September 5, 2023 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Michael McCorriston, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, September 5, 2023 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings
Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:
□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, September 5, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non-agenda items is closed.
□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
CLOSED SESSION 6:30 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
1 September 5, 2023 Dublin City Council Regular Meeting Agenda 2
II. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Vice Mayor McCorriston and Councilmember Qaadri
Unrepresented Employee: City Attorney
REGULAR MEETING 7:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. REPORT ON CLOSED SESSION
3. ORAL COMMUNICATIONS
3.1 Presentation of the Constitution Week Proclamation The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution.
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 - Constitution Week Proclamation
3.2 Employee Introductions
New City of Dublin Staff member, Ivan San Pedro, Recreation Supervisor in the Parks and Community Services Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
Staff Report
3.3 Preview of Splatter 2023
The City Council will receive a presentation previewing Splatter, taking place September 9, 2023, at Emerald Glen Park.
STAFF RECOMMENDATION:
Receive the presentation.
Staff Report
Item 3.3 - PowerPoint Presentation
3.4 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
2 September 5, 2023 Dublin City Council Regular Meeting Agenda 3
4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.
4.1 Approval of the August 15, 2023 Special and Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the August 15, 2023 Special and Regular City Council Meetings.
STAFF RECOMMENDATION:
Approve the minutes of the August 15, 2023 Special and Regular City Council Meetings.
Staff Report
Attachment 1 - August 15, 2023 Special City Council Meeting Minutes Attachment 2 - August 15, 2023 Regular City Council Meeting Minutes
4.2 Delegation of Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-2024
The City Council will consider delegating purchasing authority of police vehicles, municipal fleet vehicles, and electric vehicle charging stations exceeding $45,000 to the City Manager for the remainder of Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-24.
Staff Report
Attachment 1 - Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-24
Item 4.2 - SB343
4.3 Second Reading of an Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code
The City Council will consider adopting an Ordinance amending Chapter 4.20 of the Dublin Municipal Code to reflect new requirements for Massage Establishments operating within the City and to update the Code for clarity and enhanced public safety.
The City Council waived the first reading and introduced the Ordinance on August 15, 2023, and is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code.
Staff Report
Attachment 1 - Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code
Attachment 2 - Exhibit A to the Ordinance - Chapter 4.20 (Massage Establishments and Massage Services) - Clean Version
3 September 5, 2023 Dublin City Council Regular Meeting Agenda 4
4.4 Dublin Municipal Code Amendment to Section 8.84.140.I - Real Estate Directional Signs (PLPA-2023-00017)
The City Council will consider City-initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka “open house signs”).
Amendments are proposed to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs” to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority. On August 15, 2023, the City Council waived the first reading and introduced the Ordinance amendments. The City Council is considering waiving the second reading and adopting the proposed Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs).
Staff Report
Attachment 1 - Ordinance Approving Amendments to Dublin Municipal Code Section
8.84.140.I (Real Estate Directional Signs)
Attachment 2 - City Council Staff Report dated August 15, 2023, without attachments
4.5 Tri-Valley Haven Shelter Rebuild and Expansion Project The City Council will consider allocating $240,205 in available grant funds from the Community Development Block Grant (CDBG) Urban County Capital Project Pool to rebuild of the Tri-Valley Haven Domestic Violence and Homeless Shelter. The project will include shelter expansion from 30 to 45 beds.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Allocation of CDBG Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project and adopt the Resolution Approving the Amendment to the Memorandum of Understanding for the Environmental Review of the CDBG-Funded Tri-Valley Haven Shelter Project.
Staff Report
Attachment 1 - Resolution Approving the Allocation of CDBG Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project
Attachment 2 - Resolution Approving the Amendment to Memorandum of Understanding for the Environmental Review of the CDBG-Funded Tri-Valley Haven Shelter Project Attachment 3 - Exhibit A to the Resolution - Amendment to Memorandum of Understanding for the Environmental Review
Attachment 4 - Memorandum of Understanding Between the Cities of Livermore and Pleasanton for the Environmental Review of the CDBG-Funded Shelter Project
4.6 Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
The City Council will consider approving an agreement with Strategic Economics, Inc. for an update to the Economic Development Strategy and General Plan Economic Development Element.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element and approve a budget change.
4 September 5, 2023 Dublin City Council Regular Meeting Agenda 5
Staff Report
Attachment 1 - Resolution Approving an Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element Attachment 2 - Exhibit A to the Resolution - Strategic Economics, Inc. Agreement Attachment 3 - Request for Proposal - Economic Development Strategy and General Plan Economic Development Element
Attachment 4 - Strategic Economics, Inc. Proposal
Attachment 5 - Budget Change Form
4.7 Commercial Façade Improvement Grant Program Agreement for Village Parkway Investments
The City Council will consider approving a Commercial Façade Improvement Grant Program Agreement for Village Parkway Investments. The business has requested participation in the program to assist with improvements to the building’s exterior façade.
STAFF RECOMMENDATION:
Adopt the Resolution Approving a Commercial Façade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments.
Staff Report
Attachment 1 - Resolution Approving a Commercial Facade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments Attachment 2 - Exhibit A to the Resolution - Commercial Facade Improvement Grant Program Agreement Between the City of Dublin and Village Parkway Investments
4.8 Revisions to the Personnel System
The City Council will consider proposed changes to the City’s current Personnel System.
The proposed adjustments are a result of the Employee Process conducted earlier this year, as well as the need to revise the City’s Classification Plan.
STAFF RECOMMENDATION:
Adopt the following: 1) Resolution Amending the Personnel System Rules; 2) Resolution Amending the Benefit Plan in Accordance with Personnel Rules; 3) Resolution Amending the Salary Plan for Full- Time Personnel and Management Positions Exempt from Competitive Service; 4) Resolution Amending the Classification Plan; and 5) Resolution Designating Management Positions Exempt from Competitive Service Staff Report
Attachment 1 - Resolution Amending the Personnel Rules
Attachment 2 - Exhibit A - Dublin Personnel Rules 2023
Attachment 3 - Exhibit B - Dublin Personnel Rules 2023 (redline version) Attachment 4 - Resolution Amending the Benefit Plan In Accordance with Personnel Rules Attachment 5 - Exhibit A - Benefit Plan
Attachment 6 - Exhibit B - Benefit Plan (redline version) Attachment 7 - Resolution Amending the Salary Plan for Full-Time Personnel and Management Positions Exempt from Competitive Service
Attachment 8 - Exhibit A - Salary Plan Tables
Attachment 9 - Resolution Amending the Classification Plan Attachment 10 - Exhibit A - Accounting Manager Job Specification Attachment 11 - Exhibit B - Principal Engineer Job Specification
5 September 5, 2023 Dublin City Council Regular Meeting Agenda 6
Attachment 12 - Exhibit C - Graphic Design and Communications Coordinator Job Specification (redline version)
Attachment 13 - Resolution Designating the Management Positions Exempt from Competitive Service
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Update to the Public Facilities Fee Study, Adoption of Public Facilities Fees, and Ordinance Amending Chapter 9.28 (Dedication of Lands for Park and Recreation Purposes)
The City Council will review the Update to the Public Facilities Fees Study and consider proposed changes to the Public Facilities Fee (PFF) program, which was last updated in 2017.
The proposed rates for the PFF reflect changes in population and in the cost of developing public facilities.
In addition, the City Council will consider adopting a related Ordinance amending the Dublin Municipal Code to reflect new parkland dedication categories and updated census numbers concerning the number of persons per dwelling unit. The City Council waived the first reading and introduced the Ordinance on June 20, 2023, and is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Conduct the Public Hearing and adopt the Resolution Revising the Public Facilities Fee for Future Developments Within the City of Dublin and waive the second reading and adopt the Ordinance Amending Chapter 9.28 (Dedication of Lands for Park and Recreation Purposes) of the Dublin Municipal Code
Staff Report
Attachment 1 - Resolution Revising the Public Facilities Fee for Future Developments within the City of Dublin
Attachment 2 - Exhibit A to the Resolution - Public Facilities Fee Study Update - August 2023
Attachment 3 - Ordinance Amending Chapter 9.28 (Dedication of Lands for Park and Recreation Purposes) of the Dublin Municipal Code
Attachment 4 - Staff Report dated June 20, 2023 (without attachments)
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS
8.1 Dublin Fallon 580 General Plan Amendment Initiation Request and Proposed Development Agreement Deal Terms (PLPA-2023-00012)
The City Council will a consider a request by Staff and GH PacVest to initiate a General Plan Amendment for the Dublin Fallon 580 project site, which encompasses approximately 192 acres east of Fallon Road along the Dublin Boulevard Extension. The request includes eliminating the 2.5 -acre Public/Semi-Public land use designation, and convert approximately 44.9 acres with an Open Space land use designation to 6 September 5, 2023 Dublin City Council Regular Meeting Agenda 7
Parks/Public Recreation to accommodate a future nature park. The proposed Development Agreement deal terms associated with future development on the site are also presented as context for the City Council’s consideration of the request.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Initiation of a General Plan Amendment to Eliminate the 2.5-Acre Public/Semi-Public Land Use Designation and Convert the Open Space Land Use Designation to Parks/Public Recreation on the GH PacVest Property and approve the proposed deal terms for the future Development Agreement with GH PacVest.
Staff Report
Attachment 1 - Resolution Approving the Initiation of a General Plan Amendment to Eliminate the 2.5-Acre Public/Semi-Public Land Use Designation and Convert the Open Space Land Use Designation to Parks/Public Recreation on the GH PacVest Property Attachment 2 - Request Letter
Item 8.1 - PowerPoint Presentation
8.2 Designation of Voting Delegates for the 2023 National League of Cities City Summit
The City Council will consider appointing a voting delegate and up to two alternates to attend and vote on the City’s behalf at the National League of Cities City Summit in November 2023.
STAFF RECOMMENDATION:
Discuss the item and appoint a voting delegate and up to two alternates to attend and vote, on the City’s behalf, at the National League of Cities City Summit in November 2023.
Staff Report
Attachment 1 - NLC By-Laws
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.
Mission
7 September 5, 2023 Dublin City Council Regular Meeting Agenda 8
The Ci ty of Dubli n promotes a nd supports a hi gh qua li ty of li fe, ensures a sa fe a nd secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
8 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation of the Constitution Week Proclamation Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:
The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Constitution Week commemorates one of America’s most important founding documents. It is celebrated annually during the week of September 17-23.
The aims of the Constitution Week celebration are to:
Emphasize citizens’ responsibilities to protect and defend the Constitution. Inform people that the Constitution is the basis for America’s great heritage and the foundation for our way of life.
Encourage the study of the historical events which led to the framing of the Constitution in September 1787.
STRATEGIC PLAN INITIATIVE:
None.
9
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Constitution Week Proclamation
10 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Constitution Week”
September 17-23, 2023
WHEREAS, September 17, 2023 marks the 236th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, the National Society of the D aughters of the American Revolution (NSDAR) upholds the goals of Constitution Week, supporting Dublin libraries, schools, and civic organizations in teaching all citizens, especially youth and newly naturalized citizens, about our founding documents; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week.
NOW, THEREFORE, BE IT RESOLVED, that the Dublin City Council does hereby proclaim September 17, 202 3 through September 23, 2023, as Constitution Week, and encourages our citizens to reaffirm the ideals that the framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed to us through this guardian of our liberties, and remembering that lost rights may never be regained.
DATED: September 5, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
_______
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 11 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:
New City of Dublin Staff member, Ivan San Pedro, Recreation Supervisor in the Parks and Community Services Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff member.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff member, Ivan San Pedro, Recreation Supervisor in the Parks and Community Services Department, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
12 STAFF REPORT
CITY COUNCIL
Agenda Item 3.3
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Preview of Splatter 2023
Prepared by: Shaun Chilkotowsky, Parks and Community Services Manager EXECUTIVE SUMMARY:
The City Council will receive a presentation previewing Splatter, taking place September 9, 2023, at Emerald Glen Park.
STAFF RECOMMENDATION:
Receive the presentation.
FINANCIAL IMPACT:
Splatter is included in the City's annual operating budget.
DESCRIPTION:
Splatter will take place on Saturday, September 9, 2023, at Emerald Glen Park. This year's event will continue to celebrate music, food, art, and culture.
Splatter
Splatter, Dublin's annual end-of-summer festival, is committed to commemorating the community's diversity by infusing multicultural aspects throughout the festival's scope. The festival will spotlight community performances encompassing a spectrum of cultural expressions.
Multicultural highlights will include Bollywood and Chinese Dance performances, Kung Fu demonstrations, and more. Various food vendors will be available in the "Dine Around the World" area, highlighting an array of dishes originating from diverse areas of the globe. Likewise, attendees will find themselves immersed in a global shopping experience within the "Arts and Crafts World Market," where they can explore an assortment of goods hailing from different regions.
13
Entertainment
Splatter is set to host an ensemble of live performances across three distinct stages, complemented by dynamic roaming acts dispersed throughout the event premises. The amphitheater stage will serve as a platform for an assorted lineup of multicultural presentations, embodying the essence of diversity. On the Side Yard Stage, the community's artistic talents in music, dance, and poetry will be brought to the forefront.
During the daytime, the Main Stage will resonate with live musical renditions. As night falls, this very stage will transform into the heart of a "community dance party," led by headline acts Saved by the 90's, a 1990s cover band, and Pop Rocks, a high energy dance band.
Food and Beverage
As previously stated, attendees will have the opportunity to partake in the "Dine Around the World" experience, offering them an enhanced culinary journey encompassing a wide spectrum of global flavors. Collaborating food vendors will present delectable "small plates" within the affordable price range of $5 to $8. In addition, the Rotary Club of Dublin will curate a selection of local craft beer and wines sourced from the Livermore Valley, further enriching the offerings available.
Tasting Pavilion
Celebrating the origins of the festival, Splatter 2023 is set to revive the Tasting Pavilion, a special ticketed affair. Taking place from 3:00 pm to 6:00 pm, this "event-within-the-festival" will showcase an array of locally sourced foods paired with beers and wines from vendors in the Tri- Valley region. Promotion of the Tasting Passports has been ongoing and a part of regular event promotion such as press releases, social media, print flyers, and on the City’s website. Additional targeted promotion to local community leaders, business owners, non-profit leaders, etc. was also part of outreach efforts. This experience can be accessed through Tasting Passports priced at $50.
The Arts
Throughout the event area, Splatter will persist in its dedication to honoring the arts, offering an array of activities suitable for all attendees. In collaboration with the Dublin Arts Collective, an art exhibition titled "The High Life" will grace the interior of The Wave. This exhibition will feature an assemblage of fine artworks crafted by talented local high school artists.
Special Event App
Showcasing Dublin's ongoing commitment to enhance public communication and minimize waste, the Parks and Community Services Department is introducing its Special Event Application, “DublinCaEvent”. This app, downloaded on both Apple and Android devices and available beginning September 1, 2023, serves as a comprehensive hub for event information. The app will include festival maps, sponsor and vendor directories, parking and transportation details, schedules, and entertainment lineups. Beyond just putting festival details at attendees' disposal, this app also plays a vital role in environmental conservation by eliminating the need for paper programs and thereby curbing paper waste and printing.
Grand Finale
Finally, building upon the enthusiastic reception of 2022, the night will conclude with a 14
synchronized spectacle of 200 drones illuminating the sky in harmony. This year's drone show, which has increased from the 100 drones used in previous years, has been tailored to uniquely symbolize Splatter and the vibrance of the City of Dublin.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
None.
15 SPLA TTER
City Council Meeting
September 5, 2023
16 Event Details
• Saturday, Sept 9, 2023 – Emerald Glen Park
• Time: 12:00 p.m. – 8:30 p.m.
• Day Time – Family Friendly Events & Entertainment
• Late Afternoon/Evening – Tasting Pavilion, Headlining Entertainers & Grand Finale
• Launch of Event App
17 Splatter 2023
• Three Stages of Entertainment
– Main Stage
• Headliners & Grand Finale
– Amphitheater Stage
• Multicultural Performances
– Side Yard Stage
• Local Acoustic Musicians & Performers
• Roaming Entertainment
18 Tasting Pavilion
• Tasting Passport to
include small bites
sampling, wine, and craft
beer
19 Splatter 2023 continued
• Dine Around the World
• Arts & Crafts World Market
• Carnival & More
• Interactive Arts & Crafts
• “High Life” – Art Gallery
featuring Local Highschool
Students
20 Headlining Entertainment
Saved by the 90s & Pop Rocks
21 Grand Finale Drone Show
22 Special Event Application
23 Questions?
24 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the August 15, 2023 Special and Regular City Council Meetings.
STAFF RECOMMENDATION:
Approve the minutes of the August 15, 2023 Special and Regular City Council Meetings.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the August 15, 2023 Special and Regular City Council Meetings.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) August 15, 2023 Special City Council Meeting Minutes 2) August 15, 2023 Regular City Council Meeting Minutes DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the August 15, 2023 Special and Regular City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
25 MINUTES OF THE CITY OF DUBLIN
CITY COUNCIL
Special Meeting: August 15, 2023
MINUTES 1
CITY COUNCIL SPECIAL MEETING
AUGUST 15, 2023
A Special Meeting of the Dublin City Council was held on Tuesday, August 15, 2023,in the Regional Meeting Room at the Civic Center. The meeting was called to order at 5:03 PM., by Mayor Hernandez.
CLOSED SESSION 5:00 PM
I. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of Subdivision (d) of Section 54956.9)
Name of case: City of Dublin v. Renzulli, et al., Alameda County Superior Court Case No. 23CV039508
II. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9: 2 cases
III. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Juarez v. City of Dublin et al., Alameda County Superior Court Case No. HG21093985
Attachment 1
26 MINUTES 2
CITY COUNCIL SPECIAL MEETING
AUGUST 15, 2023
IV. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representatives: Linda Smith, City Manager Unrepresented Employees:
Accountant Information Systems Manager
Administrative Aide Information Systems Specialist
Administrative Technician Information Systems Technician II Assistant City Manager Maintenance Coordinator
Assistant Civil Engineer Management Analyst I
Assistant Director of Community Development Management Analyst II Assistant Parks & Community Services Director Network Systems Coordinator Assistant Planner Office Assistant II
Assistant Public Works Director/City Engineer Parks & Community Services Director Associate Civil Engineer Parks & Community Services Manager Associate Planner Parks & Facilities Development Coordinator Audio-Video Specialist Permit Technician
Capital Improvement Program Manager Plan Check Engineer Chief Building Official Plans Examiner I
Chief Information Security Officer Principal Planner
City Clerk Program Specialist
Code Enforcement Officer Public Works Director/Assistant Engineer Communications Manager Public Works Manager
Community Development Director Public Works Transport & Operations Manager Deputy City Manager Recreation Technician
Environmental & Sustainability Manager Senior Accountant Environmental Technician Senior Civil Engineer
Executive Aide Senior Finance Technician
Finance Director Senior Management Analyst
Financial Analyst Senior Office Assistant
GIS Coordinator Senior Planner
Graph Design & Communications Coordinator Senior Public Works Inspector Human Resources Director Special Projects Manager
Human Resources Manager
27 MINUTES 3
CITY COUNCIL SPECIAL MEETING
AUGUST 15, 2023
STUDY SESSION 6:00 PM
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2. REPORT ON CLOSED SESSION
City Attorney John Bakker reported two reportable actions out of Closed Session:
1. On a four to one decision, with Councilmember Hu dissenting, the City Council authorized the initiation of litigation. The action, defendants, and other particulars will be disclosed as such time litigation is filed.
2. On a four to one decision, with Mayor Hernandez dissenting, the City Council approved a settlement in the Juarez v. City of Dublin case with the City providing $0 and not admitting any liability. The City Manager was authorized to sign a settlement agreement.
The City Council decided to return to closed session after the adjournment of the Regular City Council Meeting.
3. PUBLIC COMMENT
None.
4. STUDY SESSION
4.1 2023 Dublin Community Survey
City Council received a presentation from Curt Below with FM3 Research on the Dublin 2023 Community Survey.
Mayor Hernandez recessed the meeting to the Regular Meeting at 7:00 p.m., with the Special Meeting to be continued after adjournment of the Regular Meeting.
Mayor Hernandez reconvened the Special Meeting at 10:06 p.m. 28 MINUTES 4
CITY COUNCIL SPECIAL MEETING
AUGUST 15, 2023
By a majority, the City Council directed Staff to prepare materials for two ballot measures for March 2024, one regarding term limits and the other regarding a potential annexation at the City’s eastern edge.
Mayor Hernandez adjourned the Study Session at 11:00 PM and the City Council returned to closed session.
5. ADJOURNMENT
The meeting was adjourned by Mayor Hernandez at 11:26 PM.
Mayor
ATTEST:
City Clerk
29 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: August 15, 2023
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
August 15, 2023
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, August 15, 2023, in the City Council Chamber. The meeting was called to order at 7:04 PM, by Mayor Hernandez. 1) CALL TO ORDER
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) PLEDGE OF ALLEGIANCE
3) ORAL COMMUNICATIONS
3.1) Inspiration Studio USA Certificate of Recognition
The City Council presented the certificate to Inspiration Studio USA.
3.2) American Muslim Appreciation and Awareness Month Proclamation The City Council presented the American Muslim Appreciation and Awareness Month proclamation.
3.3) Employee Introductions
New City of Dublin Staff members, Erika Spoon, Derek Teaderman, Monette Au, Tommy Cook, Brad Olson, Brian Spiller, and Aimee Dacumos were introduced.
Attachment 2
30 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
August 15, 2023
3.4) Public Comment
Weng Tam provided public comment.
Anthony Lavaysse provided public comment.
4) CONSENT CALENDAR
4.1) Approved the June 20, 2023, Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 79-23 titled, “Summarily Vacating an Emergency Vehicle Access Easement Located at 5751 Arnold Road (Streets and Highways Code Chapter 4).”
4.3) Adopted Resolution No. 80-23 titled, “Authorizing the City Manager to Purchase Software Licenses and Related Computer Equipment from CDW Government, LLC. in Excess of $45,000.”
4.4) Adopted Resolution No, 81-23 titled, “Authorizing the City Manager to Purchase Computers and Related Equipment from Dell Marketing, L.P. in Excess of $45,000 in Fiscal Year 2023-24.”
4.5) Received a notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8563, 8645, 8646, 8648, and 8671, Francis Ranch Large Lot Map and Neighborhoods 1, 2, and 4.
4.6) Adopted Resolution No. 82-23 titled, “Resolution of Intent to Vacate Right-of-Way on Croak Road and Setting a Public Hearing.”
4.8) Adopted Resolution No. 83-23 titled, “Amending City Council Resolution 133-22 Approving the 2023 – 2031 Housing Element.”
4.9) Received a report on the administrative actions taken during the City Council recess between June 21 and August 14, 2023, related to the Annual Street Resurfacing and Overlay projects, the Alamo Creek Fence Replacement Project, and an agreement with All City Management Services, Inc.
4.10) Adopted Resolution No. 85-23 titled, “Approving the Plans and Specifications and Awarding a Contract to Suarez & Munoz Construction, Inc. for the Wallis Ranch Community Park Project, CIP No. PK0421,” and approved the budget change.
4.11) Adopted Resolution No. 86-23 titled, “Approving the 2023 Annual Review of Investment Policy and Delegation of Authority to Complete Investment Transactions.”
4.12) Received the City Treasurer’s Informational Report of Investments for the quarter ending June 30, 2023.
31 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
August 15, 2023
4.13) Received a listing of payments issued from June 1, 2023 – June 30, 2023, totaling $9,962,380.56 and July 1, 2023 – July 31, 2023, totaling $10,081,559.88.
4.14) Confirmed the Mayor’s recommendation of Mayor Hernandez and Councilmember Qaadri as the 2023 Ad Hoc Audit Review Committee.
4.15) Adopted Resolution No. 87-23 titled, “Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (July 2023 Slurry Seal) Project, CIP No. ST0117.”
4.16) Adopted Resolution No. 88-23 titled, “Approving the First Amendment to the Agreement with Civica Law Group, APC for Special Counsel Legal Services.” On a motion by Councilmember Josey, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted the Consent Calendar, except for items 4.7 and
4.17. RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
4.7) Adopted Resolution No. 83-23 titled, “Accepting the Citywide Signal Communications Upgrade - Conduit Installation for Future Fiber Interconnect on Dublin Boulevard Project, CIP No. ST0713.”
This item was pulled from the consent calendar by Councilmember Hu for clarifying questions.
4.17) Adopted Resolution No. 89-23 titled, “Approving an Affordable Housing Agreement Between the City of Dublin and TH East Ranch Dublin, LLC, for the East Ranch Project.” This item was pulled from the consent calendar for public comment.
Tom Evans provided public comment.
On a motion by Councilmember Qaadri and seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted Consent Calendar items 4.7 and 4.17.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
32 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
August 15, 2023
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING
6.1) Dublin Municipal Code Amendment to Section 8.84.140.I “Real Estate Directional Signs” (PLPA-2023-00017)
The City Council received a presentation regarding amendments to the Dublin Municipal Code Section 8.84.140.I related to Real Estate Directional Signs (aka “open house signs”).
Mayor Hernandez opened the Public Hearing.
Flavio Amaral provided public comment.
Steve Medeiros provided public comment.
Mayor Hernandez closed the Public Hearing.
On a motion by Councilmember Qaadri, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council waived the reading and introduced the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs.”
RESULT: INTRODUCED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
7) UNFINISHED BUSINESS
7.1) Inclusionary Zoning and In-Lieu Fee Feasibility Study and Commercial Linkage Fee Nexus Study
The City Council received a report regarding the Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study.
Mayor Hernandez opened the public comment period.
Shirley Lewandowski provided public comment.
Mayor Hernandez closed the public comment period.
The City Council requested additional sensitivity analysis, comparable data from other communities, and evaluation of lowering the unit counts below the 20 units. 33 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
August 15, 2023
8) NEW BUSINESS – None.
8.1) Introduction of an Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code The City Council received a presentation regarding recommended amendments to the Dublin Municipal Code to reflect new requirements for Massage Establishments operating within the City and to update the Code for clarity and enhanced public safety.
Mayor Hernandez opened the public comment period.
Upon receiving no public comment, Mayor Hernandez closed the public comment period.
On a motion by Councilmember Josey, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council waived the reading and introduced the Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code.
RESULT: INTRODUCED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by the City Council related to meetings attended at City expense (AB1234).
10) ADJOURNMENT
Mayor Hernandez adjourned the regular City Council meeting at 10:00 PM and noted the City Council would continue the Special Meeting in the Regional Meeting Room.
Mayor
ATTEST:
City Clerk
34 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Delegation of Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-2024
Prepared by: Raelyn Miranda, Administrative Aide and Debbie Bell, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will consider delegating purchasing authority of police vehicles, municipal fleet vehicles, and electric vehicle charging stations exceeding $45,000 to the City Manager for the remainder of Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-24.
FINANCIAL IMPACT:
The cost of replacement police vehicles will be covered by the Fiscal Year 2023-24 Internal Service Fund (ISF) Budget. Any revenue generated from the auction of the retired vehicles will be deposited into the ISF to offset future replacement costs. Funding for the two new (non- replacement) vehicles was included in the operating budget for Dublin Police Services.
The cost of replacement municipal fleet vehicles and electric vehicle charging stations (EVCS) will be covered by the ISF, the Public Works operating budget, and the Climate Action Plan 2030 and Beyond (CAP) Reserve in the General Fund.
35
DESCRIPTION:
Police Vehicles
Dublin Police Services manages a fleet of 35 police vehicles, comprising 12 unmarked vehicles and 23 marked vehicles, for patrol, crime prevention, and school resource officers. Generally, Staff reviews replacement of these vehicles after three years of service and/or 75,000 miles. On average, Staff budgets for and replaces between four and six police vehicles each year, depending on vehicle condition and funds available in the Internal Service Fund (ISF). Staff plans to replace the following nine vehicles in Fiscal Year 2023-24, which includes four replacements carried over from the prior year:
Replaced Vehicle Replaced Vehicle VIN
Anticipated Replacement Vehicle
2018 Dodge Charger
(marked/patrol) 2C3CDXATXJH238913 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol) 2C3CDXAT1JH238914 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol) 2C3CDXAT3JH238915 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol) 2C3CDXAT5JH238916 Chevy Tahoe PPV
2016 Chevy Tahoe
(marked/patrol) 1GNLCDEC7GR235070 Ford Police Interceptor 2018 Dodge Charger
(marked/patrol) 2C3CDXAT7JH238917 Ford Police Interceptor 2017 Ford Taurus
(Unmarked)
1FAHP2D81GH140206 Chevy Tahoe PPV
2015 Ford Taurus
(Unmarked)
1FAHP2D80FG178104 Chevy Tahoe PPV
2017 Ford Taurus
(Unmarked)
1FAHP2D8XHG122724 Chevy Tahoe PPV
In addition to the above replacement vehicles, Staff is also planning to purchase two new (non- replacement) Ford Police Interceptor patrol vehicles. Funding for these vehicles was included in the Fiscal Year 2022-23 budget, but due to the limited availability of these types of vehicles, Staff was not able to procure them last fiscal year. The funding was carried into Fiscal Year 2023-24 to be used when more vehicles become available.
36
Municipal Fleet Vehicles
Public Works manages a fleet of passenger vehicles. Each vehicle has a specific replacement schedule based on vehicle type and service usage. Currently, three fleet vehicles are at or past their replacement schedule: two Ford F150 trucks and one Ford E450 Super Duty van.
Additionally, recent staffing increases in Public Works created the need to increase the fleet by one vehicle.
Staff recommends the purchase of four fully electric vehicles (EV). The existing Ford F150 trucks and E450 Super Duty van are internal combustion engine vehicles and can be replaced with three Ford F150 Lightning EV trucks. The new fleet vehicle will be a sports utility EV. These new EVs will augment the existing fleet that includes one compact EV sedan, one plug-in hybrid sedan, one hybrid compact sports utility vehicle, and one van.
