Dublin City Council
August 20, 2024

Agenda Item 5.11
DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement with Consiliant Technologies, LLC for Software and Equipment Maintenance for Situational Awareness Cameras
Prepared by: Kevin Monaghan, Lieutenant of Investigations and Raelyn Miranda, Administrative Aide
EXECUTIVE SUMMARY:

The City Council will consider approving a new agreement with Consiliant Technologies, LLC for software and equipment maintenance related to situational awareness cameras.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Contractor Services Agreement with Consiliant Technologies, LLC for Software and Equipment Maintenance for Situational Awareness Cameras.

FINANCIAL IMPACT:

The cost of these services is included in the Fiscal Year 2024-25 budget.

DESCRIPTION:

For approximately the last six years, Dublin Police Services has relied on Consiliant Technologies, LLC to provide advanced technical support, maintenance, and upgrades on software and equipment related to their Hitachi situational awareness cameras.

While the Hitachi cameras are currently still in place, Staff have identified a newer camera technology that will provide some needed enhancements and efficiencies to public safety operations. Dublin Police Services seeks to engage Consiliant Technologies for a final contract term through June 2025 and a not-to-exceed cost of $67,591.52 to cover service on the Hitachi products while the new technology is procured and implemented.

STRATEGIC PLAN INITIATIVE:

None.
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Contractor Services Agreement with Consiliant Technologies, LLC for Software and Equipment Maintenance for Situational Awareness Cameras 2) Exhibit A to the Resolution - Contractor Services Agreement Between the City of Dublin and Consiliant Technologies, LLC for Software and Equipment Maintenance for Situational Awareness Cameras
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Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/24 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE CONTRACTOR SERVICES AGREEMENT WITH

CONSILIANT TECHNOLOGIES, LLC FOR SOFTWARE AND EQUIPMENT MAINTENANCE

FOR SITUATIONAL AWARENESS CAMERAS
WHEREAS, Dublin Police Service currently utilizes Consiliant Technologies, LLC to provide software technology support for situational awareness cameras, including archiving and real-time monitoring capabilities; and
WHEREAS, the current agreement with Consiliant Technologies, LLC has expired; and WHEREAS, Dublin Police Services seeks to enter into a new agreement to receive technical support, maintenance, and upgrades related to the City’s current camera technology, for a term ending June 30, 2025 and a not-to-exceed cost of $67,591.52.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Agreement with Consiliant Technologies, LLC attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONTRACTOR SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND CONSILIANT TECHNOLOGIES, LLC
THIS AGREEMENT for software and equipment maintenance and support for all situational cameras Consiliant Technologies, LLC
of July 1, 2024
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves to terminate the Agreement as provided for in Section 8.

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

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

1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor Section 2. COMPENSATION. City hereby agrees to pay Contractor as per the compensation schedule in Exhibit B, notwithstanding any contrary indications that may be contained in Contractor proposal, for services to be performed and reimbursable costs incurred under this Agreement for a not to exceed amount of $67,591.52. In the event of a conflict regarding the amount of compensation between City shall pay Contractor for
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Contractor for services rendered pursuant to this Agreement. The Contractor shall submit all invoices to City in the manner specified herein.

Attachment 2
Exhibit A to the Resolution
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Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:

The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense The total number of hours of work performed under the Agreement by Contractor and each employee, agent, and subcontractor of Contractor performing services hereunder;
;
Contractor shall give separate notice to the City when the total number of hours worked by Contractor and any individual employee, agent, or subcontractor of Contractor reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Contractor and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Contractor and City, if applicable.
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2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Contractor.

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

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

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

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

2.6 [Intentionally deleted].

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

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

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

2.10 [Intentionally Deleted]. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Contractor only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. Contractor shall make a written request to City to use facilities or equipment not otherwise listed herein. 306
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3.1 Safety Requirements. In accordance with generally accepted construction practices and state law, Contractor shall be solely and completely responsible for conditions on the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours.

Contractor shall take all necessary precautions and provide all necessary safeguards to prevent personal injury and property damage. Contractor shall provide protection for all persons including, but not limited to, its employees and employees of its subcontractors; members of the public; and employees, agents, and representatives of the City and regulatory agencies that may be on or about the work.

The services of the City in conducting review and inspection of Contractor's performance is not intended to include review of the adequacy of Contractor's work methods, equipment, bracing or scaffolding, or safety measures, in, on, or near any Contractor jobsite.

All work and materials shall be in strict accordance with all applicable state, city, county, and federal rules, regulations and codes, with specific attention to the United States Department of Labor Occupational Health and Safety Administration (OSHA) requirements. Contractor shall be solely responsible for compliance with all city, county, and state explosive transport, storage, and blasting requirements and for any damages caused by such operations.

Contractor is hereby informed that work on City property could be hazardous. Contractor shall carefully instruct all personnel working on City property that all conditions of the property are potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instructions as are necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to work underground.

In addition to complying with all other safety regulations, Contractor shall abide by any and all other City requirements contained in any specifications, special conditions or manuals, which shall be made available by City upon request.

Contractor shall provide and maintain all necessary safety equipment such as fences, barriers, signs, lights, walkways, guards, and fire prevention and fire-fighting equipment and shall take such other action as is required to fulfill its obligations under this section. It is the intent of the City to provide a safe working environment under normal conditions.

CONTRACTOR IS ADVISED THAT

INHERENTLY HAZARDOUS BECAUSE OF CONDITIONS SUCH AS CONFINED

SPACES, POTENTIALLY EXPLOSIVE ATMOSPHERES, AND POSSIBLE EXPOSURE TO PATHOGENS.

Contractor shall maintain all portions of the jobsite in a neat, clean, and sanitary condition at all times. If required by the City, toilets shall be furnished by Contractor where needed for use of its employees and their use shall be strictly enforced. Contractor shall not use the City's existing sanitary facilities, unless previously authorized by the City. 307
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City of Dublin and Consiliant Technologies, LLC Page 5 of 15 Contractor shall keep adequate first aid facilities and supplies available and instruction in first aid for its employees shall be given.

City reserves the right to require that Contractor bring onto the project or engage the services of a licensed safety engineer at any time during the term of this Agreement. If Contractor does not have a licensed safety engineer on staff, then City may require that Contractor shall bear all costs in connection with meeting the requirements of this section.

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

Contractor shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect.

VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Contractor shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Compensation. 4.1.1 General Requirements. Contractor shall, at its sole cost and expense, maintain Statutory persons employed directly or indirectly by Contractor
not less than $1,000,000 per accident. In the alternative, Contractor may rely on a selfinsurance 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.
of the City for all work performed by the Contractor, its employees, agents, and subcontractors.

4.1.2 Submittal Requirements. To comply with Subsection 4.1, Contractor shall submit the following:
a. Certificate of Insurance in the amounts specified
in the section; and
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4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General Requirements. Contractor, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $2,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.

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

4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Contractor; or automobiles owned, leased, hired, or borrowed by the Contractor.
c. Contractor hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the age shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance 309
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4.2.4 Submittal Requirements. To comply with Subsection 4.2, Contractor shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section.

4.3 All Policies Requirements.

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

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

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

4.3.4 Wasting Policies. No policy required by this Section 4 policy limit (i.e. limit that is eroded by the cost of defense).

4.3.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except 310
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4.3.6 Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

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

Section 5. INDEMNIFICATION AND CONTRACTOR RESPONSIBILITIES. Contractor shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage, claims, expenses, and costs (including without li
its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages, or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions 311
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Section 6. STATUS OF CONTRACTOR.

6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Contractor only insofar as the results of Contractor's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Contractor accomplishes services rendered pursuant to this Agreement. Contractor further acknowledges that customarily engaged in an independently established trade, occupation, or business of the same nature as the Contractor performs for the City, and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

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

Section 7. LEGAL REQUIREMENTS.

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

7.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.

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

7.4 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Contractor represents and warrants to City that Contractor and its 312
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7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the 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, for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.

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

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Contractor.

Contractor may cancel this Agreement upon 30
include in such notice the reasons for cancellation.

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

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

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
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8.4 Assignment and Subcontracting. City and Contractor recognize and agree that this Agreement contemplates personal performance by Contractor and is based upon a determination of Contractor
personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Contractor.

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

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

8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

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

8.6.3 Retain a different contractor to complete the work described in Exhibit A not finished by Contractor; or

8.6.4 Charge Contractor the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Contractor pursuant to Section 2 if Contractor had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

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

9.2 Contractor . Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents 314
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Contractor to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10.1 . 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 hich
that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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

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

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

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

10.6 Conflict of Interest. Contractor may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Contractor
codified at California Government Code Section 81000 et seq. Contractor shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. 315
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City of Dublin and Consiliant Technologies, LLC Page 13 of 15 Contractor hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Contractor was an employee, agent, appointee, or official of the City in the previous 12 months, Contractor warrants that it did not participate in any manner in the forming of this Agreement. Contractor understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Contractor will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Contractor will be required to reimburse the City for any sums paid to the Contractor.

Contractor understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.

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

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

10.9 Notices. Any written notice to Contractor shall be sent to:

Consiliant Technologies, LLC
Attn: Dave Cerniglia
27 Mauchly St. 208
Irvine, CA 92618
Any written notice to City shall be sent to:

City of Dublin
Attn: Police Services
6361 Clark Avenue
Dublin, CA 94568

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

Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses

10.11 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual 316
Services Agreement between July 1, 2024
City of Dublin and Consiliant Technologies, LLC Page 14 of 15 signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.

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

SIGNATURES ON FOLLOWING PAGE
317
Services Agreement between July 1, 2024
City of Dublin and Consiliant Technologies, LLC Page 15 of 15 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 Consiliant Technologies, LLC
Linda Smith , City Manager Dave Cerniglia, CEO
Attest:

Marsha Moore, City Clerk
Approved as to Form:

City Attorney
318
Services Agreement between July 1, 2024
City of Dublin and Consiliant Technologies, LLC Page 1 of 1

EXHIBIT A

SCOPE OF SERVICES
Provide software and equipment maintenance and support for all situational cameras. 319
Services Agreement between July 1, 2024
City of Dublin and Consiliant Technologies, LLC Page 1 of 1

EXHIBIT B

COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Description of Product Rates
SVC Mo Hitachi Video Management SW - Remote Support $1,277.14 SVC Mo Hitachi Video Management SW - Remote Support $4,020.43 SVC SmartCam 600 Weekday Basic Yr-B+ 1Mo $12,384.00
SVC HVP SmartCam 4mm Weekday Basic Yr-B+ 1Mo $4,644.00
VC SmartCam 600 Standard Yr-B+ 1Mo $9,480.00
SVC HVP SmartCam 4mm Standard Yr-B+ 1Mo $6,771.43
Other Software Support $29,014.52
Total Cost for 12 months (7/1/2024 6/30/2025) $67,591.52 320

STAFF REPORT

CITY COUNCIL

Agenda Item 5.12
DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to Legal Services Agreement with Redwood Public Law, LLP, and Appointment of Camilla Getz as Assistant City Attorney
Prepared by: Marsha Moore, MMC, City Clerk
EXECUTIVE SUMMARY:

Redwood Public Law, LLP, has requested that the City Council consider amending its legal services agreement with the City to increase the hourly rate for all attorney services rendered. In addition, pursuant to the legal services agreement, the City Attorney is proposing that the City Council appoint Redwood Public Law associate attorney Camilla Getz to serve as the Assistant City Attorney.

STAFF RECOMMENDATION:

Approve the First Amendment to the Agreement for Legal Services with Redwood Public Law, LLP and appoint Camilla Getz as the Assistant City Attorney.

FINANCIAL IMPACT:

The proposed amendment to the agreement for legal services would increase the hourly rates as follows:

General Legal Services $325 per hour to $330 per hour
Labor and Employment Advice and
Reimbursable Legal Services
Range $335-$490 per hour to $340 to $495
per hour
DESCRIPTION:

Amendment to Legal Services Agreement
The City of Dublin started contracting with Redwood Public Law, LLP on March 15, 2024, when the City Council approved the Agreement for Legal Services (Attachment 2). 321

Redwood Public Law requested that the City Council consider the following changes to the Legal Services Agreement:

General Legal Services $325 per hour to $330 per hour
Labor and Employment Advice and
Reimbursable Legal Services
Range $335-$490 per hour to $340 to $495
per hour
Attachment 1 is the proposed First Amendment to the Agreement for Legal Services.

The proposed amendment will take effective as of July 1, 2024.

Appointment of Assistant City Attorney
The Agreement for Legal Services provides that the City Attorney shall propose another Redwood Public Law attorney to serve as Assistant City Attorney, subject to his/her appointment by the City Council. Camilla Getz, a Redwood Public Law associate attorney, has been acting Assistant City Attorney since April 2023, after the departure of Assistant City Attorney Jordyn Bishop. The City Attorney is proposing that the City Council appoint Camilla Getz to serve as the Assistant City Attorney.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) First Amendment to Agreement for Legal Services with Redwood Public Law, LLP 2) Agreement for Legal Services with Redwood Public Law, LLP 322
Attachment 1
First Amendment to Agreement for Legal Services Page 1
(Between Dublin and Redwood Public Law, LLP)

FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES
This First Amendment to Agreement for Legal Services is made and entered into as of August 20, 2024, and effective July 1, 2024, by and between the CITY OF DUBLIN, a Municipal Corporation in the State of California, hereinafter referred to as “CITY,” and REDWOOD PUBLIC LAW, LLP, a California limited liability partnership, hereinafter referred to as “REDWOOD.”

WITNESSETH
WHEREAS, CITY and REDWOOD are parties to an Agreement for Legal Services, dated and entered into as of March 5, 2024 (the “Agreement for Legal Services”); and WHEREAS, it is the desire of the parties hereto to amend the Agreement for Legal Services.

NOW, THEREFORE, IT IS MUTUALLY AGREED that the Agreement for Legal Services is amended as follows:

1. Amendment of Paragraph 4. Existing paragraph 4 is amended, to read as follows:
“4. Compensation.

City shall compensate ATTORNEY, through REDWOOD, in the amount of $330 per hour for all attorney services rendered, whether by ATTORNEY or by other attorneys associated with REDWOOD, and $175 per hour for all paralegal services rendered, with the following exceptions: litigation, for which ATTORNEY, through REDWOOD, shall be compensated at REDWOOD’s then-current standard public agency rates for all litigation services rendered whether by ATTORNEY or by other attorneys associated with REDWOOD; and cost recovery and labor and employment advice, for which ATTORNEY, through REDWOOD, shall be compensated at the following rates per hour for all services rendered whether by ATTORNEY or other attorneys associated with REDWOOD:

Senior Principal $495
Principal and Senior Of Counsel $420
Senior Associate and Of Counsel $365
Associate $340
Paralegal $175”
323
First Amendment to Agreement for Legal Services Page 2
(Between Dublin and Redwood Public Law, LLP)
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement for Legal Services the day and year set forth below.

Dated:

CITY OF DUBLIN,
a Municipal Corporation
By:

Michael McCorriston, Mayor
Attest:

Marsha Moore, City Clerk
Dated:

REDWOOD PUBLIC LAW, LLP
By:

John D. Bakker, Partner
20023189.v1
324
Attachment 2
325
326
327
328

STAFF REPORT

CITY COUNCIL

Agenda Item 5.13
DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Payment Issuance Report and Electronic Funds Transfer Prepared by: Darlynn Haas, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will receive a listing of payments issued from July 1, 2024 – July 31, 2024, totaling $14,629,153.59
STAFF RECOMMENDATION:

Receive the report.

FINANCIAL IMPACT:

Summary of Payments Issued
Report Period July 1, 2024 – July 31, 2024
Total Number of Payments: 450
Total Amount of Payments: $14,629,153.59
DESCRIPTION:

The Payment Issuance Report (Attachment 1) provides a listing of all payments for the period beginning July 1, 2024, through July 31, 2024. This report is provided in accordance with the policy adopted November 15, 2011, in Resolution No.189-11. The listing of payments has been reviewed in accordance with the policies for processing payments and expenditures.

