15 Restroom and benches and plants 6/8/2022 10:34 PM
16 Fence dog park 6/8/2022 9:56 PM
17 Picnic tables 6/8/2022 9:42 PM
18 Swimming pool 6/8/2022 9:39 PM
19 Cricket Nets 6/8/2022 9:39 PM
20 Benches/ picnic area 6/8/2022 9:28 PM
21 Swimming pool 6/8/2022 4:18 PM
22 Bathrooms 6/8/2022 2:59 PM
23 Cricket Pitch, Bike and Skateboard friendly 6/8/2022 2:01 PM 24 BBQ Grills , tables and chairs 6/7/2022 5:47 PM
25 More tennis 6/6/2022 8:48 PM
26 Benches for people to sit 6/6/2022 7:02 PM
27 Dont build any sports facilities. Fallon sports park is close by. 6/6/2022 6:13 PM 28 There is dire scarcity of tennis courts in dublin. 50% of the courts are taken by Arora during peak hours when tax paying public wants to play. Please do visit the tennis courts in the evenings to see people waiting over an hour to get a court. 6/6/2022 5:47 PM
29 A fountain or a small water pool with tiny waterfall would be a new add on to the area for recreational value
6/6/2022 5:45 PM
314

JORDAN RANCH NEIGHBORHOOD SQUARE
2 / 3
30 Tennis Courts are very less in Dublin and need a few more to help Dublin residents / tax payers
6/6/2022 5:41 PM
31 None. 6/6/2022 5:39 PM
32 Please build these with lights 6/6/2022 5:30 PM
33 Sitting space and a lot of greenery. 6/6/2022 5:27 PM 34 Sitting area with benches and a restroom 6/6/2022 8:36 AM 35 A community swimming pool would be our favorite option. Thank you. 6/5/2022 5:44 PM 36 Must be safe and secure 6/5/2022 11:43 AM
37 Picnic / BBQ area 6/5/2022 8:48 AM
38 Badminton court. 6/4/2022 11:43 PM
39 dog park? 6/4/2022 8:32 PM
40 Swimming pool or water park! Our community really needs a swimming pool for the kids. 6/4/2022 8:11 PM 41 I prefer Dog park than athletic facilities. There are at least 4 in 5 houses here in Jordan Ranch with dogs and there is no large dog park within 5miles. Fallon Sports park and Cotton Creek School has athletic facilities to use, but no Dog park near. 6/4/2022 12:10 PM
42 A picnic area 6/3/2022 9:51 PM
43 Play structure should include slides, swing set, etc. 6/3/2022 8:41 PM 44 Picnic Area 6/3/2022 8:17 PM
45 Covered picnic spot 6/3/2022 8:09 PM
46 Small patch for Yoga , surrounded by serene plants. Table n chair for neighborhood catch up.

Small garden around walk patch
6/3/2022 5:21 PM
47 water theme park 6/3/2022 12:25 PM
48 Kids play structures 6/2/2022 8:14 PM
49 Swimming pool 6/2/2022 6:48 PM
50 Swimming pool 6/2/2022 6:22 PM
51 Swimming pool 6/2/2022 6:03 PM
52 Swimming pool 6/2/2022 5:56 PM
53 Swimming pool 6/2/2022 5:55 PM
54 play area for kids 6/2/2022 5:55 PM
55 Swimming pool 6/2/2022 5:50 PM
56 Swim pool 6/2/2022 3:47 PM
57 Picnic tables 6/2/2022 2:45 PM
58 community swimming pool 6/2/2022 2:03 PM
59 Swimming pool Badminton court 6/2/2022 1:52 PM
60 Dog park 6/2/2022 1:40 PM
61 A BMX track. 6/2/2022 1:13 PM
62 Community Swimming pool and fitness center 6/2/2022 11:55 AM 63 There should be an overlook area to admire the view 6/1/2022 9:51 PM 64 just a quiet park please with trees, walkway and benches. 6/1/2022 7:50 PM 65 park is too small for any. And not enough parking, therefore, we should not attract people to 6/1/2022 5:26 PM 315