Electric vehicle charging stations (EVCS) are necessary to support the four new EVs. The new sports utility EV will be based at the Civic Center and can use the existing EVCS at the library. This vehicle will also be able to use the new EVCS’s (two direct current fast charging (DCFC) stations and five Level 2 stations) being installed at Dublin Sports Grounds as part of the Citywide Energy Efficiency and Infrastructure Project. The new EV trucks will be based at the Corporation Yard, which currently does not have EVCS. Staff recommends that level 2 EVCS be installed at the Corp Yard to facilitate vehicle charging.
The City’s Climate Action Plan 2030 and Beyond (CAP) lays out a path to reach carbon neutrality by 2045 and includes Measure ML-3, Electrify Municipal Vehicle Fleet and Equipment. The goal of Measure ML-3 is to electrify at least 33% of the municipal fleet by 2030. Electrification of the City’s fleet as described in Measure ML-3 has the potential to reduce municipal greenhouse gas emissions by 14% or more by 2030, depending on how quickly the transition to electric vehicles occurs.
To reduce the electricity demand required from the power grid, including the demand from charging electric vehicles, a 200-kilowatt solar panel system at Dublin Sports Grounds and a 136- kilowatt solar panel system at the Public Safety Complex were installed to serve the electric vehicle chargers that will be installed in the coming weeks. A 47-kilowatt solar panel system plus a 100 kilowatt/165-kilowatt-hour battery energy storage system (BESS) was installed at the Corporation Yard and will also offset electricity demand from the power grid. The BESS at the Corp Yard will help reduce energy demand during peak hours (4 pm to 9 pm), reducing charging costs.
Furthermore, Dublin’s electricity accounts are all powered with East Bay Community Energy’s Renewable 100 electricity, which is 100% greenhouse gas (GHG) emission-free. Therefore, any electricity from the grid that is required to charge the electric vehicles is carbon-free. Replacing three internal combustion engine vehicles with EVs will reduce the City’s GHG emissions, incrementally reducing GHG-related environmental and health impacts for Dublin residents and visitors.
37
Staff Request
Recent purchases of replacement vehicles and equipment have exceeded the City Manager’s purchasing authority of $45,000, requiring Staff to seek City Council approval. However, these transactions have been hindered by supply chain shortages and vehicle and equipment availability at various dealerships. By the time Staff obtains City Council approval, the vehicles are often no longer available, requiring Staff to begin the procurement process again. For this reason, Staff is seeking approval from the City Council to delegate purchasing authority to the City Manager for vehicles and equipment over $45,000 in accordance with the planned and budgeted vehicle replacement schedule for the remainder of the fiscal year.
Staff is requesting that the City Council authorize the disposal of any replaced vehicles by transferring them to a professional auction company for sale. Any revenue generated from the auction of the retired vehicles will be deposited into the fund to offset future replacement costs.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023- 24 38
Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. xx - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DELEGATING AUTHORITY TO THE CITY MANAGER TO PURCHASE POLICE VEHICLES,
MUNICIPAL FLEET VEHICLES, AND ELECTRIC VEHICLE CHARGING STATIONS EXCEEDING $45,000 FOR FISCAL YEAR 2023-24
WHEREAS, Dublin Police Services manages a fleet of 35 police vehicles, including 12 unmarked vehicles, and 23 marked vehicles for patrol, crime prevention, and school resource officers; and
WHEREAS, to ensure reliability and to minimize repair expenses, the City reviews police vehicles after three years of service and/or 75,000 miles for replacement with the most appropriate vehicles to maintain Dublin Police Services operations; and WHEREAS, Public Works manages the municipal passenger vehicle fleet and the electric vehicle charging stations located on City properties; and WHEREAS, the City reviews municipal fleet vehicles for replacement based upon each vehicles specific replacement schedule; and
WHEREAS, due to increased costs, it is expected the procurement of new and replacement vehicles, and the purchase and installation of electric vehicle charging stations, will likely exceed the City Manager’s purchasing limit of $45,000; and WHEREAS, due to supply chain shortages and reduced vehicle and equipment availability at various dealerships, the purchasing process has become time sensitive; and WHEREAS, with the City Council’s delegation of authority to the City Manager to make vehicle purchases over $45,000, Staff will be able to work with dealerships to quickly purchase the appropriate vehicles as they are available; and
WHEREAS, such purchases will be made in accordance with the vehicle replacement schedule and the availability of funds in the Internal Service Fund budget, the Public Works Operating budget, and the General Fund Reserve for the Climate Action Plan 2030 and Beyond (CAP); and
WHEREAS, the City Council adopted the CAP on August 18, 2020, and said CAP includes Municipal Leadership Measure ML-3: Electrify Municipal Vehicle Fleet and Equipment; and
WHEREAS, the Key Target Metrics of CAP Measure ML-3 include electrification of 33% of municipal vehicle fleet and maintenance equipment by 2030.
NOW, THEREFORE, BE IT RESOLVED that City Council approves delegation of purchasing authority for police vehicles, municipal fleet vehicles, and the purchase and 39 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 installation of electric vehicle charging stations over $45,000 to the City Manager in Fiscal Year 2023-24.
BE IT FURTHER RESOLVED that upon placing the new vehicles in service, the replaced vehicles are declared surplus property and the City Manager or designee shall be authorized to arrange for the auction of replaced vehicles in accordance with state and local laws and regulations.
PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
40 September 5, 2023
SB 343
Senate Bill 343 mandates supplemental materials
that have been received by the City Clerk’s office that relate to an agenda item after the agenda packets
have been distributed to the City Council be available
to the public.
The attached documents were received in the City
Clerk’s office after distribution of the September 5,
2023, Regular City Council meeting agenda packet.
Item 4.2
41 CITY MANAGER’S OFFICE
MEMORANDUM
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Item 4.2 Delegation of Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-2024
The September 5, 2023, City Council Meeting includes an item authorizing the delegation of authority to the City Manager to purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations exceeding $45,000 for Fiscal Year 2023-2024, which includes a replacement list of police vehicles.
After the agenda was posted, Staff identified an error in the Police replacement vehicle table. The Ford Taurus vehicles are being replaced by Chevrolet Malibus and not Chevy Tahoe PPVs. Therefore, an updated table is included in this memo, removing the Chevy Tahoe PPVs and replacing them with Chevrolet Malibus. A redlined version of the Staff Report is attached hereto, updating the anticipated replacement vehicles from the Chevy Tahoe PPVs to Chevrolet Malibus.
42 CITY MANAGER’S OFFICE
MEMORANDUM
Replaced Vehicle Replaced Vehicle VIN Anticipated Replacement Vehicle
2018 Dodge Charger
(marked/patrol)
2C3CDXATXJH238913 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT1JH238914 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT3JH238915 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT5JH238916 Chevy Tahoe PPV
2016 Chevy Tahoe
(marked/patrol)
1GNLCDEC7GR235070 Ford Police Interceptor
2018 Dodge Charger
(marked/patrol)
2C3CDXAT7JH238917
Ford Police Interceptor
2017 Ford Taurus
(unmarked)
1FAHP2D81GH140206 Chevrolet Malibu
2015 Ford Taurus
(unmarked)
1FAHP2D80FG178104 Chevrolet Malibu
2017 Ford Taurus
(unmarked)
1FAHP2D8XHG122724 Chevrolet Malibu
43 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT:
Delegation of Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-2024
Prepared by: Raelyn Miranda, Administrative Aide and Debbie Bell, Public Works Manager
EXECUTIVE SUMMARY:
The City Council will consider delegating purchasing authority of police vehicles, municipal fleet vehicles, and electric vehicle charging stations exceeding $45,000 to the City Manager for the remainder of Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-24.
FINANCIAL IMPACT:
The cost of replacement police vehicles will be covered by the Fiscal Year 2023-24 Internal Service Fund (ISF) Budget. Any revenue generated from the auction of the retired vehicles will be deposited into the ISF to offset future replacement costs. Funding for the two new (non-replacement) vehicles was included in the operating budget for Dublin Police Services.
The cost of replacement municipal fleet vehicles and electric vehicle charging stations (EVCS) will be covered by the ISF, the Public Works operating budget, and the Climate Action Plan 2030 and Beyond (CAP) Reserve in the General Fund.
44
DESCRIPTION:
Police Vehicles
Dublin Police Services manages a fleet of 35 police vehicles, comprising 12 unmarked vehicles and 23 marked vehicles, for patrol, crime prevention, and school resource officers. Generally, Staff reviews replacement of these vehicles after three years of service and/or 75,000 miles.
On average, Staff budgets for and replaces between four and six police vehicles each year, depending on vehicle condition and funds available in the Internal Service Fund (ISF). Staff plans to replace the following nine vehicles in Fiscal Year 2023-24, which includes four replacements carried over from the prior year:
Replaced Vehicle
Replaced Vehicle VIN
Anticipated Replacement
Vehicle
2018 Dodge Charger
(marked/patrol)
2C3CDXATXJH238913 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT1JH238914 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT3JH238915 Chevy Tahoe PPV
2018 Dodge Charger
(marked/patrol)
2C3CDXAT5JH238916 Chevy Tahoe PPV
2016 Chevy Tahoe
(marked/patrol)
1GNLCDEC7GR235070 Ford Police Interceptor
2018 Dodge Charger
(marked/patrol) 2C3CDXAT7JH238917 Ford Police Interceptor 2017 Ford Taurus
(Unmarked)
1FAHP2D81GH140206 Chevy Tahoe PPV Chevrolet
Malibu
2015 Ford Taurus
(Unmarked)
1FAHP2D80FG178104 Chevy Tahoe PPV Chevrolet
Malibu
2017 Ford Taurus
(Unmarked)
1FAHP2D8XHG122724 Chevy Tahoe PPV Chevrolet
Malibu
In addition to the above replacement vehicles, Staff is also planning to purchase two new (non-replacement) Ford Police Interceptor patrol vehicles. Funding for these vehicles was included in the Fiscal Year 2022-23 budget, but due to the limited availability of these types of vehicles, Staff was not able to procure them last fiscal year. The funding was carried into Fiscal Year 2023-24 to be used when more vehicles become available. 45
Municipal Fleet Vehicles
Public Works manages a fleet of passenger vehicles. Each vehicle has a specific replacement schedule based on vehicle type and service usage. Currently, three fleet vehicles are at or past their replacement schedule: two Ford F150 trucks and one Ford E450 Super Duty van.
Additionally, recent staffing increases in Public Works created the need to increase the fleet by one vehicle.
Staff recommends the purchase of four fully electric vehicles (EV). The existing Ford F150 trucks and E450 Super Duty van are internal combustion engine vehicles and can be replaced with three Ford F150 Lightning EV trucks. The new fleet vehicle will be a sports utility EV.
These new EVs will augment the existing fleet that includes one compact EV sedan, one plug- in hybrid sedan, one hybrid compact sports utility vehicle, and one van.
Electric vehicle charging stations (EVCS) are necessary to support the four new EVs. The new sports utility EV will be based at the Civic Center and can use the existing EVCS at the library.
This vehicle will also be able to use the new EVCS’s (two direct current fast charging (DCFC) stations and five Level 2 stations) being installed at Dublin Sports Grounds as part of the Citywide Energy Efficiency and Infrastructure Project. The new EV trucks will be based at the Corporation Yard, which currently does not have EVCS. Staff recommends that level 2 EVCS be installed at the Corp Yard to facilitate vehicle charging.
The City’s Climate Action Plan 2030 and Beyond (CAP) lays out a path to reach carbon neutrality by 2045 and includes Measure ML-3, Electrify Municipal Vehicle Fleet and Equipment. The goal of Measure ML-3 is to electrify at least 33% of the municipal fleet by 2030. Electrification of the City’s fleet as described in Measure ML-3 has the potential to reduce municipal greenhouse gas emissions by 14% or more by 2030, depending on how quickly the transition to electric vehicles occurs.
To reduce the electricity demand required from the power grid, including the demand from charging electric vehicles, a 200-kilowatt solar panel system at Dublin Sports Grounds and a 136-kilowatt solar panel system at the Public Safety Complex were installed to serve the electric vehicle chargers that will be installed in the coming weeks. A 47-kilowatt solar panel system plus a 100 kilowatt/165-kilowatt-hour battery energy storage system (BESS) was installed at the Corporation Yard and will also offset electricity demand from the power grid.
The BESS at the Corp Yard will help reduce energy demand during peak hours (4 pm to 9 pm), reducing charging costs.
Furthermore, Dublin’s electricity accounts are all powered with East Bay Community Energy’s Renewable 100 electricity, which is 100% greenhouse gas (GHG) emission-free. Therefore, any electricity from the grid that is required to charge the electric vehicles is carbon-free.
Replacing three internal combustion engine vehicles with EVs will reduce the City’s GHG 46
emissions, incrementally reducing GHG-related environmental and health impacts for Dublin residents and visitors.
Staff Request
Recent purchases of replacement vehicles and equipment have exceeded the City Manager’s purchasing authority of $45,000, requiring Staff to seek City Council approval. However, these transactions have been hindered by supply chain shortages and vehicle and equipment availability at various dealerships. By the time Staff obtains City Council approval, the vehicles are often no longer available, requiring Staff to begin the procurement process again.
For this reason, Staff is seeking approval from the City Council to delegate purchasing authority to the City Manager for vehicles and equipment over $45,000 in accordance with the planned and budgeted vehicle replacement schedule for the remainder of the fiscal year.
Staff is requesting that the City Council authorize the disposal of any replaced vehicles by transferring them to a professional auction company for sale. Any revenue generated from the auction of the retired vehicles will be deposited into the fund to offset future replacement costs.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Delegating Authority to the City Manager to Purchase Police Vehicles, Municipal Fleet Vehicles, and Electric Vehicle Charging Stations Exceeding $45,000 for Fiscal Year 2023-24
47 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Second Reading of an Ordinance Amending Section 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code Prepared by: Felicia Escover, Special Projects Manager EXECUTIVE SUMMARY:
The City Council will consider adopting an Ordinance amending Chapter 4.20 of the Dublin Municipal Code to reflect new requirements for Massage Establishments operating within the City and to update the Code for clarity and enhanced public safety. The City Council waived the first reading and introduced the Ordinance on August 15, 2023, and is now being asked to waive the second reading and adopt the Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code.
FINANCIAL IMPACT:
None.
DESCRIPTION:
On August 15, 2023, the City Council waived the reading and introduced an ordinance (Attachment 1) to amend Chapter 4.20 of the Dublin Municipal Code.
The proposed changes to Dublin Municipal Code 4.20 aim to achieve several intended outcomes, including preventing illicit sexual activities, supporting survivors of human trafficking, and ensuring alignment with California Massage Therapy Council standards and other local government agencies for improved regulation and public safety. Furthermore, these updates intend to support legitimate business owners and practitioners, prevent illicit massage businesses from entering the City, and provide the public with access to healthy and safe massage services while ensuring practitioners are properly trained and certified. 48
On July 12, 2023, City staff sent a letter to all active massage establishments in Dublin, providing them with information about the proposed changes. The letter included the objectives behind the proposed changes, a summary of the proposed updates, and the date on which the City Council would be considering the item. City staff subsequently sent an email and hard copy notice via mail on August 10, 2023 providing massage establishments with the City Council meeting time, date, location, and link to the agenda containing the proposed changes the City Council was set to consider at the August 15, 2023 regular meeting. As of the time of this staff report, Staff had not received any comments from any of the establishments.
STRATEGIC PLAN INITIATIVE:
Strategy 5: Safe and Accessible Community
Objective E: Support existing and innovative public safety efforts NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted and courtesy notices were mailed to active massage establishments notifying them of the proposed changes on July 12, 2023 and August 10, 2023.
ATTACHMENTS:
1) Ordinance Amending Chapter 4.20 (Massage Establishments and Massage Services) of the Dublin Municipal Code
2) Exhibit A to the Ordinance – Chapter 4.20 (Massage Establishments and Massage Services) – Clean Version
49 Attachment 1
Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 ORDINANCE NO. XX – 23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AMENDING CHAPTER 4.20 (MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES)
OF THE DUBLIN MUNICIPAL CODE
WHEREAS, City Staff and Dublin Police Services have worked collaboratively to identify updates to the Dublin Municipal Code Section 4.20 (Massage Establishments and Massage Services) that will create safer massage establishments in the city; and WHEREAS, the original ordinance was introduced in 1987 and was last updated in 2015 to incorporate new standards such as recognizing the State’s new definition of “certified massage practitioner” pursuant to Section 10.5 (Section 4600 et seq.) of the California Business Professions Code; and
WHEREAS, the California Massage Therapy Council (CAMTC), a non-profit responsible for overseeing a state-sanctioned program of certification for massage therapy practitioners, has been working with local government agencies to review local massage establishment ordinances and recommend updates to a city’s municipal code that will help deter human trafficking; and WHEREAS, the proposed changes to Dublin Municipal Code 4.20 aim to achieve several intended outcomes, including preventing illicit sexual activities, supporting survivors of human trafficking, and ensuring alignment with CAMTC standards and other local government agencies for improved regulation and public safety; and
WHEREAS, these updates further intend to support legitimate business owners and practitioners, prevent illicit massage businesses from entering the City, and provide the public with access to healthy and safe massage services while ensuring practitioners are properly trained and certified; and
WHEREAS, the City has worked with CAMTC to review the current code and has developed proposed updates to various sections of Chapter 4.20 to promote clarity and public safety; and
WHEREAS, the proposed updates to Chapter 4.20 are aligned with the City of Dublin’s Strategic Plan Initiative to support existing public safety efforts.
NOW, THEREFORE, the City Council of the City of Dublin does ordain the changes attached hereto as Exhibit A.
Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption.
Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
50 Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
51 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
Chapter 4.20
MASSAGE ESTABLISHMENTS AND MASSAGE SERVICES
Sections:
Article I. General Provisions
4.20.010 Definitions.
4.20.020 Exemptions.
4.20.030 Owner responsibility.
4.20.040 Violations a misdemeanor and a nuisance.
4.20.041 Violations – Renewal and citation compliance
4.20.045 Violations – moratorium.
Article II. Massage Establishments
4.20.050 Permit—Required.
4.20.060 Application procedure and requirements.
4.20.065 Amendments to permit.
4.20.070 City massage establishment permit fee required.
4.20.080 Permit—Issuance or denial.
4.20.090 Permit—Grounds for denial.
4.20.100 Permit—Display requirements.
4.20.110 Revocation or suspension—Reasons.
4.20.120 Revocation or suspension of city massage establishment permit —Hearing procedure.
4.20.125 Denial, suspension and revocation of registration certificates.
4.20.130 Permit nontransferable.
4.20.140 Appeal procedure.
4.20.150 Requirements —Massage establishments.
4.20.160 CAMTC certification required.
4.20.170 Employees —Age requirement.
4.20.180 Daily register required.
4.20.190 Advertising restrictions.
4.20.200 Massage establishment inspections.
4.20.210 Massage by customer prohibited.
4.20.220 Outcall massage services prohibited.
4.20.225 Notifications.
Art
icle III. Massage Therapists
4.20.230 City massage therapist registration —Required.
4.20.240 Registration procedure and requirements.
4.20.250 Massage Therapist responsibility.* Prior ordinance history: Ords. 2-87, 2-93.
Article I. General Provisions
4.20.010 Definitions.
Unless the provision or context otherwise requires, the definitions contained herein shall govern the construction of this chapter.
“Applicant” means any person who applies for a permit as required by this chapter. “California Massage Therapy Council” or “CAMTC” means the massage therapy organization created pursuant to Section 4600.5 of the California Business and Professions Code and further defined in Section 4600 of that code.
Attachment 2
Exhibit A to the Ordinance
52 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Certified massage therapist” means a massage therapist certified by the CAMTC as a certified massage practitioner or as a certified massage therapist pursuant to Section 4601(b) or 4601(c) of the California Business and Professions Code.
“City massage establishment permit” means a permit issued to a massage establishment by the Permit Administrator in accordance with this chapter.
“Compensation” means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
“Employee” means any person, other than a massage therapist, who renders any service to the permittee, who receives compensation directly from the permittee, and who has no physical contact with the customers and clients. “Fully clothed” means clothes are worn in such a manner that an individual’s genitals, buttocks, and chest is not exposed and all outer garments are of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed. “Massage” means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other similar preparation commonly used in this practice. “Massage establishment” means any establishment having a fixed place of business where any person engages in or carries on or permits to be engaged in or carried on any of the activities described in the definition of “massage” set out in this section.
“Massage therapist” means any person who, for any consideration whatsoever, engages in the practice of massage as herein defined.
“Operator” or “massage establishment operator” means any person who is an owner or manager of a massage establishment.
“Outcall massage service” means engaging in or carrying on the practice of massage, not at a fixed location licensed such as a massage establishment, but at a location designated by the permittee, massage therapist, customer or client. “Owner” or “massage establishment owner” means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment. (3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment. (5) All owners of any other type of business associat ion that owns a massage establishment. “Patron” means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
“Permit Administrator” means the Chief of Police or his/her designee. “Permittee” means any person operating or maintaining a massage establishment. (Ord. 4-15 § 4 (part)) “School of Massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2.
53 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
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The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. “Visitor” means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.
4.20.020 Exemptions.
This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
A. Physicians, surgeons, chiropract ors, osteopaths, podiatrists, physical therapists, nurses, or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license.
B. Trainers of any amateur, semi -professional, or professional athlete or athletic team, so long as such persons do not practice massage as their primary occupation at any location where they provide such services in the city.
C. Barbers, estheticians and cosmetologists who are duly licensed under the laws of the state of California, while engaging in practices within the scope of their licenses.
D. Individuals in the city temporarily for educational events.
E. I ndividuals administering massages or health treatments involving massage to persons participating in road races, track meets, triathlons, educational events, conferences or similar single-occurrence athletic, recreational, or educational events.
(Ord. 4-15 § 4 (part))
4.20.030 Owner responsibility.
For the purpose of enforcing the requirements of this chapter, the massage establishment owner shall be responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are providing services on behalf of the massage establishment. Pursuant to California Business and Professions Code 4607, the Permit Administrator may discipline an owner or operator of a massage business or establishment ,or an applicant for certification, pursuant to this chapter for the conduct of all individuals providing massage for compensation on the business premises.
4.20.040 Violations a misdemeanor and a nuisance.
Any massage provided or massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, a misdemeanor and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or state or federal law. (Ord. 4-15 § 4 (part)) Upon determination by the certification officer or any other city enforcement officer that a violation of this chapter has taken place, the officer is authorized to issue an administrative citation that may result in administrative fines in accordance with Chapter 1.06.
4.20.041 Violations – Renewal and citation compliance.
In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected.
4.20.045 Violations – Moratorium.
A. In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Section 4.20.110. Upon issuance of a final order by the Permit Administrator to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so, ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than three years (“the moratorium period”). If the 54 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022. operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the three-year moratorium period shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.
B. Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 4.20.110 of this chapter, the Permit Administrator shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator’s massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired.
Article II. Massage Establishments
4.20.050 Permit—Required.
A. No establishment shall offer massage services without having first obtained a city business license and city massage establishment permit in accordance with the provisions of this chapter.
B. A separate city massage establishment permit must be obtained for each branch location where massage services are carried out.
C. The massage establishment permit shall be renewed every two (2) years. (Ord. 4 -15 § 4 (part))
4.20.060 Application procedure and requirements.
An application for a massage establishment permit shall be submitted to the Permit Administrator on forms provided by the Permit Administrator. Such forms shall require submission of the following information:
A. The proposed name, address, and telephone number of the massage establishment.
B. The name and street address and telephone number of the owner(s) on which the massage establishment is operated. In the event the applicant is not the legal owner of the property on which the massage establishment is located, the application shall be accompanied by a copy of the lease and an acknowledgement from the owner of the property that a massage establishment is located on the property; C. The exact nature of the massage to be administered;
D. The massage establishment’s hours of operation;
E. A detailed diagram showing the interior floor plan and configuration of the premises; F. The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation;
a. For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, a copy of that individual’s current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card.
G. The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services.
H. For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card and:
a. All disciplinary action against, suspension, denial, or revocation of a permit or certificate to practice massage, including the agency, date, and reason associated with the action. 55 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
I. For each owner of the massage establishment, the following information:
a. The business, occupation, employment, and residency history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same; b. Height, weight, color of eyes and hair;
c. Written proof that the owner(s) is at least eighteen (18) years of age; d. Driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card;
e. Two current (2) color portrait photographs of the applicant at least two (2) inches by two (2) inches;
f. The massage or similar business license history of the owner; whether such person, in previously operating in this or another city, county or state under license, has had such license revoked or suspended, the reason therefor, and the business activity or occupation subsequent to such action of suspension or revocation;
g. All criminal convictions except minor traffic violations and any criminal charges pending against the applicant at the time of submission of the application, other than misdemeanor traffic citations, including the name and address of the court in which the charge is pending and any applicable case numbers;
h. A statement whether the owner has failed to pay any judgment arising from or connected with the activities that would be authorized by the permit;
J. Proof of an unexpired business license or proof of current application for business license in the city; K. Fingerprints of the owner (this is waived for CAMTC-certified owners per Government Code Section 51034 (c));
L. Such other identification and information as deemed necessary by the Permit Administrator; and M. All massage establishments must demonstrate practitioner’s liability insurance coverage in the amount of a minimum of two million dollars ($2,000,000) per event at all times when performing massage activities.
The coverage must be held in the name of the massage establishment or each massage therapist authorized to perform massage. (Ord. 4-15 § 4 (part))
4.20.065 Amendments to permit.
A. Whenever the information provided in the application for a massage establishment on file with the city changes, the operator shall file an application, provided by the Permit Administrator or his or her designee, to amend the permit to reflect such change within three business days of occurrence. The application shall be accompanied by the fee established by the city’s fee schedule.
B. An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required.
C. A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.20.140.
4.20.070 City massage establishment permit fee required.
No city massage establishment permit shall be issued hereunder until the appropriate fee has been paid. The fee for a city massage establishment shall be as established by the City Council by resolution. (Ord. 4-15 § 4 (part)) 56 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
4.20.080 Permit—Issuance or denial.
The Permit Administrator shall, within thirty (30) days after receipt of an application complying with all the provisions of this chapter, issue a permit or deliver to the applicant, personally or by mail, written notice of denial of the permit, setting forth the reason or reasons therefor, in accordance with the provisions of Section 4.20.090. (Ord. 4-15 § 4 (part))
4.20.090 Permit—Grounds for denial.
The Permit Administrator shall deny the permit if he/she finds:
A. That any informa tion contained in or submitted with the application is not true, contains material misrepresentations, or if relevant or material information is omitted from the application; or B. That the operation as proposed by the applicant would not comply with any provision of this chapter or any other ordinance or regulation of the city or any statute or regulation of the state of California; or C. That any person who would be directly engaged in the management and operation of the massage establishment has been convicted of any of the following offenses, found in violation of any of the following codes, or convicted of an offense outside of the state of California that would have constituted any of the following offenses if committed within the state of California:
1. An offense involving the use of force and violence upon the person of another that amounts to a felony.
2. An offense involving sexual misconduct or an offense involving conduct which requires registration under California Penal Code Section 290.
3. An offense as defined in California Penal Code Section 266I, 315, 316, 318, 647(b) or 653.23.
4. An o ffense involving theft or fraud related offenses.
5. A conviction under California Penal Code Section 11225 -11235 (Red Light Abatement Law)
6. A conviction of a crime designated in California Government Code Section 51032(b).
7. A conviction of any other state or federal offense involving dishonesty, fraud, deceit, violence or moral turpitude or conspiracy to commit any of the offenses designated above.
8. Any offense involving the violation of California Health and Safety Code Sections 11570-11587 (Controlled Substance Abatement).
9. Any violation of California Civil Code Sections 3479 and 3480 (Public Nuisance).
Convictions that have been expunged shall also be reported.
D. That, for any other reason, the operation as proposed would be detri mental to the public peace, health, safety, morals or welfare or to neighboring property; or
E. That the proposed name of the business for the establishment suggests that the establishment will offer or practice any service or activities proscribed under the provisions of this chapter. (Ord. 4-15 § 4 (part)) F. The proposed business has had a massage establishment revoked or suspension in the past three years pursuant to Section 4.20.045.
4.20.100 Permit—Display requirements.
Every massage establishment permit issued pursuant to the provisions of this chapter shall at all times be displayed in a conspicuous place within the massage establishment. (Ord. 4-15 § 4 (part)) 57 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
4.20.110 Revocation or suspension—Reasons.
Any city massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Permit Administrator after a hearing, where it is found by clear and convincing evidence that any of the following have occurred:
A. Finding of Violation. The person(s) to whom the city mas sage establishment permit has been issued, or any person employed or retained by the massage establishment, has been found to have violated any provision of this chapter; or California Business and Professional Code Section 4609; or B. Prohibited Conduct. The permittee, or any person employed or retained by the massage establishment, has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the state of California that is the equivalent of any of the aforesaid offenses; or C. Registration under Penal Code Section 290. The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code as a result of conduct while working in or for the massage establishment; or
D. Nuisance Injunction. The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the state of California; or E. Fraud or Misrepresentation. The permittee or any employee has engaged in fraud or misrepresentation or has knowingly made a misstatement of material fact while working in or for the massage establishment; or F. Operation during Suspension. The permittee has c ontinued to operate the massage establishment after the city massage establishment permit or establishment registration certificate has been suspended; or G. Massage without Certification. Massage has been performed on the premises, with or without the permittee’s actual knowledge, by any person who is not a duly authorized certified massage therapist; or H. Prohibited Acts. There have been one (1) or more acts prohibited under California Penal Code Section 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b) taking place on the premises, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee; or
I. Sexual Touching. The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in a patron’s position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron’s genitals, pubic area, anus, or areola; or J. Negligent Supervision. The permittee failed to provide adequate supervision of the massage establishment, resulting in a pattern of at least three (3) violations of this code or state or federal law; or(Ord. 4-15 § 4 (part)) K. Labor Violations. The owner or operator failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
4.20.120 Revocation or suspension of city massage establishment permit—Hearing procedure.
A. Written Notice Required. The Permit Administrator, before revoking or suspending any establishment registration certificate, shall conduct a hearing to determine whether the permit or certificate shall be revoked or suspended. The permittee shall be notified of the date of the hearing, and the hearing date shall be no sooner than ten (10) business days from the date of the written notice. The written notice shall be provided in the following manner:
58 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
1. Service of Notice and Order. All notices shall be posted on the property and also served upon the record owner and any tenant. A copy of the notice shall also be served on each of the following if known to the Permit Administrator or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance; the owner or holder of any lease; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the Permit Administrator to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served to relieve any such person from any duty or obligation imposed by the provisions of this section.