The City’s practice of reporting payments to the City Council after the payments have been made is in compliance with California Government Code Sections 37208 (b) and (c), which allow for an agency to make payments without first being audited by the legislative body, as long as such payments are: 1) conforming to a budget approved by ordinance or resolution of the legislative body; and 2) presented to the legislative body for ratification and approval in the form of an 329

audited comprehensive annual financial report.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Payment Issuance Report for July 2024
330
Date Issued
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024 HALEY & ALDRICH, INC STAFF AUGMENTATION SEPT 2023 12,712.83 HALEY & ALDRICH, INC STAFF AUGMENTATION OCT 2023 27,134.56 HALEY & ALDRICH, INC STAFF AUGMENTATION AUG 2023 15,964.37 GUIDEPOST SOLUTIONS, LLC AV DESIGN & CA FEB 2024 2,590.00 GUIDEPOST SOLUTIONS, LLC AV DESIGN & CA MAR 2024 7,932.50 GROUP 4 ARCHITECTURE, RESEARCH + WORKSPACE PLANNING STUDY 3,540.80 GUIDEPOST SOLUTIONS, LLC AV DESIGN & CA JAN 2024 2,417.50 GRAFIX SHOPPE PATROL VEHICLE GRAPHIC KITS 140.00
GROUP 4 ARCHITECTURE, RESEARCH + DESIGN OF CULTURAL ARTS CENTER NOV 2023 22,598.05 GEOCON CONSULTANTS, INC. 2023 SLURRY SEAL - MATERIALS AUG 2023 5,961.25 GOODNESS VILLAGE FY 23-24 HUMAN SERVICES GRANT 5,797.50 GANNETT FLEMING, INC. STAFF AUGMENTATION FOR STREETS CIPS APR 2024 62,881.50 GANNETT FLEMING, INC. IRON HORSE NATURE PARK AND OPEN SPACE APR 2024 14,193.06 FRANCHISE TAX BOARD BILLING NO. CD-9243-65417 495.00
GANNETT FLEMING, INC. 2023 SLURRY SEAL APR 2024 2,973.52 ENGEO INC FALLON VILLAGE GHAD PROFESSIONAL SERVICES APR 2024 3,835.25 ENGEO INC SCHAEFER RANCH GHAD PROFESSIONAL SERVICES APR 2024 4,638.34 EAST BAY POOL SERVICE, INC. POOL MAINTENANCE AT THE WAVE MAY 2024 5,290.95 ENGEO INC FALLON CROSSING GHAD PROFESSIONAL SERVICES APR 2024 5,294.50 DOROTHY DEMONTEVERDE REC CLASS INSTRUCTOR 812.00
DAVID RIEGERT SUMMER CONCERT SERIES 2024 ENTERTAINMENT 3,500.00 DEPARTMENT OF JUSTICE ACCTNG OFFICE LIVESCAN FEES - MAY 2024 433.00 DAHLIN GROUP INC DESIGN SERVICES CIVIC CENTER RENOVATION MAR 2024 2,910.00 DAVID L. GATES & ASSOCIATES, INC. IRRIGATION UPGRADES MAR 2024 3,740.00 CSW/STUBER-STROEH ENGINEERING GROUP, MARTIN CANYON CREEK AT SILVERGATE DR 1,890.00 CSW/STUBER-STROEH ENGINEERING GROUP, PLANNING & PRELIMINARY ENG VILLAGE PKWY MAR 2024 700.00 CSW/STUBER-STROEH ENGINEERING GROUP, SURVEYING SERVICES MAR 2024 2,681.50 CSW/STUBER-STROEH ENGINEERING GROUP, GREEN STORMWATER INFRASTRUCTURE ENG SVCS APR 2024 699.75 COVANTA ENVIRONMENTAL SOLUTIONS, LLC POLICE DISPOSAL SERVICES 2,033.20 CSW/STUBER-STROEH ENGINEERING GROUP, ENGINEERING SERVICES - PLAN REVIEW SEPT 2023 750.00 COULSON & ASSOCIATES ENGINEERING SERVICES - PLAN REVIEW MAR 2024 13,698.75 COULSON & ASSOCIATES ENGINEERING SERVICES - PLAN REVIEW APR 2024 10,237.50 CONSOR NORTH AMERICA, INC. STRUCTURAL PEER REVIEW SERVICES MAY 2024 516.50 COULSON & ASSOCIATES ENGINEERING SERVICES - PLAN REVIEW FEB 2024 8,775.00 COMCAST INTERNET/CABLE SVC WAV, SNC, PSC - 6/11 TO 7/10/24 602.88 CIVICA LAW GROUP APC SPECIAL LEGAL COUNSEL SERVICES JUN 2024 18,002.87 CDW GOVERNMENT INC DUBLIN CORP YARD CAMERA RPLCMNT 2 16,409.07 CHRISTINE PETIT REC CLASS INSTRUCTOR 518.40
NAME PLATE FOR CHAMBER 54.57
ANGEL HOUZE CLAY ART C/O JULIE P. KARTONO REC CLASS INSTRUCTOR 1,200.00 CDW GOVERNMENT INC VIDEO CONFERENCE EQUIPMENT - CONFERENCE ROOM 6,674.99 CALEHS ATTN: JOE MOULTON GENERATOR INSP. SVCS - JUN 2024 600.00 CARBONIC SERVICE THE WAVE POOL CHEMICALS 654.97
BRIGHTLY SOFTWARE, INC. BRIGHTLY PREDICTOR SOFTWARE & IMPLEMENTATION JUN 2024 9,940.00 BPXPRESS PLAN ROOM MANAGEMENT DURING BID PROCESS 377.55 BPXPRESS PLAN SET FOR INSPECTOR 202.30
AKSHAY ARORA ARORA TENNIS & FITNESS REC CLASS INSTRUCTOR 5,640.00 A4 PROMOTIONS & INCENTIVES PCS - FACILITY RENTAL BOOKLET 3,769.15 AASKA PATEL REC CLASS INSTRUCTOR 2,613.00
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

Payee Description Amount
BLACKBRIDGE CONSULTING INC SMALL BUSINESS NAVIGATOR CONSULTANT 1,939.70 BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 APR 2024 550.00 BIG O'TIRES #7 POLICE VEHICLE REPAIRS & MAINTENANCE 244.57 AT&T - CALNET 3 SERVICE TO PSC 06/01/2024 111.81
BEST VERSION MEDIA, LLC EAST DUBLIN LIVING AD 408.30

AMY'S ENGRAVED SIGNS & AWARDS
Attachment 1
331
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
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7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
R. YOUNAN LLC REC CLASS INSTRUCTOR 1,255.80
RACHEAL MATHENY PCS COMMISSION 06/17/24 50.00
PRUDENTIAL OVERALL SUPPLY MAT SERVICES SENIOR JUN 2024 77.45 PRUDENTIAL OVERALL SUPPLY MAT SERVICES SHANNON JUN 2024 73.30 PRUDENTIAL OVERALL SUPPLY MAT SERVICES CIVIC JUN 2024 89.69 PRUDENTIAL OVERALL SUPPLY MAT SERVICES WAVE JUN 2024 78.55 PRUDENTIAL OVERALL SUPPLY MAT SERVICES CORP YARD JUN 2024 49.71 PRUDENTIAL OVERALL SUPPLY MAT SERVICES PSC JUN 2024 50.36 PRO CYCLES LLC POLICE VEHICLE REPAIRS & MAINTENANCE 1,455.28 PRISCILLA A BARTON REC CLASS INSTRUCTOR 315.00
PRIME TIME ENTERTAINMENT SOUND SERVICES FOR SPECIAL EVENTS 3,300.00 PLEASANTON EVENT RENTALS INC LINEN CLEANING FOR PCS RENTALS PROGRAM 572.39 PG&E SERVICE TO HPM 05/29/2024 505.07
PHOENIX GROUP INFO SYS. DPS PARKING CITATIONS COLLECTED 225.00 PG&E SERVICE TO HCP 05/29/2024 2,842.69
PG&E SERVICE TO FS16 05/12/2024 662.64
PG&E TC1 SERVICE TO POSITANO 05/31/2024 403.64
PG&E LS2-A SERVICE TO AVB 05/31/2024 1,873.14
PG&E TC1 SERVICE TO 6795 DOUGHERTY 06/03/2024 259.80
PG&E TC1 SERVICE TO AVB 05/29/2024 87.09
PG&E TC1 SERVICE TO 6644 FALLON 05/24/2024 86.60
PG&E TC1 SERVICE TO 6544 FALLON 05/24/2024 99.99
PG&E B1 SERVICE TO POSITANO IRRIG 05/30/2024 157.06
PG&E SERVICE TO ART LIGHTING AVB 05/23/2024 256.03
PG&E B1 SERVICE TO PASSATEMPO 05/23/2024 74.96
PG&E B1 SERVICE TO SEAN DIAMOND 05/28/2024 188.05
PG&E SERVICE TO SHANNON CENTER 05/30/2024 121.90
PG&E SERVICE TO SCH RNCH PARK 05/29/2024 299.16
PG&E B10S SERVICE TO CIVIC CENTER 05/14/2024 4,101.23
PG&E SERVICE TO CORP YARD 05/30/2024 3,009.06
PAKPOUR CONSULTING GROUP, INC. IHT BRIDGE PROJECT MANAGEMENT APR 2024 7,560.00 PG&E B1 IRRIG 2979 THREE CASTLES 05/28/2024 24.94
PAKPOUR CONSULTING GROUP, INC. EXTR PAINTING CITY FACILITIES CONSTRUC MGM MAR 2024 4,200.00 PAKPOUR CONSULTING GROUP, INC. IHT BRIDGE PROJECT MANAGEMENT MAR 2024 5,880.00 PAKPOUR CONSULTING GROUP, INC. ENGINEERING SERVICES - PLAN REVIEW APR 2024 11,710.00 PAKPOUR CONSULTING GROUP, INC. CONSTRUCTION MGMT-DON BIDDLE COMM PARK APR 2024 1,680.00 NICHOLS CONSULTING ENGINEERS, CHTD DESIGN SVCS-IRON HORSE NATURE PARK MAY 2024 11,109.00 ONE WORKPLACE L. FERRARI LLC CIVIC 2ND FLOOR OFFICE FURNITURE MAY 2024 19,648.56 NEELAY BHATT PCS TRAINING/KEY NOTE SPEAKER 2,000.00
MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW SEPT 2023 26,286.10 NANOGAN SCIENCE & SERVICES, LLC REC CLASS INSTRUCTOR 2,430.00 MATTHEW T GILLER PCS COMMISSION 06/17/24 50.00
MNS ENGINEERS, INC. IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD APR 2024 16,901.70 LSA ASSOCIATES INC. SCHAEFER RANCH VILLAGE GHAD PROF SVCS APR 2024 3,572.04 MARK THOMAS & COMPANY, INC. IRON HORSE TRAIL CROSSING DESIGN SVCS MAY 2024 677.71 LPA, INC. LIBRARY CONCEPT DESIGN APR 2024 1,452.50
LPA, INC. LIBRARY CONCEPT DESIGN MAY 2024 1,581.00
JOSEPH THOMAS WASHINGTON II PCS COMMISSION 06/17/24 50.00 JOY LIU FARMERS MARKET & CONCERT SERIES PHOTOGRAPHY 290.00 JAY S. SIEGAN SUMMER CONCERTS SERIES 2024 ENTERTAINMENT 3,500.00 JOHN GARDENIER, JR. FAMILY CAMPOUT ENTERTAINMENT 350.00 HD SUPPLY CONST & INDUSTRIAL TOOLS AND EQUIPMENT FOR CIP SR. INSPECTOR 809.68 HEATHER BARRIE TABOR REC CLASS INSTRUCTOR 3,502.20
HALEY & ALDRICH, INC STAFF AUGMENTATION DEC 2023 6,075.33 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES SUMMER CAMPS WEEK 3 1,650.00 HALEY & ALDRICH, INC STAFF AUGMENTATION NOV 2023 10,175.54 332
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
7/1/2024
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7/1/2024
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7/1/2024
7/1/2024
7/1/2024
7/3/2024
7/5/2024
7/5/2024
7/5/2024
7/5/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
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7/8/2024
7/8/2024
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7/8/2024
7/8/2024
7/8/2024
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7/8/2024
7/8/2024
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7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
AT&T - CALNET 3 SERVICE TO BLDG INSP 6/14/2024 29.12
AT&T - CALNET 3 SERVICE TO ELEVATOR 06/14/2024 111.81
AT&T - CALNET 3 SERVICE TO FS18 06/14/2024 84.25
AT&T - CALNET 3 SERVICE TO CY 614/2024 234.12
AT&T - CALNET 3 SERVICE TO PSC FIRE ALARM 06/14/2024 56.69 AT&T - CALNET 3 SERVICE TO FSP FAX 06/14/2024 56.69
AT&T - CALNET 3 SERVICE TO CY 06/14/2024 56.69
AT&T - CALNET 3 SERVICE TO CY FAX 6/14/2024 29.12
AT&T - CALNET 3 SERVICE TO CIVIC 06/12/2024 111.70
AT&T - CALNET 3 SERVICE TO LIBRARY 911 06/14/2024 29.12 AT&T - CALNET 3 SERVICE TO SHANNON 06/12/2024 112.60
AT&T - CALNET 3 SERVICE TO SR ALARM 06/12/2024 198.54
ADITYA T. BABU CLUB V.I.P. VOLLEYBALL REC CLASS INSTRUCTOR 780.00 ADVANCED INTEGRATED PEST MANAGEMENT PEST MANAGEMENT JUN 2024 7,578.80 A4 PROMOTIONS & INCENTIVES SIGNS FOR HERITAGE PARK PIONEER CEMETERY 146.25 ABDALIAN PIANO SERVICE PIANO TUNING FOR SHANNON COMMUNITY CENTER 230.00 AMADOR VALLEY INDUSTRIES LLC TRASH SERVICES - CAMP PARKS - MAY 2024 38,452.28 AMADOR VALLEY INDUSTRIES LLC TRASH SERVICES - CAMP PARKS JUN 2024 32,064.58 ALPHA MEDIA LLC KKIQ/KUIC/KKKDV KKIQ WAVE RADIO ADVERTISEMENT 5,900.00 ALAMEDA CO SHERIFF'S OFFICE BUSINESS CARDS 46.02
ALAMEDA CO SHERIFF'S OFFICE DPS VICTIMS BILL OF RIGHTS CARDS 52.46 AKSHAY ARORA ARORA TENNIS & FITNESS REC CLASS INSTRUCTOR 20,772.00 54 ELECTRIC WAVE SPEAKERS, AMP REPLACE, REWIRE AND TRAINING 7,000.00 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 284.96
Payments Issued 7/5/2024 Total: 680,613.54
SUAREZ & MUNOZ CONSTRUCTION WALLIS RANCH COMMUNITY PARK PP#4 82,658.55 SUAREZ & MUNOZ CONSTRUCTION WALLIS RANCH COMMUNITY PARK PP#5&6 466,266.65 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 6/28/24 29,949.33 INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 6/28/24 101,739.01 Payments Issued 7/3/2024 Total: 1,000,000.00
CORONA-ELY RANCH INC EDEN HOUSING REGIONAL STREET PROJECT 1,000,000.00 YUET TAK TSOI ILLUMEO PREMIUM COURSES REIMBURSEMENT 254.15 Payments Issued 7/1/2024 Total: 947,886.47
WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 6,434.40 WARREN PAYLADO REC CLASS INSTRUCTOR 1,936.80
WORKFORCE INTEGRITY & TRAINING IRON HORSE NATURE PARK - CWA ADMIN 996.78 VIDYA PILLAI REC CLASS INSTRUCTOR 5,707.20
TREASURER ALAMEDA COUNTY GENERAL FUEL MAY 2024 20,881.68 UNIVAR SOLUTIONS THE WAVE POOL CHEMICALS 1,590.25
THE SOURCING GROUP, LLC PCS DEPARTMENT APPAREL - UNIFORMS 23/24 2,047.34 TREASURER ALAMEDA COUNTY DPS PARKING CITATIONS COLLECTED 1,450.00 SYED SAMEER SHABIR HAKIM PCS COMMISSION 06/17/24 50.00
TAYLOR'S LEATHERWEAR, INC DPS MOTOR LEATHER JACKETS 1,377.00 STUDIO BLUE REPROGRAPHICS PRINT SET PLANS DURING BID PERIOD 67.36 SUAREZ & MUNOZ CONSTRUCTION WALLIS RANCH COMMUNITY PARK CONSTRUCTION AGREEMENT 360,383.45 STRATEGIC ECONOMICS INC. CONSULTANT FOR UPDATE OF ED STRATEGY & GP ELEMENT 12,677.42 SQUAD SPORTS INC. REC CLASS INSTRUCTOR 5,879.40
SNG & ASSOCIATES INC. ENGINEERING SERVICES - PLAN REVIEW APR 2024 8,480.00 SPECIAL EVENTS PCS EVENT TENTING AND EQUIPMENT RENTAL 6,158.62 ROBIN SANDY CRANFORD REC CLASS INSTRUCTOR 1,445.40
ROBERT HALF TEMP EMPLOYEE FOR FINANCE DEPARTMENT -MAY/JUNE 13,575.47 REDWOOD TOXICOLOGY LAB. INC. DPS - TOXICOLOGY SERVICES 374.00 RICHARD THORNBURY PCS COMMISSION 06/17/24 50.00
333
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
7/8/2024
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7/8/2024
7/8/2024
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7/8/2024
7/8/2024
NICOLE WANZENRIED MILEAGE REIMBURSEMENT - JUN 2024 71.96 ON THE VINE CATERING MAYORS FAREWELL RECEPTION 1,572.83 NETFILE INC. ANNUAL SUBSCRIPTION FOR CAMPAIGN & E-FILING SYSTEM 6,000.00 MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW AUG 2023 23,490.71 NANOGAN SCIENCE & SERVICES, LLC REC CLASS INSTRUCTOR 11,490.00 MAKE ME A PRO SPORTS REC CLASS INSTRUCTOR 1,950.00
MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW APR 2024 11,893.97 LOGOBOSS VETERANS ART FLAGS 1,673.26
LYNX TECHNOLOGIES, INC. GIS CONSULTING SERVICES - JUN 2024 3,450.00 KNORR SYSTEMS, INC. INDOOR POOL HEATER REPAIR 25,055.07 LIVERMORE-PLEASANTON UMPIRES OFFICIATING SERVICES FOR PCS SPORTS PROGRAMS 4,005.00 KNORR SYSTEMS, INC. WAVE CHEMICAL TANK 18,953.46
KENYATTA ALI REC CLASS INSTRUCTOR 420.00
KIDZ LOVE SOCCER REC CLASS INSTRUCTOR 3,744.00
I C M A 457 PLAN DEFERRED COMP 457: PE 6/28/24 32,861.28 JCJCJ, INC ADOPT A BENCH PROGRAM DEDICATION PLAQUE 245.50 HEALTHEQUITY, INC. HEALTHEQUITY: PE 6/28/24 3,636.35
I C M A 401 PLAN DEFERRED COMP 401A: PE 6/28/24 1,264.76 GURUS EDUCATION EAST BAY REC CLASS INSTRUCTOR 2,160.00
HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES SUMMER CAMPS WEEK 4 1,800.00 GUIDA SURVEYING SVCS R/W ACQUISITION IRONHRSE TRL MAR 2024 10,494.96 GUIDEPOST SOLUTIONS, LLC CULTURAL ARTS DRAWING REVIEW DEC 2023 5,735.00 GUIDA SURVEYING SVCS R/W ACQUISITION IRONHRSE TRL JAN 2024 17,848.54 GUIDA SURVEYING SVCS R/W ACQUISITION IRONHRSE TRL FEB 2024 3,966.74 GOODFELLOW SEQUOIA AJV IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD PROJ 228,617.50 GRAINGER WATERPARK SUPPLIES 1,980.24
EVERPRO KIDS REC CLASS INSTRUCTOR 2,988.00
ENTERPRISE RENT A CAR EAN SERVICES, LLC DPS RENTAL CARS FOR SIU 2,382.36 EOA, INC. EVIRON & SUS DIVISION PLAN REVIEW MAR 2024 1,890.00 ECS IMAGING INC. LASERFICHE ANNUAL MAINT. & SUPPORT 6/22/24-6/21/25 34,145.30 DUBLIN UNIFIED SCHOOL DISTRICT STAGER UTILITY BILL - MAY 2024 235.27 EAST BAY POOL SERVICE, INC. ROUTINE POOL MAINTENANCE AT THE WAVE 22,559.37 DUBLIN UNIFIED SCHOOL DISTRICT STAGER UTILITY BILL - JAN-MAR 2024 2,976.15 DUBLIN UNIFIED SCHOOL DISTRICT STAGER UTILITY BILL - APR 2024 467.79 DUBLIN UNIFIED SCHOOL DISTRICT RENTAL FEES FOR AFTER SCHOOL PROGRAM JAN-MAY 2024 21,565.00 DUBLIN UNIFIED SCHOOL DISTRICT STAGER WATER BILL - APR-MAY 2024 539.41 DUBLIN UNIFIED SCHOOL DISTRICT STAGER GYM - WATER BILL - FEB-MAR 2024 145.04 DUBLIN UNIFIED SCHOOL DISTRICT STAGER JUNIOR WARRIORS CUSTODIAL JAN-MAR 2024 14,539.35 DUBLIN UNIFIED SCHOOL DISTRICT STAGER GAS BILL JAN2024 521.82 DSRSD SERVICE TO 6/30/24 13,587.29
DEPT OF INDUSTRIAL RELATIONS OSHA INSPECTION AND CLASSIFICATION FEE 438.75 CODE FOR FUN REC CLASS INSTRUCTOR 1,995.00
CITY OF LIVERMORE TRI-VALLEY CITIES COUNCIL DINNER MEETING 560.00 CIVICA LAW GROUP APC SPECIAL COUNSEL LEGAL SERVICES 8,854.75 CARBONIC SERVICE THE WAVE POOL CHEMICALS 350.24
CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES MAY 2024 13,960.94 BRIDGE WIRELESS PCS WAVE TWO WAY RADIOS 4,686.93
CALIFORNIA SPIRIT ELITE, INC. REC CLASS INSTRUCTOR 6,251.00 BLAISDELL'S BUSINESS PRODUCTS OFFICE SUPPLIES JUN 2024 3,585.44 BRICKS 4 KIDZ REC CLASS INSTRUCTOR 1,980.00
BAY ALARM COMPANY ALARM SERVICES WAVE SNACK BAR MAY 2024 11.86 BAY ALARM COMPANY ALARM SERVICES SENIOR SERVICE CALL NOV 2023 215.00 AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 06/12/2024 111.81 AT&T - CALNET 3 SHANNON CENTER ALARM 9391063350 06/12/2024 29.12 AT&T - CALNET 3 HERITAGE CENTER BACKUP 06/06/2024 61.76 AT&T - CALNET 3 HERITAGE 9391018979 06/14/2024 29.12
334
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/8/2024
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7/8/2024
7/8/2024
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7/8/2024
7/8/2024
7/10/2024
7/10/2024
7/12/2024
Payments Issued 7/12/2024 Total: 11,777.70
UNUM LIFE INS CO OF AMERICA LIFE AND AD&D PREMIUM - JUN 2024 11,777.70 CAL PERS HEALTH PREMIUM HEALTH INSURANCE PREMIUM - JUL 2024 176,578.12 Payments Issued 7/10/2024 Total: 284,797.52
CAL PERS PERS RETIREMENT PLAN: PE 6/28/24 108,219.40
Payments Issued 7/8/2024 Total: 3,342,974.41
WESTCOAST PASSION SPORTS FEDERATION RENTAL CANCELLATION REFUND 1,545.00 WORLD CUP SOCCER CAMPS CLINICS REC CLASS INSTRUCTOR 3,838.80 WEE HOOP, INC. REC CLASS INSTRUCTOR 2,958.00
WARREN PAYLADO REC CLASS INSTRUCTOR 3,550.80
VERTIGIS ANNUAL GEOCORTEX GIS MAINTENANCE SOFTWARE 6,497.00 US BANK - PARS PARS: PE 6/28/24 9,863.33
VANESSA MEDVE REC CLASS INSTRUCTOR 9,142.68
UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW CLEANING PSC JUN 2024 1,101.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING CORP YARD JUN 2024 109.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW CLEANING SHANNON JUN 2024 1,199.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW CLEANING WAVE JUN 2024 1,744.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. CARPET CLEANING WAVE JUN 2024 1,030.75 UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING LIBRARY JUN 2024 763.00 UNIVERSAL BUILDING SERVICES & SUPPLY CO. CARPET CLEANING SHANNON JUN 2024 1,413.42 UNIVERSAL BUILDING SERVICES & SUPPLY CO. CARPET CLEANING PSC JUN 2024 752.00 UNIVAR SOLUTIONS THE WAVE POOL CHEMICALS 2,687.52
UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING CIVIC JUN 2024 616.67 TYLER TECHNOLOGIES, INC. ERP SOFTWARE IMPLEMENTATION 4,900.00 U.S. BANK CORPORATE PMT SYSTEM PURCHASE CARD STATEMENT JUN 2024 59,285.65 TREASURER ALAMEDA COUNTY DUBLIN POLICE SERVICES FY2023 DISPATCH 59,982.67 TRI-VALLEY COMMUNITY TV RECORD/TELEVISE CITY COUNCIL & PLNG COMM MTGS 1,691.90 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER MAY 2024 95,044.00 TOMMY COOK MILEAGE REIMBURSEMENT - JUN 2024 51.39
SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER APR 2024 73,306.00 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER JAN 2024 54,528.00 SWA GROUP JORDAN RANCH NEIGHBORHOOD SQ DESIGN APR 2024 3,946.25 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER FEB 2024 74,020.25 STRAWN CONSTRUCTION, INC. CULTURAL ARTS REMODEL & CIVIC CTR IMPROV 624,114.57 SUAREZ & MUNOZ CONSTRUCTION WALLIS RANCH COMMUNITY PARK CONSTRUCTION AGREEMENT 1,453,905.16 SQUAD SPORTS INC. REC CLASS INSTRUCTOR 7,485.45
SISTER CITIES INTERNATIONAL FY 24-25 MEMBERSHIP DUES 810.00 SMITH ART CONSERVATION ON-CALL PUBLIC ART MAINTENANCE AND CONSERVATION 5,400.00 SHADEUSA WATERPARK UMBRELLAS 2,478.41
SHALINI REDDY MILEAGE REIMBURSEMENT - JUN 2024 34.04
SCP DISTRIBUTORS LLC WAVE MAINTENANCE SUPPLIES 653.30
ROBERT HALF TEMP EMPLOYEE FOR FINANCE DEPARTMENT JUNE 17-21 3,036.00 RRM DESIGN GROUP, A CA CORP LANDSCAPE PLAN CHECK & INSPECTIONS 9,481.75 ROBERT FERGUSON ROB'S SKATE ACADEMY REC CLASS INSTRUCTOR 2,295.00 PRIME TIME ENTERTAINMENT SOUND SERVICES FOR SPECIAL EVENTS 1,650.00 PRISCILLA A BARTON REC CLASS INSTRUCTOR 720.00
PLEASANTON EVENT RENTALS INC LINEN CLEANING FOR PCS RENTALS PROGRAM 391.41 PG&E SERVICE TO WAVE 06/05/2024 28,538.83
PG&E B6 SERVICE TO LIBRARY 05/30/2024 22,324.51
PG&E A6 SERVICE TO FS17 06/05/2024 122.12
PG&E TC1 SERVICE TO DB 06/05/2024 207.23
ON THE VINE CATERING ALAMEDA COUNTY MAYOR'S CONFERENCE-DUBLIN HOST 2,890.51 PG&E IRRIGATION SERVICE TO 05/31/2024 405.24
335
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