JORDAN RANCH NEIGHBORHOOD SQUARE
3 / 3
come special for this area It should be an open space scenic area with trees, bench, flowers 66 Dear City of Dublin Admin, as Jordan Ranch resident, we are really happy and appreciate your efforts to make this living environment beautiful, safe and healthy. For this designed area, I would like to request to build a swimming pool. In dublin, summer is really hot, the weather goes up to 98 or 100 degrees. We really need to build more swim area for kids and adult to hangout. In this area, we don’t have any swimming pool. We don’t need playground as we near so many parks, city of sports, Jordan ranch park…, we have a nice neighborhood to walk around and jogging. We need swimming pool more than anything else. Thank you for your consideration
6/1/2022 4:35 PM
67 We definitely need a swimming pool! 6/1/2022 4:09 PM 68 Warm swimming pool there’s no swimming pool around. 6/1/2022 4:01 PM 69 Rubberized running track 6/1/2022 1:12 PM
70 Dog park area 6/1/2022 11:23 AM
71 no 6/1/2022 11:11 AM
72 Pool 5/31/2022 7:33 PM
73 Pull up bar 5/31/2022 7:10 PM
74 Cricket Court 5/29/2022 10:06 PM
75 Fitness and a running loop. 5/28/2022 12:02 AM
76 Skateboarding park 5/27/2022 3:38 PM
316

JORDAN RANCH NEIGHBORHOOD SQUARE
6 / 7
Q6 Which amenities would you like to see in your park?Rank the optionswith 1 being the most appropriate and 13 the least.

Answered: 200 Skipped: 24
0 2 4 6 8 10 12 14 16 18 20

COVERED

SEATING

DEMONSTRATION
GARDEN

INFORMAL LAWN
SPACES

AMPHITHEATER

NATIVE HABITAT
CHESS

VIEWING

PLATFORM

HORSE SHOE

CORN HOLE

PING PONG

TIC TAC TOE

BBQ AREA

INFORMAL
PICNIC
317

JORDAN RANCH NEIGHBORHOOD SQUARE
7 / 7

59.69%
114

16.23%
31 13.61%
26 3.14%
6 1.05%
2 2.62%
5 1.05%
2 0.00%
0 2.09%
4 0.00%
0 0.5

8.43%
15 18.54%
33 11.80%
21 17.42%
31 7.87%
14 14.04%
25 4.49%
8 4.49%
8 1.12%
2 2.81%
5 2.2

1.63%
3 13.59%
25 21.74%
40 16.85%
31 17.39%
32 6.52%
12 8.15%
15 3.80%
7 2.72%
5 0.00%
0 1.6

3.91%
7 3.91%
7 8.94%
16 12.29%
22 11.17%
20 13.41%
24 9.50%
17 8.38%
15 5.03%
9 7.26%
13 4.4

1.13%
2 2.82%
5 2.82%
5 6.21%
11 20.90%
37 13.56%
24 15.82%
28 11.86%
21 5.65%
10 5.08%
9 3.3

3.93%
7 2.81%
5 2.81%
5 6.18%
11 5.62%
10 17.42%
31 14.61%
26 12.92%
23 12.92%
23 6.18%
11 6.7

5.56%
10 7.22%
13 5.56%
10 4.44%
8 6.11%
11 8.33%
15 16.11%
29 11.67%
21 14.44%
26 8.89%
16 2.2

0.00%
0 1.70%
3 0.57%
1 1.70%
3 2.27%
4 4.55%
8 6.82%
12 18.75%
33 19.89%
35 23.30%
41 10.8

0.00%
0 0.00%
0 1.69%
3 2.26%
4 6.21%
11 2.82%
5 7.34%
13 11.30%
20 16.95%
30 18.08%
32 18.6

3.91%
7 7.26%
13 5.03%
9 7.82%
14 5.59%
10 3.35%
6 4.47%
8 5.59%
10 9.50%
17 12.29%
22 15.0

0.57%
1 2.27%
4 1.14%
2 2.84%
5 3.98%
7 3.41%
6 3.98%
7 5.11%
9 3.98%
7 10.23%
18 25.0

8.02%
15 13.37%
25 10.70%
20 7.49%
14 4.28%
8 5.35%
10 4.28%
8 4.28%
8 2.67%
5 3.21%
6 4.8

7.85%
15 15.18%
29 15.18%
29 12.04%
23 7.33%
14 4.19%
8 2.09%
4 2.09%
4 1.57%
3 2.09%
4 2.6
1 2 3 4 5 6 7 8 9 10 11

COVERED

SEATING

DEMONSTRATION
GARDEN

INFORMAL LAWN
SPACES

AMPHITHEATER

NATIVE HABITAT
CHESS

VIEWING

PLATFORM

HORSE SHOE

CORN HOLE

PING PONG

TIC TAC TOE

BBQ AREA

INFORMAL
PICNIC
318
NATURE* NATURE*

PLAYGROUNDPLAYGROUND
* FOREST WITH* FOREST WITH

NATIVE UNDER STORYNATIVE UNDER STORY
* POLLINATOR* POLLINATOR

GARDENGARDEN
*FITNESS STATION*FITNESS STATIONBIKE RACKS*BIKE RACKS*
*BIKE RACKS*BIKE RACKS
*FITNESS STATION*FITNESS STATION
*FITNESS STATION*FITNESS STATION
* HILLY SLIDE* HILLY SLIDE * AMPHITHEATER* AMPHITHEATER * SHADE CANOPY* SHADE CANOPY