2. Method of S ervice. Service shall be made upon all persons entitled thereto either personally or by mailing a copy by first class U.S. mail to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the Permit Administrator. If no address of any such person appears or is known to the Permit Administrator, then a copy shall be mailed to the address of the parcel of land involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service shall be effective on the date of the mailing.
3. Proof of Service. At the time of service, each person affecting service shall complete a written declaration under penalty of perjury, which declares the time, date and manner in which service was made. The declaration shall be affixed to the copy of the notice and order retained by the Permit Administrator.
B. Hearing. The Permit Administrator may establish reasonable rules and procedures for the conduct of the hearing, provided that such rules satisfy the permittee’s due process rights under the United States and California Constitutions, and such rules need not provide the permittee an opportunity to appear before the Permit Administrator or require an in-person hearing. At the hearing, the Permit Administrator shall consider all evidence submitted. The hearing may, after being commenced within the time specified pursuant to subsection A of this section, be continued for good cause by the Permit Administrator from time to time. The Permit Administrator shall, at the conclusion of the hearing, make findings of fact based upon the evidence submitted and shall decide whether or not the permit or certificate shall be revoked or suspended.
C. Notice of Decision. The Permit Administrator’s written notice of decision shall be served on the permitte e, within thirty (30) business days of the conclusion of the hearing, in the manner provided in subsection (A)(2) of this section, and, in the case of a revocation or suspension, such notice of decision shall indicate the appeal procedures as set forth hereinafter. (Ord. 4-15 § 4 (part))
4.20.125 Denial, suspension and revocation of registration certificates.
No reapplication will be accepted within three years after a certificate is revoked.
4.20.130 Permit nontransferable.
No permit issued pursuant to the provisions of this chapter is transferable to any other person or location. (Ord. 4-15 § 4 (part))
4.20.140 Appeal procedure.
An applicant or permittee may appeal any written action or determination of the Permit Administrator under the provisions of this chapter to the City Manager pursuant to the provisions of Section 1.04.050. The effect of revocation of a permit shall be suspended by the filing of a notice of appeal until the determination of the appeal by the City Manager. (Ord. 4-15 § 4 (part))
4.20.150 Requirements—Massage establishments.
A. Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:
1. No massage establishment shall be open for bu siness between the hours of ten p.m. (10:00 p.m.) of one (1) day and seven a.m. (7:00 a.m.) of the following day. Massage begun any time before ten p.m. (10:00 p.m.) must nevertheless terminate at ten p.m. (10:00 p.m.). The hours of operation shall be displayed in a conspicuous public place in the reception area and in any front window clearly visible from outside of the massage establishment.
59 Dublin Municipal Code
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The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
2. Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.
3. Except for a patron who is inside a room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time unless they are fully clothed in garments of nontransparent material.
4. During the hours of operation, visitors shall not be permitted in massage rooms except as follows: (a) the parents or guardian of a patron who is a minor child may be present in the room with that minor child; (b) the minor child of a patron may be present in the room with the patron when necessary for the supervision of the child; and (c) the conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the room with that elderly or disabled person.
5. During the hours o f operation, patrons shall be permitted in massage rooms only if at least one (1) duly authorized certified massage therapist is present on the premises of the massage establishment.
6. A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No person employed or retained by the massage establishment shall offer to perform any services or fees other than those posted.
7. For all employees employed or retained by the massage establishment who provide massage, the following document shall be available to city staff upon inspection pursuant to Section 4.20.200: a valid certificate from the CAMTC.
8. The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.B. Physical Facility and Building and Fire Code Re quirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:
1. Front Door and Reception Area. One (1) fr ont door shall be provided for patron entry, which shall open to an interior patron reception and waiting area immediately inside the front door. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the front door.
2. Visibility. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, open or closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
3. Locks. All interior doors, including rooms or cubicles in which massage occurs, but excluding individual dressing rooms and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner rooms or cubicles.
4. Lighting. Minimum lighting equivalent to at least one (1) forty (40) watt light shall be provided in each room or cubicle in which massage is provided.
5. Tables, Mats, and Beds. A massage table shall be used for all massage, wit h the exception of “Thai,” “Shiatsu,” and similar forms of therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen (18) inches. Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes.
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The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
6. Lockers. All locker facilities th at are provided for the use of patrons shall be fully secured for the protection of the patrons’ valuables, and each patron shall be given control of the key or other means of access.
7. Building and Fire Codes. The massage establishment shall comply wi th all applicable state and local building standards (as adopted in Title 7) and the fire code (as adopted in Title 5).
C. Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:
1. Towels and Linens. The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens, and all massage tables shall be covered with a clean sheet or other clean covering for each patron. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty (140) degrees Fahrenheit for not less than fifteen (15) minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use.
2. Cleaning and Disinfecting. All rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises are open and such facilities are in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
3. Liquids, Creams, and Powders. All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.
4. Invasive Procedures. No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to: (a) application of electricity that contracts the muscle; (b) penetration of the skin by metal needles; (c) abrasion of the skin below the nonliving, epidermal layers; (d) removal of skin by means of any razor-edged instrument or other device or tool; (e) use of any needle-like instrument for the purpose of extracting skin blemishes; and (f) other similar procedures.
5. Garments Provided to Patrons. All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be laundered after each use pursuant to subsection (C)(1) of this section.
6. Combs and Brushes. All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use.
7. Footwear. No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one (1) patron, or shall be fully disinfected after each use.
8. Draping and Contact with Genitals. The patron’s genitals, pubic area, anus, and female patron’s br easts below a point immediately above the top of the areola must be fully draped at all times while any employee of the massage establishment is in the massage therapy room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals, anus, or areola of a patron.
9. Alcohol. No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment. 61 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
D. Attire and Hygiene. The following attire and physical hygiene requirements shall be applicable to all employees, and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage:
1. Garments. All persons shall wear clean and sanitary outer garments at all times. All outer garments shall be of a fully opaque, nontransparent material and provide complete covering from at least the mid-thigh to two (2) inches below the collarbone. The midriff may not be exposed.
2. Exposure. No operator, employee, or visitor shall, while on the premises of a massage establishment, and while in the presence of any patron, customer, employee or visitor, expose his or her genitals, buttocks, or chest.
3. Clean Skin. All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
E. Display of Permits and Certifications. Each person employed or retained to perform massage in or on the premises shall display on his or her person a copy of the valid photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card shall also be displayed in an open and conspicuous place visible from the entrance and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed. (Ord. 4-15 § 4 (part))
4.20.160 CAMTC certification required.
A. Massage establishments within the city shall only employ CAMTC certified massage therapists.
B. An original copy of certification as a certified massage therapist must be conspicuously posted within the massage establishment and the certification must be current for all massage therapists. The certificate holder shall have his or her identification card in his or her possession while providing massage services for compensation.
C. The certificate holder shall provide his or her full name and certificate number upon the request of a member of the public, a representative of the city, or a local government agency charged with regulating massage or massage establishments, at the location where he or she is providing massage services for compensation. (Ord. 4-15 § 4 (part))
D. The massage establishment owner/operator shall complete all registration forms provided to him/her by the Permit Administrator for each massage therapist. The owner/operator shall complete applicable forms and submit to the Permit Administrator prior to the expiration of the certification expiration, to demonstrate that the massage therapists providing service on the massage establishment’s behalf have recertified their CAMTC certification.
Such forms shall require submission of the following information:
1. The name and residence address of the massage therapist;
2. A copy of their CAMTC ID Card and CAMTC certification;
3. Height, weight, color of eyes and hair;
4. Written proof that the owner(s) is at least eighteen (18) years of age;
5. Two (2) current color portrait photographs of the applicant at least two (2) inches by two (2) inches;
6. The driver’s license number of the owner, including a copy of a driver’s license or other state issued identification card;
62 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
7. The full name, street address, and telephone number of all other business premises in which the massage therapist administers massage;
8. If applicable, any other name(s) or nicknames used by the massage therapist;
9. Primary language(s), if other than English; and (Ord. 4-15 § 4 (part))
10. Such other identification and information as deemed necessary by the Permit Administrator.
4.20.170 Employees—Age requirement.
No permittee shall employ either as a massage therapist or other employee any person under the age of eighteen (18) years. (Ord. 4-15 § 4 (part))
4.20.180 Daily register required.
Every permittee shall keep a daily register, approved as to form by the Permit Administrator, of all patrons, with names, addresses and hours of arrival and the rooms or cubicles assigned, if any. The daily register shall at all times during business hours be subject to inspection by the Permit Administrator, and shall be kept on file for one (1) year. (Ord. 4-15 § 4 (part))
4.20.190 Advertising restrictions.
No massage establishment granted a permit under the provisions of this chapter shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services described in Section 4.20.010 (“massage”), nor shall any massage establishment indicate in the text of such advertising that any service is available other than those services described in Section 4.20.010 (“massage”). (Ord. 4-15 § 4 (part)) No massage establishment shall falsely state or advertise or put out any sign or card or other device, or to falsely represent to the public through any print or electronic media, that he or she or any other individual is licensed, certified, or registered by a governmental agency as a massage therapist or massage practitioner.4.20.200 Massage establishment inspections.
A. The Permit Administr ator shall have the right to enter any massage establishment during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with provisions of this chapter.
B. The massage establishment shall take immediate action to correct each violation noted by the Permit Administrator. A re-inspection will be performed within thirty (30) business days to ensure that each violation noted by the Permit Administrator has been corrected. (Ord. 4-15 § 4 (part))
4.20.210 Massage by customer prohibited.
No customer or client of a massage establishment shall massage a massage therapist, or any other person within a massage establishment. (Ord. 4-15 § 4 (part))
4.20.220 Outcall massage services prohibited.
No person shall engage in outcall massage services. Outcall massage shall not include massage provided by any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing), or under the Chiropractic Initiative Act of 1922. (Ord. 4-15 § 4 (part))
4.20.225 Notifications.
A massage establishment shall notify the Permit Administrator of any of the following within three business days of the instance:
A. Cessation of business as a massage business or massage therapist practicing in the City of Dublin; B. Arrest of any massage establishment owner, therapist, or employee for an offense other than a misdemeanor traffic offense;
63 Dublin Municipal Code
Chapter 4.20 MASSAGE ESTABLISHMENTS AND
MASSAGE SERVICES
The Dublin Municipal Code is current through Ordinance 17-22, passed December 6, 2022.
C. Resignation, termination, or transfer of any massage practitioners employed or hired by the massage establishment;
D. Any matter or event involving the massage establishment or massage therapists, employed or working for the massage business that constitutes a violation of this chapter, state or federal law or a violation of any law which would be grounds for denial, suspension, or revocation of a massage establishment permit; E. The denial, suspension, or revocation of a massage business’s employee’s or independent contractor’s certificate issued by CAMTC.
Article III. Massage Therapists
4.20.230 City massage therapist registration—Required.
Except for any person licensed under Business and Professions Code Sections 2135 through 2139 (medicine), 2630 or 2639 (physical therapy), 2732.1, 2733 or 2742 (nursing) or under the Chiropractic Initiative Act of 1922, no person shall, in or upon any premises in the city, act in the capacity of a massage therapist without first having registered with the Permit Administrator in accordance with the provisions of this chapter. (Ord. 4-15 § 4 (part))
4.20.240 Registration procedure and requirements.
Each massage therapist will adhere to the certification rules and regulations set forth by the CAMTC.
4.20.250 Massage Therapist responsibility.
Individual massage establishment employees, agents, independent contractors, or other representatives providing services on behalf of the massage establishment may also be cited for violations pursuant to this chapter at the discretion of the Permit Administrator.
64 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Dublin Municipal Code Amendment to Section 8.84.140.I - Real Estate Directional Signs (PLPA-2023-00017)
Prepared by: Crystal De Castro, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider City-initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka “open house signs”).
Amendments are proposed to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs” to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority. On August 15, 2023, the City Council waived the first reading and introduced the Ordinance amendments. The City Council is considering waiving the second reading and adopting the proposed Ordinance.
STAFF RECOMMENDATION:
Waive the second reading and adopt the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs).
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
The City has initiated amendments to the Dublin Municipal Code (DMC) Chapter 8.84, regarding Real Estate Directional Sign (aka “open house signs”). The proposed amendment increases the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority (Attachment 1). On August 15, 2023, the City council waived the first reading and introduced the Ordinance approving the amendments. The proposed Ordinance amendment is included as Attachment 1 and further described in Attachment 2. 65
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs)
2) City Council Staff Report dated August 15, 2023, without attachments 66 Attachment 1
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 3 ORDINANCE NO. XX-23
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE SECTION 8.84.140.I (REAL ESTATE DIRECTIONAL SIGNS) EFFECTIVE CITY-WIDE
PLPA-2023-00017
The Dublin City Council does ordain as follows:
SECTION 1. RECITALS
A. The City occasionally initiates amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Zoning Ordinance remains current with federal and state law, internally consistent, simple to understand and implement, and relevant to changes occurring in the community.
B. The City has initiated amendments to the Zoning Ordinance to clarify, add, or amend certain provisions to ensure that the Dublin Municipal Code complies with State law and remains internally consistent and relevant to changes occurring in the community.
C. The proposed amendments are consistent with California Civil Code Section 713 and 712.
D. The proposed Zoning Ordinance Amendments include modifications to Dublin Municipal Code Section 8.84.140.I (Real Estate Directional Signs) to increase the number of real estate directional signs allowed, modify the allowable sidewalk clearance in conformance with the Building Code, and clarify the City’s enforcement authority.
E. The Planning Commission held a duly noticed public hearing on July 11, 2023, during which all interested persons were heard, and adopted Resolution No. 23-04 recommending City Council adoption of the proposed Zoning Ordinance Amendments.
F. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed Zoning Ordinance Amendments.
G. The City Council held a public hearing on the proposed Zoning Ordinance Amendments on August 15, 2023, at which time all interested parties had the opportunity to be heard.
H. Proper notice of said hearing was given in all respects as required by law.
I. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. 67 Attachment 1
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 3 SECTION 2. FINDINGS
A. Pursuant to Section 8.120.050.B of the Dublin Municipal Code, the City Council hereby finds that the Zoning Ordinance Amendments are consistent with the General Plan and any applicable Specific Plan in that the amendments are necessary to comply with federal and state laws and are consistent with applicable land use regulations and development policies. Specifically, General Plan Implementation Measure 10.7.4.A calls for an “update the City’s Sign Ordinance.”
SECTION 3. CEQA
A. The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council hereby finds the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.
SECTION 4.
A. The Dublin Municipal Code is amended as follows:
Section 8.84.140.I (Real Estate Directional Signs) of Title 8 of the Dublin Municipal Code is hereby amended to modify subsections 1, 2, 8 and 9 to read as follows:
1. Be limited to a maximum of six (6) open house signs for each property being advertised for sale.
2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians.
8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. to 5:30 p.m.
9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce open house signs in violation of Section 8.84.140 I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited.
68 Attachment 1
Ord. No. XX-23, Item X.X, Adopted XX/XX/23 Page 3 of 3 SECTION 5. Effective Date.
This Ordinance shall take effect and be enforced thirty (30) days following its final adoption.
SECTION 6. 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 circumstance, 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 7. Posting.
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
69 STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
Attachment 2
DATE: August 15, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT:
Dublin Municipal Code Amendment to Section 8.84.140.I “Real Estate Directional Signs” (PLPA-2023-00017)
Prepared by: Crystal De Castro, Senior Planner
EXECUTIVE SUMMARY:
The City Council will consider City-initiated amendments to the Dublin Municipal Code in response to complaints related to Real Estate Directional Signs (aka “open house signs”). The City Council will consider adopting amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs” to increase the number of open house signs allowed for each property, modify the minimum sidewalk clearance in conformance with the Building Code, require signs to be removed by 5:30 p.m., and clarify the City’s enforcement authority.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and waive the reading and INTRODUCE the Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I “Real Estate Directional Signs.”
FINANCIAL IMPACT:
None.
DESCRIPTION:
Background
Pursuant to the Dublin Municipal Code (DMC) Chapter 8.84, a Real Estate Directional Sign is a “temporary sign advertising an open house for a property listed for sale, lease, or rent.” State and federal law grants property owners, or their agents, rights to reasonably display Real Estate Directional Signs (California Civil Code Section 713 and 712). The City has exercised its right to regulate these signs to implement its interest in community aesthetics and public safety per DMC Section 8.84.140.I, as it relates to the number of signs, display times, sign size, 70
placement, and manner of placement. The current ordinance allows four open house signs per property which are permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset. The regulations also allow no more than eight open house signs at any intersection and no more than one sign per property being advertised.
Over the past year, Staff has received complaints from several real estate agents related to code violations. Complaints are generally received from agents reporting fellow agents, stating their non-compliant competitors are gaining unfair business advantage over the law- abiding agents. Other agents have expressed concern that the DMC does not allow enough signs to direct buyers to an open house that is difficult to find. Violations arise when real estate agents either do not know the details of the City regulations or choose to ignore the requirements. A vast majority of complaints are concentrated within eastern Dublin where extra signs are displayed on occasion to direct potential buyers to an open house. In addition, realtors also occasionally fail to remove signs after the allowed timeframe.
The City has made a concerted effort over the past year to bring greater awareness to Real Estate Directional Sign regulations. This has included proactive, regular enforcement on weekends, as well as education and outreach to real estate agents working within the City of Dublin. Staff has found that education and enforcement resulted in fewer violations when realtors were contacted directly. Staff has also reached out to the Bay East Association of Realtors to further education efforts. The Association provides educational programs and summarizes and publishes the City’s open house sign regulations (along with over thirty other local municipalities) on its website to serve as a resource to its members. The website can be viewed by visiting
https://bayeast.org/community-info-statistics/.
The proposed amendments to the DMC are intended to further address these concerns while balancing economic development and aesthetic interests of the community. Staff did outreach to the Bay East Association of Realtors for feedback regarding the proposed amendments. The Association was in support of these amendments.
Analysis
Staff recommends the following amendments to Section 8.84.140.I where underlined text is proposed to be added and text with a strikethrough is proposed to be deleted. The draft Ordinance with the proposed amendments is included as Attachment 1 to this Staff Report.
Proposed Amendment: Increase the number of signs allowed from four signs to six signs.
A Real Estate Directional Sign Comparison Table (Attachment 2) shows the number of open house signs allowed by each of the surrounding Tri-Valley cities vary while most of the jurisdictions require sign removal by sunset. Based on code enforcement information for Dublin, an average of six signs are typically provided by realtors when a property is difficult to find. Therefore, Staff recommends an increase to the maximum number of allowed signs.
Section 8.84.140.I.1 is proposed to be amended as follows:
71
1. Be limited to a maximum of four six (4) (6) open house signs for each property being advertised for sale.
Proposed Amendment: Modify public access width allowed to 36 inches and clarify signs are not allowed in the medians.
The minimum sidewalk clearance is changed from 32 inches to 36 inches in accordance with the Building Code. Additional text is added to clarify signs are not allowed in medians. Section
8.84.140.I.2 is proposed to be amended as follows:
2. Not be located within the public right-of-way where such signs endanger the safety of persons or property, disrupt the normal flow of vehicle or pedestrian traffic, block views of such traffic, block ingress into or egress from any residence or place of business, or restrict a sidewalk width to less than thirty-two (32) thirty-six (36) inches. Notwithstanding the above, signs may be placed in a landscaping strip between the roadway and the sidewalk. Signs are not allowed in medians.
Proposed Amendment: Clarify City authority to issue fines to enforce violation of the ordinance.
Text is added to include the City’s authority to issue fines for violations. Section 8.84.140.I.9 is proposed to be amended as follows:
9. Be subject to the City’s authority to issue fines and to assess all necessary costs for the time spent by City personnel, or its authorized agents, to remove and enforce illegally located open house signs in violation of Section 8.84.140.I. In cases of repeated violations of requirements dealing with open house signs, rights to locate new open house signs in the City shall be forfeited.
Proposed Amendment: Modify the removal time for open house signs.
At the Planning Commission meeting on July 11, 2023, public comments were raised regarding concerns with open house signs left out after the allowed timeframe. After further review and discussions with the Bay East Association of Realtors, Staff found that open houses typically end by 4:00 p.m.; therefore, Staff proposes the removal time be changed from sunset to 5:30 p.m. Section 8.84.140.I.8 is proposed to be amended as follows:
8. Be permitted on holidays, Saturdays, Sundays, and one agent tour day each week from 10:00 a.m. through sunset to 5:30 p.m.
Upon approval of the ordinance, Staff will enhance the amount of education materials/brochure on various media platforms. Staff will also provide an educational brochure along with a written warning to first time offenders, efficiently combining education and enforcement actions.
72
Consistency with General Plan, Specific Plans, and Zoning Ordinance The proposed amendments to the Dublin Municipal Code are consistent with the Dublin General Plan and all applicable Specific Plans and the Zoning Ordinance as the amendments bring greater clarity and consistency to existing zoning regulations which implement the General Plan and Specific Plans. Specifically, General Plan Goal 11.6.1 identifies that the City maintain small-business-friendly development services and Implementation Measure
11.6.1.B.3 to “implement permit/inspection process refinements: improve City procedures, as appropriate.”
Planning Commission Review
On July 11, 2023, the Planning Commission held a public hearing to consider the proposed amendments and make a recommendation to the City Council. As part of the public hearing, three members of the public provided comments, including two real estate agents and a representative from the Bay East Association of Realtors. Following the public hearing, the Planning Commission adopted Resolution No. 23-04 (Attachment 3), recommending the City Council approve the proposed amendments. The Planning Commission further recommended adding a provision to differentiate the number of signs permitted for major and residential intersections. The Sign Regulations (Section 8.84.140.I.5) currently permits no more than eight (8) open house signs at any intersection. The Planning Commission recommended modifying this provision to further limit the number of open house signs residential intersections to four signs.
The number of open house signs at intersections has not previously presented any complaints or enforcement issues and the number of signs that can be displayed at any given intersection is also preempted by requirements to provide an accessible path of travel and motorist visibility. Staff resources to enforce open house signs on weekends is limited. The proposed amendment would require additional Staff time dedicated to monitoring intersections, as well as time required to prepare maps identifying intersection types and to educate the real estate agent community about the different intersection types. Therefore, Staff does not recommend this amendment to the Sign Regulations. However, if the City Council determines this amendment is necessary, the City Council can direct Staff to include this provision in the Ordinance amending the Sign Regulations.
ENVIRONMENTAL DETERMINATION:
The California Environmental Quality Act (CEQA), together with State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed Zoning Ordinance Amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments will not have a significant effect on the environment and are not subject to CEQA review.
73
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The City Council Agenda was posted.
ATTACHMENTS:
1) Ordinance Approving Amendments to Dublin Municipal Code Section 8.84.140.I Real Estate Directional Signs
2) Real Estate Directional Sign Comparison Table
3) Planning Commission Resolution No. 23-04
4) Letter from David Stark, Bay East Association of Realtors
74 STAFF REPORT
CITY COUNCIL
Agenda Item 4.5
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Tri-Valley Haven Shelter Rebuild and Expansion Project Prepared by: Shaun Chilkotowsky, Parks & Community Services Manager EXECUTIVE SUMMARY:
The City Council will consider allocating $240,205 in available grant funds from the Community Development Block Grant (CDBG) Urban County Capital Project Pool to rebuild the Tri-Valley Haven Domestic Violence and Homeless Shelter. The project will include shelter expansion from 30 to 45 beds.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Allocation of CDBG Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project and adopt the Resolution Approving the Amendment to the Memorandum of Understanding for the Environmental Review of the CDBG-Funded Tri-Valley Haven Shelter Project.
FINANCIAL IMPACT:
The $240,205 grant is funded by the CDBG Capital Project Pool administered by Alameda County Housing and Community Development Department on behalf of Urban County cities, including Dublin. Additionally, this project is subject to the CDBG environmental regulations of the U.S.
Department of Housing and Urban Development (HUD), contained in 24 Code of Federal Regulations (CFR) Part 58. To receive the grant funding, Dublin in collaboration with the Cities of Livermore and Pleasanton, will hire an environmental consultant who will lead the effort on behalf of all three cities and the County of Alameda. The cost of the environmental consultant will be shared by the three cities, with Dublin’s share of this expense estimated at $6,540. This cost will be absorbed in the Fiscal Year 2023-24 Adopted Budget. 75
DESCRIPTION:
Background
Tri-Valley Haven’s domestic violence and homeless shelter has operated in the Tri-Valley region for over 40 years. The shelter is the only confidential domestic violence shelter in the region, and the only one that offers shelter to families with teenage boys. In recent years, Tri-Valley Haven has turned families away because the shelter is at capacity. In 2022, maintenance issues resulted in Tri-Valley Haven reducing capacity by 14 beds, so they rented a home on a temporary basis to maintain a 30-bed capacity. Tri-Valley Haven has prioritized a capital campaign to ensure shelter operations continue to meet the needs of residents of the Tri-Valley.
Project Proposal
The shelter rebuild project will include full demolition of the existing shelter and a complete rebuild on the current site. The project will also increase the shelter's capacity from 30 to 45 beds in one single-story building. The total project cost is estimated at $7.5 million, with additional temporary off-site shelter costs bringing the total to close to $8 million. Additional funding sources include Alameda County, the City of Livermore, the City of Pleasanton, Measure A, and funds from various private entities.
Alameda County Urban County CDBG Program
The City of Dublin participates in Alameda County’s Urban-County CDBG Program, along with the cities of Albany, Emeryville, Newark, and Piedmont, which are known as the “Urban County Cities,” along with the unincorporated areas of Alameda County.
Each year, Alameda County has an estimated $330,000 available in the Capital Project Pool that is available to Urban County Cities. Following receipt of Tri-Valley Haven’s request for grant funding, Dublin Staff submitted a request to Alameda County on July 1, 2023 for Fiscal Year 2023-24 CDBG capital funding. The Alameda County Urban County Technical Advisory Committee approved the request at its July 6, 2023 meeting.
The funding request will be incorporated in the annual agreement between the City of Dublin and Alameda County that covers all Human Service CDBG programs and projects. The Fiscal Year 2023-24 agreement is scheduled for approval by the Alameda County Board of Supervisors on September 15, 2023.
Environmental Review
The Tri-Valley Haven Shelter Project is subject to CDBG environmental regulations of the U.S.
Department of Housing and Urban Development (HUD), contained in 24 Code of Federal Regulations (CFR) Part 58. The City of Dublin and the County of Alameda will join an existing Memorandum of Understanding between the Cities of Livermore and Pleasanton to complete the environmental review process. The City of Livermore is the fiscal agent and will manage the contract with Raney and Associates, with the consultant completing the environmental review.
The cost, estimated at $19,630, will be shared equally among the cities of Dublin, Livermore, and Pleasanton, with each agency’s one-third share estimated at $6,540. Dublin’s cost will be absorbed within the Fiscal Year 2023-24 Adopted Budget.
76
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted, and Tri-Valley Haven was provided a web link to the Staff Report.
ATTACHMENTS:
1) Resolution Approving the Allocation of CDBG Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project
2) Resolution Approving the Amendment to Memorandum of Understanding for the Environmental Review of the CDBG-Funded Tri-Valley Haven Shelter Project 3) Exhibit A to the Resolution – Amendment to Memorandum of Understanding for the Environmental Review
4) Memorandum of Understanding Between the Cities of Livermore and Pleasanton for the Environmental Review of the CDBG-Funded Shelter Project 77 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE ALLOCATION OF CDBG FUNDING FOR THE TRI-VALLEY HAVEN
SHELTER REBUILD AND EXPANSION PROJECT
WHEREAS, the City of Dublin received a Human Services Program grant request from Tri-Valley Haven for $240,205 in CDBG Capital Funding for the rebuild and expansion of its Domestic Violence and Homeless Shelter; and
WHEREAS, on July 6, 2023, the Alameda County Urban County Technical Advisory Committee approved the City of Dublin’s request for CDBG Capital Funds to support the project; and
WHEREAS, the CDBG Capital Funding will be incorporated into the City of Dublin and Alameda County Fiscal Year 2023-24 Agreement that incorporates all CDBG funded programs and projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby take the following actions:
1. Approve $240,205 in CDBG Capital Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project; and
2. Direct Staff to work with the County of Alameda as required on the CDBG funding guidelines; and
3. Authorize the City Manager to execute agreements with the County of Alameda for use of CDBG funds and the funding agreement with Tri-Valley Haven and take such further actions as may be necessary or appropriate to carry out the City Council’s obligations pursuant to this Resolution.
{Signatures on the following page}
78 Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
79 Attachment 2
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 RESOLUTION NO. XX - 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR
ENVIRONMENTAL REVIEW OF THE CDBG-FUNDED TRI-VALLEY HAVEN SHELTER
PROJECT
WHEREAS, the City of Dublin received a Human Services Program grant request from Tri-Valley Haven for $240,205 in CDBG Capital Funding for the rebuild and expansion of its Domestic Violence and Homeless Shelter; and
WHEREAS, on July 6, 2023, the Alameda County Urban County Technical Advisory Committee approved the City of Dublin’s request for CDBG Capital Funds to support the project; and
WHEREAS, the Tri-Valley Haven shelter project is subject to the CDBG environmental regulations of the U.S. Department of Housing and Urban Development (HUD), contained in 24 Code of Federal Regulations (CFR) Part 58; and
WHEREAS, the City of Dublin desires to join an existing Memorandum of Understanding with the Cities of Livermore and Pleasanton for the completion of the environmental requirements for this project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby take the following actions:
1. Approve the Amendment to the Memorandum of Understanding for Environmental Review of the Tri-Valley Haven Shelter Project, attached hereto as Exhibit A; and
2. Authorize the City Manager to execute the Amendment and take such further actions as may be necessary or appropriate to carry out the City Council’s obligations pursuant to this Resolution.