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EMERGENT DEVICES INC DPA NARCAN FOR OFFICERS 6,548.85
EOA, INC. STORMWATER NPDES IMPLEMENTATION ASSIST MAR 2024 2,741.25 ECONOMIC & PLANNING SYSTEMS, INC. INCLUSIONARY ZONING AND IN-LIEU FEE FEASIBILITY 1,925.00 ELISABETH HOGUE WELLREIMB JAN-JUN-24 150.00
DEBBIE BELL WELLREIMB JAN-JUN-24 150.00
EAST BAY REGIONAL PARK DIST EAST BAY REGIONAL PARKS TRAIL MAINT. 2024 42,452.42 DARLYNN HAAS WELLREIMB JAN-JUN-24 150.00
DAVID L. GATES & ASSOCIATES, INC. IRRIGATION UPGRADES MAY 2024 3,740.00 DAHLIN GROUP INC DESIGN SERVICES CIVIC CENTER RENOVATION DEC 2023 825.13 DANIELLE MUTHER WELLREIMB JAN-JUN-24 150.00
CRYSTAL DE CASTRO WELLREIMB JAN-JUN-24 116.00
CVPKG, INC DPS NARCAN CASES 1,295.00
COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE FEB 2024 1,425.00 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE MAR 2024 95.00 COSTAR REALTY INFORMATION INC. COSTAR SUITE 7/1/24-6/30/25 9,388.20 COULSON & ASSOCIATES JORDAN RANCH NEIGHBORHOOD SQUARE APR 2024 190.00 CIVICWELL CIVICSPARK FELLOW APR-JUN 2024 7,750.00
CONSOLIDATED ENGINEERING CAC SPECIAL INSPECT & TESTING MAY 2024 2,914.92 CHRISTAIN KNIGHT WELLREIMB JAN-JUN-24 150.00
CIERRA L. FABRIGAS WELLREIMB JAN-JUN-24 150.00
CDW GOVERNMENT INC AZURE CLOUD BACKUP-NOV 2023 1,169.16 CDW GOVERNMENT INC AZURE CLOUD BACKUP-DEC 2023 1,187.59 CDW GOVERNMENT INC IPHONE OTTERBOX DEFENDER CASE 117.28 CDW GOVERNMENT INC POWER ADAPTERS 588.69
CATHY WELLS WELLREIMB JAN-JUN-24 58.00
CDW GOVERNMENT INC MICROSOFT RENEWAL 2024 826.41
CASCADIA CONSULTING GROUP, INC SB 1383 IMPLEMENTATION ASSISTANCE MAY 2024 27,765.54 CASTRO VALLEY PERFORMING ARTS REC CLASS INSTRUCTOR 1,077.60 CARLOS MOYA WELLREIMB JAN-JUN-24 150.00
CASCADIA CONSULTING GROUP, INC SB 1383 IMPLEMENTATION ASSISTANCE APR 2024 21,892.96 CALIFORNIA WOOD RECYCLING,INC SB 1383 COMPOST PROCUREMENT MAY 2024 38,438.66 C. OVERAA & CO. CIVIC CENTER 2ND FLOOR RENOVATION 67,987.24 CALED CALED ACE RECERTIFICATION DUES 150.00
BRINKS, INC. ARMORED CAR SERVICE JUL 2024 313.93
BSK ASSOCIATES INC. TESTING/INSP FALLON SPORTS PARK PH3 MAY 2024 1,380.75 BRADLEY OLSON WELLREIMB JAN-JUN-24 150.00
BRIDGET AMAYA WELLREIMB JAN-JUN-24 150.00
BAY ALARM COMPANY ALARM SERVICES HERITAGE MAY 2023 133.20 BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 MAY 2024 3,212.50 AT&T - CALNET 3 SERVICE TO CIVIC 6/27/2024 29.12
AT&T - CALNET 3 CLARK AVE 6/27/2024 29.12
AT&T - CALNET 3 SERVICE TO SHANNON FAX 6/27/2024 29.12
AT&T - CALNET 3 SERVICE TO FS16 06/27/2024 56.69
ANTHONY CALVO WELLREIMB JAN-JUN-24 150.00
AT&T - CALNET 3 SERVICE TO FS2-3 06/26/2024 341.24
ANCHOR ENGINEERING, INC. CM/INSPECTION FOR CIVIC RENOVAT. JAN 2024 6,747.64 ANCHOR ENGINEERING, INC. STAFF AUGMENTATION JUN 2024 10,000.00 AMY L. JONES REC CLASS INSTRUCTOR 316.80
ANASTASIA NELSON WELLREIMB JAN-JUN-24 150.00
ALL CITY MANAGEMENT SVCS INC CROSSING GUARD SERVICES 983.52 ALLISON SCHUSTER WELLREIMB JAN-JUN-24 150.00
ALAMEDA CO SHERIFF'S OFFICE BUSINESS CARDS 46.02
AIMEE DACUMOS WELLREIMB JAN-JUN-24 150.00
AKSHAY ARORA ARORA TENNIS & FITNESS REC CLASS INSTRUCTOR 756.00 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 62.32
ADITYA T. BABU CLUB V.I.P. VOLLEYBALL REC CLASS INSTRUCTOR 840.00 336
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

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PAKPOUR CONSULTING GROUP, INC. CONSTRUCT MGMT-FALLON SPORTS PRK PH3 MAY 2024 1,755.00 PARKWAY BODY SHOP POLICE VEHICLE REPAIRS & MAINTENANCE 10,387.41 PAGE & TURNBULL INC CAMP PARK SIGNS RELOCATION SERV. MAY 2024 4,536.61 PAKPOUR CONSULTING GROUP, INC. CONSTRUCT MGMT-FALLON SPORTS PRK PH3 APR 2024 6,915.00 OLIVER CASTILLO WELLREIMB JAN-JUN-24 150.00
OPEN HEART KITCHEN HUMAN SERVICES FY 2023-24 7,186.75
OLIVER CASTILLO MILEAGE REIMBURSEMENT JUN 2024 118.05
OLIVER CASTILLO TRAVEL REIMBURSEMENT JUN 2024 848.02
NICOLE WANZENRIED WELLREIMB JAN-JUN-24 150.00
NORMAN VALES WELLREIMB JAN-JUN-24 150.00
NEXTREQUEST LLC FOIA WORKFLOW PLATFORM - STANDARD 7/24-6/25 10,196.30 NEXUS HOLDING,LLC CIVIC COUNCIL CHAMBER DOORS REPLACE 14,827.58 MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW APR 2024 7,214.00 MONETTE AU WELLREIMB JAN-JUN-24 150.00
MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW FEB 2024 28,314.97 MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW MAR 2024 24,888.32 MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW DEC 2023 25,068.68 MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW JAN 2024 28,044.48 MICHELLE SUNG WELLREIMB JAN-JUN-24 150.00
MNS ENGINEERS, INC. ENGINEERING SERVICES - PLAN REVIEW OCT 2023 16,592.25 MICHAEL MCCORRISTON BUSINESS MEETING PARKING REIMBURSEMENT 25.00 MICHAEL MCCORRISTON MAYOR'S CONFERENCE EXPENSE REIMBURSEMENT 18.69 MATRIX CONSULTING GROUP, LTD USER FEE STUDY CONSULTING FEE 9,200.00 MEAGAN C. HANNA WELLREIMB JAN-JUN-24 150.00
MARISSA CLEVENGER WELLREIMB JAN-JUN-24 150.00
MARSHA MOORE WELLREIMB JAN-JUN-24 150.00
LUIS RODRIGUEZ WELLREIMB JAN-JUN-24 100.00
LAURIE SUCGANG WELLREIMB JAN-JUN-24 150.00
LOVE NEVER FAILS FY 23-24 HUMAN SERVICES GRANT 7,295.00 LAUREN MARRIOTT WELLREIMB JAN-JUN-24 150.00
LAURIE RITH-CHAN WELLREIMB JAN-JUN-24 96.98
LANLOGIC INC. ON DEMAND, ON-SITE & REMOTE IT ENGINEERING SUPPORT 1,687.50 KIM BONATO WELLREIMB JAN-JUN-24 143.94
KIRA EVERS WELLREIMB JAN-JUN-24 150.00
JULIUS PICKNEY WELLREIMB JAN-JUN-24 150.00
JUSTIN CHUCK 2024 DON BIDDLE SCHOLARSHIP 1,000.00
JENNIFER MENDEZ WELLREIMB JAN-JUN-24 150.00
JORDAN FOSS WELLREIMB JAN-JUN-24 150.00
JAY S. SIEGAN SUMMER CONCERT SERIES 2024 ENTERTAINMENT 4,000.00 JENNIFER LI MARZI WELLREIMB JAN-JUN-24 150.00
JACQUI HATZIKOKOLAKIS WELLREIMB JAN-JUN-24 150.00
JANICE SPULLER WELLREIMB JAN-JUN-24 117.73
IRON MOUNTAIN POLICE RECORDS STORAGE 372.67
ITERIS, INC. VIDEO DETECTION CAMERAS APR 2024 22,233.57 HF&H CONSULTANTS, LLC SOLID WASTE FRANCHISE AGREEMENT AMENDMENT FEB 2024 4,826.25 HF&H CONSULTANTS, LLC SOLID WASTE FRANCHISE AGREEMENT AMENDMENT MAY 2024 10,310.00 HAZEL WETHERFORD WELLREIMB JAN-JUN-24 150.00
HF&H CONSULTANTS, LLC SOLID WASTE FRANCHISE AGREEMENT AMENDMENT APR 2024 10,201.62 HALEY & ALDRICH, INC STAFF AUGMENTATION JUN 2024 3,881.25 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES 2024 FARMERS MARKET AND 2,850.00 GREGORY SHREEVE WELLREIMB JAN-JUN-24 150.00
HALEY & ALDRICH, INC STAFF AUGMENTATION MAY 2024 4,359.08 GANNETT FLEMING, INC. CM/PM SERVICES FOR WALLIS RANCH PARK APR 2024 23,629.44 GASPARE ANNIBALE WELLREIMB JAN-JUN-24 43.49
ERIKA SPOON WELLREIMB JAN-JUN-24 150.00
FELICIA ESCOVER WELLREIMB JAN-JUN-24 150.00
337
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