GROVEGROVE
* PICNIC AREA* PICNIC AREA
* ENTRY COURT* ENTRY COURT
**RESERVABLE COVEREDRESERVABLE COVERED
PICNIC AREA w/ BBQPICNIC AREA w/ BBQ MULTI USE MULTI USE

SPORTS COURT SPORTS COURT
FLEX LAWN*FLEX LAWN*

PANDORA WAY

CENTRAL PARKWAY

PINO GRANDE ROAD

TWAIN HARTE ROAD

PANDORA WAY
AA
AA
BB
CC
CC
BB
0 10'
20'
1" = 20'
N

NEIGHBORHOOD

JORDAN
RANCH
SQUARE

COMMUNITY INPUT

FOREST PARK - NEIGHBORHOOD UNDER THE TREES

NATURE PLAYGROUND - EXPLORING THE FOREST FLOOR

DUBLIN BEACH- FUN UNDER THE SUN

SHADE CANOPY GROVE- DISCOVER PLACES OF RESPITE IN THE FOREST FLEX LAWN FOREST PLAY BIKE PARKING

THE FOREST

NEIGHBORHOOD UNDER THE TREES

KEY FEATURES
- DENSE SHADE CANOPY FOR INFORMAL

ACTIVITIES
- ACTIV ATED PARK EDGES FOR PLAY
- FLEX LAWN
DESIGN
• COMMON THEME: THE FOREST DESIGN WAS THE
COMMUNITIES 1ST CHOICE.
• DESIGN TAKEAWAY: PEOPLE SEEMED TO LIKE THE NATURAL

DESIGN OF THIS OPTION AND HOW IT LENT ITSELF TO THE
VALLEY VIEWS.
• DESIGN ACTION: SWA WILL CONTINUE TO DEVELOP

THE FOREST DESIGN CONCEPT AND WILL INCORPORATE
COMMUNITY INPUT.

SPORTS AND FITNESS
• COMMON THEME: THE COMMUNITY NOTED THAT SOME SORT
OF SPORTS COURT AND FITNESS ACTIVITY, WAS IMPORTANT.
• DESIGN TAKEAWAY: A SPORT COURT IS WANTED BUT IT SHOULD NOT BE THE MAIN ELEMENT OF THE PARK.
• DESIGN ACTION: THE SPORTS COURT WILL BE INCLUDED

IN THE PROJECT, AND SWA WILL BEGIN TO LOOK HOW

TO INCORPORATE A MULTI-USE SPORTS COURT AND BE
DEVELOPED INTO THE DESIGN.

PLAYGROUND
• COMMON THEME: A PLAYGROUND BE FOR CHILDREN OF ALL
AGES.
• DESIGN TAKEAWAY: DESIGN A PLAYGROUND FOR ALL AGES

AND INCLUDE PLAYGROUND SHOULD INCLUDE THE ELEMENT
WANTED BY THE COMMUNITY. IT WAS NOTED THAT THERE WERE

A FEW PLAY ELEMENTS IN OTHER DESIGN OPTIONS THAT THE

COMMUNITY WOULD LIKE TO INCLUDE IN THE FOREST DESIGN
SCHEME
• DESIGN ACTION: AS THE CONCEPT SCHEME MOVES INTO

SCHEMATIC DESIGN SWA WILL DESIGN A PLAYGROUND THAT
RESPONDS TO THE COMMUNITIES SUGGESTIONS.

BBQ
• COMMON THEME: THERE WERE SEVERAL COMMENT NOTING
THAT MORE BBQ AREAS ARE NEEDED.
• DESIGN TAKEAWAY: ADD BBQ AREAS TO ADDRESS THE WANT.
• DESIGN ACTION: BBQ’S WILL BE ADDED TO EACH OF THE
PICNIC AREAS. THE FINAL LOCATIONS AND QUANTITY OF BBQ’S

WILL BE EVALUATED AND INCLUDED IN THE SCHEMATIC DESIGN
PHASE.