{Signatures on the following page}
80 Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
81 Attachment 3
Amendment to MOU Page 1
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FOR ENVIRONMENTAL REVIEW LEAD AGENCY
(TRI-VALLEY HAVEN EMERGENCY SHELTER REBUILD PROJECT)
This Amendment to Memorandum of Understanding ("Amendment") is entered into this ____ day of __________ 2023 by the County of Alameda (“County”), City of Dublin (“Dublin”), City of Livermore (“Livermore”) and City of Pleasanton ("Pleasanton").
WHEREAS, Livermore and Pleasanton entered into a Memorandum of Understanding for Environmental Review Lead Agency for the Tri-Valley Haven Emergency Shelter Rebuild Project dated May 16, 2023 ("Agreement"); and
WHEREAS, the parties desire to amend the Agreement to add the County and Dublin as parties, as the County and Dublin are also providing funds for the Project.
NOW, THEREFORE, the parties agree as follows:
A. Section 1 of the Agreement is amended to add that County and Dublin shall also be cooperating agency entities.
B. Section 3 of the Agreement is amended to add that County and Dublin shall also provide necessary assistance to facilitate and ensure Livermore’s compliance with NEPA Requirements.
C. Section 4 of the Agreement is amended to provide that the cost of the NEPA consultant shall be shared equally among Dublin, Livermore, and Pleasanton.
D. Section 5 of the Agreement is amended to provide that County and Dublin shall have the same rights to terminate and amend the Memorandum of Understanding as Livermore and Pleasanton.
E. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
F. All other terms and conditions of the Agreement shall remain in full force and effect.
In witness whereof, authorized representatives of the parties have executed this Amendment as of the date first above written.
82 Attachment 3
Amendment to MOU Page 2
COUNTY OF ALAMEDA CITY OF DUBLIN
By:________________________ By:________________________ Michelle Starratt, Housing Director Linda Smith, City Manager Housing and Community Development Dept.
Date:______________________ Date:______________________ Approved as to Form: Attest:
By:________________________ By:________________________ Kathleen Hall, Deputy County Counsel Marsha Moore, City Clerk
CITY OF PLEASANTON Approved as to Form:
By:________________________ By:________________________ Gerry Beaudin, City Manager John Bakker, City Attorney Attest:
By:________________________ CITY OF LIVERMORE
Jocelyn Kwong, City Clerk
By:________________________
Approved as to Form: Marianna Marysheva, City Manager By:________________________ Attest:
Daniel Sodergren, City Attorney
By:________________________
Marie Weber, City Clerk
Approved as to Form:
By:________________________
Katherine Mirassou, Deputy City
Attorney
5418266.2
83 1
MEMORANDUM OF UNDERSTANDING
FOR E
NVIRONMENTAL REVIEW LEAD AGENCY
(TRI-VALLEY HAVEN EMERGENCY SHELTER REBUILD PROJECT)
THIS MEMORANDUM OF UNDERSTANDING is entered into this ____ day of _______________ 2023, between the City of Livermore, a municipal corporation and the City of Pleasanton, a municipal corporation.
WHEREAS the City of Livermore and City of Pleasanton cooperate in performing environmental reviews within the city limits of Livermore for Federally funded or assisted projects in accordance with the National Environmental Policy Act, 24 CFR Part 58 and the related laws and authorities listed at Sections 58.5 and 58.6 (“NEPA Requirements”);
WHEREAS the City of Livermore and City of Pleasanton are both providing Community Development Block Grant (CDBG) funds in the amounts of $483,846 and $250,000, respectively, for a proposed demolition and rebuilding of Tri Valley Haven’s Emergency Shelter at a confidential location in Livermore, CA 94550 (“Project”); and WHEREAS the parties desire to establish the role and responsibilities of lead agency and cooperating agency with respect to NEPA Requirements for this Project; NOW, THEREFORE, the parties hereby agree as follows:
1. Lead Agency/Cooperating Agency. City of Livermore shall be the lead agency and the City of Pleasanton shall be the cooperating agency entity with respect to the environmental review , decision-making and action responsibilities pursuant to the National Environmental Policy Act, 24 CFR Part 58 and the related laws and authorities listed at Sections 58.5 and 58.6.
2. Lead Agency Responsibilities. City of Livermore shall take lead responsibility for assessing and resolving environmental impacts on the Project solely with respect to NEPA Requirements.
3. Cooperating Agency Responsibilities. City of Pleasanton shall provide all necessary assistance to facilitate and ensure City of Livermore’s compliance with NEPA Requirements.
4. Consultant Costs. The City of Livermore and the City of Pleasanton shall equally share the cost for any NEPA consultant associated with the Project.
5. Termination; Amendments. City of Livermore or City of Pleasanton may end or terminate this Memorandum of Understanding at any time with prior written notice. This Memorandum of Understanding may be amended from time to time by written agreement by City of Livermore and the City of Pleasanton. "%
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Attachment 4
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84 2
6. Counterparts; Contract Execution. This Memorandum of Understanding may be executed in one or more counterparts, which together shall constitute one and the same instrument. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed in original ink signature. The term “electronic copy of a signed contract ” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City of Livermore.
IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be made on the date above written.
****************************************************************************************************
SIGNATURES ON THE NEXT PAGE
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85 3
In concurrence and witness whereof, and in recognition of the mutual consideration provided therefore, the parties have caused this Memorandum of Understanding to be executed on the date first written above.
CITY OF PLEASANTON,
a Municipal Corporation
BY: ___________________________ DATED: _______________ Gerry Beaudin
City Manager
APPROVED AS TO FORM:
______________________________
ASSISTANT/CITY ATTORNEY
CITY OF LIVERMORE,
a Municipal Corporation
BY: __________________________ DATED: _______________ Marianna Marysheva
City Manager
APPROVED AS TO FORM:
______________________________
ASSISTANT/CITY ATTORNEY
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86 STAFF REPORT
CITY COUNCIL
Agenda Item 4.6
DATE: September 5, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
Prepared by: Rhonda Franklin, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Strategic Economics, Inc. for an update to the Economic Development Strategy and General Plan Economic Development Element.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element and approve a budget change.
FINANCIAL IMPACT:
The proposed compensation for the project is $200,000, which includes an approximate 10% contingency. The Fiscal Year 2023-24 Adopted Budget included $180,000 in funding for this project. Approval of the agreement and contingency will require a budget adjustment of $20,000 from the General Fund Unassigned Reserve, as identified in Attachment 5.
DESCRIPTION:
The Economic Development Strategy was created and approved in 2012. Since that time, the City has focused on improving undeveloped lands and revitalizing existing developed areas and transit-oriented development around the Dublin/Pleasanton Bay Area Rapid Transit (BART) Station and the West Dublin BART Station in the Downtown. The City has also seen continued residential development activity consistent with its plans, increasing from approximately 18,537 residential units to more than 25,000 residential units in the last 10 years, thus increasing the population.
This growth, along with the recent shifts in the economic climate, the rise of fast-growing industries, and changes in business operations warrants a review of and update to the City’s 87
current Economic Development Strategy and the Economic Development Element of the General Plan.
In April 2023, Staff issued a Request for Proposals (RFP) for the needed updates (Attachment 3) to identify firms with the necessary background, experience, track record of success, and ensure that the cost for services is competitive. The RFP was posted on the City’s website and sent to known firms that provide such services. The City received six proposals which were reviewed and ranked by an interdepartmental evaluation committee including staff from Economic Development, Community Development, and Parks and Community Services.
The committee interviewed four of the six firms in July 2023. The interviews consisted of a presentation by each firm regarding their capabilities and experience, case studies with other cities, as well as a discussion of their knowledge of Dublin and the Tri-Valley region.
After interviewing the firms, Staff is recommending the services of Strategic Economics, Inc. to update the City’s Economic Development Strategy and General Plan Economic Development Element. Strategic Economics has extensive experience in creating quality economic development strategic plans and related documents for local and regional governments and agencies. They have recently completed similar projects for several Bay Area cities, including Milpitas, Santa Cruz, Culver City, Alameda, Cupertino, Pleasanton, and San Jose. They bring complimentary expertise in disciplines including economics, urban planning, public policy and finance, and real estate development.
If the City Council approves the Agreement, Staff will begin work with Strategic Economics in late September 2023. The project is estimated to take approximately 10 months to complete, with a deliverable date likely in mid-2024.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
2) Exhibit A to the Resolution – Strategic Economics, Inc. Agreement 3) Request for Proposal – Economic Development Strategy and General Plan Economic Development Element
4) Strategic Economics, Inc. Proposal
5) Budget Change Form
88 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH STRATEGIC ECONOMICS, INC. FOR ECONOMIC
DEVELOPMENT STRATEGY AND GENERAL PLAN ECONOMIC DEVELOPMENT
ELEMENT
WHEREAS, on November 6, 2012, the City Council adopted the City of Dublin Economic Development Strategy; and
WHEREAS, since the Economic Development Strategy was adopted there have been significant changes in the City’s population, business operations and employment activity, industry types and growth, and overall economic climate; and WHEREAS, Staff has determined that these changes warrant an update to the Economic Development Strategy and General Plan Economic Development Element in order to re- evaluate and re-confirm the City’s economic development focus and priorities; and WHEREAS, in April 2023, Staff issued a Request for Proposals (RFP) for an update to the Economic Development Strategy and General Plan Economic Development Element; and WHEREAS, the City received six responses to the RFP; and WHEREAS, Staff reviewed and evaluated the proposals in accordance with the RFP rating process and interviewed four firms; and
WHEREAS, the City desires to enter into an Agreement with Strategic Economics, Inc. for a not-to-exceed amount of $180,025 with a term ending on December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Strategic Economics, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to execute an Agreement with Strategic Economics, Inc. for a compensation amount of $180,025 plus a contingency amount of approximately ten percent for a total project cost not to exceed $200,000.
BE IT FURTHER RESOLVED that the City Manager is authorized to enter into amendments to the Agreement to use the contingency amount and include any necessary, non- substantive changes to carry out the intent of this Resolution, as deemed appropriate by the City Manager.
89 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 5th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
90 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
CONSUL TING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
STRATEGIC ECONOMICS, INC.
FOR
ECONOMIC DEVELOPMENT STRATEGY AND
GENERAL PLAN ECONOMIC DEVELOPMENT ELEMENT
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and Strategic Economics, Inc. ("Consultant") (together sometimes referred to as the "Parties") as of September 5, 2023 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2024 the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $180,025 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
Attachment 2
91 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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;
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
92 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
2.2 2.3
2.4 2.5
2.6 2.7
2.8 2.9
■ 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.
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.
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.
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.
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.
DELETED.
Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
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.
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.
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
93 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
94 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
4.2 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including 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, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
95 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
4.3 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.
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 renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
09/5/2023
96 DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
4.4 4.5
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
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.
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.
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 Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
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■ 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.
6.1 6.2
Section 7.
7.1 STATUS OF CONSULTANT.
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.
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.
LEGAL REQUIREMENTS.
Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 7.3
7.4 7.5
Section 8.
8.1 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.
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.
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.
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.
TERMINATION AND MODIFICATION.
Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
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8.2 8.3
8.4 8.5
8.6 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.
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.
Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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.
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.
Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
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DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA 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.
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 Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
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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.
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.
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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:
Strategic Economics, Inc.
c/o Derek W. Brawn, Principal
2991 Shattuck Avenue, Suite 203
Berkeley, CA 94705
[email protected]
Any written notice to City shall be sent to:
City of Dublin
Office of Economic Development
c/o Hazel Wetherford
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
Exhibit B
Exhibit C
Scope of Services
Compensation Schedule & Reimbursable Expenses
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 signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
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DocuSign Envelope ID: F225O1C8-6DA9-4O72-846C-BB590F9562EA 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
Linda Smith, City Manager
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
STRATEGIC ECONOMICS, INC.
Derek W. Braun, Principal
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EXHIBIT A
SCOPE OF SERVICES
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
Last revised 09/5/2023
Exhibit A - Page 1 of 11
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element
SCOPE OF WORK
Strategic Economics proposes the following scope of work to complete the Dublin Economic Development Strategy and Economic Development Element project. All “Schedule” dates assume that the project begins on approximately August 1 st. Strategic Economics will adjust the schedule based on the actual project start date.
TASK 1: PROJECT KICKOFF AND MANAGEMENT
SUBTASK 1.1: REQUEST AND REVIEW OF EXISTING DATA AND MATERIALS Prior to the kickoff meeting, the Strategic Economics team will review background materials and work completed to date as listed in the RFP, including the existing council priorities, Economic Development Strategy and Element, Downtown Dublin Preferred Vision and Specific Plan, and Fallon Road Economic Development Zone incentives. Strategic Economics will also request relevant data from the City, including GIS shape files, business license data, transient occupancy tax data, sales tax data, recently completed market studies and other analyses, development projects information, currently tracked real estate data, etc.
OUTPUT: D ATA AND DOCUMENT REQUESTS
SCHEDULE: F IRST 2 WEEKS OF AUGUST
COST: $2,305
SUBTASK 1.2: KICKOFF MEETING AND SITE VISIT
Strategic Economics, Greensfelder Real Estate Strategy (GRES), and Tawni Sullivan will attend an in-person project initiation meeting with City staff to review the scope of work, schedule of deliverables, and outreach meetings/process . The team will finalize the project sequencing and schedule through this discussion with City staff. After the meeting, the team will tour the city with City staff, with a special focus on Downtown, major shopping centers, major employment centers, and areas of development activity. City staff are assumed to determine the route and arrange transportation if necessary.
O
UTPUT: K ICKOFF MEETING AGENDA
SCHEDULE: F IRST WEEK OF AUGUST
COST: $5,100
SUBTASK 1.3: PROJECT MANAGEMENT AND COMMUNICATION
Strategic Economics staff and other consultant team members will participate in bi -weekly check-in calls with City staff (as necessary) to share project updates and findings, and to coordinate on issues such as data collection, outreach to stakeholders, project schedule, and preparation/review of findings and deliverables.
Exhibit A - Page 2 of 11 106
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: C HECK-IN CALL AGENDAS
SCHEDULE: O NGOING THROUGHOUT PROJECT LIFE
COST: $3,050
TASK 2: ECONOMIC AND MARKET CONDITIONS AND OPPORTUNITIES ANALYSIS SUBTASK 2.1: WORKFORCE, DEMOGRAPHICS, AND MAJOR INDUSTRIES ANALYSIS Building on the 2012 Economic Development Strategy, stated council priorities, and our more recent work examining the East Bay and Tri -Valley economies, Strategic Economics will conduct an analysis of Dublin’s significant industry sectors to gain an understanding of the performance of the City’s industries. Strategic Economics will selectively analyze employment, industry, and business trends by examining local and regional trends and projections using a combination of California Employment Development Data (to be obtained by the City if possible, with the City responsible for associated costs charged by EDD), and/or City business license data (if available), and/or alternative sources such as JobsEQ data provided by the City’s partners, and regional employment projections. These analyses will identify the city’s strengths to gain an understanding of the types, composition, and performance of industries in Dublin. The task will also provide insights into Dublin’s specific strengths and weakne sses relative to the region.
In order to connect these industry projections with local workforce conditions and demographics, Strategic Economics will analyze demographic and household characteristics of the Dublin population and workforce compared to the Tri-Valley area and the East Bay as a whole. We will also use U.S. Census LEHD data to examine commute patterns of residents and workers in Dublin.
The findings of these analyses will also be combined with the Commercial Real Estate Analysis subtask to describe the space needs for future business growth in Dublin, including the types of buildings, spaces, land uses, and developable land required to meet these needs.
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UTPUT: D ATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: A UGUST THROUGH NOVEMBER
COST: $12,580
SUBTASK 2.2: COMMERCIAL REAL ESTATE MARKET ANALYSIS
In order to assess life science, office, and industrial tenanting opportunities and retail market conditions, Strategic Economics will combine the findings of the employment analysis with an assessment of market conditions and positioning of these uses in Dublin. Based on market and building-level data obtained via CoStar and local broker reports, Strategic Economics will examine Dublin’s competitive performance versus the surrounding market area, development Exhibit A - Page 3 of 11 107
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element activity, building types and conditions, and current major vacancies. This data analysis will be supplemented by interviews with area brokers to understand tenant attraction challenges and opportunities, both generally and for specific locations, development opportunity sites, and any major vacancies. Findings will include a focus on the alignment or misalignment of existing building stock and greenfield/infill development opportunities versus the needs of businesses in growing and expanding industry sectors. The analysis will include a particular focus on life science development opportunities, with advising by Tawni Sullivan.
Finally, Strategic Economics will evaluate the performance and economic contribution of Dublin’s hotels through analysis of quantitative data such as market reports and transient occupancy tax revenues (provided by the City), and will conduct interviews with hotel operators.
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UTPUT: D ATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: A UGUST THROUGH NOVEMBER
COST: $14,590
SUBTASK 2.3: RETAIL ANALYSIS, INCLUDING CELL PHONE DATA ANALYSIS GRES, with support from Strategic Economics, will complete an in -depth retail analysis, evaluating on -the-ground local conditions and applying broader retail trends to identify opportunities and recommend strategies to support the occupancy and health of Dublin’s retail-based businesses retail districts, shopping centers, and emerging mixed -use projects.
Tasks will include:
• A citywide inventory of retail space, including analysis of CoStar data provided by Strategic Economics which will be verified through fieldwork observations; • Identification of strengths and weaknesses for major retail centers and commercial districts;
• Identification of major chain or “brand retailers” that are doing well versus those that are at risk of closure;
• A retail gap and void sales tax leakage analysis to identify retail opportunities, based on sales tax and taxable sales data obtained by Strategic Economics via the City of Dublin and the California Department of Tax and Fee Administration; • A summary of barriers and threats for Dublin’s retailers and retail market; • Recommendations for actions and policies to address barriers, attract and retain neighborhood retailers and reduce vacancies, activate marginal and vacant storefronts, and reposition major shopping centers in the City for re -tenanting or redevelopment into new uses or formats.
GRES will also obtain and analyze cell phone data that can show, among other things, the catchment from which various commercial/retail areas in the City draws customers.
Identifying and confirming these traffic patterns can be helpful in developing strategies for Exhibit A - Page 4 of 11 108
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element capturing "on my route" trips as well as for widening the catchment from which an area draws. In addition, obtaining data from which other key projects such as City Center in San Ramon or the Livermore Premium Outlets can help us establish the traffic patterns benefitting competing destinations, and develop strategies to attract businesses and shoppers that will make Dublin a more frequent destination. This work can be leveraged by Economic Development as part of a business attraction study, and our deliverable will outline ways this might be done.
O
UTPUT: D ATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: A UGUST THROUGH NOVEMBER
COST: $22,300
SUBTASK 2.4: SUBAREA ASSESSMENTS
Strategic Economics will profile and provide analysis of areas with significant current or planned concentrations of employment and business activity in Dublin. The analysis will examine:
• Subarea job locations and industry mix through mapping of major industry sectors. • Building inventory through analysis of subarea commercial real estate data from CoStar.
• Stakeholder input regarding subarea trends, issues, and opportunities, gleaned from interviews with area brokers and stakeholders as part of the engagement activities. • Assessment of retail and life science challenges and opportunities by GRES and Tawni Sullivan.
The results of these subarea analyses will then be used to identify the economic development opportunities represented at each area, and used to inform place -specific strategies and actions in the Economic Development Strategy and the goals, policies, and implementation measures in the Economic Development Element.
OUTPUT: D ATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: O CTOBER THROUGH NOVEMBER
COST: $6,450
SUBTASK 2.5: SWOT SUMMARY
Based on the findings of subtasks 2.1 through 2.4, as well as the qualitative input received through stakeholder engagement activities in Task 6, the Strategic Economics team will develop a summary of strengths, weaknesses, opportunities, and threats (“SWOT”) for Exhibit A - Page 5 of 11 109
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element attracting, retaining, and growing different categories of businesses in Dublin that will maintain the City’s long-term economic health.
The SWOT will differentiate findings relevant to the shorter term strategy versus longer term Economic Development Element, and will include preliminary high-level recommendations for addressing challenges and leveraging opportunities. The SWOT will include relevant data as necessary to explain the findings, although the full write -up of the technical analyses will ultimately be provided as part of the Economic Development Strategy itself.
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UTPUT: SWOT SUMMARY (ADMIN DRAFT AND FINAL DRAFT)
SCHEDULE: L ATE-OCTOBER THROUGH NOVEMBER
COST: $7,465
TASK 3: PRELIMINARY RECOMMENDATIONS AND DOCUMENT FRAMEWORKS The Strategic Economics team will prepare draft document frameworks for the Economic Development Strategy and the Economic Development Element. The frameworks are intended as a means of efficiently vetting and refining recommendations for the Economic Development Strategy and Economic Development Element prior to authoring the comprehensive documents (and/or while background content is being authored for the strategy). The frameworks will be used to receive and incorporate guidance by City stakeholders, staff, and decision makers. The respective frameworks will be designed for simultaneous review in order to illustrate connections between shorter term strategies and longer term policies.
S
UBTASK 3.1: ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial document outline for review by City staff that includes potential goals, objectives, strategies, priorities, illustrative examples of implementation actions, and potential performance indicators for inclusion in the Economic Development Strategy. Two drafts of the framework will be provided.
OUTPUT: T WO ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS SCHEDULE: L ATE-NOVEMBER THROUGH MID-JANUARY
COST: $7,785
Exhibit A - Page 6 of 11 110
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element SUBTASK 3.2: ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial do cument outline for review by City staff that includes potential goals, policies, and corresponding preliminary examples of implementation programs for inclusion in the Economic Development Strategy.
Two drafts of the framework will be provided.
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UTPUT: T WO ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS (8 HARDCOPIES AND 1 ELECT
RONIC COPY OF EACH DRAFT)
SCHEDULE: L ATE-NOVEMBER THROUGH MID-JANUARY
COST: $8,095
TASK 4: ECONOMIC DEVELOPMENT STRATEGY
SUBTASK 4.1: ECONOMIC DEVELOPMENT STRATEGY ADMIN DRAFTS 1-3 Based on feedback on the document framework from city community members, decision makers, and staff, Strategic Economics will prepare an Administrative Draft of the Economic Development Strategy with an implementation work plan matrix that describes implementation actions, responsibilities, timing, and metrics for measuring progress.
The strategy will describe relevant economic context, projections, indicators, SWOT findings, goals, objectives, and the strategies, tools and partnerships necessary to support Dublin’s economic vitality and encourage commercial development at infill and greenfield opportunity sites. The strategy will also include review of the successes achieved under the previous strategy, and description of how and why this strategy differs while building on the prior strategy’s successes. The strategy will incorporate subarea -focused strategies related to places with significant economic and business activity or planned growth in Dublin, including Downtown Dublin and the Fallon East Economic Development Zone.
Strategic Economics will provide up to three total administrative drafts of the strategy in response to clear and comprehensive City staff direction on each draft.
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UTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: M ID-JANUARY THROUGH MID-MARCH
COST: $17,285
SUBTASK 4.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT STRATEGY Upon staff review and feedback on the administrative drafts of the Economic Development Strategy, Strategic Economics will provide a Public Draft for review and comment by community stakeholders and the City Council. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session.
Exhibit A - Page 7 of 11 111
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: P UBLIC DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: L ATE-MARCH THROUGH EARLY-APRIL
COST: $2,925
SUBTASK 4.3: FINAL DRAFT ECONOMIC DEVELOPMENT STRATEGY
Based on input received on the Public Draft strategy Strategic Economics will make final revisions and provide a Final Draft for potential adoption by the Dublin City Council.
OUTPUT: F INAL DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: L ATE-APRIL THROUGH LATE-MAY
COST: $2,925
TASK 5: ECONOMIC DEVELOPMENT ELEMENT
SUBTASK 5.1: ECONOMIC DEVELOPMENT ELEMENT ADMIN DRAFTS 1-3 Concurrent with preparation and staf f reviews of the Economic Development Strategy, Strategic Economics will also prepare and provide up to three admin drafts of the Economic Development Element. The element will provide relevant background information, with a focus on longer -term considerat ions such as major fixed economic development assets (infrastructure and location attributes), anchors (institutions), broader industry trends, and development and redevelopment opportunities. The element will include goals, policies, implementation progra ms, and implementation phasi ng. The admin drafts will incorporate illustrative and informative proposed graphics, exhibits, and photographs (with any photographs to be provided by the City of Dublin). The language and format of the element will be designed to maintain consistency with other General Plan elements and their contents.
Up to three administrative drafts will be provided, incorporating subsequent rounds of clear and comprehensive City staff direction on each draft.
O
UTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY OF EACH DRAFT)
SCHEDULE: M ID-JANUARY THROUGH MID-MARCH
COST: $12,695
SUBTASK 5.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT
Upon staff review and feedback on the Administrative Drafts, Strategic Economics will revise and provide a Public Draft for review by the City Council and community stakeholders. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session.
Exhibit A - Page 8 of 11 112
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element OUTPUT: P UBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY) SCHEDULE: L ATE-MARCH THROUGH EARLY-APRIL
COST: $2,290
SUBTASK 5.3: FINAL DRAFT ECONOMIC DEVELOPMENT ELEMENT
Based on input received on the Public Draft element, Strategic Economics will make final revisions and provide a Final Draft for potential adoption by the Dublin City Council.
OUTPUT: F INAL DRAFT ECONOMIC DEVELOPMENT ELEMENT (40 HARDCOPIES, 1 PHOTO READY COPY, 1 ELECT
RONIC COPY)
SCHEDULE: L ATE-APRIL THROUGH LATE-MAY
COST: $2,390
TASK 6: STAKEHOLDER AND DECISION MAKER ENGAGEMENT
The Strategic Economics team proposes a robust stakeholder and decision maker engagement process. Activities include regular check-ins with City staff, focus group meetings with groups representing different industries and business interests, general community workshops, and meetings and study sessions with the City Council and potentially the Planning Commission. The engagement process is designed to meet the needs of the Economic Development Strategy Update and Economic Development Element simultaneously.
S
UBTASK 6.1: PROGRESS MEETINGS WITH CITY STAFF
The Strategic Economics team will conduct virtual meetings with City staff on a bi-weekly basis as needed. These meetings will be used to coordinate schedule and activities, plan upcoming events and meetings, share interim results and findings, and discuss staff input and feedback on work products.
O
UTPUT: M EETING AGENDAS AND NOTES
SCHEDULE: T HROUGHOUT PROJECT LIFE
COST: $3,770
SUBTASK 6.2: INDUSTRY AND STAKEHOLDER FOCUS GROUP WORKSHOP MEETINGS Strategic Economics will facilitate a series of up to six in -person (if clustered on one or two specific days) or virtual stakeholder group meetings. The stakeholders will be defined in close coordination with City s taff, but could potentially include: representatives of key industries such as retail/restaurants, advanced manufacturing, and life science; leadership and members of the Chamber of Commerce, brokers and developers, and City staff. In addition to Exhibit A - Page 9 of 11 113
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element gathering qu alitative information and answering key questions raised in the RFP , the stakeholder groups will help to build support for the Economic Development Strategy and Element and achieve “buy-in” from community leaders. Members of the Strategic Economics team wi ll facilitate each of the meetings (as appropriate based on areas of expertise) , formulating specific topics and questions with the goal of gathering required information and generating ideas for potential strategies. It is assumed that City staff will con tact all stakeholders to schedule and coordinate the meetings.
OUTPUT: M EETING AGENDAS AND NOTES
SCHEDULE: M ID-AUGUST THROUGH MID-SEPTEMBER
COST: $12,345
SUBTASK 6.3: COMMUNITY WORKSHOPS AND SUMMARIES
The SE team will prepare for and execute up to two (2) community workshops to discuss topics related to the economic development strategy and element. These workshops are currently envisioned to occur in person, but can also be occur virtually. The first workshop will focus on general community priorities, vision, and areas of interest. The second workshop will be used to vet the contents of the Economic Development Strategy and Element. Both workshops will include a targeted outreach effort to property owners, managers, developers, and residents to receive their input. Workshop responsibilities include:
• Strategic Economics will work with the project team to prepare an overall purpose, approach, objective and anticipated outcome of the community workshops. • Strategic Economics will prepare meeting materials including agendas, sign -in sheets and assist with interactive activities.
• Strategic Economics will facilitate the workshops, with additional facilitation support by City staff.
• City staff will coordinate meeting location logistics (e.g., room, seating, a/v equipment, refreshments) and send invitations.
• Strategic Economics will assist with meeting logistics including room set up and break- down.
• Strategic Economics will prepare summary notes.
O
UTPUT: W ORKSHOP AGENDAS, MATERIALS, AND SUMMARY NOTES
SCHEDULE: M ID-OCTOBER AND MID-JANUARY
COST: $15,210
SUBTASK 6.5: BOARD MEETINGS AND STUDY SESSIONS
Strategic Economics will prepare for, attend, and facilitate up to three “board” meetings or study sessions to inform the development of the Economic Development Strategy and Exhibit A - Page 10 of 11 114
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element Element (GRES will attend one meeting). The meetings may include City Council or Planning Commission hearings. Strategic Economics will work with City staff to determine, based on project needs, whether to schedule study sessions or include project topics as a regular meeting calendar item. A first meeting could occur as the analytical tasks are concluded and will be used to report findings, refine vision, priorities, and areas of concern/interest, and gather feedback on preliminary recommendations. Another meeting could be used to gather direction on the public draft economic development strategy and element documents.
O
UTPUT: R EVIEW OF STAFF REPORTS, MEETING AGENDAS, MEETING SLIDES, MEETING NOTES SCHEDULE: M ID- TO LATE-NOVEMBER (TENTATIVE), MID-APRIL (TENTATIVE) COST: $13,720
Exhibit A - Page 11 of 11 115
DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
Last revised 09/5/2023
Exhibit B - Page 1 of 4
116
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element
FEE SCHEDULE
We propose a total revised budget of $180,025 to prepare the Dublin Economic Development Strategy and Economic Development Element. The following pages show the comprehensive budget and each firm’s billing rates by staff and hours and budget by task.