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WORKFORCE INTEGRITY & TRAINING FOREST PARK (JORDAN RANCH SQUARE) MAY 2024 1,162.17 YUET TAK TSOI WELLREIMB JAN-JUN-24 150.00
TYLER PHILLIPS WELLREIMB JAN-JUN-24 150.00
ULINE, INC. RUBBERMAID TROLLEY JUN 2024 684.42
TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES JUN 2024 17,480.51 TRI-VALLEY JANITORIAL INC. JANITORIAL SUPPLIES MAY 2024 14,921.69 WING YEE LAM WELLREIMB JAN-JUN-24 144.69
WING YI TAI WELLREIMB JAN-JUN-24 149.93
WILLDAN ENERGY SOLUTIONS BLDG ELECTRIFICATION & CODE ASSISTANCE APR 2024 7,072.25 WILLDAN ENERGY SOLUTIONS BLDG ELECTRIFICATION & CODE ASSISTANCE MAR 2023 12,565.38 WC3-WEST COAST CODE CONSULTANT BUILDING PLAN REVIEW FOR JUN 2024 18,698.00 WILLDAN ENERGY SOLUTIONS BLDG ELECTRIFICATION & CODE ASSISTANCE JAN 2024 4,509.50 TOWNSEND PUBLIC AFFAIRS, INC GRANT STRATEGY AND WRITING SERVICES 5,000.00 TRIVALLEY INTERNET INC BUSINESS SUPPORT: NAVIGATOR PROGRAM (SOLAR BILL) 2,990.00 TIMOTHY DANA BOWEN REC CLASS INSTRUCTOR 2,486.40
TONY LAM WELLREIMB JAN-JUN-24 150.00
THE ECOHERO SHOW, LLC. SCHOOL ASSEMBLIES-WASTER EDUCT RECYCLE MAY 2024 900.00 THE SOURCING GROUP, LLC GIVEAWAYS FOR SENIOR VOLUNTEER RECOGNITION EVENT 1,156.81 SWANK MOTION PICTURES INC SING 2 MOVIE NIGHT RENTAL 750.00 SWANK MOTION PICTURES INC PICNIC FLIX ELEMENTAL MOVIE NIGHT RENTAL 750.00 SWANK MOTION PICTURES INC SHREK 2 MOVIE NIGHT RENTAL 730.00 SWANK MOTION PICTURES INC STRANGE WORLD MOVIE NIGHT RENTAL 750.00 SUNFLOWER HILL FY 23-24 HUMAN SERVICES GRANT 15,795.00
SUNMI SONG WELLREIMB JAN-JUN-24 137.94
SPECIAL EVENTS TENTING AND EQUIPMENT RENTAL - PCS EVENTS 2,144.75 STORM WATER INSPECTION & MAINTENANCE TRASH CAPTURE DEVICE MAINTENANCE MAY 2024 21,000.00 SHAMROCK OFFICE SOLUTIONS, LLC FILE 2399 OFFICE SUPPLIES - TONER 16.54 SHARLENE JACKMAN WELLREIMB JAN-JUN-24 150.00
SELECT IMAGING TRASH CAN LID DECALS JUN 2024 1,323.02
SELECT IMAGING NAME PLATE 104.88
SANDRA CAIRES WELLREIMB JAN-JUN-24 150.00
SARAH MONNASTES WELLREIMB JAN-JUN-24 150.00
ROSEMARY ALEX WELLREIMB JAN-JUN-24 150.00
RYAN MORAN WELLREIMB JAN-JUN-24 150.00
RHONDA FRANKLIN WELLREIMB JAN-JUN-24 150.00
ROEL BLANCO WELLREIMB JAN-JUN-24 150.00
PRATYUSH BHATIA WELLREIMB JAN-JUN-24 150.00
QUADIENT, INC. DEPT 3689 POSTAGE MACHINE LEASE 99.06
PG&E A6 SERVICE TO FS18 06/10/2024 183.42
PLEASANTON VIP SENIOR CLUB SENIOR CENTER TRIPS & TOURS PROGRAM 1,720.00 PG&E SERVICE TO SR CTR 06/11/2024 245.15
PG&E SERVICE TO PSC 06/13/2024 4,631.60
PG&E LS2-A SERVICE TO ARN & MART 06/13/2024 104.27
PG&E LS2-A SERVICE TO CENTRAL 06/13/2024 4.88
PG&E TC1 SERVICE TO FALLON 6/11/2024 144.76
PG&E B1 SERVICE TO VARIOUS 1997-1 06/10/2024 56.16
PG&E TC1 SERVICE TO TASSAJARA 06/08/2024 137.24
PG&E SERVICE TO VARIOUS TC 05/13/2024 10,357.06
PG&E B6 SERVICE TO BRAY CMMN 06/10/2024 104.74
PG&E B1 SERVICE TO DEVANY 06/10/2024 5.92
PG&E B10S SERVICE TO EGP 6/10/2024 4,141.27
PG&E VAR PARK IRRIGATION 06/06/2024 3,381.41
PG&E 6020 DUBLIN BLVD 1010865440 06/12/2024 22.68
PG&E B6 SERVICE TO FSP 06/05/2024 5,796.13
PAUL COTRUVO SUMMER CONCERT SERIES 2024 ENTERTAINMENT 2,000.00 PG&E 6196 HORIZON PKWY M DONBIDDLE 06/13/2024 1,098.51
338
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/16/2024
7/16/2024
7/18/2024
7/18/2024
7/19/2024
7/19/2024
7/19/2024
7/19/2024
7/19/2024
7/22/2024
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7/22/2024
7/22/2024 COMCAST CIVIC CENTER COMCAST 500M INTERNET 05/30/2024 2,300.00 COMCAST COUNCIL AV RM BUSINESS CABLE 6/18-7/17/2024 99.16 COMCAST INTERNET/CABLE SVC WAV, SNC, PSC - 7/11 TO 8/10/24 602.88 CITY OF PLEASANTON Q4 REMITTANCE FY23/24 10,227.10
CIVICPLUS, LLC ARCHIVE SOCIAL ECONOMY 7/1/24 - 6/30/25 4,397.40 CHANDLER ASSET MANAGEMENT INVESTMENT CONSULTING SERVICES JUN 2024 14,055.43 CDW GOVERNMENT INC APPLE IPAD REPLACEMENTS 7,145.84
CARBONIC SERVICE WATERPARK OPP SUPPLIES 585.04
BSK ASSOCIATES INC. WALLIS RNCH GEOTCH SRVS FOR SOIL CLASSIFIC JUN 2024 2,481.75 CALED CALED ANNUAL MEMBERSHIPS 2025 1,160.00
BLUEBEAM, INC. BLUEBEAM ANNUAL MAINTENANCE FY24-25 3,570.00 BRIAN SPILLER WELLREIMB JAN-JUN-24 59.94
BERNARD J BERSAMINA SUMMER CONCERT SERIES 2024 ENTERTAINMENT 3,500.00 BKF ENGINEERS TASSAJARA RD GAP CLOSURE PROJECT MAY 2024 65.00 BAY ALARM COMPANY ALARM SERVICES HERITAGE JUN 2023 500.13 BAY ALARM COMPANY ALARM SERVICES WAVE JAN 2024 132.82
AT&T - CALNET 3 ASE CIRCUITS TO 06/30/2024 2,337.42
AVANTPAGE INC TRANSLATING, EDITING & PROOFREADING SVCS-ELECTION 230.00 AT&T 600M INTERNET CIVIC CENTER FIBER SERVICES 1,802.67 AT&T PSC-600M IPFLEX INTERNET 2,070.97
AT&T PSC-600M IPFLEX INTERNET 2,067.58
AT&T CVC AT&T IPFLEX VOIP LINE 630.05
AT&T CVC AT&T IPFLEX VOIP LINE 625.37
AT&T 600M INTERNET CIVIC CENTER FIBER SERVICES 1,802.67 APEX GRADING SCHAEFER RANCH GHAD REPAIR SERVICES JUN 2024 519.62 ARIELLE CRENSHAW BUSINESS SUPPORT: NAVIGATOR PROGRAM #34 747.50 APEX GRADING FALLON VILLAGE GHAD PROFESSIONAL SERVICES JUN 2024 43,000.00 APEX GRADING SCHAEFER RANCH GHAD WEED ABATEMENT JUN 2024 28,000.00 AMY NORTON WELLREIMB JAN-JUN-24 150.00
AMY'S ENGRAVED SIGNS & AWARDS ADA SIGNAGE FOR PW & CMO 1,202.17 ALLIANT INSURANCE SVCS INC FACILITY RENTAL INS ISSUED - Q2 APR-JUN 13,681.00 AMOBIUS GROUP INC. PASSPORT ONLINE SCHEDULING 900.00
ALAMEDA COUNTY LIBRARY ADDITIONAL LIBRARY SERVICE HOURS FOR FY 2023-24 159,600.00 ALL CITY MANAGEMENT SVCS INC CROSSING GUARD SERVICES 762.23 ADVANCED MOBILITY GROUP ANNUAL TRAFFIC SIGNAL SYSTEM SUPPORT JUN 2024 8,435.00 ALAMEDA COUNTY FLOOD CONTROL Q4 PERMITS & TRACTS FY23/24 48,164.49 ADVANCED MOBILITY GROUP ANNUAL TRAFFIC SIGNAL SYSTEM SUPPORT APR 2024 4,020.00 ADVANCED MOBILITY GROUP ALL WAY STOP WARRANT &CROSSWALK ANALYS JUN 2024 640.00 ADVANCED MOBILITY GROUP ALL WAY STOP WARRANT & CROSSWLK ANALYS. MAY 2024 482.50 US BANK - PARS PARS: PE 7/12/24 9,375.02
Payments Issued 7/19/2024 Total: 74,914.21
I C M A 401 PLAN DEFERRED COMP 401A: PE 7/12/24 1,276.83 I C M A 457 PLAN DEFERRED COMP 457: PE 7/12/24 35,520.00 EMPLOYMENT DEVELOPMENT DEPT CA STATE WITHHOLDING: PE 7/12/24 24,348.41 HEALTHEQUITY, INC. HEALTHEQUITY: PE 7/12/24 4,393.95
Payments Issued 7/18/2024 Total: 181,518.22
CAL PERS PERS RETIREMENT PLAN: PE 7/12/24 101,378.30
INTERNAL REVENUE SERVICE FEDERAL WITHHOLDING: PE 7/12/24 80,139.92 Payments Issued 7/16/2024 Total: 15,298.84
DELTA DENTAL OF CALIFORNIA DELTA DENTAL PREMIUM - JUN 2024 13,142.23 VISION SERVICE PLAN - (CA) VISION INSURANCE PREMIUM - JUN 2024 2,156.61 Payments Issued 7/15/2024 Total: 735,487.64
339
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
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7/22/2024
7/22/2024
7/22/2024
PUBLIC BENEFIT TECHNOLOGY YEARLY ARCHIVING & INDEXING 750.00 REDWOOD PUBLIC LAW, LLP FOR PROFESSIONAL SERVICES RENDERED THROUGH MAY 2024 52,988.40 PLAN JPA 2024/25 ANNUAL INSURANCE PREMIUMS 2,738,498.00 PRECISION DYNAMICS CORPORATION WATERPARK SUPPLIES 3,577.91 PLAN JPA GENERAL LIABILITY CLAIMS - MAY 2024 334.43
PLAN JPA GENERAL LIABILITY CLAIMS - JUN 2024 709.88
PAKPOUR CONSULTING GROUP, INC. IHT BRIDGE PROJECT MANAGEMENT JUN 2024 5,670.00 PAKPOUR CONSULTING GROUP, INC. CONSTRUCTION MGMT-DON BIDDLE COMM PARK JUN 2024 2,100.00 PAKPOUR CONSULTING GROUP, INC. CM/INSP. SVCS. SAFE ROUTES TO SCHOOL JUN 2024 1,215.00 PAKPOUR CONSULTING GROUP, INC. CONSTR MGMT-FALLON SPORTS PARK JUN 2024 1,695.00 ORIGINAL WATERMEN, INC. SWIM LESSON SUPPLIES 3,266.84
PAKPOUR CONSULTING GROUP, INC. CM/INSP SERV FOR REGIONAL ST CROSSWLK JUN 2024 3,772.50 OOMNITZA,INC LICENSES TO OOMNITZA IT ASSET MANAGEMENT 46,500.00 OPENGOV, INC. DEPT. 0370 OPENGOV GL DATA INTEGRATION 11,126.25 MNS ENGINEERS, INC. IRON HORSE TRAIL BRIDGE AT DUBLIN BLVD MAY 2024 20,108.00 NANOGAN SCIENCE & SERVICES, LLC REC CLASS INSTRUCTOR 6,801.00 MEYERS NAVE FALLON VILLAGE GHAD PROFESSIONAL SERVICES APR 2024 1,530.84 MEYERS NAVE FALLON VILLAGE GHAD PROFESSIONAL SERVICES MAY 2024 165.00 MARISSA CLEVENGER MILEAGE REIMBURSEMENT JUN 2024 45.43
MARK THOMAS & COMPANY, INC. IRON HORSE TRAIL CROSSING DESIGN SVCS JUN 2024 268.26 LAW OFFICE OF DANNY SCHULTZ RETURN ASSET SEIZURE FUND - CASE: D19-3963 4,600.00 LIEBERT CASSIDY WHITMORE SUMMER STAFF HARASSMENT TRAINING 1,525.00 KITTELSON & ASSOCIATES, INC. SB 743 VMT IMPLEMENTATION & MODEL UPDATE APR 2024 162.50 LANGUAGE LINE SERVICES LANGUAGE LINE SERVICES FOR JUN 2024 17.55 KIMLEY-HORN AND ASSOC. INC. PUBLIC WORKS STAFF AUGMENTATION - JAN 2024 7,711.64 KITTELSON & ASSOCIATES, INC. LTA ANALYSIS PACVEST MAY 2024 367.50 KIMLEY-HORN AND ASSOC. INC. DWNTWN DUBLIN HINES PROJECT TRANSP. ANALY. APR 2024 3,864.00 KIMLEY-HORN AND ASSOC. INC. PUBLIC WORKS STAFF AUGMENTATION - DEC 2023 12,613.19 JCJCJ, INC ADOPT A BENCH PROGRAM PLAQUE 245.50
INTERACTIVE DATA, LLC DPS SOCIAL MEDIA SEARCH - JUNE 2024 290.00 JAM SERVICES INC ACCESSIBLE PED. SIGNAL PUSH BUTTONS JUN 2024 8,908.20 HARRELL HARRIS PHOTOGRAPHY PHOTOGRAPHY SERVICES - SATURDAY CLASSES 900.00 HEALTHEQUITY, INC. HEALTHCARE AND COMMUTER BENEFITS 611.75 GRANICUS, LLC. GRANICUS ANNUAL MAINTENANCE FOR AGENDA MANAGEMENT 46,009.11 GUIDEPOST SOLUTIONS, LLC AV DESIGN & CA MAY 2024 555.00 GANNETT FLEMING, INC. CM/PM SERVICES FOR WALLIS RANCH PRK MAY 2024 20,668.96 GOLDEN STATE FLEET SVCS INC DPS TOWING SERVICE 125.00
GANNETT FLEMING, INC. 2023 SLURRY SEAL MAY 2024 9,323.50 GANNETT FLEMING, INC. STAFF AUGMENTATION FOR STREETS CIPS MAY 2024 12,179.75 FELICIA ESCOVER ICSC MONTEREY CONF REIMBURSEMENT 133.33 FIRST STREET TOW DPS TOWING SERVICE 315.00
ENGEO INC SCHAEFER RANCH GHAD PROFESSIONAL SERVICES JUN 2024 9,185.70 FELICIA ESCOVER CALED CONFERENCE REIMBURSEMENT 352.25
ENGEO INC FALLON VILLAGE GHAD PROFESSIONAL SERVICES JUN 2024 9,242.47 ENGEO INC SCHAEFER RANCH GHAD PROFESSIONAL SERVICES MAY 2024 10,647.17 ENGEO INC FALLON CROSSING GHAD PROFESSIONALSERVICES MAY 2024 1,364.70 ENGEO INC FALLON CROSSING GHAD PROFESSIONALSERVICES JUN 2024 181.00 EMPLOYMENT DEVELOPMENT DEPT LABOR MARKET INFO FROM EDD 198.00 ENGEO INC FALLON VILLAGE GHAD PROFESSIONAL SERVICES MAY 2024 13,606.39 DIPIETRO & ASSOC. INC REPLACEMENT & SPARE AED'S 7/1/24-7/14/25 4,417.42 DSRSD SERVICE TO 7/14/24 31,164.91
DIABLO PUBLICATIONS DIABLO MAGAZINE ADVERTISEMENT 4,995.00 DIPIETRO & ASSOC. INC AED & WAVE OXYGEN TANKS SERV. 7/15/24-7/14/25 3,174.94 CORODATA SHREDDING, INC. SHRED BIN PICKUP MAY 2024 - RECORDS CLEAN UP DAY 437.74 DAVID E. FRASER MANAGER ANALYST TRAINING 750.00
CONSOLIDATED ENGINEERING CAC SPECIAL INSPECTION & TESTING JUN2024 1,682.64 340
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
7/22/2024
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7/22/2024
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7/22/2024
7/22/2024
7/24/2024
7/26/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
CITY OF SAN RAMON DRFA RETIREE BENEFITS JUL 2023-JUN 2024 194,099.54 COMCAST COUNCIL AV RM BUSINESS CABLE 7/18-8/17/2024 99.17 CARBONIC SERVICE WAVE POOL MAINTENANCE 385.39
CDW GOVERNMENT INC CISCO DIRECT LICENSE-SME-1YR 1,269.50 BEST LOCKERS, LLC WAVE ANNUAL LOCKER SERVICE FEE 6,780.06 AKSHAY ARORA ARORA TENNIS & FITNESS REC CLASS INSTRUCTOR 6,180.00 A4 PROMOTIONS & INCENTIVES BUSINESS CARDS 115.28
ADITYA T. BABU CLUB V.I.P. VOLLEYBALL REC CLASS INSTRUCTOR 1,920.00 BYOG BUSINESS PROMOTION: SHOP LOCAL SHIRTS 1,898.62
CALIFORNIA BUILDING STANDARDS GREEN BUILDING FEES - APR-JUN 2024 1,274.40 BPXPRESS SAFE ROUTES TO SCHOOLS MAY 2024 149.12
BSK ASSOCIATES INC. TESTING/INSP FALLON SPORTS PARK PH3 JUN 2024 321.75 BEST VERSION MEDIA, LLC EAST DUBLIN LIVING AD 408.30
BFS LANDSCAPE ARCHITECTURE FALLON SPORTS PARK DESIGN SVCS - PHASE 3 MAY 2024 642.50 4LEAF INC. BUILDING INSPECTION & PLAN REVIEW JUN 2024 60,240.00 Payments Issued 7/26/2024 Total: 312.34
INTERNAL REVENUE SERVICE ANNUAL FEDERAL EXCISE TAX 312.34 ALAMEDA COUNTY FIRE DEPARTMENT ATTN: FIRE SERVICES FY24-25 JUL 2024 1,483,859.50 Payments Issued 7/24/2024 Total: 0.11
Payments Issued 7/22/2024 Total: 4,013,759.77
WORKFORCE INTEGRITY & TRAINING CWA COMPLIANCE FOR DAC JUN 2024 1,632.01 WORKFORCE INTEGRITY & TRAINING WALLIS RANCH PARK JUN 2024 1,355.43 4LEAF INC. STRUCTURAL REVIEW - PK0422 IH NATURE PARK DEC 2023 240.00 VERIZON WIRELESS DATA PLAN FOR LICENSE PLATE READERS 2,517.05 ULINE, INC. 1000 ASSET LABELS 897.00
UNIVERSAL BUILDING SERVICES & SUPPLY CO. WINDOW & CARPET CLEANING PSC JUN 2024 144.00 U S CONF OF MAYORS US CONFERENCE OF MAYORS ANNUAL MEMBERSHIP 2024 5,796.00 U.S. POSTAL SERVICE PLEASANTON MPO POSTAGE FOR FALL/WINTER ACT. GUIDE/ANNUAL REPORT 5,641.07 INTERNAL REVENUE SERVICE BALANCE DUE ON 941 RETURN OF QE 6-30-24 0.11 TRI-VALLEY COMMUNITY TV PEG CONTRIBUTION FY 24-25 16,351.50 TRI-VALLEY TRANSPORT. COUNCIL Q4 REMITTANCE FY23/24 118,915.88 TREASURER ALAMEDA COUNTY PW AGENCY- TRAFFIC SIGNAL AND STREETLIGHT MAINT SVCS MAY 2024 40,174.14 TRI-VALLEY COMMUNITY TV OPERATING SUBSIDY FY 24-25 64,234.00 TREASURER ALAMEDA COUNTY GENERAL FUEL JUN 2024 16,532.40 TREASURER ALAMEDA COUNTY PW AGENCY- TRAFFIC SIGNAL AND STREETLIGHT MAINT SVCS APR 2024 63,713.60 T-MOBILE USA, INC. PIO & PW CELL PHONE SERVICES THROUGH 05/20/2024 163.65 T-MOBILE USA, INC. CELL PHONE SERVICES THROUGH 06/20/2024 656.10 SWINERTON MANAGEMENT AND CONSULTING PLAN/CONSTR REVIEW CULTURAL ARTS CENTER JUN 2024 71,235.50 THE CONSTRUCTION ZONE, LLC MAYOR HERNANDEZ STREET SIGN 55.13 STRATEGIC ECONOMICS INC. ED STRATEGY & GP ED ELEMENT UPDATE 6,038.75 SWANK MOTION PICTURES INC PICNIC FLIX MOVIE NIGHT RENTAL - SUPER SMASH BROS 750.00 RRM DESIGN GROUP, A CA CORP LANDSCAPE PLAN CHECK & INSPECTIONS - MAY 2024 3,491.50 RHONDA CHASE STORM DRAIN ART 1,000.00
RHONDA FRANKLIN ISCS REIMBURSEMENT 158.92
REDWOOD TOXICOLOGY LAB. INC. DPS TOXICOLOGY SERVICES 967.56 SITEONE LANDSCAPE SUPPLY INC. STONE FOR EXTERIOR WALL REPAIRS 178.56 SONYA CANTO WELLREIMB JAN-JUN-24 150.00
SCA OF CA LLC STREET SWEEPING SERVICES JUN 2024 22,845.62 SIERRA DISPLAY, INC. MILITARY BANNER FABRICATION 1,811.13 SCA OF CA LLC STREET SWEEPING SERVICES MAY BIKE RIDE SWEEP 2024 618.00 SCA OF CA LLC STREET SWEEPING SERVICES MAY 2024 22,845.62 REDWOOD PUBLIC LAW, LLP FOR PROFESSIONAL SERVICES RENDERED THROUGH JUN 2024 46,375.95 RHONDA FRANKLIN CALED CONF REIMBURSEMENT 110.42
341
City of Dublin
Payment Issuance Report
Print Date: 8/5/2024
Payments Dated 7/1/2024 through 7/31/2024