GARDEN
• COMMON THEME: THERE WERE SEVERAL COMMENTS FOR A

POLLINATOR GARDEN (SEVERAL COMMENTS FOR COMMUNITY

GARDEN)
• DESIGN TAKEAWAY: A POLLINATOR GARDEN OR PROPERLY

SELECTED PLANTING PALLET WOULD FIT NICELY INTO THE
FOREST DESIGN CONCEPT. A COMMUNITY GARDEN MAYBE

POSSIBLE, HOWEVER THIS WILL NEED TO BE EVALUATED BY
THE CITY.
• DESIGN ACTION: SWA WILL BEGIN TO SELECT PLANT

MATERIALS IN THE SCHEMATIC DESIGN PHASE, AND WILL
INCLUDE POLLINATOR PLANTING IN THE LANDSCAPE DESIGN.

A COMMUNITY GARDEN DOES NOT FIT INTO THE PROGRAM

ELEMENT OR GUIDELINES OF A NEIGHBORHOOD SQUARE PARK,
SO THIS ELEMENT WILL NOT BE INCLUDED IN THE DESIGN.

FLEX LAWN
• COMMON THEME: FLEX LAWN WAS SEEN AS AN IMPORTANT

ITEM, AND SEVERAL USES WERE IDENTIFIED BY THE

COMMUNITY, SUCH AS SPORTS LIKE VOLLEYBALL, AND
ADDITIONAL PARK SEATING.
• DESIGN TAKEAWAY: THE FLEX LAWN IS IMPORTANT AND WILL BE INCLUDED IN THE FINAL DESIGN.
• DESIGN ACTION: THE FLEX LAWN WILL BE INCLUDED;

HOWEVER, NO PERMANENT SPORTS ELEMENTS WILL BE
INCLUDED. HOWEVER, THIS DOES NOT PREVENT THE

COMMUNITY MEMBER FROM SETTING GAMES AND SPORTS

ON AN AS NEEDED BASES, AND THE LAWN WILL BE DESIGN
TO ACCOMMODATE MULTIPLE USES. BENCH SEATING WILL BE
ADDED TO THE EDGE OF THE LAWN AREA.

VIEWS
• COMMON THEME: PROTECTING VIEWS
• DESIGN TAKEAWAY: THIS WILL BE EVALUATED AND STUDIED

TO FIGURE OUT HOW TO BEST SUIT THE PARK AND THE
COMMUNITY.
• DESIGN ACTION: SWA WILL LOOK ARE REVISING DESIGN
GEOMETRIES TO ACCENTUATE THE VIEWS FROM THE PARK.

SEAT HAS ALSO BEEN PROVIDED ALONG THE LAWN EDGE SO
THAT VIEWS CAN BE PASSIVELY APPRECIATED.

SHADE
• COMMON THEME: SHADE IS IMPORTANT TO THE COMMUNITY
• DESIGN TAKEAWAY: WE WILL HAVE TO STUDY THIS TO MAKE

SURE WE PROVIDE AN ADEQUATE AMOUNT OF SHADE
ELEMENTS.
• DESIGN ACTION: SWA WILL FURTHER LOOKING INTO ENSURING SHADE IS PROVIDED IN KEY AREAS.

PLEASE NOTE THE FOLLOWING:
• COMMUNITY INPUT PROVIDED IS SWA’S PRELIMINARY
EVALUATIONS OF THE COMMUNITY’S RESPONSES. THE THEMES

IDENTIFIED WERE EVALUATED AND EXTRACTED BY NOTING

COMMENTS THAT APPEARED MULTIPLE TIMES AND ON DIFFERENT
DESIGN OPTIONS.
• WE HAVE NOT INCLUDED COMMENTS THAT ARE NOT FEASIBLE
FOR THE NEIGHBORHOOD SQUARE PARK. THESE COMMENTS

WERE RELATED TO THE REQUEST TO INCLUDE WATER FEATURE,

CERTAIN SPORTS COURT FACILITIES THAT WOULD NOT FIT THE
SITE, AND RESTROOMS FACILITIES.

Attachment 3
319

NEIGHBORHOOD

JORDAN
RANCH
SQUARE

REFERENCE IMAGES

THE FOREST

NEIGHBORHOOD UNDER THE TREES
320

JORDAN RANCH

NEIGHBORHOOD
SQUARE
December 6th, 2022
321

PROJECT CONTEXT AND TIMELINE
322

SELECTED CONCEPT DESIGN

THE FOREST
323

REFINED CONCEPTUAL DESIGN

ADJUSTING PER RESIDENT/CITY COMMENTS
324

THANK YOU
QUESTIONS??
325

Dublin City CouncilDecember 6, 2022

Dublin City Council
December 6, 2022