FIGURE 1: FULL PROJECT BUDGET (INCLUSIVE OF ALL FIRMS AND EXPENSES) Task # Description
Total
Time Total Amount
Hours Dollars
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 11 $2,305
1.2 Kickoff Meeting and Site Visit 20 $5,100
1.3 Project Management and Communication 12 $3,050
Sub Total - Task 1 43 $10,455
Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 83 $12,580
2.2 Commercial Real Estate Market Analysis 89 $14,590
2.3 Retail Analysis, Including Cell Phone Data Analysis 88 $22,300
2.4 Subarea Assessments 42 $6,450
2.5 SWOT Summary 44 $7,465
Sub Total - Task 2 346 $63,385
Task 3 Preliminary Recommendations & Document Frameworks
3.1 Economic Development Strategy Framework Drafts 42 $7,785
3.2 Economic Development Element Framework Drafts 43 $8,095 Sub Total - Task 3 85 $15,880
Task 4 Economic Development Strategy
4.1 Admin Drafts 1-3 102 $17,285
4.2 Public Draft 15 $2,925
4.3 Final Draft 15 $2,925
Sub Total - Task 4 132 $23,135
Task 5 Economic Development Element
5.1 Admin Drafts 1-3 72 $12,695
5.2 Public Draft 12 $2,290
5.3 Final Draft 12 $2,390
Sub Total - Task 5 96 $17,375
Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 17 $3,770
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 55 $12,345
6.3 Community Workshops and Summaries (2) 92 $15,210
6.4 Board Meetings or Study Sessions (3) 68 $13,720
Sub Total - Task 6 232 $45,045
Sub Total - Labor 934 $175,275
Other Direct Costs
Travel Expenses $600
Data $3,200
Workshop Materials $800
Deliverables Printing and Other Miscellaneous $150
$0
Sub Total - Other Direct Costs $4,750
GRAND TOTAL 934 $180,025
Exhibit B - Page 2 of 4 117
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element FIGURE 2: HOURS, BILLING RATES, AND BUDGET FOR STRATEGIC ECONOMICS Task # Description
TOTAL
HRS
TOTAL
AMOUNT
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 2 $470 0 $0 5 $750 1 $115 8 $1,335
1.2 Kickoff Meeting and Site Visit 5 $1,175 0 $0 5 $750 0 $0 10 $1,925
1.3 Project Management and Communication 6 $1,410 0 $0 2 $300 0 $0 8 $1,710 Sub Total - Task 1 13 $3,055 0 $0 12 $1,800 1 $115 26 $4,970 Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980
2.2 Commercial Real Estate Market Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980
2.3 Retail Analysis, Including Cell Phone Data Analysis 4 $940 0 $0 20 $3,000 14 $1,610 38 $5,550
2.4 Subarea Assessments 4 $940 0 $0 20 $3,000 16 $1,840 40 $5,780
2.5 SWOT Summary 6 $1,410 1 $310 30 $4,500 5 $575 42 $6,795 Sub Total - Task 2 26 $6,110 3 $930 170 $25,500 83 $9,545 282 $42,085 Task 3 Preliminary Recommendations & Document Frameworks
3.1 Economic Development Strategy Framework Drafts 7 $1,645 0 $0 30 $4,500 0 $0 37 $6,145
3.2 Economic Development Element Framework Drafts 7 $1,645 1 $310 30 $4,500 0 $0 38 $6,455 Sub Total - Task 3 14 $3,290 1 $310 60 $9,000 0 $0 75 $12,600 Task 4 Economic Development Strategy
4.1 Admin Drafts 1-3 18 $4,230 1 $310 60 $9,000 18 $2,070 97 $15,610
4.2 Public Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255
4.3 Final Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255
Sub Total - Task 4 26 $6,110 1 $310 76 $11,400 20 $2,300 123 $20,120 Task 5 Economic Development Element
5.1 Admin Drafts 1-3 12 $2,820 1 $310 48 $7,200 6 $690 67 $11,020
5.2 Public Draft 4 $940 0 $0 6 $900 1 $115 11 $1,955
5.3 Final Draft 3 $705 0 $0 6 $900 1 $115 10 $1,720
Sub Total - Task 5 19 $4,465 1 $310 60 $9,000 8 $920 88 $14,695 Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 10 $2,350 0 $0 5 $750 0 $0 15 $3,100
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 15 $3,525 0 $0 24 $3,600 0 $0 39 $7,125
6.3 Community Workshops and Summaries (2) 24 $5,640 0 $0 50 $7,500 18 $2,070 92 $15,210
6.4 Board Meetings or Study Sessions (3) 24 $5,640 0 $0 36 $5,400 0 $0 60 $11,040 Sub Total - Task 6 73 $17,155 0 $0 115 $17,250 18 $2,070 206 $36,475 Sub Total - Labor 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $130,945 Other Direct Costs
Travel Expenses $400
Data $1,000
Workshop Materials $800
Deliverables Printing and Other Miscellaneous $150
Sub Total - Other Direct Costs $2,350
GRAND TOTAL 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $133,295
STRATEGIC ECONOMICS BILLING RATES, HOURS, AND BUDGET
Derek Braun,
Principal-in-
Charge
Dena
Belzer,
Project
Advisor
Arpita Banerjee,
Associate
Gus Stephens,
Research
Analyst
$235 $310 $150 $115
Exhibit B - Page 3 of 4 118
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element FIGURE 3: HOURS, BILLING RATES, AND BUDGET FOR GRES AND TAWNI SULLIVAN Task # Description
TOTAL
HRS
TOTAL
AMOUNT
TOTAL
HRS
TOTAL
AMOUNT
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 2 $670 1 $300
1.2 Kickoff Meeting and Site Visit 5 $1,675 5 $1,500
1.3 Project Management and Communication 4 $1,340 0 $0
Sub Total - Task 1 11 $3,685 6 $1,800
Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 0 $0 2 $600
2.2 Commercial Real Estate Market Analysis 6 $2,010 2 $600
2.3 Retail Analysis, Including Cell Phone Data Analysis 50 $16,750 0 $0
2.4 Subarea Assessments 2 $670 0 $0
2.5 SWOT Summary 2 $670 0 $0
Sub Total - Task 2 60 $20,100 4 $1,200
Task 3 Preliminary Recommendations & Document Frameworks .
3.1 Economic Development Strategy Framework Drafts 4 $1,340 1 $300
3.2 Economic Development Element Framework Drafts 4 $1,340 1 $300 Sub Total - Task 3 8 $2,680 2 $600
Task 4 Economic Development Strategy .
4.1 Admin Drafts 1-3 5 $1,675 0 $0
4.2 Public Draft 2 $670 0 $0
4.3 Final Draft 2 $670 0 $0
Sub Total - Task 4 9 $3,015 0 $0
Task 5 Economic Development Element
5.1 Admin Drafts 1-3 5 $1,675 0 $0
5.2 Public Draft 1 $335 0 $0
5.3 Final Draft 2 $670 0 $0
Sub Total - Task 5 8 $2,680 0 $0
Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 2 $670 0 $0
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 12 $4,020 4 $1,200
6.3 Community Workshops and Summaries (2) 0 $0 0 $0
6.4 Board Meetings or Study Sessions (3) 8 $2,680 0 $0
Sub Total - Task 6 22 $7,370 4 $1,200
Sub Total - Labor 118 $39,530 16 $4,800
Other Direct Costs
Travel Expenses $100 $100
Data $2,200
Workshop Materials $0
Deliverables Printing and Other Miscellaneous $0
Sub Total - Other Direct Costs $2,300 $100
GRAND TOTAL 118 $41,830 16 $4,900
GREENSFELDER REAL
ESTATE STRATEGY TAWNI SULLIVAN
Exhibit B - Page 4 of 4 119
DocuSign Envelope ID: F225D1C8-6DA9-4D72-846C-BB590F9562EA
EXHIBITC
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant's work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant's services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant's proportionate percentage fault.
Consulting Services Agreement between City of Dublin and Strategic Economics, Inc. for Economic Development Strategy and General Plan Economic Development Element
Last revised 09/5/2023
Exhibit C - Page 1 of 1
120
REQUEST FOR PROPOSALS
Economic Development Strategy and General Plan Economic Development Element
City of Dublin
Pr
oposals must be received by: June 2, 2023, by 3:00 p.m.
Rho
nda Franklin
Management Analyst II
100 Civic Plaza
City of Dublin, CA 94568
[email protected]
Attachment 3
121
Contents
Introduction .......................................................................................................................................................3 Background .......................................................................................................................................................3 Scope of Work....................................................................................................................................................4 Work Products ...................................................................................................................................................5 Organization of Proposal ..................................................................................................................................7 Overview of Process ..........................................................................................................................................8 Schedule for RFP Process ................................................................................................................................9 RFP Submittal Requirements ....................................................................................................................... 10 Standard Consulting Services Agreement .................................................................................................... 10 Conflict of Interest ......................................................................................................................................... 10 Equal Employment Opportunity .................................................................................................................. 11 Governing Law ............................................................................................................................................... 11 Review and Selection Process ....................................................................................................................... 12 Selection of Consultant .................................................................................................................................. 12 Attachment A .................................................................................................................................................. 13 Attachment B.................................................................................................................................................. 14 Attachment C.................................................................................................................................................. 15
122
Request for Proposals
for
Economic Development Strategy &
General Plan Economic Development Element
Introduction
The City of Dublin (“City”) is accepting proposals from professional consulting services to assist the City in preparing a comprehensive update to the City’s Economic Development Strategy and the General Plan Economic Development Element. The current Economic Development Strategy was approved by the City Council on November 6, 2012.
Background
The City of Dublin is located at the intersection of I -580 and I-680 in eastern Alameda County. The City is bordered by Pleasanton to the south, San Ramon to the north, Livermore to the east, and Castro Valley to the west. The City was incorporated in 1982 and has a current population of approximately 73,000 residents residing in a 14.59 square mile area. Dublin’s anticipated 2040 population is approximately 83,595 persons.
Dublin employs 97 full-time employees and provides direct services in the areas of community development, economic development, finance, general administration, information technology, public works/engineering, environmental services, and parks and community services . The City provides contract services for public works maintenance, fire, and police.
The Dublin City Council priorities include Downtown Dublin and economic development, housi ng affordability, infrastructure maintenance and reinvestment, organizational health, and a safe and accessible community.
Since the current Economic Development Strategy was approved in 2012, the City has seen rapid growth with much of the growth focused on undeveloped lands as well as revitalization of existing developed areas and transit-oriented development around the Dublin/Pleasanton Bay Area Rapid Transit (BART) Station, and the West Dublin BART Station l ocated in the downtown area. The City has also had tremendous residential 123
activity, increasing from approximately 18,537 residential units to more than 28,949 residential units in the last 10 years. The City is currently experiencing an interest in infill development projects and a continued interest for commercial development on undeveloped land.
The City has several documents guiding the growth of the City, including:
• General Plan
• Two-year Strategic Plan
• Eastern Dublin Specific Plan
• Downtown Dublin Specific Plan
• Dublin Village Historic Area Specific Plan
• Dublin Crossing Specific Plan
• Parks and Recreation Master Plan
• Bicycle and Pedestrian Plan
• Streetscape Master Plan
• Downtown Dublin Preferred Vision
• Fallon Road Economic Development Zone
Scope of Work
Comprehensive Economic Development Strategy Update :
Prepare a comprehensive update to the Economic Development Strategy. Preparation of this update will include, among other things, a review of the existing setting, an understanding of the City’s long -term vision as it relates to economic development, an opportunities/constraints analysis, an economic analysis, and a list of prioritized goals and obje ctives towards achieving the long -term vision. The Strategy will also include a series of updated recommendations to strengthen the economic vitality of Dublin.
Comprehensive Economic Development Element Update:
Create an Economic Development Element of t he General Plan to provide policy and decision- making guidance as Dublin moves forward with development strategies aimed at growing and improving its economic base. This element will also provide plan level information, goals, policies, and implementation programs on economic development and the phasing required to facilitate General Plan implementation. The Economic Development Element is structured to express City goals and policies regarding economic development, and to serve as a companion to the City's Land Use, Transportation, and other General Plan elements. The Element should be intentionally written broadly to set the stage for a wide range of subsequent implementation initiatives and strategies.
124
Work Products
Comprehensive Updat e of the Economic Development Strategy The Consultant’s overall responsibility and scope of work to prepare a comprehensive update d Economic Development Strategy shall include professional services to support the following tasks , including meeting facilitation and detailed minutes during the outreach process as necessary:
• Facilitate discussions (possibly including a study session) with City staff and potentially the City Council to solicit initial input regarding both tasks of the project which includes updates of 1) the Economic Development Strategy; and 2) the Economic Development Element to the General Plan. • Review and analysis of current demographic and socioeconomic data, labor force characteristics, sales tax revenue and other key economic data.
• Preparation of update to key demographic trends and forecasts, social factors, economic factors, and financial indicators for inclusion into the updated S trategy, including an update of the market segmentation of the City’s retail, commercial, office, and light industrial sectors. • Review other City strategies and plans that have been implemented including but not limited to the General Plan , Downtown Dublin Specific Plan , Eastern Dublin Specific Plan , Downtown Dublin Preferred Vision, Fallon Road Economic Development Zone, etc.). • Review current economic development efforts and initiatives underway throughout the Tri-Valley and the East Bay (Innovation Tri-Valley, iGATE, East Bay EDA, etc.). • Review and understand the residential and commercial/business growth in the City over the past 10 years.
• Preparation and facilitation of workshops with the business community (including the Chamber of Commerce).
• Attend up to five (5) meetings with City Staff, key community members and stakeholders to identify and prioritize economic development goals and objectives and proposed activities , programs, and priorities.
• Updated Economic Development Strategy goals and objectives for advancing the City’s economic development efforts.
• Attendance of at least four (4) meetings and/or workshops with the Dublin City Council. • Incorporate recent progress on the Downtown Dublin Preferred Vision and the Fallon Road Economic Development Zone and goals, objectives, and actions to guide the City on fulfilling the vision for these areas.
• Recommendations for additional tools, partnerships, or products that would be effective for achieving economic goals, including improving and sustaining business community outreach and engagement, strategies for infill and redevelopment areas, and developing an online portal for enhancing assistance to the business community.
• Recommendations for how existing programs could be revised or reworked to enhance effectiveness for the development community, including associated and new funding sources. 125
• Incorporate how the advanced manufacturing and life sciences sector fits into Dublin and how Dublin should position itself to be proactive in attracting a hub for this sector. • Incorporate recent events (such as COVID -19, inflation, etc.), and the associated economic effects, impacts, and recovery efforts implemented by the City of Dublin, as well as recommended recovery strategies and readiness for the long-term.
• Identify and outline accomplishments achieved from the current Economic Development Strategy. • Assume up to four (4) rounds of review and revision by Staff.
Comprehensive Update of the Economic Development Element The Consultant’s overall responsibility and scope of work is to prepare a comprehensive updated Economic Development Element to the General Plan covering issues including business attraction and formation, business retention, tourism, and entertainment. Updated policies shall address fiscal trends, continued revitalization of the Downtown area, Fallon Road Economic Development Zone, and other areas in Dublin, as well as support the City’s ongoing Two-Year Strategic Plan, when appropriate. This Element will also provide updated plan level information, goals, policies, and implementation programs on economic development and the phasing required to facilitate General Plan implementation.
• Study Session 1: Facilitate a Study Session with the City Council (possibly a joint session with the Planning Commission) to solicit initial input regarding the Economic Development Element. • Working document at key phases in the update of the Economic Development Element, including the following:
o Initial document update framework (eight (8) hardcopies and one (1) electronic copy). o Proposed updated graphics, exhibits, and photographs that illus trate the updated vision and principles (eight (8) hardcopies and one (1) electronic copy). o Administrative Draft of the Updated Economic Development Element for Staff review and comment (eight (8) hardcopies and one (1) electronic copy). • Prepare amendmen ts to the General Plan as necessary to ensure that the updated Economic Development Element has consistency and continuity with the other Elements of the General Plan.
The language in the Economic Development Element needs to be integrated well with the ot her language in the General Plan, so it reads as one document and not separate documents. • Incorporate language that supports the goals and objectives of the Economic Development Strategy, such as positioning Dublin to be prepared for land uses associated with the life sciences sector. • Community Meeting: Facilitate up to two community meetings (or additional meetings if consultant feels warranted) and present the draft Updated Economic Development Element to property owners, property managers, developers, residents, and other interested parties, and solicit their input. • Study Session 2: Facilitate a Study Session with the City Council to present the draft updated Economic Development Element.
• Final Draft Updated Economic Development Element incorporating input from the Study Sessions, Community Meetings and Staff input (40 hardcopies, one (1) photo ready copy, and one (1) electronic copy).
126
• Attendance at and presentations of the Updated Economic Development Element to the Planning Commission and City Council at separate public hearings. • Assume up to four (4) rounds of review and revision by Staff.
The City anticipates that the two tasks will have some overlap. Please describe how both tasks would be accomplished in relation to one another and what would be accomplished for each task if there are joint/community/task force meetings that address multiple tasks.
Organization of Proposal
The organization described in this section of the RFP must be followed by all potential consultants. The format of how the information is provided is at the discretion of the consultant.
Introduction
A general introduction must include the elements outlined below (see Attachment A for a sample template):
• Information about your company and experience working on economic development strategies. • Include a list of the most recent Economic Development Strategies prepared by you or your firm. • Description of the proposed approach and methodology.
Scope of Work
Describe the work program to accomplish the approach indicated above. The work program should address the issues identified in the Scope of Work and Work Product sections of this RFP, as well as other issues deemed beneficial as suggested by the consultant and shall provide a det ailed description of the work to be accomplished. The scope of work shall be organized as follows:
• Task: An overview of a related group of subtasks or activities; generally, one or two sentences.
• Subtask: A detailed description of the work, including the methodology to be performed; generally, one to five paragraphs depending upon the complexity of the activities described in the subtask.
• Output: A description of what the result of this particular act ivity or subtask is; generally, one sentence.
• Schedule: A delivery date for this particular activity or subtask. • Cost: Cost to obtain identified output.
The task, subtask, output, cost format should be repeated throughout until all of the proposed work has been described in detail.
Schedule
Describe the time schedule for each proposed task and subtask described in the Scope of Work above.
Proposed work periods and completion dates, as well as the anticipated meeting dates should also be identified. The proposed project schedule should be provided in a timeline chart. 127
Personnel, Equipment and Facilities
Describe the activities of the designated Project Manager, and lead and supporting personnel. Provide resumes for those named, including their qualifications (education and experience), and their relationship and cost to the proposed project activities. If there is a team of consultants, the lead consultant should be clearly designated. All subconsultants shall be billed through the lead consultant. The City will require that no personnel changes will be made during the project without City approval.
Subconsultants
List all subconsultants proposed for this project. Include their qualifications and specific responsibilities. All subconsultants shall be billed through the lead consultant.
Qualifications and References
Provide a description of your firm’s qualifications, a list of similar completed project s and examples of such completed projects. Include a list of at least three (3) references.
Fee Schedule
List the fees associated with each task that is assigned to the project, as well as hourly fees for the project team.
Overview of Process
1. Proposers shall submit one electronic copy to:
Rhonda Franklin
Management Analyst II
100 Civic Plaza
Dublin, CA 94568
[email protected]
Electronic copies shall be submitted , via email as PDF, with a maximum size of 50 megabytes (50 MB).
2. Deadline for submitting the proposal is June 2 , 2023, at 3:00 p.m. to the Office of Economic Development via email ([email protected]).
3. The City will not pay for any costs incurred in preparation and submission of the proposals or in anticipation of a contract. The format of submittals is at the discretion of the Proposer. Each proposal shall be limited to a maximum of 60 pages, single-sided, using minimum 12-point font size. Page limit excludes a table of contents, tabbed dividers, and resumes for Consultant’s team.
128
Schedule for RFP Process
April 21, 2023 Request for Proposals issued
May 10, 2023 Informational Workshop via Zoom
Register online at Informational Workshop via Zoom
May 17, 2023 Deadline to submit questions to City of Dublin
May 19, 2023 Addendum posted, if required
June 2, 2023 Proposals are due via email no later than 3:00 p.m. on Friday, June 2, 2023.
Late submittals will not be accepted.
June 20 - 22, 2023 Interview firms
July 18, 2023 Consulting Services Agreement scheduled for approval by the Dublin City Council
(All scheduled dates are tentative and subject to change)
129
RFP Submittal Requirements
Please prepare and organize your submittal based on the requirements provided below. Any other information you would like to include should be placed in a separate section at the back of your submittal. Please note however that the RFP submittal is limited to 60 pages maximum single-sided (excluding resumes) and should be submitted on 8 ½ x 11 paper, in 12-point font.
Please provide one electronic copy of your Proposal via email to [email protected] no later than Friday, June 2, 2023, by 3:00 p.m. The entire Proposal (excluding resumes) should be a maximum of 60 pages. Submittals should be addressed as follows:
City of Dublin
Office of Economic Development
Attention: Rhonda Franklin
[email protected]
City of Dublin
100 Civic Plaza
Dublin, California 94568
Any Proposal submitted after the stated deadline will not be accepted for consideration.
Standard Consulting Services 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 Services Agreement (Agreement), including insurance requirements, is provided as Attachment C.
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 furnish the reason for these changes, which shall be included in the qualifica tion. 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
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. 130
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.
Equal Employment Opportunity
Proposer 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 Proposer. In the event of Proposers non- compliance, the City of Dublin may cancel, terminate, or suspend the contract in whole or in part. Proposer may also be declared ineligible for further contracts with the City of Dublin.
Governing Law
This RFP 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 and the County of Alameda.
Insurance Requirements
The Contractor shall provide insurance coverage as follows in conformance with the City of Dublin’s requirements:
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General Liability Insurance $1,000,000
Automobile Liability Insurance $1,000,000
Professional Liability Insurance $2,000,000
Workers’ Compensation Insurance $1,000,000
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 proposals provided in response to this RF P. The subcommittee will use a forced ranking process (please see Attachment B, Forced Ranking Rating Sheet, for further detail). Informal interviews may be conducted by City staff and may include more than one firm that has submitted a Proposal.
Based on input from this review process, a recommendation will be made to the City Council for award of contract services.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFP. The City reserves the right to reject any and all Proposals prior to execution of the Agreement, with no penalty to the City.
Selection of Consultant
Submitted Proposals will be evaluated and scored using the following criteria:
• Qualifications and specific experience of key project team members. • Quality and completeness of the proposal.
• Experience with engagement of similar scope and complexity. • Satisfaction of previous clients.
• Cost of providing the consultant services for this project.
Additional points may be awarded to Tri-Valley (Cities of Dublin, Pleasanton, Livermore, San Ramon, and the Town of Danville) based businesses.
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Attachment A
Sample RFP Submission Template
Introduction Letter
FOR REFERENCE – USE OF THE TEMPLATE IS NOT REQUIRED
[DATE]
[COMPANY CONTACT NAME]
[COMPANY NAME]
[COMPANY ADDRESS]
[COMPANY ADDRESS]
Subject: City of Dublin Economic Development Strategy & Economic Development Element Update Dear City of Dublin Office of Economic Development:
[Company Name] is pleased to submit our proposal for the City of Dublin Economic Development Strategy & Economic Development Element Update.
[Insert overview/background of company]
[Company Name] is qualified to undertake this project due to the following qualifications:
- [list each qualification]
[Insert closing statement and contact details]
Sincerely,
[Insert signature]
[COMPANY CONTACT NAME]
[COMPANY CONTACT TITLE (this individual should have signing authority for the company)]
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Attachment B
City of Dublin Forced Ranking Rating Sheet
Rater:
Business Area:
Rank Proposal
1 Proposal
2 Proposal
3 Proposal
4 Proposal
5 Proposal
6 Proposal
7 Proposal
8 Proposal
9 1
2 3
4 5
6 7
8 9
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Attachment C
Standard Consulting Services Agreement
(Consulting Services Agreement follows)
{Agreement removed for purpose of the September 5, 2023 Meeting Packet} 135
PROPOSAL TO PREPARE THE ECONOMIC
DEVELOPMENT STRATEGY AND GENERAL
PLAN ECONOMIC DEVELOPMENT
ELEMENT
RESPONSE TO CITY OF DUBLIN REQUEST FOR PROPOSALS
Prepared for:
City of Dublin
Offi
ce of Economic Development
Attention: Rhonda Franklin
[email protected]
City of Dublin
100 Civic Plaza
Dublin, California 94568
Attachment 4
136
TABLE OF CONTENTS
TABLE OF CONTENTS ................................ ................................ ................................ ................ 0 COVER LETTER ................................ ................................ ................................ ................... 1 INTRODUCTION................................ ................................ ................................ ................... 2 Firm Information and Experience .......................................................................................... 2 Approach and Methodology ................................................................................................... 3 SCOPE OF WORK ................................ ................................ ................................ ............ 5 PROPOSED SCHEDULE ................................ ................................ ................................ . 15 PERSONNEL, EQUIPMENT, AND FACILITIES................................ ................................ ..... 16 SUBCONSULTANTS ................................ ................................ ................................ ....... 22 QUALIFICATIONS AND REFERENCES ................................ ................................ ............ 33 References ............................................................................................................................ 33 Project Qualification Examples ............................................................................................ 33 FEE SCHEDULE ................................ ................................ ................................ ............. 40
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2991 SHATTUCK AVENUE #203 | BERKELEY, CALIFORNIA 94705 | P: 510.647.5291 | STRATEGICECONOMICS.COM
COVER LETTER
June 2, 2023
Rhonda Franklin
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Dear Ms. Franklin:
I am pleased to submit the enclosed proposal to prepare an economic development strategy for the City of Dublin. Strategic Economics specializes in conducting economic and market analyses and preparing municipal economic development strategies and general plan economic development elements as part of general plan update projects. For example, our recent economic development strategy work includes projects for the cities of Ventura, Milpitas, and Santa Cruz. Our current and recent general plan work includes projects for South San Francisco and Petaluma. Our work has focused on the intersection of economic development and land use throughout the entirety of our firm’s 25-year history.
For this effort we have assembled a team structured to provide complementary areas of expertise focused on the issues raised in the City’s RFP. Strategic Economics brings broad knowledge of the East Bay and Tri-Valley economy gained through recent and current studies for East Bay EDA —including East Bay Forward and the Industrial Land Use Implementation Toolkit—and past experience working on the City of Pleasanton Economic Development Strategy. Greensfelder Real Estate Strategy specializes in retail analysis, tenant and property owner preferences, and deal structuring, with current ongoing work for the City of Dublin. And Tawni Sullivan brings decades of knowledge about the life sciences real estate industry from the perspectives of property owners/developers and tenants.
We believe that our team’s technical expertise, focus on community engagement, and knowledge of the regional and Tri -Valley economy and market conditions are the right combination for preparing Dublin’s Economic Development Strategy and Eleme nt. Please do not hesitate to contact me with any questions.
Best regards,
Derek W. Braun
Principal, Strategic Economics, Inc.
(510) 647-5291 ext. 112 | [email protected] 138
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 2
INTRODUCTION
Firm Information and Experience
Strategic Economics, Inc. provides economic
analysis and advisory services for local and regional
governments, developers, community groups, and
non-profits to create sustainable, high-quality
places for people to live and work. We are widely
recognized for our strength in addressing
complicated projects requiring innovative analysis
and cross -disciplinary teamwork. Our staff brings extensive expertise in many disciplines including economics, urban planning, public policy and finance, and real estate development.
We combine depth of technical knowledge with an unders tanding of “the big picture,” and excel at translating our work into materials that are accessible to any audience.
Strategic Economics specializes in conducting municipal economic development strategic plans and studies and preparing economic development elements as part of general plan updates. We are currently completing a similar economic development strategy project for the City of Ventura, and in recent years completed similar projects for Milpitas, Santa Cruz, Culver City, Alameda, Cupertino, Pleasanton, and San Jose. Our firm has specialized knowledge of the East Bay and Tri-Valley economic opportunities and challenges through our work on the “East Bay Forward” report for the East Bay Economic Development Alliance, as well as ongoing work on the Industrial Land Use Implementation Toolkit for East Bay EDA . Examples of our general plan update work include projects for the cities of South San Francisco, Petaluma, Santa Rosa, Rancho Cucamonga, San Leandro, and Long Beach.
Founded in 1998, Strategic Economics has nine employees. The firm is a Berkeley, California- based corporation and a certified women-owned, small business, Alameda County Small Local Business, and California Small Business Enterprise.
Our team for the Dublin Economic Development Strategy Update and Economic Development Element Update project includes two specialized subconsultants, whose qualifications and roles are described in detail starting on page 22
of this proposal. David Greensfelder of
Greensfelder Real Estate Strategy will provide intensive analysis and policy guidance regarding the City’s retail positioning, market opportunities , and potential actions and incentives to sustain and improve the City’s retail health. David is currently working with Dublin’s Economic Development staff regarding redevelopment and investment opportunities at major shopping centers in the Downtown area.
Tawni Sullivan will provide advisory services
regarding life science development and investment opportunities. Tawni has decades of experience focused on life science from a tenant and property owner perspective through her work at CBRE, Alexandria Real Estate Equities, and CAC Real Estate Management.
Detailed project qualifications for our team begin on page 33 of this proposal. 139
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 3 Approach and Methodology
The City of Dublin is in the enviable position of being a rapidly growing community with excellent transportation options, remaining greenfield land available for development — especially in the Fallon East Economic Development Zone —and ongoing interest in further infill development such as at Dublin Place shopping center. Much of the City’s economic success can be attributed to the City’s deliberate planning efforts and proactive economic development actions. With the current strategy now 12 years old, the time is right to examine the City’s new opportunities and challenges considering post-COVID trends such as the ongoing shift toward experiential and specialty retail, rapid growth of the life science industry, and impacts on business and worker location preferences due to remote and hybrid work patterns.