7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
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7/29/2024
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7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
7/29/2024
Total Number of Payments Issued:

WAHIDA I. RASHID PLANNING COMMISSION 7/23/2024 50.00
WORKFORCE INTEGRITY & TRAINING COMMUNITY WORKFORCE ADMIN SERVICES AUG 2023 2,454.26 STEPHEN WRIGHT PLANNING COMMISSION 7/23/2024
CONFIDENTIAL ASSESSMENT SERVICE 34,404.50
RENATA FLECCHIA TYLER PLANNING COMMISSION 7/23/2024 50.00 SELECT IMAGING NAME PLATES 121.52
TRB AND ASSOCIATES, INC. PLAN REVIEW & INSPECTION SERVICES JUN 2024 24,963.00 SQUAD SPORTS INC. REC CLASS INSTRUCTOR 5,162.40
450
Grand Total for Payments Dated 7/1/2024 through 7/31/2024: 14,629,153.59 YUET TAK TSOI CPA LICENSE RENEWAL FEE REIMBURSEMENT 340.00 Payments Issued 7/29/2024 Total: 3,339,812.82
WORKFORCE INTEGRITY & TRAINING IRONHORSE NATURE PARK-CWA ADMIN FEB 2024 793.57 WORKFORCE INTEGRITY & TRAINING IRONHORSE NATURE PARK-CWA ADMIN JUN 2024 951.08

50.00 MCE CORPORATION MAINTENANCE SERVICES - MAY 2024 1,073,188.54 KIRA EVERS ESRI CONFERENCE JUL 2024 58.13
LSA ASSOCIATES INC. CEQA DOCUMENT PREP FOR DUBLIN FALLON 580 PROJECT 4,131.25 KIMLEY-HORN AND ASSOC. INC. PROWAG REVIEW & RECOMMENDATIONS JUN 2024 3,262.00 KIMLEY-HORN AND ASSOC. INC. PREPARE CEQA ANALYSIS FOR THE DDSP AMENDMENT 848.00 NICHOLAS OCHOA PLANNING COMMISSION 7/23/2024 50.00
PACIFIC COAST ENTERTAINMENT GROUP LLC WAVE BIRTHDAY PARTY SUPPLIES FY 23-24 526.36 MINUTEMAN PRESS BUSINESS ANNIVERSARY RECOGNITION: INVITATIONS 123.30 MINUTEMAN PRESS CMO OPERATIONAL SUPPLIES 57.66
M-GROUP PLANNING SERVICES - BOULEVARD PH 1-5 3,160.00

SHAW LAW GROUP PC
KIMLEY-HORN AND ASSOC. INC. PROWAG REVIEW & RECOMMENDATIONS MAY 2024 8,267.00 HDL COREN & CONE PROPERTY TAX CONSULTING SVCS JUL-SEP 2024 2,063.86 INTEGRA PLANNING & LANDSCAPE LANDSCAPE PLAN CHECK & INSPECTIONS 67.50 GANNETT FLEMING, INC. CM/PM SERVICES FOR WALLIS RNCH PRK JUN 2024 16,624.53 GLORIA COHN MGMT ANALYST COHORT TRAINING SPEAKER FEE 2,556.58 MATTHEW AINI PLANNING COMMISSION 7/23/2024 50.00
GANNETT FLEMING, INC. STAFF AUGMENTATION FOR STREETS CIPS JUN 2024 9,484.20 FASTSIGNS DETOUR SIGNS FOR IH TRAIL JUN 2024 2,284.99
GANNETT FLEMING, INC. IH NATURE PARK AND OPEN SPACE PHASE 1 MAY 2024 16,558.57 ECS IMAGING INC. CONTRACT MANAGEMENT WORKFLOW 1,050.00
ELECTRICBABY, INC. HOUSING ONLINE FORMS AND HOMEOWNERSHIP PORTAL 5,000.00 KIMLEY-HORN AND ASSOC. INC. ENVIRO PERMITTING CEQA NEPA SVCS-MAPE PRK JUN 2024 1,650.00 ECONOMIC & PLANNING SYSTEMS, INC. INCLUSIONARY ZONING AND IN-LIEU FEE FEASIBILITY 4,839.96 DIV OF THE STATE ARCHITECT CASP FEES - APR-JUN 2024 123.20 DUTCHOVER & ASSOCIATES LANDSCAPE PLAN CHECK & INSPECTIONS 3,786.25 DEREK TEADERMAN INFOCOMM CONFERENCE 2024 625.79
DISABILITY ACCESS DAC DACTRAK SUBSCRIPTION 2024-2025 2,000.00 GANNETT FLEMING, INC. 2023 SLURRY SEAL JUN 2024 13,995.74 DEPARTMENT OF JUSTICE ACCTNG OFFICE- FINGERPRINTING FEES - JUN 2024 273.00 DEPT OF CONSERVATION DIV OF ADMIN SVCS SMIP FEES - APR-JUN 2024 3,600.28 CONVERGEONE, INC. CISCO FLEX RENEWAL - 7/1/24-6/30/25 18,232.60 CPRS DISTRICT III PCS DEPARTMENT CPRS MEMBERSHIP 3,970.00 CONSOR NORTH AMERICA, INC. KOOPMAN CANYON CREEK CHANNEL AND BANK REPAIR MAY 23,254.00 CONTRA COSTA CO.-PUBLIC WORKS DESIGN/ENVIRO SVCS-TASSAJARA RD REALIGNMNT JUN 2024 281,008.07 CONSOR NORTH AMERICA, INC. BRIDGE & STRUCTURE ASSET INSPECTION NOV 2023 1,306.00 CONSOR NORTH AMERICA, INC. BRIDGE & STRUCTURE ASSET INSPECTION MAY 2024 2,512.00 342

STAFF REPORT

CITY COUNCIL

Agenda Item 5.14
DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreements for Long Term Encroachment – Tracts 4236 and 8133 Prepared by: Laurie Sucgang, City Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving an Agreement for Long Term Encroachment for Landscape Features with Homeowners Association for Parcel A of Tract 4236. The City Council will also consider approving the First Amendment to the Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings within Tract 8133.

STAFF RECOMMENDATION:

Adopt the following: 1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Homeowners Association for Parcel A of Tract 4236; and 2) Resolution Approving the First Amendment to the Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Within Tract 8133, Tassajara Highlands.

FINANCIAL IMPACT:

There is no impact to the General Fund. All costs associated with the agreements are borne by the property owners.

DESCRIPTION:

Tract 4236
The homeowners association for Tract 4236 constructed a retaining wall along their landscaped area on property known as Parcel A of Tract 4236, Assessor’s Parcel Number 941-0114-116-00.

Portions of the retaining wall are located within the public street right-of-way of Castle Drive. The homeowners association is agreeable to own and maintain the retaining wall located within the right-of-way. The proposed Agreement for Long Term Encroachment for Landscape Features provides for the homeowners association, Valley Tract 4326 Homeowners Association, to 343

maintain these features within the public street right-of-way. (Attachment 2) Tract 8133
The City and the homeowners association of Tract 8133, Tassajara Highlands, entered into an Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings on August 25, 2016 (Attachment 5). Upon closeout of the development, it was determined that some constructed features were located outside of the area identified in the Agreement. The proposed First Amendment to the agreement will expand the encroachment area to provide for the homeowners association to maintain these features on City-owned property, known as Parcel E of Tract 8133, Assessor’s Parcel No. 986-0055-007-00 (Attachment 4).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features with Homeowners Association for Parcel A of Tract 4236
2) Exhibit A to Resolution - Agreement for Long Term Encroachment for Landscape Features with Homeowners Association for Parcel A of Tract 4236, APN 941-0114-116-00, Castle Drive, BLDG-2024-02962, PWEN-2024-00365
3) Resolution Approving the First Amendment to the Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Within Tract 8133, Tassajara Highlands
4) Exhibit A to Resolution - First Amendment to the Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings within Tract 8133, Tassajara Highlands
5) Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings within Tract 8133, Tassajara Highlands 344
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 08/20/24 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH HOMEOWNERS ASSOCIATION FOR PARCEL A OF TRACT 4236 WHEREAS, the property owner for Parcel A of Tract 4236, Assessor’s Parcel Number 941- 0114-116-00 applied for an encroachment permit, PWEN-2024-00365, and a building permit, BLDG-2024-02962 to install a retaining wall on Parcel A with an encroachment within the public street right-of-way of Castle Drive; and
WHEREAS, the City issued PWEN-2024-00365 and BLDG-2024-2962 to the property owner and their contractor; and
WHEREAS, the property owner, Valley Tract 4326 Homeowners Association and the City desire to enter into an Agreement for Long Term Encroachment for Landscape Features to provide for the property owner to own and maintain the encroaching features; and WHEREAS, the property owner has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features for Parcel A of Tract 4236, APN 941-0114-116-00, Castle Drive, BLDG-2024-02962, PWEN-2024-00365, attached hereto as Exhibit A, which will be recorded against the property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape for Parcel A of Tract 4236, APN 941-0114-116-00, Castle Drive, BLDG-2024-02962, PWEN-2024-00365, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
345
Attachment 2
346
347
348
349
350
351
352
353
354
355
356
357
358
359
Attachment 3
Reso. No. XX-24, Item X.X, Adopted 08/20/24 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR LONG TERM

ENCROACHMENT FOR LANDSCAPE FEATURES, STORMWATER DETENTION, STORMWATER OUTFALL AND MITIGATION PLANTINGS WITHIN TRACT 8133,

TASSAJARA HIGHLANDS
WHEREAS, on August 25, 2016, the City and the developer of Tract 8133, Tassajara Highlands entered into an Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands (recorded in the Official Records of the County of Alameda on September 6, 2016, as Series No. 2016225519, hereinafter “Agreement”); and WHEREAS, upon the final inspection of the improvements located on Parcel E of Tract 8133, the City determined that certain stormwater features were located outside of the easement area identified in the Agreement; and
WHEREAS, the property owner, The Enclave at Tassajara Homeowners Association, and the City desire to enter into an amendment to the Agreement to revise the encroachment area to include the stormwater features and to provide for the property owner to maintain the encroaching features on Parcel E of Tract 8133; and
WHEREAS, the property owner has executed and filed with the City of Dublin the First Amendment to Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands, attached hereto as Exhibit A, which will be recorded against the property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Associated with Tract 8133, Tassajara Highlands, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVED that the City Engineer, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
360
Attachment 3
Reso. No. XX-24, Item X.X, Adopted 08/20/24 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
361
Attachment 4
362
363
364
365
Attachment 5
366
367
368
369
370
371
372
373
374
375

STAFF REPORT

CITY COUNCIL

Agenda Item 5.15
9DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Civic Center Rehabilitation Project CIP No. GI0122 – Acceptance of Work Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY:

The City Council will consider the acceptance of the Civic Center Rehabilitation Project. The project converted three existing spaces on the second floor of City Hall into six spaces to better address current staffing and operational needs.

STAFF RECOMMENDATION:

Adopt the Resolution Accepting the Civic Center Rehabilitation Project, CIP No. GI0122.

FINANCIAL IMPACT:

The Civic Center Rehabilitation Project is complete, and the project funding and costs were as follows:

Project Funding Source
General Fund Designated Reserves $2,236,730.00
Total Funding $2,236,730.00
Estimated Expenditures
Construction Contract with Change Orders $331,491.48
Furniture, Fixtures, and Equipment (FF&E) $26,000.00
Contract Services, Design, Salary, and Testing $142,508.52 Total Expenditures $500,000.00
Estimated Project Balance $1,736,730
Upon the City Council’s acceptance of the project, the remaining budget will be retained within the Civic Center Rehabilitation Project CIP No. GI0122 to fund other renovation and rehabilitation 376

projects in the Civic Center.

DESCRIPTION:

On November 7, 2023, the City Council awarded a construction contract in the amount of $298,702 to C. Overaa & Co. for the Civic Center Rehabilitation Project, CIP No. GI0122. During construction, change orders were issued which resulted in the final construction contract amount of $331,491.48.

This project provided for various improvements to the Civic Center, reconfiguring three existing spaces into six spaces on the second floor of City Hall. The existing file room was divided into two spaces that can be configured as either offices or smaller meeting rooms. An existing conference room was reconfigured into an office and a small meeting space. The existing storage room was converted into a copier and printer alcove.

Staff has determined that the project is complete and recommends that the City Council accept the project.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted. A courtesy copy of this report was sent to C. Overaa & Co.

ATTACHMENTS:
1) Resolution Accepting the Civic Center Rehabilitation Project, CIP No. GI0122 2) CIP No. GI0122
377
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 1 of 1 RESOLUTION NO. XX - 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
ACCEPTING THE CIVIC CENTER REHABILITATION PROJECT, CIP NO. GI0122 WHEREAS, on November 7, 2023, the City of Dublin entered into a Construction Contract with C. Overaa & Co. for the Civic Center Rehabilitation Project, with improvements that converted three existing spaces on the second floor of City Hall into six spaces; and WHEREAS, said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and
WHEREAS, as a condition of the contract, C. Overaa & Co. is required to warranty the improvements for a period of one year following the completion of the work and maintain a maintenance bond in the amount of 10% of the final contract value.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Civic Center Rehabilitation Project, CIP No. GI0122 and authorize Staff to file a Notice of Completion with Alameda County.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager, or designee, to release the retention, if after 35 days of filing the Notice of Completion there are no subcontractor claims.

BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager, or designee, to release the maintenance bond at the end of the one-year warranty period.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
378
Number – GI0122 CIVIC CENTER REHABILITATION Program – GENERAL IMPROVEMENTS

PROJECT DESCRIPTION
This project provides for the planning, design, and construction of various rehabilitation and renovation projects at the Civic Center. Projects may include: renovation of all restrooms, showers, kitchenettes, and the employee break room; modifications to conference rooms; lighting and ceiling replacement; site improvements to the parking lot area and surrounding walkways of the Civic Center; plaza and landscaping improvements; building security evaluation and upgrades; repainting; and Americans with Disabilities Act (ADA) and Code upgrades. Interior repainting in select areas was completed during construction of the Civic Center HVAC and Roof Replacement project, and minor parking lot and walkway improvements are anticipated to be designed and constructed in conjunction with the Dublin Arts Center project. This project also includes the partitioning of three spaces into six on the second floor of the Civic Center.

This project is funded by General Fund Reserves. Other potential funding sources for the building security upgrades may include Federal and State public safety grants.

PROJECT TIMELINE: The project is currently in various stages of design or construction.

ANNUAL OPERATING IMPACT: None.
2024-2029 CAPITAL IMPROVEMENT PROGRAM

ESTIMATED COSTS
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
9100 – Salaries & Benefits $80,140 $80,140
9200 – Contract Services $511,590 $100,000 $611,590
9400 – Improvements $1,425,000 $100,000 $1,525,000
9500 – Miscellaneous $15,000 $5,000 $20,000
TOTAL $2,031,730 $205,000 $2,236,730

FUNDING SOURCE
PRIOR
YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE

YEARS TOTALS
1101 – General Fund Designated
Reserves $2,031,730 $205,000 $2,236,730
TOTAL $2,031,730 $205,000 $2,236,730
Attachment 2
379

STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: August 20, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5868 Tassajara Road (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 Prepared by: Laurie Sucgang, City Engineer & Laura D. Beaton, Special Counsel to the City
EXECUTIVE SUMMARY:

The City Council will consider adopting a Resolution of Necessity to authorize the commencement of an eminent domain action to acquire a portion of the property located at 5868 Tassajara Road (Assessor’s Parcel Number 986-28-2) and a temporary construction easement for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate, and adopt the Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119.

The City Council must consider all evidence presented at the hearing on the Resolution, and must find and determine each of the following in order to adopt the Resolution: (1) the public interest and necessity require the project; (2) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; (3) the property is necessary for the project; and (4) the City has made the offer required by Government Code section 7267.2 to the owners of record of the property. 380

FINANCIAL IMPACT:

The direct fiscal impacts include the costs of real property acquisitions, attorney fees and costs if the eminent domain action is filed, and administrative expenses. No residences or buildings are being taken. No person or business is being displaced or will need to relocate and there are no associated relocation expenses.

The amount of compensation that the City is required to pay the property owners to acquire a portion of the property is not at issue at this hearing. The amount of compensation will be determined in a court trial following adoption of the proposed Resolution of Necessity.

All costs to date associated with Staff, real property consultants, and attorneys are covered by the existing appropriated funds as approved in the 2024-2029 Capital Improvement Program (CIP) project budget for the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School, CIP No. ST0119.

DESCRIPTION:

Background
The General Plan and Eastern Dublin Specific Plan identified Tassajara Road as a six- to eight-lane arterial roadway linking several developments in eastern Dublin with Contra Costa County to the north, where the roadway name changes to Camino Tassajara, and the I-580 freeway and City of Pleasanton to the south. In 1999 and 2004, the City adopted right-of-way lines for Tassajara Road, between I-580 and the northern boundary of Dublin Ranch Phase 1 as Ordinance No. 20-99, and between North Dublin Ranch Drive to the Alameda - Contra Costa County limit line as Ordinance No. 21-04.

In coordination with Contra Costa County, a revised alignment of Tassajara Road/Camino Tassajara was proposed between Palisades Drive in the City and Windemere Parkway in the County, to improve the existing horizontal alignment and to improve traffic safety.

In 2016, the City Council approved the addition of the Tassajara Road Realignment and Widening Project into the Five-Year Capital Improvement Program and directed Staff to proceed with the preliminary design of a revised alignment of Tassajara Road, which includes four lanes, instead of six lanes, north of North Dublin Ranch Drive. The reduction from six lanes to four lanes was supported by a study initiated by the City and Contra Costa County, “Tassajara Road/Camino Tassajara Capacity Analysis” (“Traffic Analysis”), which was based on up-to-date land-use estimates along with refined street network data anticipated in the Eastern Dublin Specific Plan (EDSP) and in the Eastern Dublin Environmental Impact Report (EIR). The Traffic Analysis concluded that reducing Tassajara Road/Camino Tassajara from six to four lanes (two in each direction) between North Dublin Ranch Drive in the City and Windemere Parkway in the County would result in similar levels of service at intersections, minimal traffic diversion to other roads, and minimal increase in travel times compared to a six-lane configuration.

On April 21, 2020, the City Council approved Resolution No. 31-20 adopting an amendment to the General Plan and EDSP changing the segment of Tassajara Road from North Dublin Ranch Drive to 381

the northern City limit with Contra Costa County to a four-lane arterial roadway. Soon thereafter, Staff and consultants proceeded with the design phase of the project to improve Tassajara Road from North Dublin Ranch Drive to Quarry Lane School to a four-lane arterial standard with bike lanes, sidewalks, landscaped median, stormwater treatment areas, street lighting, and other associated street improvements.

Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School (Project) The construction of the Project requires the acquisition of right-of-way along the west side of the roadway. A strip of land and a temporary construction easement over the property located at 5868 Tassajara Road, Assessor’s Parcel Number 986-28-2, is required. The fee acquisition area is a strip of land along the Tassajara Road, consisting of approximately 1,972 square feet. Additionally, the City will require a temporary construction easement, along the fee acquisition strip, consisting of approximately 2,095 square feet. The temporary construction easement will be in place for a period of 12 months, which is necessary for construction of the Project. Together, the fee acquisition area and the temporary construction easement are referred to as the “Property,” and are more particularly described in Exhibits A and B to the Resolution. The Property is owned by Javid Roshan and Zarmina Mayar.

The City sent a written offer to purchase the Property to the owners on February 6, 2023, based on the full appraised value of the Property as appraised by real estate appraiser Keith Shintani of Associated Right of Way Services, Inc. (Attachment 3). The City later provided an updated appraisal by the same real estate appraiser on February 20, 2023 (Attachment 4), and sent a new written offer that exceeded the updated appraisal amount. Additionally, written offers to purchase the Property in excess of the updated appraisal amount were sent to the owners on July 1, 2024, and on July 24, 2024 (Attachments 5 and 6). The City has made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2. However, the City has been unsuccessful to date in attempts to acquire the Property through negotiations.

Adoption of the Resolution of Necessity and Findings
By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of an eminent domain action to acquire the Property. The Resolution must be approved by a two-thirds vote of the City Council. Before adoption of the Resolution of Necessity, the City Council must make the following findings based on evidence presented at the hearing:

1. The public interest and necessity require the Project. The acquisition of the Property will enable the City to proceed with the Project. The Project is necessary to improve safety and traffic movement on Tassajara Road and will complete the street improvements between North Dublin Ranch Drive and Quarry Lane School, which includes a four-lane arterial standard with bike lanes, sidewalks, landscape median, stormwater treatment areas, street lighting, and other associated street improvements.

2. The proposed project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. The acquisition of the Property is consistent with the City’s General Plan. No person or business is being displaced or will need to be relocated.
382

3. The Property is necessary for the Project. As previously stated, the Project requires the acquisition of the Property. There is no other land that could be acquired and used to complete the Project.

4. The City has made the offer required by Government Code section 7267.2 to the owner of record. As explained above, the City has made multiple offers to the owners and has made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2. However, the City has been unsuccessful to date in attempts to acquire the Property through negotiations.

Environmental Review
On March 3, 2020, the City Council approved a CEQA Addendum to the Initial Study/Mitigated Negative Declaration (Resolution No. 17-20), which was previously adopted in 2004. The Addendum addressed the programmatic change in the number of ultimate travel lanes from six lanes to four lanes for a portion of Tassajara Road, including the subject segment from North Dublin Ranch Drive to Quarry Lane School. The right-of-way necessary to construct this segment is also addressed in the approved Addendum.

Policy Alternatives
The City Council may choose not to adopt the Resolution of Necessity and direct Staff to continue negotiations. Negotiations with the property owners can also continue after adoption of the Resolution of Necessity, or even after the filing of an action in eminent domain.

STRATEGIC PLAN INITIATIVE:

Strategy 5: Long-Term Infrastructure and Sustainability Investments Objective B: Focus on major street improvements to assist in improving safety and traffic movement, including Village Parkway, Tassajara Road, and the Dublin Boulevard extension.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted. The notice of the proposed Resolution of Necessity must be sent to “each person… whose name and address appears on the last equalized county assessment roll” (Code of Civil Procedure §1245.235(a)). This notice was provided to the property owners on August 5, 2024.

ATTACHMENTS:
1) Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No.

ST0119
2) Exhibits A and B to Resolution – Property Description 3) Offer to Purchase and Appraisal Summary Statement, dated February 6, 2023 4) Offer to Purchase and Updated Appraisal Summary Statement, dated February 20, 2024 383

5) Offer to Purchase and Updated Appraisal Summary Statement, dated July 1, 2024 6) Offer to Purchase dated July 24, 2024
7) Notice of Intent to Adopt Resolution of Necessity, dated August 5, 2024 384
Attachment 1
Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 1 of 3 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUSITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 5856 TASSAJARA ROAD, DUBLIN, CA (ALAMEDA COUNTY APN 986-28-2) AND A

TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119
PROPERTY OWNERS: JAVID ROSHAN AND ZARMINA MAYAR
PROPERTY LOCATION: 5856 TASSAJARA ROAD, DUBLIN, CA
ALAMEDA COUNTY ASSESSOR’S PARCEL NO. 986-28-2 (PORTION) WHEREAS, in order to construct the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 (“Project”), the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article 1, Section 19 of the Constitution of the State of California, California Code of Civil Procedure sections 1240.010-1240.050, 1240.110, and 1240.120; California Government Code sections 37350.5, 39792, and 40404; and Streets and Highways Code section 10102; and WHEREAS, it is desirable and necessary for the Project for the City to acquire in fee a portion of the property located at 5868 Tassajara Road, Dublin, CA, along with a temporary construction easement (the “Property”) to widen Tassajara Road from two to four lanes between North Dublin Ranch Drive and Quarry Lane School, and also to add bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocate utilities, in order to more efficiently and safely move vehicular, pedestrian, and bicycle traffic on Tassajara Road; and WHEREAS, the Property is a portion of Alameda County Assessor’s Parcel Number 986- 28-2 in Dublin, California, and is more particularly described and depicted collectively in Exhibits A and B attached hereto, which is incorporated herein by this reference; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the owners of the Property notice of hearing to consider a resolution of necessity to acquire the Property, informing them of the date and time any interested person can be heard before the City Council on the following matters and to have the City Council consider testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings:
(a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury;
(c) Whether the Property sought to be acquired is necessary for the Project; and (d) Whether the City has made the offer required by Government Code section 7267.2 to the owners of record; and
WHEREAS, an offer was presented to the property owners, pursuant to Government Code section 7267.1 and 7267.2, and the City made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2; and 385
Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 2 of 3 WHEREAS, the City Council is satisfied that the requirements of the California Environmental Quality Act (“CEQA”) have been met, and public notice has been given in the form provided by law as part of the various approvals for the Project, and members of the public have been given extensive opportunity for public review and comment; and WHEREAS, on March 3, 2020, the City Council adopted Resolution No. 17-20 approving a CEQA Addendum to the Initial Study/Mitigated Negative Declaration, which was previously approved in 2004; and
WHEREAS, the City Council considered this matter as an item placed on its agenda at its regular meeting on August 20, 2024; and
WHEREAS, the finding and conclusions made by the City Council pursuant to this Resolution are based upon substantial evidence in the entire record before the City Council, and are not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including each of the Project-related documents relevant to the adoption of this Resolution, including but not limited to the prior environmental review documents for the Project, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the City Council has duly considered all pertinent information presented to it on the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) whether the Property sought to be acquired is necessary for the Project; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has found, determined, and ordered as follows:

1. The City of Dublin intends to acquire through the exercise of the power of eminent domain the real property identified above as the “Property” and more particularly described and shown in Exhibits A and B, attached hereto and incorporated by reference.

2. The public use for which the Property is to be taken is for the widening of Tassajara Road from two to four lanes and adding bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocating utilities between North Dublin Ranch Drive and Quarry Lane School (the “Project”).

3. The City is authorized to acquire the Property for the Project pursuant to California Government Code sections 37350.5, 39792, and 40404, and Streets and Highways Code section 10102.

4. The City Council declares that is has found and determined each of the following:
(a) The public interest and necessity require the Project. 386
Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 3 of 3 (b) The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury.
(c) The Property is necessary for the Project.
(d) The City has made the offer required by Government Code section 7267.2 to the owners of record of the Property as listed in the last equalized roll, and specifically to Javid Roshan and Zarmina Mayar.

5. The City of Dublin and its appropriate officers, employees, and agents are hereby authorized and empowered to:
(a) Acquire, in the name of the City of Dublin, the Property by condemnation in accordance with the provisions of the Eminent Domain Law and Constitution of the State of California;
(b) Prepare, file, and prosecute in the appropriate court, such proceedings in eminent domain as are necessary for the acquisition of the Property; (c) Deposit the probable amount of just compensation with the appropriate authority; and (d) Apply to a court of competent jurisdiction for an order permitting the City of Dublin to take immediate possession and use of the Property.

6. Notice and reasonable opportunity to appear and be heard on August 20, 2024, on the matters enumerated in the Code of Civil Procedure section 1240.030 has been given to each of the persons whose name and address appears on the County’s last equalized roll and specifically to Javid Roshan and Zarmina Mayar.

PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
387
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
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Attachment 2
388
389
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
October 24, 2022
BKF Job No: 20190525

LEGAL DESCRIPTION
EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT
Real property situate in the City of Dublin, County of Alameda, State of California, described as follows:

Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows:

COMMENCING at the northerly monument as shown as “N03º24'16'E 2057.32'(M-M)” on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet;
Thence perpendicular to the last described course, North 86º35’44” West 33.00 feet to the westerly line of Tassajara Road;
Thence along the northerly line of said lands (2013-350453), North 85º42’56” West 9.00 feet, said point also bring the TRUE POINT OF BEGINING;
Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands;
Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses:
1) North 3°24'16" East, 130.51 feet;
2) North 86°35'44" West, 0.67 feet;
3) North 3°24'16" East, 69.11 feet;
4) South 86°35'44" East, 0.67 feet;
5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING.

Containing 2,095 square feet, more or less.

As shown on plat attached hereto and by this reference made part hereof as Exhibit B.

For: BKF Engineers
_________________________
Davis Thresh, P.L.S. No. 6868
_________________________
Dated
390

POC TEMPORARY CONSTRUCTION EASEMENT TPOB
Plot Oct 24, 2022 at 10:42am 190525_DOC_PLAT.dwg COPYRIGHT © BKF ENGINEERS 2021 BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT 20190525 KH 10/24/2022 WS 1 1 40scale 1" = 40' 0 40 feet LEGEND 391
February 6, 2023
Javid Roshan and Zarmina Mayar
5868 Tassajara Road
Dublin, CA 94568
Re: Tassajara Road Improvements
North Dublin Ranch Drive to Quarry Lane School Project
Site Address:5868 Tassajara Road, Dublin, CA
APN:986Ͳ0028Ͳ002Ͳ00
Dear Property Owner:

In connection with the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project (Project), this letter and accompanying paperwork contains updated material related to the City’s offer to purchase property for this public project.

Attached for your review are the following documents:

1. Appraisal Summary Statement and Summary of the Basis of Just Compensation

2. Summary Statement Relating to the Purchase of Real Property or an Interest Therein

3. Property Purchase Agreement

4. Grant Deed

5. Grant of Temporary Construction Easement

6. Property Acquisition Information Pamphlet
Please review the documents closely.This offer in the amount of $78,600.00 is made in accordance with the requirements of Section 7267.2 of the Government Code and represents the value of the property interests proposed to be acquired as determined by an independent state licensed and certified appraiser. If there is a lessee in possession of the property and improvements are being acquired, or any other holder of an interest in the subject property, an offset statement or equivalent declaration would be required to confirm respective ownership of those improvements. Quitclaim Deeds from any lessees or other interest holders as to the area being acquired whether or not improved may also be necessary.