Strategic Economics proposes an approach and methodology focused on providing the data, analysis, and community engagement processes that will result in a shared vision for the city’s economy, an implementation-oriented shorter-term strategy, and an Economic Development Element that provides longer-term policies and implementation guidance. Based on our years of developing economic development strategies, we understand that gauging these challenges and opportunities requires a holistic, nuanced approach that combines quantitative and qualitative research and engagement methods. Key aspects of our approach and methodology include the following:
• Draw on focused expertise for critical priority areas: As described in our cover letter and the prior section of this proposal, o ur team was carefully structured to provide complementary areas of expertise that are critical to understanding Dublin’s economic development opportunities and potential impactful actions . This expertise includes preparation of economic development strategies and elements, knowledge of the East Bay and Tri-Valley economies with a focus on industrial lands and the “innovation eco- system,” experience working in Dublin and the Tri -Valley, and deep knowledge regarding the retail and life sciences industries and their real estate needs.
• Identification of forward-looking economic growth opportunities in Dublin based on Tri- Valley, Bay Area, and national trends: A “top -down” analysis of industry growth projections for the Tri -Valley area and the Bay Area as a whole will clarify which of Dublin’s industry sectors are best positioned for future expansion. Analysis of Dublin’s economy, demographics, labor force, and sales tax performance versus appropriate market and trade areas will clarify the City’s competitive positioning given these trends and projections.
• Identification of unique, place -specific opportunities within Dublin: In contrast to the “top-down” analysis above, the City as a whole and its Downtown, Fallon East Economic Development Zone, and other specific plan areas should also be assessed through a place-based “bottom -up” subarea analysis to examine unique opportunities and constraints. Depending on data availability, this could include factors such as 140
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 4 employment composition and performance by industry, commercial and industrial real estate trends and development activity, retail performance, and unique opportunities or constraints based on commute access, development opportunities, and infrastructure needs. We will also assess the subarea opportunities associated with broader efforts by Innovation Tri-Valley, iGATE, East Bay EDA, and other organizations.
• Establish a firm understanding of community and stakeholder needs and desires, and gather on -the-ground knowledge from local stakeholders: Through topic-specific stakeholder interviews and community workshops, the S trategic Economics team will listen to and learn from Dublin business owners, stakeholders and residents to understand their needs and concerns, gathering local knowledge that could never be captured in a dataset. This p hilosophy will help us strengthen existing relationships, build trust in the process, and ultimately craft community -supported strategies. A balanced outreach strategy is proposed to learn community perspectives and priorities through industry-specific stakeholder focus group meetings, interactive community workshops, and collaborative work with City decision makers . We will work with City staff to co-produce community engagement strategies that are effective and far reaching.
• Support change that enhances economic vitality, encourages growth and retention of innovative, cutting -edge industries, expands opportunities for local workers and residents, and sustains Dublin’s fiscal health: The Economic Development Strategy and Economic Development E lement will reflect Dublin’s competitive positioning, forward looking opportunities, and the consensus of the business community and community at large. The Strategic Economics team will engage in an iterative, collaborative process focused initially on refining strategies and policies that recognize the community’s priorities, to be followed by development of specific implementation actions.
• Leverage efficiencies in preparing the strategy and element simultaneously: Our approach incorporates cost and time efficienc ies made possible by the simultaneous preparation of the Economic Development Strategy Update and Economic Development Element Update. Our research, analysis, and engagement with the community and decision makers will thoughtfully combine the needs of both efforts in order to prevent duplicative work or meetings.
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 5
SCOPE OF WORK
Strategic Economics proposes the following scope of work to complete the Dublin Economic Development Strategy and Economic Development Element project. All “Schedule” dates assume that the project begins on approximately August 1 st. Strategic Economics will adjust the schedule based on the actual project start date.
TASK 1: PROJECT KICKOFF AND MANAGEMENT
SUBTASK 1.1: REQUEST AND REVIEW OF EXISTING DATA AND MATERIALS Prior to the ki ckoff meeting, the Strategic Economics team will review background materials and work completed to date as listed in the RFP, including the existing council priorities, Economic Development Strategy and Element, Downtown Dublin Preferred Vision and Specific Plan, and Fallon Road Economic Development Zone incentives. Strategic Economics will also request relevant data from the City, including GIS shape files, business license data, transient occupancy tax data, sales tax data, recently completed market studies and other analyses, development projects information, currently tracked real estate data, etc.
OUTPUT: DATA AND DOCUMENT REQUESTS
SCHEDULE: FIRST 2 WEEKS OF AUGUST
COST: $2,305
SUBTASK 1.2: KICKOFF MEETING AND SITE VISIT
Strategic Economics, Greensfelder Real Estate Strategy (GRES), and Tawni Sullivan will attend an in-person project initiation meeting with City staff to review the scope of work, schedule of deliverables, and outreach meetings/process . The team will finalize the project sequencing and schedule through this discussion with City staff. After the meeting, the team will tour the city with City staff, with a special focus on Downtown , major shopping centers, major employment centers, and areas of development activity. City staff are assumed to determine the route and arrange transportation if necessary.
OUTPUT: KICKOFF MEETING AGENDA
SCHEDULE: FIRST WEEK OF AUGUST
COST: $5,100
SUBTASK 1.3: PROJECT MANAGEMENT AND COMMUNICATION
Strategic Economics staff and other consultant team members will participate in bi -weekly check-in calls with City staff (as necessary) to share project updates and findings, and to coordinate on issues such as data collection, outreach to stakeholders, project schedule, and preparation/review of findings and deliverables.
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 6 OUTPUT: CHECK-IN CALL AGENDAS
SCHEDULE: ONGOING THROUGHOUT PROJECT LIFE
COST: $3,050
TASK 2: ECONOMIC AND MARKET CONDITIONS AND OPPORTUNITIES ANALYSIS SUBTASK 2.1: WORKFORCE, DEMOGRAPHICS, AND MAJOR INDUSTRIES ANALYSIS Building on the 2012 Economic Development Strategy, stated council priorities, and our more recent work examining the East Bay and Tri -Valley economies, Strategic Economics will conduct an analysis of Dublin’s significant industry sectors to gain an understanding of the performance of the City’s industries. Strategic Economics will selectively analyze employment, industry, and business trends by examining local and regional trends and projections using a combination of California Employment Development Data (to be obtained by the City if possible, with the City responsible for associated costs charged by EDD), and/or City business license data (if available), and/or alternative sources such as JobsEQ data provided by the City’s partners, and regional employment projections. These analyses will identify the city’s strengths to gain an understanding of the types, composition, and performance of industries in Dublin. The task will also provide insights into Dublin’s specific strengths and weakne sses relative to the region.
In order to connect these industry projections with local workforce conditions and demographics, Strategic Economics will analyze demographic and household characteristics of the Dublin population and workforce compared to the Tri-Valley area and the East Bay as a whole. We will also use U.S. Census LEHD data to examine commute patterns of residents and workers in Dublin.
The findings of these analyses will also be combined with the Commercial Real Estate Analysis subtask to describe the space needs for future business growth in Dublin, including the types of buildings, spaces, land uses, and developable land required to meet these needs.
O
UTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: AUGUST THROUGH NOVEMBER
COST: $12,580
SUBTASK 2.2: COMMERCIAL REAL ESTATE MARKET ANALYSIS
In order to assess life science, office, and industrial tenanting opportunities and retail market conditions, Strategic Economics will combine the findings of the employment analysis with an assessment of market conditions and positioning of these uses in Dublin. Based on market and building-level data obtained via CoStar and local broker reports, Strategic Economics will examine Dublin’s competitive performance versus the surrounding market area, development 143
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 7 activity, building types and conditions, and current major vacancies. This data analysis will be supplemented by interviews with area brokers to understand tenant attraction challenges and opportunities, both generally and for specific locations, development opportunity sites, and any major vacancies. Findings will include a focus on the alignment or misalignment of existing building stock and greenfield/infill development opportunities versus the needs of businesses in growing and expanding industry sectors. The analysis will include a particular focus on life science development opportunities, with advising by Tawni Sullivan.
Finally, Strategic Economics will evaluate the performance and economic contribution of Dublin’s hotels through analysis of quantitative data such as market reports and transient occupancy tax revenues (provided by the City), and will conduct interviews with hotel operators.
O
UTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: AUGUST THROUGH NOVEMBER
COST: $14,590
SUBTASK 2.3: RETAIL ANALYSIS, INCLUDING CELL PHONE DATA ANALYSIS GRES, with support from Strategic Economics, will complete an in -depth retail analysis, evaluating on -the-ground local conditions and applying broader retail trends to identify opportunities and recommend strategies to support the occupancy and health of Dublin’s retail-based businesses retail districts, shopping centers, and emerging mixed -use projects.
Tasks will include:
• A citywide inventory of retail space, including analysis of CoStar data provided by Strategic Economics which will be verified through fieldwork observations; • Identification of strengths and weaknesses for major retail centers and commercial districts;
• Identification of major chain or “brand retailers” that are doing well versus those that are at risk of closure;
• A retail gap and void sales tax leakage analysis to identify retail opportunities, based on sales tax and taxable sales data obtained by Strategic Economics via the City of Dublin and the California Department of Tax and Fee Administration; • A summary of barriers and threats for Dublin’s retailers and retail market; • Recommendations for actions and policies to address barriers, attract and retain neighborhood retailers and reduce vacancies, activate marginal and vacant storefronts, and reposition major shopping centers in the City for re -tenanting or redevelopment into new uses or formats.
GRES will also obtain and analyze cell phone data that can show, among other things, the catchment from which various commercial/retail areas in the City draws customers.
Identifying and confirming these traffic patterns can be helpful in developing strategies for 144
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 8 capturing "on my route" trips as well as for widening the catchment from which an area draws. In addition, obtaining data from which other key projects such as City Center in San Ramon or the Livermore Premium Out lets can help us establish the traffic patterns benefitting competing destinations, and develop strategies to attract businesses and shoppers that will make Dublin a more frequent destination. This work can be leveraged by Economic Development as part of a business attraction study, and our deliverable will outline ways this might be done.
OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: AUGUST THROUGH NOVEMBER
COST: $22,300
SUBTASK 2.4: SUBAREA ASSESSMENTS
Strategic Economics will profile and provide analysis of areas with significant current or planned concentrations of employment and business activity in Dublin. The analysis will examine:
• Subarea job locations and industry mix through mapping of major industry sectors. • Building inventory through analysis of subarea commercial real estate data from CoStar.
• Stakeholder input regarding subarea trends, issues, and opportunities, gleaned from interviews with area brokers and stakeholders as part of the engagement activities. • Assessment of retail and life science challenges and opportunities by GRES and Tawni Sullivan.
The results of these subarea analyses will then be used to identify the economic development opportunities represented at each area, and used to inform place -specific strategies and actions in the Economic Development Strategy and the goals, policies, and implementation measures in the Economic Development Element.
OUTPUT: DATA AND FINDINGS FOR INCORPORATION IN THE SWOT SUMMARY, ECONOMIC
DEVELOPMENT STRATEGY, AND ECONOMIC DEVELOPMENT ELEMENT
SCHEDULE: OCTOBER THROUGH NOVEMBER
COST: $6,450
SUBTASK 2.5: SWOT SUMMARY
Based on the findings of subtasks 2.1 through 2.4, as well as the qualitative input received through stakeholder engagement activities in Task 6, the Strategic Economics team will develop a summary of strengths, weaknesses, opportunities, and threats (“SWO T”) for 145
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 9 attracting, retaining, and growing different categories of businesses in Dublin that will maintain the City’s long-term economic health.
The SWOT will differentiate findings relevant to the shorter term strategy versus longer term Economic Development Element, and will include preliminary high-level recommendations for addressing challenges and leveraging opportunities. The SWOT will include relevant data as necessary to explain the findings, although the full write -up of the technical analyses will ultimately be provided as part of the Economic Development Strategy itself.
OUTPUT: SWOT SUMMARY (ADMIN DRAFT AND FINAL DRAFT)
SCHEDULE: LATE-OCTOBER THROUGH NOVEMBER
COST: $7,465
TASK 3: PRELIMINARY RECOMMENDATIONS AND DOCUMENT FRAMEWORKS The Strategic Economics team will prepare draft document frameworks for the Economic Development Strategy and the Economic Development Element. The frameworks are intended as a means of efficiently vetting and refining recommendations for the Economic Development Strate gy and Economic Development Element prior to authoring the comprehensive documents (and/or while background content is being authored for the strategy). The frameworks will be used to receive and incorporate guidance by City stakeholders, staff, and decisi on makers. The respective frameworks will be designed for simultaneous review in order to illustrate connections between shorter term strategies and longer term policies.
S
UBTASK 3.1: ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial document outline for review by City staff that includes potential goals, objectives, strategies, priorities, illustrative examples of implementation actions, and potential performance indicators for inclusion in the Economic Development Strategy. Two drafts of the framework will be provided.
OUTPUT: TWO ECONOMIC DEVELOPMENT STRATEGY FRAMEWORK DRAFTS SCHEDULE: LATE-NOVEMBER THROUGH MID-JANUARY
COST: $7,785
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 10 SUBTASK 3.2: ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS Strategic Economics will incorporate the results of the Economic and Market Conditions and Opportunities analyses and stakeholder interviews to draft an initial do cument outline for review by City staff that includes potential goals, policies, and corresponding preliminary examples of implementation programs for inclusion in the Economic Development Strategy.
Two drafts of the framework will be provided.
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UTPUT: TWO ECONOMIC DEVELOPMENT ELEMENT FRAMEWORK DRAFTS (8 HARDCOPIES AND 1
ELECTRONIC COPY OF EACH DRAFT)
SCHEDULE: LATE-NOVEMBER THROUGH MID-JANUARY
COST: $8,095
TASK 4: ECONOMIC DEVELOPMENT STRATEGY
SUBTASK 4.1: ECONOMIC DEVELOPMENT STRATEGY ADMIN DRAFTS 1-3 Based on feedback on the document framework from city community members, decision makers, and staff, Strategic Economics will prepare an Administrative Draft of the Economic Development Strategy with an implementation work plan matrix that describes implementation actions, responsibilities, timing, and metrics for measuring progress.
The strategy will describe relevant economic context, projections, indicators, SWOT findings, goals, objectives, and the strategies, tools and partnerships necessary to support Dublin’s economic vitality and encourage commercial development at infill and greenfield opportunity sites. The strategy will also include review of the successes achieved under the previous strategy, and description of how and why this strategy differs w hile building on the prior strategy’s successes. The strategy will incorporate subarea -focused strategies related to places with significant economic and business activity or planned growth in Dublin, including Downtown Dublin and the Fallon East Economic Development Zone.
Strategic Economics will provide up to three total administrative drafts of the strategy in response to clear and comprehensive City staff direction on each draft.
OUTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: MID-JANUARY THROUGH MID-MARCH
COST: $17,285
SUBTASK 4.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT STRATEGY Upon staff review and feedback on the administrative drafts of the Economic Development Strategy, Strategic Economics will provide a Public Draft for review and comment by community stakeholders and the City Council. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session. 147
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 11 OUTPUT: PUBLIC DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: LATE-MARCH THROUGH EARLY-APRIL
COST: $2,925
SUBTASK 4.3: FINAL DRAFT ECONOMIC DEVELOPMENT STRATEGY
Based on input received on the Public Draft strategy Strategic Economics will make final revisions and provide a Final Draft for potential adoption by the Dublin City Council.
OUTPUT: FINAL DRAFT OF THE ECONOMIC DEVELOPMENT STRATEGY SCHEDULE: LATE-APRIL THROUGH LATE-MAY
COST: $2,925
TASK 5: ECONOMIC DEVELOPMENT ELEMENT
SUBTASK 5.1: ECONOMIC DEVELOPMENT ELEMENT ADMIN DRAFTS 1-3 Concurrent with preparation and staf f reviews of the Economic Development Strategy, Strategic Economics will also prepare and provide up to three admin drafts of the Economic Development Element. The element will provide relevant background information, with a focus on longer -term considerat ions such as major fixed economic development assets (infrastructure and location attributes), anchors (institutions), broader industry trends, and development and redevelopment opportunities. The element will include goals, policies, implementation progra ms, and implementation phasi ng. The admin drafts will incorporate illustrative and informative proposed graphics, exhibits, and photographs (with any photographs to be provided by the City of Dublin). The language and format of the element will be designed to maintain consistency with other General Plan elements and their contents.
Up to three administrative drafts will be provided, incorporating subsequent rounds of clear and comprehensive City staff direction on each draft.
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UTPUT: 3 ADMINISTRATIVE DRAFTS OF THE ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY OF EACH DRAFT)
SCHEDULE: MID-JANUARY THROUGH MID-MARCH
COST: $12,695
SUBTASK 5.2: PUBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT
Upon staff review and feedback on the Administrative Draft s, Strategic Economics will revise and provide a Public Draft for review by the City Council and community stakeholders. Per Task 6, Strategic Economics will present this draft to the City Council at a council meeting or study session.
148
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 12 OUTPUT: PUBLIC DRAFT ECONOMIC DEVELOPMENT ELEMENT (8 HARDCOPIES AND 1 ELECTRONIC COPY) SCHEDULE: LATE-MARCH THROUGH EARLY-APRIL
COST: $2,290
SUBTASK 5.3: FINAL DRAFT ECONOMIC DEVELOPMENT ELEMENT
Based on input received on the Public Draft element, Strategic Economics wi ll make final revisions and provide a Final Draft for potential adoption by the Dublin City Council.
OUTPUT: FINAL DRAFT ECONOMIC DEVELOPMENT ELEMENT (40 HARDCOPIES, 1 PHOTO READY COPY, 1
ELECTRONIC COPY)
SCHEDULE: LATE-APRIL THROUGH LATE-MAY
COST: $2,390
TASK 6: STAKEHOLDER AND DECISION MAKER ENGAGEMENT
The Strategic Economics team proposes a robust stakeholder and decision maker engagement process. Activities include regular check-ins with City staff, focus group meetings with groups representing differe nt industries and business interests, general community workshops, and meetings and study sessions with the City Council and potentially the Planning Commission. The engagement process is designed to meet the needs of the Economic Development Strategy Upda te and Economic Development Element simultaneously.
S
UBTASK 6.1: PROGRESS MEETINGS WITH CITY STAFF
The Strategic Economics team will conduct virtual meetings with City staff on a bi-weekly basis as needed. These meetings will be used to coordinate schedule and activities, plan upcoming events and meetings, share interim results and findings, and discuss staff input and feedback on work products.
O
UTPUT: MEETING AGENDAS AND NOTES
SCHEDULE: THROUGHOUT PROJECT LIFE
COST: $3,770
SUBTASK 6.2: INDUSTRY AND STAKEHOLDER FOCUS GROUP WORKSHOP MEETINGS Strategic Economics will facilitate a series of up to six in -person (if clustered on one or two specific days) or virtual stakeholder group meetings. The stakeholders will be defined in close coordination with City s taff, but could potentially include: representatives of key industries such as retail/restaurants, advanced manufacturing, and life science; leadership and members of the Chamber of Commerce, brokers and developers, and City staff. In addition to 149
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 13 gathering qu alitative information and answering key questions raised in the RFP , the stakeholder groups will help to build support for the Economic Development Strategy and Element and achieve “buy-in” from community leaders. Members of the Strategic Economics team will facilitate each of the meetings (as appropriate based on areas of expertise) , formulating specific topics and questions with the goal of gathering required information and generating ideas for potential strategies. It is assumed that City staff will con tact all stakeholders to schedule and coordinate the meetings.
OUTPUT: MEETING AGENDAS AND NOTES
SCHEDULE: MID-AUGUST THROUGH MID-SEPTEMBER
COST: $12,345
SUBTASK 6.3: COMMUNITY WORKSHOPS AND SUMMARIES
The SE team will prepare for and execute up to two (2) community workshops to discuss topics related to the economic development strategy and element. These workshops are currently envisioned to occur in person, but can also be occur virtually. The first workshop will focus on general community priorities, vision, and areas of interest. The second workshop will be used to vet the contents of the Economic Development Strategy and Element. Both workshops will include a targeted outreach effort to property owners, managers, developers, and residents to receive their input. Workshop responsibilities include:
• Strategic Economics will work with the project team to prepare an overall purpose, approach, objective and anticipated outcome of the community workshops. • Strategic Economics will prepare meeting materials including agendas, sign -in sheets and assist with interactive activities.
• Strategic Economics will facilitate the workshops, with additional facilitation support by City staff.
• City staff will coordinate meeting location logistics (e.g., room, seating, a/v equipment, refreshments) and send invitations.
• Strategic Economics will assist with meeting logistics including room set up and break- down.
• Strategic Economics will prepare summary notes.
O
UTPUT: WORKSHOP AGENDAS, MATERIALS, AND SUMMARY NOTES
SCHEDULE: MID-OCTOBER AND MID-JANUARY
COST: $15,210
SUBTASK 6.5: BOARD MEETINGS AND STUDY SESSIONS
Strategic Economics will prepare for, attend, and facilitate up to three “board” meetings or study sessions to inform the development of the Economic Developm ent Strategy and 150
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 14 Element (GRES will attend one meeting). The meetings may include City Council or Planning Commission hearings. Strategic Economics will work with City staff to determine, based on project needs, whether to schedule study sessions or includ e project topics as a regular meeting calendar item. A first meeting could occur as the analytical tasks are concluded and will be used to report findings, refine vision, priorities, and areas of concern/interest, and gather feedback on preliminary recommendations. Another meeting could be used to gather direction on the public draft economic development strategy and element documents.
OUTPUT: REVIEW OF STAFF REPORTS, MEETING AGENDAS, MEETING SLIDES, MEETING NOTES SCHEDULE: MID- TO LATE-NOVEMBER (TENTATIVE), MID-APRIL (TENTATIVE) COST: $13,720
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 15
PROPOSED SCHEDULE
Month
Week 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials
1.2 Kickoff Meeting and Site Visit
1.3 Project Management and Communication
Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Major Industries Analysis
2.2 Commercial Real Estate Market Analysis
2.3 Retail Analysis
2.4 Subarea Assessments
2.5 SWOT Summary
Task 3 Preliminary Recommendations & Document Frameworks
3.1 Economic Development Strategy Framework Drafts
3.2 Economic Development Element Framework Drafts
Task 4 Economic Development Strategy
4.1 Admin Drafts 1-3
4.2 Public Draft
4.3 Final Draft
Task 5 Economic Development Element
5.1 Admin Drafts 1-3
5.2 Public Draft
5.3 Final Draft
Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6)
6.3 Community Workshops and Summaries (2)
6.4 Board Meetings and Study Sessions (2)
Schedule is subject to refinement and change in agreement with the City of Dublin Schedule will be adjusted to reflect actual project start date February March April MayAugust September October November December January 152
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 16
PERSONNEL, EQUIPMENT, AND FACILITIES
Brief bios are shown below for all Strategic Economics staff assigned to the project. These are followed by full resumes for key leadership staff assigned to the project. Subconsultant bios and resumes begin on page 22 of this proposal.
DEREK W. BRAUN, PRINCIPAL, STRATEGIC ECONOMICS
Derek Braun has wide -ranging experience in the analysis of employment and industry trends, market opportunities and demand, the economic and fiscal impacts of development, and implementation and public financing strategies. With 15 years of experience at Strategic Economics, Mr. Braun’s work includes preparation of economic development strategies for the cities of Milpitas, Vent ura, Santa Cruz, Culver City, Alameda, Pleasanton, and the two -county East Bay region.
Additionally, he has conducted industry analyses to guide a number of General Plan updates in California— including recent work in the life sciences hub of South San Fran cisco—and completed market analyses and fiscal and economic impact analyses for property development proposals and large plan areas.
Mr. Braun holds a Master of Planning degree from the University of Southern California, with a concentration in Economic Development. Mr. Braun also holds a Bachelor of Science degree in Management from Case Western Reserve University. He is currently serving his community as a San Francisco Planning Commissioner.
Derek Braun will serve as Principal-in -Charge and primary proj ect manager for the Dublin effort, with responsibility for overall project direction, leadership of the consultant team, and day-to-day project management.
DENA BELZER, PRESIDENT, STRATEGIC ECONOMICS
Dena Belzer is the founder and President of Strategic
Economics. Ms. Belzer has over 30 years of experience
working on urban economic issues ranging in scale from
regional growth strategies to individual development
projects. Ms. Belzer’s specializations include economic development, affordable housing strate gies, and
infrastructure funding and financing. Her work often
includes blending multiple data sources to prepare
multidimensional economic analyses. Ms. Belzer was a founding member of the Center for Transit Oriented Development and has worked as a practice area technical assistance expert for the U.S. Environmental Protection Agency and The U.S. Department of Housing and Urban Development. Ms. Belzer held the Cornish Chair in Regional Economics at the University of California, Berkeley 2019-2021.
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 17 Dena Belzer will serve as a project advisor for the Dublin effort, contributing knowledge and expertise from her ongoing work on the Industrial Land Use Implementation Toolkit for the East Bay EDA.
ARPITA BANERJEE, ASSOCIATE, STRATEGIC ECONOMICS
Arpita has a back ground in applied policy research, urban analytics, and planning information systems. Ms. Banerjee is currently completing analyses and policy development for the City of Ventura economic development strategy, and has
contributed to economic , market, and financial feasibility analyses for area plan, general plan, and development project community benefits and feasibility assessments. As a
researcher with the University of Illinois, she analyzed large government datasets to reveal economic and housing impact s of the Covid -19 pandemic on the arts ecosystem in Illinois.
With Illinois Extension, she developed a reproducible disaster resilience toolkit for rural communities containing an interactive data dashboard and planning information library for all counties in IL. Arpita holds a Master of Urban Planning from the University of Illinois, Urbana- Champaign (2022) and a Bachelor of Urban Planning from the School of Planning and Architecture, New Delhi (2018).
Arpita Banerjee will serve as lead analyst and assistant project manager for the Dublin effort.
GUS STEPHENS, RESEARCH ANALYST, STRATEGIC ECONOMICS
Gus Stephens comes to Strategic Economics with a
background in urban sociology, GIS, and data analysis. His work at Strategic Economics leverages his geospatial
analysis skills to identify and communicate critical conditions and trends—including in his interest areas of transit-oriented development and illustrating unmet community needs.
Before joining Strategic Economics, Gus worked and interned at public, private, and nonprofit organizations where he gained project management, policy analysis, and bilingual (Spanish -English) interviewing skills. Gus holds a Bachelor of Arts in Sociology from Brown University, where he specialized in Urban Sociology and Migration and Immigration. For his honor thesis, he mapped access to social and public spaces via public bus transit in Providence, Rhode Island.
Gus Stephens will serve as a data and geospatial analyst for the Dublin effort.
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Education
Master of Planning
University of Southern California
Bachelor of Science, Management
Case Western Reserve University
Professional Experience
Associate I, II, Senior Associate
(2008-2021)
Strategic Economics, Berkeley, CA
Memberships and Distinctions
Planning Commissioner
City and County of San Francisco
Member, SPUR San Francisco
Member, Urban Land Institute
510-647-5291 x 112
[email protected]
Derek Braun
Principal
Derek Braun specializes in managing analyses of market opportunities and demand, employment and industry trends, development feasibility, and the economic and fiscal impacts of development and transit investments. With over 15 years of experience at Strate gic Economics, Mr. Braun has performed economic and market analyses and provided strategic guidance to clients in a wide variety of market contexts across the United States.
Selected Projects
East Bay Forward, Alameda and Contra Costa County, CA; 2021 The East Bay Economic Development Alliance hired Strategic Economics to prepare a strategic plan to help this major region within the San Francisco Bay Area recover from the COVID -19 pandemic and grow with a focus on economic innovation, inclusive workforce opportunities, and a particular focus on small and minority owned businesses. Mr. Braun manag ed this project, which included economic and workforce data analysis, multiple focus group meetings, and reviewing existing reports. The plan’s strategies build on the region’s economic assets, provide guidance on post- pandemic “pivots” and long -term growth opportunities, and address place- based strategies for assisting small minority business owners, better workforce connections, and growing jobs.
Milpitas Economic Development Strategy, Milpitas, CA; 2020 As project manager, Mr. Braun oversaw analyses of industries and employment, market positioning, workforce opportunities, and entrepreneurship, with a focus on the city’s large concentration of advanced manufacturing businesses. These analyses and substantial community and business stakeholder outreach were then used to create a new Economic Development Strategy and work plan to guide the City’s economic development efforts.
Alameda COVID-19 Pandemic Economic Recovery Strategy, Alameda, CA; 2021 Mr. Braun managed work with an economic recovery task force in the City of Alameda, including research into topic - and industry-specific impacts and case studies. He led task force meetings and developed the City’s economic recovery strategy. Mr. Braun also managed previous work on the City’s economic development strategic plan, which included community meetings and stakeholder engagement, and close work with a citizen task force to develop the plan’s strategies and implementation actions.
Santa Cruz Economic Development Strategy, Santa Cruz, CA; 2021 As project manager, Mr. Braun oversaw analyses of the unique mix of industries, retail and other commercial market conditions, and major employment subareas within the City of Santa Cruz. These analyses are informing the creation of a new Economic Development Strategy and work plan to guide the City’s economic development efforts, including COVID-19 pandemic recovery strategies.
Culver City Economic Development Implementation Plan, Culver City, CA; 2020 Mr. Braun was the project manager for the Culver City Economic Development Implementation Plan. He managed the technical employment analysis, with a focus on the city’s burgeoning creative tech economy and resulting demand for creative office space in former industrial districts. He also worked closely with City staff and the Economic Development Subcommittee of the City Council to develop implementation actions and identify opportu nity sites for new commercial development, including office and hotel uses.
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Rancho Cucamonga General Plan Update and Economic Development Strategic Plan, Rancho Cucamonga, CA; 2021 Mr. Braun was Principal-in-Charge for providing recommendations for updates to the City’s Economic Development Strategic Plan. A major focus of the Plan update recommendations entailed assisting the City in preparing for major new transit projects that have been propos ed in Rancho Cucamonga so that it can capitalize on the economic benefits of these investments. This strategy recommendations built off of several other components of Strategic Economics’ work on the Rancho Cucamonga General Plan, including background mark et and economic reports, a financial feasibility study of residential and office development, and a fiscal impact analysis.