We are prepared to meet and discuss the proposed acquisition with you at your convenience.The City’s consultant assigned to assist you is Rosalyn Zeigler and she can be reached at (925) 691Ͳ2872.The City will assist in processing all documents, including providing notary public services, and escrow.Expenses incidental to transfer of title to the City are paid by the City and these are detailed in the Purchase Agreement.

Sincerely,
Andrew Russell, PE
Public Works Director
Enclosures
cc:William Wahbeh, PE, Associate Civil Engineer, City of Dublin Laurie Sucgang, PE, City Engineer, City of Dublin
Michael Boitnott, Capital Improvement Program Manager, City of Dublin Rosalyn Zeigler, AR/WS
Attachment 3
392

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

BASIC PROPERTY DATA
OWNER: Javid Roshan and Zarmina Mayar
PROJECT: Tassajara Road Improvements - North Dublin
Ranch Drive to Quarry Lane School
PROPERTY ADDRESS: 5868 Tassajara Road, Dublin, California DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years
ZONING: PD RESO. 104-94 (Planned Development)
GENERAL PLAN: Stream Corridor; Medium Density Residential PRESENT USE: Owner-occupied Residential
HIGHEST AND BEST USE c: As Vacant: Medium density residential development at the highest density allowed and
approved by the City
As Vacant (Porterville Premise): Single-family
residential lot
As Improved: Continued use of the existing
improvements with redevelopment potential.

TOTAL PROPERTY AREA: 1 Acre or 43,740 square feet (sf)
PROPERTY RIGHTS PROPOSED TO BE ACQUIRED: Partial Fee Simple: 1,972 sf.

Temporary Construction Easement: 2,095 sf.

DATE OF THIS VALUATION: March 18, 2022

BASIS OF VALUATION
The just compensation being offered by the City of Dublin (City) is not less than the City’s approved appraisal of the fair market value of the property. The fair market value of the property proposed for acquisition is based on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate, sales of comparable properties and income data are utilized. Principal transactions of comparable properties, where evaluated, are included herein on Page 8. The appraiser has given full and careful consideration to the highest and best use for development of the property and to all features inherent in the property, including, but not limited to, zoning, development potential and the income the property is capable of producing.

California Code of Civil Procedure Section 1263.320 defines fair market value as follows:
a.) The fair market value of the property taken is the highest price as the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. b.) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.
393

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

The market value for the property proposed to be acquired by the City is based upon Code of Civil Procedure Section 1263.320a as defined above.

Value of the Entire Property: $ 475,000 (on a lot basis)

THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY

Value of the Property Rights proposed to be acquired:

A. Fee Simple Land and included Site Improvements: $ _70,991.00_

B. Improvements Pertaining to the Realty d: $ __ N/A____ C. Permanent Easement: $ __N/A____
D. Temporary Construction Easement $ __2,275.00__

$ _ __73,266.00__
(Sum of items A thru D)
Severance DamagesO:

In addition to determine the market value of the parcel sought to be acquired severance damages were considered. Severance damages are determined based on whether or not the remainder would be diminished in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner proposed. Some severance damage may be mitigated or entirely eliminated by estimating the cost to cure the damage. Where severance damages are found, offsetting benefits are determined. (See Page 11 – Benefits Property Rights Appraised
Land Area
(Sq.Ft.)
Estimated
Value / Sq.Ft.

Estimated
Value
Partial Fee Simple Acquisiton 1,972 x $10.86 = $21,416
Total Proposed Fee Simple Land Acquisition: $21,416
Site Improvements
Sq. Ft. / Ln. Ft.
/ Units
Replacement
Cost New
($/Unit)
Less
Depreciation =
Estimated
Value
Wooden fencing 240 x $50.00 - 25% = $9,000
Wooden gate 14 x $50.00 - 25% = $525
Automatic gate 1 x $3,500.00 - 25% = $2,625
Brick pavers 208 x $21.00 - 25% = $3,276
Aggregate paving 48 x $15.00 - 25% = $540
Tower lights 2 x $3,000.00 - 25% = $4,500
Chicken coop 1 x $1,000.00 - 0% = $1,000
Landscaping 1,282 x $17.00 - 0% = $21,794
Water fountain 1 x $6,000.00 - 0% = $6,000
Pergola 15 x $28.00 - 25% = $315
Total Site Improvement Acquisitions: $49,575
Property Rights Appraised
Land Area
(Sq. Ft.)
Estimated
Value / Sq. Ft.

Rental Rate /
Month
Duration
(Years)
Estimated
Value
Temporary Construction Easement 2,095 x $10.86 x 10% x 1 = $2,275 Total Proposed Temporary Construction Easement Acquisition: $2,275 394

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

defined.) Under California law, benefits can only be offset against severance damages. If no severance damages are found, there is no application of offsetting benefits.

No severance damages were found for the following reasons: Cost of curing the severance has been determined to be the best measure of severance for the proposed acquisition. The cost to cure is estimated to be $5,262.00 and its breakdown is as follows on the next page:

E. Cost to Cure Damages: $ ___5,262.00
*Represents the value concluded in the improvement section for the amount of fencing being replaced as a cost to cure on a linear foot basis
F. Incurable Damages: $ _N/A ___

Total Damages: $ __5,262.00 __
(Sum of items E & F)
BenefitsP: $ Not Quantified _
JUST COMPENSATION FOR ACQUISITION: $ 78,528.00
Rounded to: $ 78,600.00
Site Improvements
Sq. Ft. / Ln. Ft.
/ Units
Replacement
Cost New
($/Unit)
Less Amount
In Improvements
Estimated
Value
Wooden fencing 217 x $50.00 - $8,138* = $2,712
Wooden gate 14 x $50.00 - $525 = $175
Automatic gate 1 x $3,500.00 - $2,625 = $875
Tower lights 2 x $3,000.00 - $4,500 = $1,500
Total Damages (Cost to Cure): $5,262
395

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL The Sales Comparison approach is based on the consideration of comparable land sales.

Indicated value by Sales Comparison Approach: $ 475,000 or $10.86 per sf See page 8 for principal transactions
The income and cost approaches are not considered applicable to this assignment since these approaches do not typically apply to the valuation of land.

SUMMARY OF THE BASIS FOR JUST COMPENSATION
Narrative summary of the valuation process supporting compensation:

Project Description
The project involves a redesign of portions of the future widening of Tassajara Road within the proposed project limits. Much of the roadway has already been developed as part of the Eastern Dublin Specific Plan even before the Plan was adopted. The current project proposed a reduction in the number of travel lanes for currently unimproved and improved portions of Tassajara Road from six to four lanes. Roadway reductions would be implemented as part of road improvement projects undertaken by the City as part of the Capital Improvement Project.

Two segments of existing Tassajara Road are proposed for improvements to four travel lanes. The City proposes to undertake the initial phase of the road widening improvements, identified as Segment 1, in the immediate future. The northern segment (Segment 2) extends from north of Palisades Drive-Kylemore Entry intersection on the south to the northern city limit. The southern segment of the road (Segment 1) stretches from a point located north of North Dublin Ranch Drive to a point just south of the southern boundary of Quarry Lane School.

Property Description
Larger Parcel
There are three criteria, or tests, for determining the larger parcel. These are: unity of ownership; contiguity; and unity of use. Abutting parcels to the subject are under different ownership. It has been concluded that assessor’s parcel number 986-28-2 comprises a single economic unit and is the larger parcel or subject property.

Site Description
The subject property is located on the west side of Tassajara Road in the City of Dublin. The property has approximately 215 linear feet of frontage along Tassajara Road. Near the subject property, Tassajara Road is a two-lane, two-directional arterial roadway that traverses in a north-south direction between Fallon Road and Interstate-580. The area near the subject property is comprised primarily of single family residential, rural residential, agricultural and public properties. The subject site appears to be currently used for residential purposes. Further south toward Dublin Boulevard and Interstate 580 are a variety of uses including single family and multifamily residential uses, retail centers, restaurants, offices, medical uses, and automotive dealerships.

The subject property is just northeast of the Alameda County Santa Rita Jail.

The Alameda County Assessor identifies the subject property as Assessor’s Parcel Number 986-0028-002-00, as previously described. According to public records, the site is 1 acre or 43,740 square feet in size. The subject is generally level in topography, except for the area within the creek. Surrounding areas are rolling and hilly in topography. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. 396

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Improvement Description
The subject property appears to be improved with a single-family dwelling and various ancillary structures.

However, the buildings located on the subject property are not impacted by the proposed acquisition, so an interior inspection of the structures were not performed, nor were they measured. The improvements are assumed to be adequately served by an on-site well and septic system.

Site improvements located within the proposed acquisition area include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox.

Personal Property Description
A detailed inventory of personal property on the subject property was not taken by the Appraiser. No interior inspection was made of the structures located on the subject property, since these improvements were not located in the proposed acquisition areas. Therefore, items of personal property within the structures are unknown, but are assumed to be typical of the market for similar improvements. Various miscellaneous items were observed within the proposed acquisition areas at the time of inspection.

Zoning and Highest and Best Use:

The zoning category for the subject is PD RESO. 104-94 (Planned Development).

According to the Dublin Municipal Code, the purpose of the Planned Development District is to:

A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site.

B. Provide maximum flexibility and diversification in the development of property.

C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans.

D. Protect the integrity and character of both residential and non-residential areas of the City.

E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features.

F. Provide for effective development of public facilities and services for the site.

G. Encourage use of design features to achieve development that is compatible with the area.

H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments.

Permitted uses. No use other than an existing use is permitted in a Planned Development Zoning District except in accordance with a Development Plan adopted pursuant to the Planned Development Zoning District chapter of the municipal code.

PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre), which is established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small-lot and zero-lot line units to large-estate units.

The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. According to the City’s Community Development 397

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Department, a new development would typically have a new planned development plan put in place, which would establish development standards and regulations.

The General Plan land use designation for the subject is a mix of Stream Corridor; Medium Density Residential.

According to the General Plan Land Use Map, the Stream Corridor designation is categorized under the Public/Semi-Public/Open Space classification. As stated in the General Plan, the intent of the Open Space “designation is to ensure the protection of those areas with special significance such as areas with slopes over 30 percent; stream and drainage way protection corridors; woodlands; and visually-sensitive ridgelands. The City may allow only open space uses on this land. Equestrian, riding, and hiking trails will be encouraged. Other types of recreational uses, agriculture and grazing may be permitted where appropriate.” The Conservation Element of the General Plan states guiding policies for stream corridors and riparian vegetation.

1. Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource

2. Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary, while respecting the privacy of owners of property abutting stream corridors.

According to the City’s Engineering Department, pursuant to Section 7.74.110 Watercourse protection, setbacks from a watercourse are thirty feet (30’) of the centerline of any creek or twenty feet (20’) of the top of a bank.

Additionally, the City’s Community Development Department indicated that these setbacks would likely be the minimum, but development requirements may be greater.

As stated in the General Plan, the Residential: Medium Density “designation allows attached residential units and typically includes detached, zero-lot line, duplex, townhouse, and garden apartment development. A second unit (either attached or detached is also permitted on individual parcels.) The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre.

Additionally, the subject property is within the Eastern Dublin Specific Plan with a mix of land use designations of Open Space and Medium Density Residential. As stated in the Specific Plan, the Open Space designation “protects areas with important and/or sensitive resources and areas with natural hazards from development.

Open Space lands include: areas dedicated to the City as open space; areas with slopes predominantly over 30%; stream and drainage way protection corridors; woodlands; visually-sensitive ridgelands; and grazing lands.

In general, open space lands are to be preserved with minimal development. Privately held agricultural land can be used for agricultural production and grazing. Structures related to these agricultural activities will be permitted.

In sensitive resource areas and areas set aside to protect public health and safety, uses will be limited to passive recreation (i.e., walking, hiking, etc.). Development in these areas will be limited to trail improvements.

As stated in the Specific Plan, the Residential: Medium Density “provides for a mix of single family detached and attached units and multi-family units. The density range allows for detached, zero-lot line, duplex, townhouse, and garden apartment development. It is intended that within areas with this designation, that dwelling unit types and densities would be varied to accommodate a range of housing needs. Assumed household size is 2.0 persons per unit.” The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre.

As If Vacant
In the case of the subject property, the legally permissible uses are determined by the City of Dublin, which has zoning jurisdiction over the subject. As indicated earlier, the subject property is zoned PD RESO. 104-94 (Planned Development), which does not permit uses other than an existing use except when a Development Plan is adopted. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 398

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

dwelling units per acre). The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. The General Plan land use designation for the subject is a mix of Stream Corridor and Medium Density Residential. The Eastern Dublin Specific Plan designates land uses for the subject as a mix of Open Space and Medium Density Residential.

The subject property is approximately 1 acre or 43,740 square feet. The subject is generally level in topography, except for the area within the creek. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. The market for residential properties over the past several years, including vacant residential land and rural residential sites, has improved considerably. The highest and best use of the subject property, as if vacant, would be for medium density residential development at the highest density allowed and approved by the City.

As Improved
The subject property appears to be improved with a single-family dwelling and various ancillary structures. The subject property has a mix of Stream Corridor/Open Space and Medium Density Residential land use designations according to General Plan and Eastern Dublin Specific Plan. The western portion of the property is designated Stream Corridor/Open Space primarily where the Tassajara Creek crosses the property and a portion of the level area of the site. The eastern portion is designated Medium Density Residential. The highest and best use of the subject property, as improved, is for the continued use of the existing improvements with redevelopment potential in the future once land value exceeds the value at the current improved use.

Dedication Requirements
In addition to state statutes, court decisions govern the appraisal of land required for public improvements. Two cases, City of Porterville v. Young and City of Fresno v. Cloud recognize the power of local jurisdictions to require the dedication of land as a condition of obtaining development approval and are a consideration in evaluating the highest and best use at which the property is appraised.

The City of Dublin currently has a dedication policy. According to the City’s Land Development Department, subject property would be subject to dedication requirements per the below references:
x Per DMC section 7.72.020, for building permits and various planning entitlements including Condition Use Permits, Site Development Review, Variance, and Planned Development, if the proposed project will result in an increase in traffic generation or adversely affect public safety then dedication and improvements are required.
x Per DMC section 7.72.050, exceptions, the provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use.
x Per DMC section 9.08.090 (B) and 9.08.100 (B), for subdivisions the City can condition right of way dedications.

It is understood that the subject property would be subject to dedication requirements if a permit to develop were applied for by the owner. The owner would be required to dedicate land for the roadway of Tassajara Road.

Where a portion of property would typically be required to be dedicated for a public use as a condition of obtaining development approval for a higher or more profitable use, that portion of the property being acquired for the same public use prior to the imposition of the dedication requirement is appraised at the use that is permissible without triggering a dedication requirement. Therefore, the subject underlying land is appraised consistent with its current residential use, as a single-family residential lot. 399

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Valuation Approach
Sales Comparison Approach
Since the proposed acquisitions will include only land and site improvements, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The concluded unit value has been used to value the proposed acquisitions.

A modified cost approach was used to value site improvements that will be affected as a result of the project.

The income approach was not utilized because sellers, buyers, and our peers in this market rarely rely on this approach when offering, purchasing, or valuing land similar to the subject underlying land.

Research was conducted to find comparable land sales in the subject’s market area. The comparable sales were researched, inspected, and verified to the extent possible. Those that could not be confirmed with a party to the transaction were verified through public records, subscription services and other sources. The following table displays a summary of the selected sales reflecting the actions of buyers and sellers in the marketplace and judged to be most representative of current market conditions for the subject property.

Sales Data Summary Table
Residential Lot Sales Data
Address
No. City, State
APN
RL-01 6590 Sunnyslope Ave
Castro Valley, CA (uninc.)
RL-02 5123 Jensen Rd
Castro Valley, CA (uninc.)
RL-03 Jensen Rd
Castro Valley, CA (uninc.)
RL-04 5427 Jensen Rd
Castro Valley, CA (uninc.)
RL-05 5427 Jensen Rd
Castro Valley, CA (uninc.)
Subject 5868 Tassajara Rd DOV
Dublin, CA 03/18/22 N/A
Under Premise of Porterville:

Single-Family Residential Lot
43,740

1.00 Stream Corridor; Medium Density
Residential
40,168
Sale 0.92 $475,000
$634,000
05/05/21 157,171
$640,000
06/23/21 71,874
$368,000
08/05/21 11,520
Sale $631,000
01/18/22

1.28 55,757
R1-L-BE-CSU-RV (Single Family
Residential)
CVGP-RM (Castro Valley General Plan
- Resource Management)
PD-1489 (Planned Development)
Sales Price
Type of
Transaction
Parcel Size
(Acres)
Parcel Size
(Sq. Ft.)
Zoning
COE General Plan
CVGP-RR (Castro Valley General Plan
- Rural Residenital)
PD-1489 (Planned Development)
85A-1600-4-3
85-5475-3
85A-350-2-8
85A-6436-6
CVGP-RR (Castro Valley General Plan
- Rural Residenital)
PD-1876 (Planned Development)
Sale 0.26
Sale 1.65
Sale 3.61
85A-6436-5
Rural Density Residential
986-28-2
PD-1876 (Planned Development)
Rural Density Residential
PD RESO. 104-94 (Planned
Development)
05/05/21
400

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Land Value Conclusion (Unencumbered)
The five comparable land sales range from an unadjusted sales price of $368,000 to $640,000. After making adjustments for property characteristics and market factors, the comparable sales indicate value range for the subject above $368,000, below $631,000 and near $475,000, indicated by Comparables RL-02, RL-01 and RL-05 respectively. Comparable RL-01 is the most recent sale, is smaller than the subject property, but sold with entitlements. Comparable RL-02 required removal of an old foundation, sold in inferior market conditions, is the smallest comparable sale, had inferior site utility, but is located judged to be in a superior location and sold with entitlements. Comparable RL-05 sold in inferior market conditions and had inferior site utility, but is judged to be in a superior location. Based on the foregoing data, while considering the definition of market value, the land of the subject property is judged to warrant a value toward the upper end of the comparable sales or $475,000 on a lot basis, as of the date of value.