Alameda Economic Development Strategic Plan, Alameda, CA; 2017 Mr. Braun was project manager for the City of Alameda’s economic deve lopment strategy. The work included an in -depth market and economic analysis that assessed employment composition and trends to determine the City’s key industry sectors, competitive positioning within the East Bay region, and implications for the strength of Alameda’s commercial and industrial real estate market. The plan identified strategic actions designed to attract additional investment while addressing Alameda’s workforce needs.
Moffett Park Specific Plan, Sunnyvale, CA; Ongoing
Mr. Braun is serving as project manager for market, economic, financial feasibility, community benefits, and fiscal analyses to inform the creation of a new specific plan in this employment district in the heart of Silicon Valley. The analyses examin e the potential for growth of office, retail, and residential uses in this in -demand location, while also maintaining economic diversity through growth or preservation of existing industrial uses.
South San Francisco General Plan Update, South San Francisco, CA; Ongoing Mr. Braun managed analyses of housing conditions, residential displacement vulnerability, and economic, market, fiscal, and financial feasibility analyses. The findings of these analyses are being used to inform policies around housing affordability and balancing strong demand for biotech uses against the need for housing and the valuable role of existing warehouse and distribution facilities. Mr. Braun is currently developing economic development policies for the General Plan.
Downtown Oakland Specific Plan, Oakland, CA; 2015-Ongoing Mr. Braun manag ed analyses and policy contributions for this new specific plan in a dense and rapidly -changing area. His work included market analysis, examination of Downtown’s role as an economic engine for the Ci ty, assessments of affordable housing conditions and needs, and analysis of the fiscal contributions generated by existing land uses and potential types of new development. Mr. Braun is developing economic development and housing strategies that fulfill th e plan’s strong vision of a Downtown that equitably serves the needs of all Oakland residents.
East Whisman Precise Plan, Mountain View, CA; 2019
Mr. Braun managed economic, market, and fiscal analyses for this plan guiding the transition of a Silicon Valley office center to a mixed -use residential and employment district . Subsequent financial feasibility analyses support the creation of a community benefits strategy incentivizing office development projects to contribute additional benefits in exchange for “bonus” density.
SLO Forward Retail Sales Analysis, San Luis Obispo, CA; 2018-2019 Mr. Braun was project manager for this analysis of retail sales to provide data related to a citywide sales tax measure. The study analyzed sales tax revenue by category and sources of retail demand to determine the share of spending attributable to city residents, region residents, workers, and visitors, both citywide and in subareas of the city.
Tasman East Specific Plan, Santa Clara, CA; 2018
Mr. Braun conducted a market assessment for the Tasman East area in Santa Clara to provide direction for the Plan’s land use program. The market assessment provided detailed information about the land uses, building heights, unit sizes, and parking solutions that were most likely to meet market demand and be financially feasible. He also completed fiscal analysis that measured the impact of new development on the City’s General Fund and authored funding and financing strategies
Derek Braun
Principal
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Dena Belzer
President
Dena Belzer is the founder and President of Strategic Economics. Ms. Belzer has over 30 years of experience working on urban economic issues ranging in scale from regional growth strategies to indiv idual development projects. Ms. Belzer’s specializations include, economic development, affordable housing strategies, and infrastructure funding and financing. Her work often includes blending multiple data sources to prepare multidimensional economic analyses. Ms. Belzer was a founding member of the Center for Transit Oriented Development and has worked as a practice area technical assistance expert for the U.S. Environmental Protection Agency and The U.S. Department of Housing and Urban Development. Ms. Belzer held the Cornish Chair in Regional Economics at the University of California, Berkeley 2019-2021.
Selected Projects
Industrial Land Use Toolkit, Alameda and Contra Costa Counties, California, 2022- ongoing
Working with the East Bay Economic Development Alliance, Strategic Economics is preparing a toolkit to provide public and private partners with implementable techniques for supporting economic innovation in the East Bay. Ms. Belzer is leading this effort which has included extensive data analysis, a literature review, case studies, stakeholder interviews, and focus group discussions. The initial deliverable for this project provides a snapshot of industrial growth trends and real estate market conditions and the final deliverable will be a toolkit website.
East Bay Forward, Alameda and Contra Costa County, 2021 The East Bay Economic Development Alliance hired Strategic Economics to prepare a strategic plan to help this major region within San Francisco Bay Area recover from the COVID-19 pandemic. The plan’s strategies will build on the region’s economic assets, provide guidance on post-pandemic “pivots”, and address place-based strategies for assisting small minority business owners, making better work force connections, and growing jobs areas in underserved areas. Ms. Belzer was the Principal in Charge of this effort.
Spatial Analysis of the HayWired Earthquake Scenario , San Francisco Bay Area, California, 2017-2018
Strategic Economics was retained to evaluate the spatial impacts of the HayWired scenario prepared by the USGS to estimate the full range of damages that could result from a Mw 7.0 earthquake and rupture of the Hayward Fault. Ms. Belzer led this spatial analysis which included 2,388 tracts and the potential impacts to both residential and commercial structures.
North Coyote Valley Jobs Analysis, San Jose, CA, 2020
San Jose’s Envision 2040 General Plan, adopted in 2014, has a major focus on economic development. In 2019, staff retained Stratgic Economics to evaluate if the Plan could meet its 2040 employment targets if the land designated for future employment growth in North CoyoteValley (NCV) was redesignated from Industrial Park to Open Space. Ms. Belzer, supported by her staff, conducted an analyis of the City’s employment trends by subarea, industry type, and buidling type and matched these trends against future employment projections. This analysis indicated that San Jose will continue to thrive without the NCV land supply.
Education
Master of City Planning
University of California, Berkeley
Bachelor of Arts, Psychology
Pitzer College
Professional Experience
Principal, Bay Area Economics
(1987-1998)
Associate Planner, Sedway
Cooke Associates
(1983-1987)
Memberships and Distinctions
Cornish Chair of Regional
Planning, University of California,
Berkeley. 2019-2021
Lambda Alpha International
Urban Land Institute (ULI)
American Planning Association
(APA)
President, Board of Directors for
Community Economics, Inc.
Selected Publications
Transit and Regional Economic
Development, 2011
TOD and Employment, 2011
CDFI’s and TOD, 2010
Contact
(510) 647-5291 x 108
[email protected]
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Education
Master of Urban Planning,
University of Illinois Urbana-Champaign
(UIUC)
Bachelor of Planning,
School of Planning and Architecture,
Delhi (India)
Professional Experience
Researcher - Academic Hourly,
A Disaster Planning Integration Toolkit
for Rural Illinois,
Illinois Extension
Graduate Research Assistant,
Arts Impact Initiative,
College of Fine and Applied Arts, UIUC
Graduate Teaching Assistant,
Urban Informatics II,
Department of Urban and Regional
Planning, UIUC
Selected Publications
“The status of artists and creative
Workers.” Issue Brief. College of Fine and
Applied Arts. University of Illinois
Urbana-Champaign. 2021.
“The Artist Labor Force: a statistical look
at Illinois in the contexts of the US.”
Issue Brief. College of Fine and
Applied Arts. University of Illinois
Urbana-Champaign. 2021.
Distinctions
Diversity and Inclusion Fellow 2021-22,
Association of Collegiate Schools
of Planning (ACSP)
Contact
510-647-5291 x107
[email protected]
Arpita Banerjee
Associate
Arpita Banerjee has a background in applied policy research, urban analytics, and planning information systems, with skill in translating in -depth data analysis into actionable policy recommendations. Her recent work at Strategic Economics includes analysis of parking strategy impacts on retail businesses in Gilroy, a literature review of innovative parking funding tools, and market and economic analyses for area plans and economic development strategies.
Selected Projects
Ventura Economic Development Strategy, Ventura, CA; Ongoing As lead analyst, Ms. Banerjee is completing employment, market, s ales tax, transient occupancy tax, and a variety of other data analyses to assess the City of Ventura ’s economic and market positio ning and opportunities to attrac t additional business investment and activity.
Gatekeeper Projects Community Benefits Analysis, Redwood City, CA; Ongoing Ms. Banerjee is assisting with the review of community benefits proposed by various applican ts requesting General Plan Amendments and Downtown Precise Plan Amendments through a Gatekeeper process in Redwood City. The effort includes market research, estimating costs of city permits and fees, and interviewing local developers to establish appropri ate assumptions for development costs.
East Palo Alto Ravenswood Business District Plan Update, East Palo Alto, CA; Ongoing
Ms. Banerjee conducted analyses supporting updates to this specific plan for an area experiencing intense development interest for office and life science uses. Her work included an analysis to assess existing and potential developer contributions for fee revenue and a fiscal i mpact analysis to examine General Fund net revenue impacts from growth in the preferred plan.
NFTA-Metro Comprehensive TOD Planning Implementation,
Buffalo, NY; Ongoing
Ms. Banerjee is assisting with the analysis of land banks and TOD funds across the country to identify how the Greater Buffalo region could use a TOD fund to support affordable housing development along the region's MetroRail expansion. Her efforts include participation in meetings and discussions with innovative organizations and analyzing publicly owned vacant parcels near the transit corridor to identify opportunities for TOD fund-related interventions.
LA Union Station Strategic Advisory,
Los Angeles, CA; 2022
Ms. Banerjee assisted with developing an understanding of how infrastructure decisions influence overall development plans and economic opportunities, especially around transit stations. The effort included developing case studies of various transit centers and railway stations to understand strategic market elements, the nexus between land-use and transportation and innovative value capture mechanisms.
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 22
SUBCONSULTANTS
DAVID GREENSFELDER, GREENSFELDER REAL ESTATE STRATEGY
David Greensfelder, named a Top Retail Influencer for 2021 by GlobeStreet, is the founder and Managing Principal of Bay Area-based Greensfelder Real Estate Strategy. David is a specialist in economic development and redevelopment
planning, retail resiliency, understanding retail opportunities by differentiating between commodity and specialty retail, and analyzing the impacts of competing retail channels on bricks-and-mortar storefronts. David recently authored the Market Analysis chapter for Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great
Communities (ULI, 2021), the Retail Revolution and Retrofit chapter for Brownfields and Economic Development (McFarland, April, 2021), and the Retail and Last Mile narrative in ULI-pwc’s 2019 Emerging Trends in Real Estate where he discussed how influencers, platforms, an evolving landlord -tenant relationship, a new equilibrium between retail and other product types is reshaping the retail landscape, and how the “last mile” is the least understood and biggest force impacting all product types. David serves on National Academy of Sciences NCHRP research panels a s an urban economics and last -mile expert including a current study on Last Mile Implications for 21st Century Communities’ Land Use, Design, and Transportation Systems. David has driven more than 325 development projects spanning 6.5 million SF and a finish market value estimated at over $1.25 billion.
David frequently lectures at UC Berkeley’s Fisher Center for Real Estate and Urban Economics and MRED+D programs (where he is a Distinguished Visiting Fellow), the Haas Graduate School of Business, at USC’s Lusk Center for Real Estate Development, and teaches ULI’s Mixed-use Development Best Practices Professional Development program. He is a Director of Satellite Affordable Housing Associates and the Center for Creative Land Recycling, is an active ULI member (Urban Revitalization Council, Advisory Services, Education programs, and UrbanPlan and UP4PO steering committee, instructor, and trainer), and ICSC’s P3 National Steering Committee. David graduated from Pitzer College (The Claremont Colleges) with a degree in Business Economics, and the SciARC Foundation Program.
David Greensfelder will lead analysis and advisory work related to retail conditions and opportunities for the Dublin effort.
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Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 23
TAWNI SULLIVAN, COMMERCIAL REAL ESTATE SPECIALIST
Tawni Sullivan is a veteran of over 30+ years in the
Commercial Real Estate industry, including a focus on the life sciences industry. She is a strategic thinker, while driving the mission of an organization for exceptional outcomes for both the Client and Tenants. Tawni is an inspirational leader, helping others extend their thinking, and able to drive material business advantages. She supports a culture that fosters collaboration, engaging a Leadership team to inspire people to do their best work, and then ensuring everyone has the tools and training to gain successful results. Her responsibilities to an organization also include mitigating risk and ensuring a monetary return. Past experience has included Alexandria Real Estate Equities, developer of worldclass Life Science assets. Prior to joining ARE, Tawni served as the Associate Managing Director - Asset Services at CBRE, and prior, as the Vice President of CAC Real Estate Management Co., Inc., both of whom are engaged to provide services for institutionally backed fi nancing of many sectors of real estate, including office, industrial, retail, tech and life sciences."
Tawni dedicates her time as the Chair of CREATE, an alliance with NAIOP, IREM, and BOMA Oakland East Bay which is committed to developing a workforce for the future of Commercial Real Estate.
Tawni Sullivan will provide expert advisory services related to commercial real estate opportunities and policies, especially regarding the life sciences industry.
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§ S TRATEGY AND P LANNING
§ M ARKET AND L OCATION I NTELLIGENCE
§ D EVELOPMENT M ANAGEMENT
G REENSFELDER C OMMERCIAL R EAL E STATE L LC
S AN F RANCISCO B AY A REA | W ASHINGTON , DC
(415) 696- 6767 | WWW . GREENSFELDER . NET
QUALIFICATIONS, SIGNIFICANT PROJECTS, AND CLIENTS
ABOUT GREENSFELDER REAL ESTATE STRATEGY
Greensfelder Real Estate Strategy works across North America providing strategic planning, market analytics and location intelligence, and real estate development services to communities, institutions and investors, and occupiers where there is a nexus between commercial districts and retail, and urban planning and economics. Always focused on practical solutions and implementation, GRES pioneered Retail Resilience™, a quadruple bottom-line discipline for creating lasting retail vitality, and dynamic, flexible, and adaptable retail strategies and recommendations for communities, owners, and retailers. GRES significant assignments include developing comprehensive retail and economic development strategies for San Jose, California’s Citywide and Downtown Retail Studies (winner of the APA California Northern Section 2020 Urban Design Award of Excellence), Boulder, Colorado’s Citywide Retail Strategy, Washington, DC’s central business district C19 resilience strategy, large scale mixed-use project implementation plans in Honolulu and Silicon Valley, market strategies for retailers and REITs such as a Bronzeville (Chicago, IL) retail positioning plan, and repositioning programs for “dead” malls including Cupertino’s Vallco Fashion Square, Newark’s NewPark Mall, Honolulu’s Windward Mall, and West Des Moines’ Valley West Mall. Having driven more than 325 development projects spanning 6.5 million SF and a finish market value estimated at over $1.25 billion, GRES frequently advises on mixed-use project implementation, land- use and entitlement consulting, and occupier services (both mature and pre-IPO emerging companies). Managing Principal David Greensfelder, named a Top Retail Influencer by GlobeStreet in 2021, is a specialist in economic development and redevelopment planning, retail resiliency, understanding retail opportunities by differentiating between commodity and specialty retail, and analyzing the impacts of competing retail channels on bricks-and- mortar storefronts. More information is available at www.greensfelder.net.
PRIMARY CONSULTING AREAS and THOUGHT LEADERSHIP
¨ Economic Development Strategy including Retail Resilience™ and Sustainability § Large and small-scale strategic planning, and implications for communities § Multichannel and omnichannel retail and impacts on bricks-and-mortar retail § Emerging trends, market analysis, market entry, location intelligence § Thriving downtown districts
§ Commodity and specialty retail differential analysis, and applications to district/project positioning ¨ Transformative Real Estate Planning and Strategy
§ Redevelopment planning
§ Managing sales tax impacts from an evolving retail marketplace § Mixed-use: best practices for integrating commercial uses in mixed-use environments § Positioning/repositioning and strategy for projects that once worked but now don’t (including repositioning of “dead malls”)
¨ Owner’s Representative (Program Management and Fee Development Services) § Retail, office, and mixed-use projects
§ Location intelligence, due diligence and risk assessments, and development services ¨ Expert Witness, Litigation Support, and Dispute Resolution (please ask for details and references)
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RECENT PROJECTS, PUBLICATIONS, AWARDS AND ONGOING RESEARCH ¨ David Greensfelder named a Top Retail Influencer for 2021 by GlobeStreet ¨ Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great Communities Market Analysis chapter contributor (ULI, March, 2021)
¨ Brownfields and Economic Development Retail Revolution and Retrofit chapter contributor (McFarland, April, 2021)
¨ Last Mile Implications for 21st Century Communities’ Land Use, Design, and Transportation Systems, National Academy of Sciences Transportation Research Board NCHRP 08-134 Project Advisory Panel ¨ National Cooperative Highway Research Program 08-134: Integrating Freight Movement into 21st Century Communities’ Land Use, Design, and Transportation Systems (ongoing) ¨ APA California Northern Section 2020 Urban Design Award of Excellence for the San Jose Downtown Design Guidelines and Standards
¨ ULI/PwC Emerging Trends in Real Estate 2019, Author, Retail and Last Mile Distribution Trends Sections ¨ Interviews in and contributions to articles in the Los Angeles Times, Costar, Connect Media, Globe Street, Shopping Centers Today, Bisnow, Retailsphere, Real Perspectives Blog, and other industry publications.
SELECTED PROJECTS AND AWARDS, and REPRESENTATIVE CLIENT LIST Economic Development and Redevelopment Planning Strategy … for Communities ¨ Ascent Environmental – Planning and economic development projects (team) ¨ BAE Urban Economics – Various economic development projects (team) ¨ Belt Collins – Economic and community development project (team) ¨ Camoin Associates – Economic studies (team)
¨ City of Albany, California – Economic Development Strategic Plan ¨ City of Albuquerque – On-call Planning Services Bench ¨ City of Bellevue, Washington – Citywide Retail Study and Strategy ¨ City of Boulder, Colorado – Citywide Retail Study
¨ City of Calistoga, California – Business and Retail Strategy Study (3 assignments) ¨ City of Capitola, California – Address regional mall competitiveness and reuse in changing retail landscape ¨ City of Chicago, Illinois – Bronzeville market analysis and risk/politics assessment ¨ City of Chicago, Illinois Planning and Urban Design Division, Department of Housing and Economic Development – Retail strategy
¨ City of Cupertino, California – Retail market/focus sites feasibility study and Vallco Mall redevelopment strategies for a general plan update, and ballot initiative (§ 9212) analysis ¨ City of Dublin, California – Downtown Specific Plan implementation; CC&R amendment and restatement ¨ City of El Cerrito, California – San Pablo Avenue PDA Specific Plan Update and Corridor Study ¨ City of Foster City, California – Commercial real estate market and opportunity site analysis ¨ City of Fremont, California – Irvington District Land Use Conversion Study; expert planning commission and city council testimony about pending mixed-use project applications ¨ City of Indio, California – Highway 111 Corridor Study Specific Plan ¨ City of Kansas City, MO/KS MSA – Retail market assessment and market entry study for a public REIT ¨ City of Kansas City, Missouri – North Loop ULI Advisory Services Panel ¨ City of McKees Rocks, Pennsylvania – Community Rebuilding ULI Advisory Services Panel ¨ City of Lone Tree, Colorado – Entertainment District Master Planning ¨ City of Los Angeles, California – Ventura-Cahuenga Boulevard Corridor Specific Plan Market Study, and DCP Economics On-call Bench
162
¨ City of Los Banos, California – Market entry study for a new Costco Warehouse ¨ City of Milpitas, California – Best practices for integrating commercial into mixed-use projects, and Milpitas Gateway/Main Street Specific Plan
¨ City of Mineral Wells, Texas – Community Plan and Economic Development Overview ¨ Cities of Morgan City and Berwick, Louisiana – Building the Foundation for a New Economy ULI Advisory Services Panel
¨ City of Morgan Hill, California – Economic Blueprint
¨ City of Newark, California – Regional mall repositioning and city-wide retail positioning ¨ City of North Salt Lake, Utah – Town Center Study
¨ City of Oakland, California – Broadway-Valdez Specific Plan peer review panel ¨ City of Olympia, Washington – Capital Mall Triangle Sub-area Plan ¨ City of Pacifica, California – On-call planning and economic development consulting ¨ City of Pearland, Texas – Citywide Retail Strategic Plan ¨ City of Petaluma, California – General Plan Update
¨ City of Portland, Oregon – Economic and Real Estate Analysis Bench ¨ City of Provo, Utah – Provo Town Center Mall evaluation and repositioning strategy ¨ City of Redwood City, California – Downtown retail and hospitality evaluation ¨ City of San Carlos, California – Downtown redevelopment project evaluation ¨ City of San Francisco – Planning and Mayor’s Office Benches ¨ City of San Jose, California – Citywide Retail Study with Downtown and North SJ implementation strategies, and San Jose Flea Market Relocation
¨ City of San Ramon, California – Economic Development Specific Plan and General Plan updates ¨ City of Santa Clara, California – Corridor study and retail revitalization assessment; Downtown Precise Plan ¨ City of Sunnyvale, California – Economic Development Specific Plan ¨ City of Taylorsville, Utah – Commercial Centers Master Plan and Feasibility Study ¨ City of Vacaville, California – Downtown Specific Plan ¨ City of Vancouver, Washington – Commercial Corridors Strategy ¨ City of Waukee, Iowa – Waukee/Kettlestone Market Update ¨ Cities of West Des Moines and Clive, Iowa – University Avenue Corridor Study ¨ City of Westminster, Colorado – Citywide Retail Strategy and Master Plan ¨ City of Winder, Georgia – Downtown Plus Plan
¨ Community Attributes – Economic studies (team)
¨ Confluence - Various economic development and corridor studies (team) ¨ County of Maui, Hawaii – South Maui Community Plan
¨ County of Ventura, California – Channel Islands Harbor Visioning and Market Study ¨ Estolano Advisors – Economic Development and Master Planning (team) ¨ First Carbon Solutions – Economic Development Specific Plan and General Plan updates ¨ Jon Stover & Associates – Economic development and Main Streets ¨ Leland Consulting Group - Various economic development projects (team) ¨ MIG – Various economic development projects (team)
¨ MTA/ABAG (SF Bay Area) – Regional Planning Consulting Bench, and One Bay Area Plan retail task force advising on best practices for integrating commercial into priority development areas ¨ Office of Hawaiian Affairs – Kaka’ako Makai Retail Strategy ¨ Port of San Francisco, California – Pier 29 Cruise Terminal Feasibility Study and Business Plan ¨ Raimi + Associates – General Plans (team)
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¨ SACOG Civic Lab – Sacramento-area commercial corridors study ¨ Sargent Town Planning – Visioning strategy and market feasibility study (team) ¨ Site Works – Field work and analysis for retail investment and redevelopment projects (various) ¨ State of Hawaii Office of Hawaiian Affairs – Kaka’ako Makai Retail Feasibility Study ¨ State of Maine Department of Economic and Community Development – Retail Trends and Domestic Exports Strategy Report
¨ Strategic Economics – Various economic development projects (team) ¨ University of Hawaii at Manoa, Honolulu, Hawaii – Real estate on-call bench ¨ Urban Field Studio – Various land planning, program development and economics projects (team) ¨ Valley Transportation Authority (SF Bay Area) – On-call economics and planning bench ¨ Wasatch, Utah Regional Council/Utah Dept. of Transportation – Land-use and economics on-call bench ¨ Washington, DC – Rock Creek West planning area housing affordability study ULI Advisory Services Panel ¨ Washington, DC – Central Business District COVID-19 Resiliency and Equity ULI Advisory Services Panel ¨ WRT – Various economic development projects (team)
Market and Location Intelligence, and Program and Development Management … for Users ¨ AlterG, Inc. – Retail prototype development, and market entry strategy and financial analysis ¨ Catalyze, LLC – Program management for C19 resilient office space in the San Francisco Bay Area ¨ Community Foods Market – “Food Desert” real estate market study, and program management overseeing development and opening of a community grocery store in Oakland, California ¨ Crown Books – Programmatic retail expansion development strategy and implementation ¨ CVS/Health – San Francisco Bay Area new market entry analysis, strategy, and implementation of programmatic new store development program; integration analysis for Long’s Drug Stores acquisition ¨ Decathlon – U.S. market entry strategy for French sporting goods retailer ¨ Eatzi’s (Brinker International) – Programmatic retail expansion development strategy and implementation ¨ Group 4 Architecture Research and Planning – Redevelopment program management ¨ Halo Top Creamery – Retail program and new store development and initial store rollout ¨ High Tech Burrito – Programmatic retail expansion development strategy and implementation ¨ Longs Drug Stores – Programmatic retail expansion development strategy and implementation ¨ PG&E – Retail potential analysis for conversion of a decommissioned brownfield site ¨ Silicon Valley “Big 4” tech company – Campus master plan feasibility study and master planning ¨ Sungevity, Inc. – Program management for 75,000 SF office HQ redesign and remodel, and out-of-state site location and 75,000 SF new facility development (winner of the Kansas City CSI’s Excellence in Design Award, 2016)
¨ TruLocal.com (Boss Holdings) - Founding Advisor, Local Retail ¨ Uniqlo (Fast Retailing) – U.S. market entry strategy for Japanese clothing retailer
Market Analysis and Strategy … for Owners and Investors ¨ Eigen10 Advisors – Project evaluation and highest and best use analysis ¨ Borel Private Bank & Trust Company – Project asset and development management ¨ Boston Private Bank & Trust Company – Project asset and development management ¨ Ohio STRS – Analysis for shopping center repositioning and potential mixed-use addition/redevelopment; site planning and development pro-forma sensitivity analysis ¨ Privately Held Development Firms – Retail potential analysis for mixed-use development; Analysis of potential for the success of a planned mixed-use project 164
¨ Ramco Gershenson – Retail market evaluation and investment potential analysis ¨ Scanlan Kemper Bard – Redevelopment program for WestGate San Leandro, a 675,000 SF mixed-use retail-office project
¨ Tuscola Outlet Center – Acquisition risk assessment and underwriting for a regional outlet center ¨ Wrightwood Capital – Pre-foreclosure market positioning analysis for a 350,000 SF regional power center ¨ Family Offices/VC Firms – Venture-backed start-ups, project repositioning, project entitlements, and anchor retail tenant negotiation of business and lease terms (new stores and repositioning) ¨ Hedge Funds – Angelo Gordon, Bain & Company, Boston Consulting, DB Zwirn, Harris Assoc., HIG Capital, Karsch Capital, KDI Capital Partners, QVT Financial LP, SAC Capital, Scout Capital, Sheffield Mgt, Sigma Capital Mgt, Teton Capital, Wellington Mgt, and Whale Rock Capital Mgt LLC
Market Analysis and Program Management … for Owners and Developers ¨ Athenian Razak – Various Philadelphia, PA and Camden, NJ retail projects ¨ Black Equities – Project asset and development management; 1031 exchange management ¨ Bridge Housing – Integration of commercial in a mixed use project ¨ Burlingame Plaza Owners’ Association – Shopping center repositioning and remodel (scope-of-work, budget, and planning)
¨ CallisonRTKL – Integration of commercial in large mixed-use districts ¨ Draper & Kramer – Trade area definition and retail sales potential analysis for large-scale redevelopment project in Chicago, Illinois
¨ Dutra Cerro Graden – Development of financial modeling tools for a real estate firm serving community benefit organizations
¨ Hunt Companies – Oah’u BRAC redevelopment master planning, strategy, and feasibility analysis ¨ The Irvine Company – Property acquisition strategy
¨ Kamehameha Schools (Bishop Estate) – Supportable commercial determination, strategy, and retail integration for large, urban mixed-use redevelopment districts (Kapalama, Kaka’ako, He’eia, Mo’ili’ili) ¨ LandMark Retail Group – Fortune 20 retailer development strategy and execution ¨ Long Island (NY) Mixed-use – Planning consulting for redevelopment of a former hospital site including budget and schedule, entitlement, anchor tenant leasing ¨ Lili’uokalani Trust – Keahuolu Properties and Makalapua District Market Demand Study and Retail Strategy ¨ Lyon Homes – Integration of commercial in a mixed-use project ¨ The Prado Group – Retail tenant negotiation
¨ Pulte Homes – Integration of commercial in a horizontally-integrated mixed-use project ¨ Raintree Partners – Integration of commercial in a vertically-integrated mixed-use project ¨ Scannell Properties – Analysis for acquisition and redevelopment of an Oakland, California site ¨ SummerHill Apartment Communities – Analysis of potential retail uses and accompanying site plan recommendations for a 26-acre vertically-integrated mixed-use project ¨ Tuscola Outlet Center (Illinois) – Redevelopment underwriting and strategic plan ¨ Warmington Homes – Analysis and recommendations for commercial feasibility in mixed-use projects
Expert Witness Engagements
¨ Retail lease dispute between an institutional landlord and a national tenant (report, deposition, and testimony at trial; favorable outcome)
¨ Retail trends related to ESOP disputes (cases variously settled or ongoing)
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EDUCATION AND SPEAKING ENGAGEMENTS
¨ UC Berkeley Haas Graduate School of Business
¨ UC Berkeley Graduate College of
Environmental Design
¨ UC Berkeley MRED+D Distinguished Visiting
Fellow and Lecturer
¨ USC Lusk Center for Real Estate Studies
¨ San Jose State University, Department of Urban
and Regional Planning
¨ ULI School of Professional Development
¨ ULI UrbanPlan (Volunteer and Trainer)
¨ ULI UrbanPlan for Communities (Instructor)
¨ American Planning Association
¨ International Downtown Association
¨ Urbanism Next Conference
¨ Non-Profit Housing Association of Northern
California (NPH)
¨ National League of Cities
¨ California League of Cities
¨ AIA/SF
¨ SPUR, San Francisco
¨ Local Government Commission
¨ Silicon Valley Economic Development Alliance
(SVEDA)/Joint Venture Silicon Valley
¨ East Bay Economic Development Alliance
¨ Bay Area Planning Director’s Association
¨ KB Home Community Advisory Board
¨ Bay Planning Coalition
¨ Connect Silicon Valley
¨ Oakland Chamber of Commerce Retail
Advisory Committee (ORAC)
¨ Northern California Apartment Summit
¨ California Building Conference
¨ ICSC Programs: Northern California Alliance
Program (chair/speaker/ moderator), San
Francisco IDEX (chair/speaker/moderator),
Monterey IDEX (speaker/moderator), ReCon
(moderator), Bay Area Local Programs (chair),
Los Angeles Local Programs (speaker),
University of Shopping Centers (faculty)
¨ Cities of Capitola/Capitola Chamber of
Commerce, Hayward (CV-19 resiliency)
Hercules, Merced, Morgan Hill, and Suisun City
RECENT PRESENTATIONS AT PROFESSIONAL CONFERENCES AND GROUPS ¨ The Fall of the Mall (California Land Recycling Conference) ¨ A Retail Resilience-guided COVID-19 Response Rubric
¨ Retail and Mixed-use Best Practices (ULI Professional Development Program and Webinar) ¨ Goodbye, Main Street? (SPUR SF)
¨ How Technology is Affecting Retail and Urban Real Estate Development ¨ Potential Impact of Emergent Technologies on Freight Related Land-Uses in Urban Areas ¨ Planning for Retail in an On-line World
¨ Urban Planning and Place-making for Dynamic Communities (APA approved for AICP CM credits) ¨ San Jose’s Approach to Retail Restructuring
¨ The Changing Nature of Retail and Its Impacts on Local Governments ¨ The ABC’s of the XYZ Generations: The Essential Guide to Understanding, Communicating and Marketing to Demographic Alphabet Soup
¨ The Urban Core: Analysis of Development, Investment & Financing Opportunities in San Francisco ¨ The New Normal…How Retailers Think: A Public Sector Primer on the Retailer Decision Process ¨ Omni-channel Marketing: A Seamless Approach to Retailing Across Channels, from Social Media to Bricks & Mortar
¨ AIA/SF Strategic Growth Symposium – Economic Outlook. ¨ Rediscovering Main Streets and Strategies for a Thriving Downtown. ¨ Factors Affecting the Viability of Retail in Mixed-use Projects. ¨ Planting Your Vision in the Ground: Getting Good Projects to Pencil Out. ¨ Retail Site Selection Decisions – The Inside Story.
¨ Exploring the Feasibility of a Merger, the AHA/Satellite Experience. 166
¨ Maximizing Retail During Changing Times – A Post Redevelopment Primer. ¨ Building Livable Communities: From the Vision to the Ground – Making Smart Growth Pencil Out. ¨ SB375 and One Bay Area Plan Implementation and Implications.
OTHER PROFESSIONAL AFFILIATIONS AND INVOLVEMENT
¨ Urban Land Institute (full member):
§ UrbanPlan and UrbanPlan for Public Officials Steering Committees, UrbanPlan for Public Officials Instructor, Volunteer Trainer, Classroom Volunteer, School Champion § Advisory Services (national panels)
§ Education/Real Estate Instruction Programs – Mixed-use and Retail Best Practices, Instructor § Urban Revitalization Product Council
¨ National Academy of Sciences – Transportation Research Board Project Advisory Panel Appointee § National Cooperative Highway Research Program 08-134: Integrating Freight Movement into 21st Century Communities’ Land Use, Design, and Transportation Systems (ongoing) § National Cooperative Highway Research Program 08-111: Effective Decision Making Methods for Freight-Efficient Land Use (complete)
¨ International Council of Shopping Centers (member):
§ P3 North American Steering Committee
§ Past State Retail Chair, and co-founder and Past Chair N. Calif. Alliance Program § Northern California Program Committee (1994-present); past Program Committee Chair
¨ Satellite Affordable Housing Associates Board of Directors: Finance Committee, Development Committee (Past Chair), Audit Committee, Past VP and Executive Committee member, Merger Task Force ¨ Center for Creative Land Use Recycling: Board of Directors, Finance Committee, executive director search ¨ Oakland Retail Advisory Committee and Oakland Land Use Committee, Founding Member ¨ Bay Area Council Member Representative / Legislative Retreats ¨ Shopping Center World Editorial Advisory Board
CONTACT INFORMATION
David Greensfelder, Founder and Managing Principal
¨ San Francisco Bay Area +1 415 696 6767 | Washington, DC +1 202 422 2663 ¨ Direct +1 510 708 8927 | Facsimile +1 510 900 1590
¨ Email: [email protected]
¨ Web: www.greensfelder.net
¨ LinkedIn: www.linkedin.com/in/davidgreensfelder
¨ Twitter: @dgreensfelder
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Tawni Frank Sullivan
C: 415 850 -4917 | [email protected]
CAREER SUMMARY
Accomplished Real Estate Executive with over 33 years of commercial real estate experience.
Results oriented individual who operates with the business outcomes in mind, while ensuring the best Owner, employee and tenant experience. Demonstrated record of successfu lly leading and engaging a diverse team . Provides strategic oversight and guidance, effectively communicating to management and teams, to drive continuous improvements.
PROFESSIONAL HIGHLIGHTS
• CBRE - Highest Performing Market in the company since commencement of Co-Leadership at CBRE (6 years in a row) 2014-2019
• Recognized as a Business Times and Allen Matkins, Northern California RE Women of Influence (2019) • Recognized as a Top Talent recruiter nationally at CBRE (2020) • Board Chair of CREATE (an alliance of 4 industry organizations, partnering with SFSU); Supported development of curriculum to create awareness of all aspects of CRE as a potential career. CREATE has provided opportunities and classroom experience for over 400 students
• Past CO-President of TMASF Connects Board, working to increase transportation alternatives for the occupants of Commercial Real Estate Buildings in San Francisco
PROFESSIONAL EXPERIENCE
Alexandria Real Estate
Senior Vice President, Asset Services 8/2021 - 1/2023 • Provide strategic oversight to the Asset Services team and Life Science portfolio (9M square feet, 17 employees). • Ability to establish cross functional collaborative relationships with other teams and workgroups, which included:
Construction, project management, accounting, finance, acquisitions/dispositions • Strong organizational and time management skills, with the ability to cope with conflict caused by competing priorities. • Maintain ongoing relationship with JV Clients, ensuring objectives are understood and met. • Drive continuous improvement.
• Comfortable working side by side with the team, when needed, and proven collaborator.
CBRE 12/2013 - 8/2021
Associate Managing Director, Asset Services
• Responsible for the financial performance of SF Bay Area Asset Services (52M sq.ft, 240 employees, & over 50 Clients). • Provide strategic direction of 52 M sq.ft. portfolio of office, industrial, retail and life science projects. • Strategic Leadership; leading employees to think like the Owner, driving results based on specific Ownership objectives. • Engaged with National client focused groups, specific to retail platform, ensuring consistent performance based on data driven decisions.
• Detailed oriented with emphasis on process, quality and cost. • Maintains ongoing relationship with Clients, ensuring objectives are met. • Focused on the development of internal personnel to keep turn over low and engaged employees.
CAC Real Estate Management Co., Inc 1994 -12/2013 Vice President (2008-2013)
• Oversight of Operations, Staffing and Procedures for 11M square feet of Commercial Real Estate between San Francisco Bay Area and Seattle, Washington.
• Responsible for developing Policy and Procedures used throughout the Organization. • Drove business results based on measurable initiatives and metrics.
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Tawni Frank Sullivan
C: 415 850 -4917 | [email protected]
CAC Real Estate Management Co., Inc (cont’d)
Director of Property Management (2003 -2008)
• Developed Leadership teams for consistent oversight of Policy and Procedures. • New Business Development presentations.
• Worked to develop checks and balances throughout the Organization. • Recommend Strategy and tactics for Achieving Client Objectives.
Portfolio Manager (1999-2003)
• Oversee Daily Operations and Financials for multiple projects and Clients. • Focused on developing integration with accounting and management processes. • Direct operations to meet revenue and operating targets of the Client.
Property Manager (1994-1999)
• Managed day-to-day operations of projects including lease administration, maintenance, and repair, janitorial, security, engineering, and life-safety.
• Responsible for annual budget preparation and year-end reconciliations, and monthly financial reporting. • Effective knowledge of construction to coordinate and oversee all construction work. • Supported the leasing and marketing program for the project(s). Ensured positive relations with listing brokers and outside agents. Participated in lease negotiations as necessary and monitored development of lease documents. • Directed and monitored legal counsel's production of legal documents and other legal activities including litigation. • Responsible for hiring, training, motivating and managing building personnel. Prepared and conducted performance evaluations.
Northwest Asset Management 1990 - 1994
Property Assistant
Assistant Property Manager
• Responsible for establishing and maintaining a proactive tenant relations program. • Monitored and ensured that tenants and vendors complied with insurance requirements and coordinate all claims as required.
• Managed tenant leases, particularly with clauses affecting the operation of the building.
EDUCATION
California State University, Sacramento
Bachelor of Science Degree in Business, Marketing Concentration
BOMA International
Real Property Administrator (RPA) designation
BOMA International
Facilities Manager (FMA) designation in process
CA Real Estate License #01204153 (in process of renewal) 169
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 33
QUALIFICATIONS AND REFERENCES
References
References for Strategic Economics and Greensfelder Real Estate Strategies are shown in the project qualification examples on the following pages.
References for Tawni Sullivan are as follows:
Mary Wiese, Former Founder of CAC Real Estate Management, Inc. 415 518-9488
[email protected]
Peter Sullivan - Peter Sullivan Associates, Inc.
415 362-1700
[email protected]
Project Qualification Examples
Examples of Strategic Economics’ completed projects similar to the Dublin Economic Development Strategy and Economic Development Element Update include the following:
1. City of South San Francisco General Plan Update
2. East Bay EDA “East Bay Forward” Study and Strategy
3. City of Rancho Cucamonga General Plan Update
4. City of Milpitas Economic Development Strategy
5. City of Alameda Economic Recovery Strategy Task Force
6. City of Santa Cruz Economic Development Strategy
7. City of Culver City Economic Development Implementation Plan
8. City of Cupertino Economic Development Strategy
9. City of Memphis, Tennesse Comprehensive Plan
10. City of Alameda Economic Development Strategic Plan
11. City of Pleasanton Economic Development
12. City of Burlingame General Plan Update
13. City of East Palo Alto General Plan Update
14. City of San Leandro General Plan Update
15. East Bay EDA “Building on Our Assets” Economic Study and Strategy
16. City of Redwood City General Plan Update
17. City of Long Beach General Plan Update
The following pages describe detailed project examples that illustrate the relevant experience of Strategic Economics and subconsultant Greensfelder Real Estate. Each project example includes a reference contact.
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Milpitas Economic Development Strategy
Strategic Economics developed a five -year economic development strategy that leveraged Milpitas’ unique strengths and economic role within the Bay Area economy, as determined through extensive data analysis, community engagement, and focus group interviews.
Client: City of Milpitas
Location: Milpitas, California
Start Date: 07/2019
End Date: 04/2020
Reference:
Alex Andrade
Economic Development Director
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
P: (408) 586-3046
E: [email protected]
Strategic Economics prepared an economic development
strategy to guide the City of Milpitas’ short -term recovery from the COVID-19 pandemic and subsequent economic development efforts over the next five years.
Milpitas retained Strategic Economics to provide a road map to grow and diversify the City’s economy, support businesses and workers, and improve quality of life. The City especially sought to identify opportunities associated with introduction of a new BART station, to attract innovation -focused businesses, and to better align local jobs with the City’s highly -skilled residents—many of whom currently commute to Silicon Valley communities.
Strategic Ec onomics completed extensive data analysis of the City’s industries and economic performance, small businesses, workforce, real estate market conditions, and fiscal conditions.
Strategic Economics also conducted extensive stakeholder and community engagement, including a community workshop and online survey, a series of industry - and topic -specific focus groups, interviews, and outreach to business organizations.
Based on the insights gained from these efforts —and
subsequent consideration of supporting the economy during recovery from the COVID -19 pandemic —Strategic Economics developed an economic development strategy that focuse d on supporting small local businesses, support ing reinvestment in retail centers, and collaborations to support the workforce .
Strategies also focused on growing innovative industries by leveraging BART access and the City’s unique role as an advanced manufacturing and R&D center that leverages access to a surrounding diverse regional workforce.
TYPICAL INNOVATION CYCLE OF A NEW MANUFACTURED PRODUCT
171
East Bay Industrial Land Use Toolkit
Strategic Economics is working with the East Bay Economic Development Alliance (EBE DA) to prepare a land use policy toolkit for East Bay communities to use to foster growth in four key innovation related industries including life sciences, manufacturing, logistics, and transportation.
Client: East Bay Economics
Development Alliance
Location: Alameda and Contra Costa
Counties, California
Start Date: November 2022
End Date: In progress
Reference:
Stephen Baiter, Executive Director
East Bay Economic Development
Alliance
1221 Oak St. Suite 555
Oakland, CA 94612
P: 510-272-3874
E: [email protected]
Strategic Economics has prepared a snapshot of industry and real estate market trends for the East Bay, which includes Alameda and Contra Costa Counties. We are now preparing a toolkit to ensure that there will be appropriate land use policies, programs, and capital investments in place to support the East Bay’s ongoing economic growth and resiliency.
While the COVID-19 pandemic disrupted many sectors of the East Bay economy, manufacturing, life sciences, logistics, and transportation have continued to grow. The EBEDA wants to sustain this momentum by providing East Bay communities with information about the best tools to use to support these dynamic industries. These tools must also address factors such as climate change, California’s move towards renewable energy, and the ongoing competition between housing and industrial activities for scare land resources.
Strategic Economics has used data analysis, a literature review , stakeholder interviews, case studies, and focus groups to identify the type of tools East Bay communities can use to support ongoing growth in their key industries. The toolkit will offer a variety of tools to reflect the diverse East Bay community contexts, while also leveragi ng each community’s strengths to create a stronger regional economic “eco system.”
To date our work has helped East Bay communities see a clearer link between their land use policies and their economic development initiatives and to more fully understand that the region has the potential to capture more economic growth especially for many innovation -driven industries The final deliverable will be a toolkit website.
EAST BAY INDUSTRIAL ECOSYSTEM
172
South San Francisco General Plan Update
Strategic Economics authored the City ’s new Economic Development Element after completing economic, market, fiscal, and financial feasibility analyses to examine displacement risks, assess tradeoffs between growth of life science versus residential or industrial land use, and establish mechanisms to ensure future development activity provides equitable benefits for residents.
Client: City of South San Francisco
Location: South San Francisco, CA
Start Date: 05/2019
End Date: 10/2022
Reference:
Billy Gross, Senior Planner
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94080
P: (650) 877-8535
E: [email protected]
South San Francisco is home to the Bay Area’s premier bio - technology cluster. But the city has historically been a community with a large quantity of industrial land uses, and its neighborhoods are home to many low - and moderate- income households. In addition, most of the City’s historic industrial uses are in low lying areas that are subject to flooding and will increasingly experience sea level rise.
Strategic Economics worked with the community, City staff and the consultant team to craft a new General Plan that incorporated social equity and resiliency, updated the City’s Economic Development Element, and ensured future growth benefit s the City’s residents.
Our work included documenting neighborhood change to identify residential areas at risk of gentrification, and evaluating employment trends linked to specific subareas and building types.
A key consideration was how to balance deman d for development sites from biotech businesses while also ensuring housing production and maintaining the City’s role as a regional logistics hub.
Our work also examined fiscal impacts of growth under the General Plan—including fiscal tradeoffs of adding biotech uses versus maintaining industrial uses. We completed a pro forma financial feasibility analysis to inform zoning decisions and the creation of a potential framework incentivizing developers to make community benefits contributions. We also authored an Economic Development Element that supports South San Francisco’s biotechnology industry and longstanding light manufacturing and distribution sectors, while also seeking to diversify the South San Francisco economy. The element also addresses equity concerns, the evolving retail industry, workforce preparedness, and mitigating hazards impacting major employment areas.
SOUTH SAN FRANCISCO EMPLOYMENT IN BIOTECHNOLOGY RELATIVE TO TOTAL CITY EMPLOYMENT, 2009 AND 2018
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Alameda Economic Recovery Task Force and Strategy
Strategic Economics developed a COVID -19 economic recovery strategy through close collaboration with a stakeholder task force, building on previous work developing the City’s current Economic Development Strategic Plan
Client: City of Alameda
Location: Alameda, California
Reference:
Eric Fonstein, Development Manager
City of Alameda
City Hall West
950 West Mall Square, 2nd Floor
Alameda, CA 94501
P: (510) 747-6895
E: [email protected]
Strategic Economics work ed closely with and facilitat ed a local stakeholder task force to develop strategies guid ing the City of Alameda’s economic recovery from the COVID-19 pandemic.
In a prior recent project, Strategic Economics conducted in-depth economic and market analyses, stakeholder focus groups, community workshops, and closely collaborated with a different task force to develop the City’s current Economic Development Strategic Plan (EDSP). Upon the onset of the pandemic, the City again retained Strategic Economics to guide the new economic recovery task force’s work and to develop a short -term strategy that would complement the longer-term EDSP.
Strategic Economics led a series of 12 task force meetings over six months, most of which were focused on specific industr ies, the w orkforce, or topic areas that we re most impacted or transformed by the pandemic. For e ach meeting, Strategic Economics completed qualitative research and examin ed case studies to identify the impacts of the pandemic and projected recovery issues and strategies. This work was complemented by outside economic and workforce data analysis, and focus groups convened by City staff.
Guided by the Task Force, Strategic Economics develop ed the economic recovery strategy content , with a focus on the City’s unique roles in communication, referrals, financial assistance, use of public properties, regul ation, and collaboration and convening. The project ha d an immediate impact as it
proceeded, with City staff implement ing many of the
recommendations in real time.
TASK FORCE WORK PLAN TOPICS AND PROCESS
174
§ S TRATEGY AND P LANNING
§ M ARKET AND L OCATION I NTELLIGENCE
§ D EVELOPMENT M ANAGEMENT
G REENSFELDER C OMMERCIAL R EAL E STATE LLC
S AN F RANCISCO B AY A REA | W ASHINGTON , DC
415- 696- 6767 | WWW . GREENSFELDER . NET
General Plan Update
Petaluma, California
Greensfelder Real Estate Strategy served as part of a team (an approximately $2,000,000.00 contract) updating the Petaluma’s General Plan (ie. its comprehensive plan). Petaluma is home to over 62,000 residents with many family-friendly neighborhoods, beautiful parks, and a vibrant historic Downtown.
Located in idyllic Sonoma County, the City
supports a diverse and quaint mix of small
businesses, food-related industries, an
active arts, culture, and food scene, and
(mostly) single-family housing. The City
offers a charming, quirky, and fun
counterpoint to the Bay Area’s urban core.
Residents might ascribe the City’s success
to its notable history of active, locally-
focused planning. Petaluma is not immune
to challenges, and today Petaluma's
population is more than double what it
was 40 years ago. Nearly all growth has occurred east of Highway 101, creating a problematic east-west division. The City has made clear the urgent and critical nature of this community planning effort, and the need to respond to the community’s desire to create a new vision for Petaluma that maintains the City’s authenticity, allows for appropriate growth, and honors the past.
GRES supported the development of the general plan economic development, housing, arts and culture, and land use elements by performing retail resilience assessments, explaining how retail intersects with forward-looking planning concepts such as 15-Minute Cities, and behavioral economics concepts such as weak links and experience goods. We explained The Future of Retail in a white paper that was also the basis for a community-wide discussion about retail and commercial vibrance. We addressed the poor distribution of goods and services throughout the City including creating connections between key commercial districts.
GRES helped to identify key sites (often obsolete shopping centers) for land use conversion, and then crafted policy recommendations that would encourage a marked-driven evolution to desired uses, increased density, decreased vehicle miles traveled, and mitigated negative impacts on the City’s retail eco- system and its neighborhoods. Our work included extensive stakeholder outreach, collaboration with staff, working with an appointed community task force, and reporting out to the greater community.
Reference
Christina Paul, Principal Policy Planner
T: 707.778.4367
E: [email protected]
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§ STRATEGY AND PLANNING § MARKET AND LOCATION INTELLIGENCE § DEVELOPMENT MANAGEMENT GREENSFELDER COMMERCIAL REAL ESTATE LLC 415-696-6767 | WWW.GREENSFELDER.NET Citywide, Downtown and North San Jose Retail Strategy Update San Jose, California Winner of the APA California Northern Section 2020 Urban Design Award of Excellence Greensfelder Commercial Real Estate was asked to join the team updating San Jose’s citywide, Downtown, and North San Jose retail strategies. The primary objectives for the project included: 1) Preparing a Citywide Retail Strategy that identified opportunities to increase retail sales tax revenues in the City as a whole by identifying new retail sites and/or by applying emerging retail land use thinking to existing centers for repositioning; 2) Identifying a specific retail strategy for Downtown San Jose to inform the Downtown Strategic Plan update, promote connectivity between two distinct retail districts, protect key areas for retail use, assist with retailer recruitment, and contribute to place making and overall quality of life in Downtown; and 3) Developing a retail strategy for North San Jose, one of the City’s fastest growing areas, to inform policy decisions with the additional goals of identifying the best locations for future retail, retailer recruitment, and enhancing the overall quality of life in the District. Reference Tim Rood Nanci Klein Principal City Planner and Assistant Director, Office of Economic Division Manager Development; Director of Real Estate T: 408-535-8122 T: 408-535-8184 E: [email protected] E: [email protected] 176
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 40
FEE SCHEDULE
We propose a total revised budget of $180,025 to prepare the Dublin Economic Development Strategy and Economic Development Element. The following pages show the comprehensive budget and each firm’s billing rates by staff and hours and budget by task.
FIGURE 1: FULL PROJECT BUDGET (INCLUSIVE OF ALL FIRMS AND EXPENSES) Task # Description
Total
Time Total Amount
Hours Dollars
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 11 $2,305
1.2 Kickoff Meeting and Site Visit 20 $5,100
1.3 Project Management and Communication 12 $3,050
Sub Total - Task 1 43 $10,455
Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 83 $12,580
2.2 Commercial Real Estate Market Analysis 89 $14,590
2.3 Retail Analysis, Including Cell Phone Data Analysis 88 $22,300
2.4 Subarea Assessments 42 $6,450
2.5 SWOT Summary 44 $7,465
Sub Total - Task 2 346 $63,385
Task 3 Preliminary Recommendations & Document Frameworks
3.1 Economic Development Strategy Framework Drafts 42 $7,785
3.2 Economic Development Element Framework Drafts 43 $8,095 Sub Total - Task 3 85 $15,880
Task 4 Economic Development Strategy
4.1 Admin Drafts 1-3 102 $17,285
4.2 Public Draft 15 $2,925
4.3 Final Draft 15 $2,925
Sub Total - Task 4 132 $23,135
Task 5 Economic Development Element
5.1 Admin Drafts 1-3 72 $12,695
5.2 Public Draft 12 $2,290
5.3 Final Draft 12 $2,390
Sub Total - Task 5 96 $17,375
Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 17 $3,770
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 55 $12,345
6.3 Community Workshops and Summaries (2) 92 $15,210
6.4 Board Meetings or Study Sessions (3) 68 $13,720
Sub Total - Task 6 232 $45,045
Sub Total - Labor 934 $175,275
Other Direct Costs
Travel Expenses $600
Data $3,200
Workshop Materials $800
Deliverables Printing and Other Miscellaneous $150
$0
Sub Total - Other Direct Costs $4,750
GRAND TOTAL 934 $180,025
177
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 41 FIGURE 2: HOURS, BILLING RATES, AND BUDGET FOR STRATEGIC ECONOMICS
Task # Description
TOTAL
HRS
TOTAL
AMOUNT
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 2 $470 0 $0 5 $750 1 $115 8 $1,335
1.2 Kickoff Meeting and Site Visit 5 $1,175 0 $0 5 $750 0 $0 10 $1,925
1.3 Project Management and Communication 6 $1,410 0 $0 2 $300 0 $0 8 $1,710 Sub Total - Task 1 13 $3,055 0 $0 12 $1,800 1 $115 26 $4,970 Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980
2.2 Commercial Real Estate Market Analysis 6 $1,410 1 $310 50 $7,500 24 $2,760 81 $11,980
2.3 Retail Analysis, Including Cell Phone Data Analysis 4 $940 0 $0 20 $3,000 14 $1,610 38 $5,550
2.4 Subarea Assessments 4 $940 0 $0 20 $3,000 16 $1,840 40 $5,780
2.5 SWOT Summary 6 $1,410 1 $310 30 $4,500 5 $575 42 $6,795 Sub Total - Task 2 26 $6,110 3 $930 170 $25,500 83 $9,545 282 $42,085 Task 3 Preliminary Recommendations & Document Frameworks
3.1 Economic Development Strategy Framework Drafts 7 $1,645 0 $0 30 $4,500 0 $0 37 $6,145
3.2 Economic Development Element Framework Drafts 7 $1,645 1 $310 30 $4,500 0 $0 38 $6,455 Sub Total - Task 3 14 $3,290 1 $310 60 $9,000 0 $0 75 $12,600 Task 4 Economic Development Strategy
4.1 Admin Drafts 1-3 18 $4,230 1 $310 60 $9,000 18 $2,070 97 $15,610
4.2 Public Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255
4.3 Final Draft 4 $940 0 $0 8 $1,200 1 $115 13 $2,255
Sub Total - Task 4 26 $6,110 1 $310 76 $11,400 20 $2,300 123 $20,120 Task 5 Economic Development Element
5.1 Admin Drafts 1-3 12 $2,820 1 $310 48 $7,200 6 $690 67 $11,020
5.2 Public Draft 4 $940 0 $0 6 $900 1 $115 11 $1,955
5.3 Final Draft 3 $705 0 $0 6 $900 1 $115 10 $1,720
Sub Total - Task 5 19 $4,465 1 $310 60 $9,000 8 $920 88 $14,695 Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 10 $2,350 0 $0 5 $750 0 $0 15 $3,100
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 15 $3,525 0 $0 24 $3,600 0 $0 39 $7,125
6.3 Community Workshops and Summaries (2) 24 $5,640 0 $0 50 $7,500 18 $2,070 92 $15,210
6.4 Board Meetings or Study Sessions (3) 24 $5,640 0 $0 36 $5,400 0 $0 60 $11,040 Sub Total - Task 6 73 $17,155 0 $0 115 $17,250 18 $2,070 206 $36,475 Sub Total - Labor 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $130,945 Other Direct Costs
Travel Expenses $400
Data $1,000
Workshop Materials $800
Deliverables Printing and Other Miscellaneous $150
Sub Total - Other Direct Costs $2,350
GRAND TOTAL 171 $40,185 6 $1,860 493 $73,950 130 $14,950 800 $133,295
STRATEGIC ECONOMICS BILLING RATES, HOURS, AND BUDGET
Derek Braun,
Principal-in-
Charge
Dena
Belzer,
Project
Advisor
Arpita Banerjee,
Associate
Gus Stephens,
Research
Analyst
$235 $310 $150 $115
178
Strategic Economics’ Proposal to Prepare the Dublin Economic Development Strategy and Element 42 FIGURE 3: HOURS, BILLING RATES, AND BUDGET FOR GRES AND TAWNI SULLIVAN
Task # Description
TOTAL
HRS
TOTAL
AMOUNT
TOTAL
HRS
TOTAL
AMOUNT
Task 1 Project Kickoff & Management
1.1 Request and Review of Existing Data and Materials 2 $670 1 $300
1.2 Kickoff Meeting and Site Visit 5 $1,675 5 $1,500
1.3 Project Management and Communication 4 $1,340 0 $0
Sub Total - Task 1 11 $3,685 6 $1,800
Task 2 Economic & Market Conditions & Opportunities Analysis
2.1 Workforce, Demographics, and Major Industries Analysis 0 $0 2 $600
2.2 Commercial Real Estate Market Analysis 6 $2,010 2 $600
2.3 Retail Analysis, Including Cell Phone Data Analysis 50 $16,750 0 $0
2.4 Subarea Assessments 2 $670 0 $0
2.5 SWOT Summary 2 $670 0 $0
Sub Total - Task 2 60 $20,100 4 $1,200
Task 3 Preliminary Recommendations & Document Frameworks .
3.1 Economic Development Strategy Framework Drafts 4 $1,340 1 $300
3.2 Economic Development Element Framework Drafts 4 $1,340 1 $300 Sub Total - Task 3 8 $2,680 2 $600
Task 4 Economic Development Strategy .
4.1 Admin Drafts 1-3 5 $1,675 0 $0
4.2 Public Draft 2 $670 0 $0
4.3 Final Draft 2 $670 0 $0
Sub Total - Task 4 9 $3,015 0 $0
Task 5 Economic Development Element
5.1 Admin Drafts 1-3 5 $1,675 0 $0
5.2 Public Draft 1 $335 0 $0
5.3 Final Draft 2 $670 0 $0
Sub Total - Task 5 8 $2,680 0 $0
Task 6 Stakeholder and Decision Maker Engagement
6.1 Progress Meetings with City Staff 2 $670 0 $0
6.2 Industry & Stakeholder Focus Group Workshop Meetings (6) 12 $4,020 4 $1,200
6.3 Community Workshops and Summaries (2) 0 $0 0 $0
6.4 Board Meetings or Study Sessions (3) 8 $2,680 0 $0
Sub Total - Task 6 22 $7,370 4 $1,200
Sub Total - Labor 118 $39,530 16 $4,800
Other Direct Costs
Travel Expenses $100 $100
Data $2,200
Workshop Materials $0
Deliverables Printing and Other Miscellaneous $0
Sub Total - Other Direct Costs $2,300 $100
GRAND TOTAL 118 $41,830 16 $4,900
GREENSFELDER REAL
ESTATE STRATEGY TAWNI SULLIVAN
179
Budget Change Reference #:
From Un-Appropriated Reserves X Budget Transfer Between Funds From Designated Reserves Other
Account Amount Account Amount
10011500.64001 $20,000
9/5/2023
Posted By: Date:
As Presented at the City Council Meeting
**********Finance Use Only**********
CITY OF DUBLIN
Contigency for Economic Development Strategic Plan and General Plan Economic Development Element agreement with Strategic Economics, Inc.
REASON FOR BUDGET CHANGE
FISCAL YEAR 2023-24
BUDGET CHANGE FORM
DECREASE BUDGET AMOUNT INCREASE BUDGET AMOUNT
General Fund - Economic Development - Contract Services City Council's Approval Required
Attachment 5
180
STAFF REPORT
CITY COUNCIL