Fee Simple Acquisition
The proposed partial fee simple acquisition is located along the eastern portion of the subject property that fronts Tassajara Road. The proposed acquisition is a long narrow strip consisting of 1,972 square feet, approximately 9 feet in width and 214 feet in length along the frontage of the property.

Temporary Construction Easements
The proposed temporary construction easement is located along the eastern portion of the subject property near Tassajara Road. The proposed easement is situated adjacent to the proposed partial fee simple acquisition to the west. The proposed acquisition is a long narrow strip consisting of 2,095 square feet, approximately 10 feet in width and 214 feet in length. The proposed temporary construction easement is needed for a period of one year.

An easement is defined as an interest in the land of another person or entity, which entitles the owner of such an interest to a limited use, or enjoyment of the land area so encumbered. It can either be affirmative by allowing some act or actions on the land, or negative by precluding doing certain things with the land so encumbered.

The easement is an interest in real property and is considered non-possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement.

It is commonly understood that the fee interest in land is a 100% ownership. Because land can be divided into various rights, a concept of a “Bundle of Rights” exists. The proposed easement requires only specific rights, which are a portion of the rights. The easement deed defines those rights. The fee ownership will remain the same.

The imposition of an easement requires that the Appraiser analyze the effect on the land and any existing or proposed improvements. The valuation of the rights to be acquired and the limitations imposed on the grantor’s use of the easement area have been analyzed to determine a reasonable allocation for the rights acquired and those remaining to the property owner/grantor. This division or allocation may be expressed as a percentage of the fee simple interest. The valuation of a temporary use of a portion of a property is based on an estimated reasonable rental rate for the land and/or a reasonably expected rate of return for an alternative short-term investment for a specified period of time. Upon expiration of the temporary construction easement, all previous land rights and use of the land revert back to the owner.

Residential land does not typically lease. Leases for other property types are predominately for much larger and typical-shaped areas, and often for longer terms. Shorter term leases, or leases of smaller areas (such as for cell towers or advertising signs), often command a higher rate of return. Leases of areas similar to the project temporary construction easement would be expected to command a relatively high rate of return. A reasonable rate of return on the value of land is determined to be 10% annually. 401

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Site Improvements in Acquisition Areas
Site improvements located in the proposed acquisition areas include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. According to the construction plans provided by the Client, the mailbox is planned to be relocated as part of the construction of the project. Therefore, an estimate has not been included for the mailbox.

The contributory value of the site improvements located in the proposed acquisition areas was considered and it has been concluded that the depreciated replacement cost is equal to market value. Marshall Valuation Service (MVS), a construction cost service widely in use by appraisers, and online resources were utilized to estimate the replacement cost. Delivery and installation were included in the costs where appropriate.

Damages & Benefits
Damages generally occur when the acquisition of a portion of a property results in the remaining property having less value after the acquisition and construction of the project in the manner proposed than it had as part of the original property prior to the taking. Stated another way, after the acquisition of a portion of the property and construction of the project in the manner proposed, the value of the remaining property is less than it was as part of the entire property before the taking.

Cost to Cure
As a result of the project, site improvements will be removed, including wooden fencing, a wooden gate and an automatic gate used to border and secure the subject property. Additionally, two tower lights that illuminate the subject property would be removed. It has been judged that there would be a diminution in value to the remainder by removing these site improvements. The cost to cure the damage as a result of removing these site improvements is the replacement cost less the depreciated value previously indicated and accounted for.

After the project, the subject property retains a similar overall utility in comparison with the before condition.

Therefore, no permanent damages are judged to accrue to the remainder as a result of the proposed acquisitions required for the project or from the construction of the project as proposed, once the preceding items have been cured.

Benefits
Since no permanent damages accrue as a result of the proposed acquisitions, benefits have not been quantified.

Construction Contract Work (CCW)
The Contractor will notify the owner by written notification seven (7 calendar days) and 24 hours in advance of beginning any work at the property. Prior to construction, the Contractor will be responsible to first install (and continually maintain) temporary 6-foot chain link fence at the temporary construction easement (TCE) limit. Once the temporary chain link fence is installed, the Contractor will remove the Property Owner’s existing wood fence, two tower lights, automatic metal gates, wood animal pen, a portion of the rock landscape wall, driveway pavers, and mail box. The Contractor shall place the mailbox at a temporary location so that access to the mailbox will not be impaired. The Contractor will maintain access to the property during construction and would coordinate with the property owner (and approved by the City) if any access to the property is temporarily closed.

The Contractor will perform general clearing, grubbing and grading activities within the TCE and fee acquisition.

The Contractor will then construct curb, gutter, sidewalk, retaining curb and landscaping along the subject street frontage. The Contractor will also construct new asphalt concrete driveway approaches from Tassajara Road to the TCE limits to conform to both of the property owner’s existing driveway openings. The Contractor will place the mailbox to the permanent location as designated by the Engineer.

The Property Owner will be responsible to install fence, automatic metal gates and light towers. Once the permanent fence and gates are installed, the Contractor will remove the temporary chain link fence.

PG&E will relocate the service pole and service connection behind the proposed sidewalk. 402

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

DEFINITIONS*
M Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable use of land which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished.

N Improvements Pertaining to the Realty (if any)
Machinery, Fixtures and Equipment identified here were separately valued as improvements pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in writing) as to ownership of said improvements pertaining to the realty.

O Severance Damages (Applies to Proposed Partial Acquisitions) The appraisal also determines whether or not the City’s proposed acquisition results in damages to the remaining property. The basis for this determination is whether or not the value of the remainder is diminished by reason of the anticipated acquisition of the property interest being acquired and the construction of the improvement in the manner proposed. Severance Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages. (Cost to Cure) P Benefits (Applies to Proposed Partial Acquisitions)
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is acquired in the manner proposed. * These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions.

An owner-occupant of a residential property containing four (4) units or less has a right to review the appraisal on which the written offer to purchase is based.

Appraisal Summary and Offer of Just Compensation
Authorized and Approved for Presentation:

City of Dublin
By:

Andrew Russell, PE
Title: Public Works Director __________________
Date: February 6, 2023
403

CITY OF DUBLIN

SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN

The City of Dublin (City) is proposing to purchase real property or interests therein in connection with the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project (“Project”).

Your property located at 5868 Tassajara Road, Dublin, California, is within the project area and identified by your County Assessor as Parcel Number 986-0028-002-00.

Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner from whom a public agency proposes to purchase real property or an interest therein or as a tenant owning improvements on the property must be provided with a summary of the appraisal of the real property or interest therein, as well as the following information:

1. You are entitled to receive full payment prior to vacating the real property proposed to be purchased unless you waive such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes allocable to any period following the passage of title or possession.

2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed.

3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction, and which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interests proposed to be acquired are: 1,972 square feet (sf) Fee Simple and 2,095 sf Temporary Construction Easement as described in the Property Purchase Agreement and in the Appraisal Summary Statement and Statement of the Basis of Just Compensation delivered contemporaneously with this document.

4. The market value of the property proposed to be acquired is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount:

A. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased;
B. Is not less than the approved appraisal of the fair-market value of the property as improved; C. Disregards any decrease or increase in the fair-market value of the real property proposed to be acquired prior to the date of valuation which might be caused by the Project itself or by the likelihood that the property would be acquired for or in connection with the Project, other than that due to physical deterioration within the reasonable control of the owner or occupant; and D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City.

5. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, you may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee’s ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure.

6. If you ultimately elect to reject the City’s offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California.

7. Pursuant to California Code of Civil Procedure Section 1263.025, should you elect to obtain an independent appraisal, City will pay for the actual reasonable costs up to $5,000 subject to the following conditions:
404

CITY OF DUBLIN

SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN

A. You, not City, must order the appraisal. Should you enter into a contract with the selected appraiser, City will not be a party to the contract.

B. The selected appraiser must be licensed with the California Bureau of Real Estate Appraisers (BREA).

C. Appraisal cost reimbursed requests must be made in writing, and submitted to the City of Dublin at 100 Civic Plaza, Dublin, CA, 94568 within 90 days following completion of the appraisal. Copies of the contract (if a contract was made), appraisal report or summary statement of valuation data, and invoice for completed work by the appraiser must be provided to City concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable.

8. Pursuant to California Code of Civil Procedure Section 1263.615, the City is unable to offer to lease to you the Subject Property for your continued use after the City acquires the Subject Property, because the City will begin the Project within two years of the acquisition. 405
GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School

CITY OF DUBLIN

PROPERTY PURCHASE AGREEMENT
In consideration of the terms and conditions set forth in this Property Purchase Agreement (the “Agreement”) JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (“GRANTOR”) shall deposit in an escrow designated by the CITY OF DUBLIN, a Municipal Corporation (“CITY”), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple title as indicated in Attachment 1, incorporated herein by this reference; and a Temporary Construction Deed suitable for recordation and conveying from GRANTOR to CITY any and all rights as indicated in Attachment 2, incorporated herein by this reference.

In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:

1. Entire Agreement
The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Grant Deed and Temporary Construction Easement and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement.

2. CITY shall
A. Pay the sum of SEVENTY-EIGHT THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($78,600.00) for the property identified in Exhibits attached hereto and made a part hereof, to the following title company: First American Title Company, for the account of the GRANTOR, Escrow No. 5026900-6247215 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in clause 2A and dated May 21, 2020, and updates thereof.

Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR.

B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction.

C. Have the authority to deduct and pay from the amount shown in clause 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments, which may have become a lien at the close of escrow. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code if unpaid at the close of escrow.

Close of escrow for this transaction shall be contingent upon the title company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries.
406
GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School

D. The consideration set forth in clause 2A herein shall include payment in full for the following improvements: All buildings, structures and any other improvements affixed to the land which id owned by you as owner or tenant of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interests proposed to be acquired are: Fee Simple and a Temporary Construction Easement as described in the attached exhibits.

3. Temporary Construction Easement
A. GRANTOR agrees for the considerations herein to grant said easement to CITY and to permit and allow CITY, its agents and/or contractors to enter upon GRANTOR’S Property on a temporary basis. Said temporary permit shall be for the construction of the Project for a twelve (12) month period. Temporary Construction Easement period is to commence with first entry on the Temporary Construction Easement (“TCE”) area by CITY’S agents or contractors. At least 48 hours advanced written notice will be given before any entry on the TCE. The amount set forth in clause 2A herein included full payment for TCE. This permission becomes valid upon acceptance of this Agreement by City.

B. CITY agrees to promptly restore any damage to the construction easement area and/or the parcels upon which the construction easement area is situated (and the improvements located thereon) caused by CITY’S entry upon the construction easement area or work performed in connection with the Project.

C. In the event GRANTOR sells, conveys or assigns any property interest, encumbered by the Agreement prior to CITY exercising the rights granted herein, GRANTOR shall notify the successor or assignor of the rights and obligations of both parties as included herein.

D. In case of unpredictable delays in construction, upon written notification by CITY, the terms of the TCE may be extended by an amendment to this Agreement.

GRANTOR shall be compensated based on the fair market value at the time of the extension. Payment shall be made to the GRANTOR for the extension prior to the expiration of the original TCE period.

4. Indemnification
CITY shall indemnify, defend, and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, cost and expenses (including reasonable attorney fees and cost), arising from or related to CITY’s use of the TCE area and exercise of CITY’s right under this agreement. The obligations of CITY under this paragraph shall not be applicable to the extent of GRANTOR’S negligence or willful misconduct.

5. Miscellaneous Realty Items Acquired
It is understood and agreed by and between the parties hereto that payment in clause 2A includes, but is not limited to, payment for 240 linear feet (lf) wooden fencing, 14 lf wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the CITY in this transaction. 407
GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School

6. Permission to Enter GRANTOR’S Land for Construction Purposes All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the CITY or its authorized agent, shall be left in as good condition as found.

7. Payment of Deed of Trust
If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR’S proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest.

8. Cost to Cure Damages
It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2A above is payment in full to compensate GRANTOR for the expenses of the following work: install 217 lf wooden fencing, 14 lf wooden gate, one automatic gate, and two tower lights.

9. Escrow Instructions
GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties.

10. Hazardous Wastes
The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from those who caused or contributed to the contamination. GRANTOR shall further indemnify, defend, save and hold harmless the CITY from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to persons or property arising directly or indirectly from or connected with the existence of toxic or hazardous material on the property, save and except claims, costs or litigation arising through the sole willful misconduct of the CITY, its agents or employees.

11. Right of Possession and Use
It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the subject property by CITY, and/or its designees or assignees, including the right to remove and dispose of improvements, and install and connect utilities, shall commence on the date the amount of as specified in clause 2A herein are deposited into the escrow controlling transaction, and that the amount shown in clause 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date.
408
GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School

12. Binding on Successors and Assigns
This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Agreement.

13. No Leases
GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month.

14. Quitclaim Deeds
If any lessee interests are identified in clause 13 herein, as a condition precedent to approval of this Agreement by the CITY Council, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. GRANTOR agrees to assist CITY in securing said Quitclaim Deeds or releases.

15. Approval of CITY
GRANTOR understands that this Agreement is subject to the approval of CITY. Further, that this Agreement shall have no force or effect unless and until said CITY approval has been obtained.

16. Authority to Sign
GRANTOR and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property and that no other authorizations are required to implement this Agreement on behalf of GRANTOR.

17. Counterparts Signature
This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement.

18. Specific Performance
In the event of a breach of this Agreement by GRANTOR, CITY shall be entitled to pursue any and all remedies available to it against GRANTOR, including, without limitation, claims for all damages attributable to GRANTOR’s breach, and specific performance of this Agreement. 409
GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School

(As used above, the term, “GRANTOR” shall include the plural as well as the singular number) IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written herein below.

CITY OF DUBLIN
A MUNICIPAL CORPORATION:

By:

Title:

Date:

GRANTOR:

JAVID ROSHAN AND ZARMINA MAYAR,HUSBAND AND WIFE

AS JOINT TENANTS
By:

Javid Roshan
Date :

By:

Zarmina Mayar
Date : ________________________________________

NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED 410
RECORDING REQUESTED BY:

City of Dublin
WHEN RECORDED MAIL TO:

City Clerk

CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568-0233
APN: 986-28-2
SRUWLRQRI

Escrow No.

SPACE ABOVE THIS LINE FOR RECORDER’S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees (Govt. Code § 27383 and § 6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922).

GRANT DEED
JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS do grant unto the CITY OF DUBLIN, a municipal corporation and governmental agency organized under the laws of the State of California, all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California, described as follows:

ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS “A” AND “B” Dated:

By: _________________________
Javid Roshan
By: ______________________ ____
Zarmina Mayar
______________________________________________________________________________________

ATTACH NOTARIZATION
This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Linda Smith, City Manager, and/or Laurie Sucgang, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to the recordation thereof by its duly authorized officer.

LINDA SMITH, CITY MANAGER

AND/OR LAURIE SUCGANG, CITY ENGINEER
Dated: __________________ By: _____________________________________________________________ 411 4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
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RECORDING REQUESTED BY:

City of Dublin
WHEN RECORDED MAIL TO:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922
SPACE ABOVE THIS LINE FOR RECORDER’S USE

GRANT OF TEMPORARY CONSTRUCTION EASEMENT

JAVID ROSHAN AND ZARMINA MAYAR,

HUSBAND AND WIFE AS JOINT TENANTS
PROPERTY PORTION OF APN 986-28-2
5868 TASSAJARA ROAD, DUBLIN, CA
TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH

DRIVE TO QUARRY LANE SCHOOL PROJECT

TITLE OF DOCUMENT

THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6)
414
Temporary Construction Easement

Recorded at the request of:

City of Dublin
Return to:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
APN: Portion of 986-28-

GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAN AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT).

The CITY’s rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies’ officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT.

If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY’s sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT.

This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR’s retained property, where necessary, to reconstruct or perform any warranty 415
Temporary Construction Easement

or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR’s retained property is necessary.

All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner.

The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns.

IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on ____________________.

GRANTOR:

JAVID ROSHAN AND ZARMINA MAYAR,

HUSBAND AND WIFE AS JOINT TENANTS
By: _________________________________
Javid Roshan
By: ________________________________
Zarmina Mayar
______________________________________________________________________________________

ATTACH NOTARIZATION
416
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
2FWREHU
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RECORDING REQUESTED BY:

City of Dublin
WHEN RECORDED MAIL TO:

City Clerk

CITY OF DUBLIN
100 Civic Plaza
Dublin, CA 94568-0233
APN: 986-28-2
SRUWLRQRI

Escrow No.

SPACE ABOVE THIS LINE FOR RECORDER’S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees (Govt. Code § 27383 and § 6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922).

GRANT DEED
JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS do grant unto the CITY OF DUBLIN, a municipal corporation and governmental agency organized under the laws of the State of California, all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California, described as follows:

ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS “A” AND “B” Dated:

By: _________________________
Javid Roshan
By: ______________________ ____
Zarmina Mayar
______________________________________________________________________________________

ATTACH NOTARIZATION
This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Linda Smith, City Manager, and/or Laurie Sucgang, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to the recordation thereof by its duly authorized officer.

LINDA SMITH, CITY MANAGER

AND/OR LAURIE SUCGANG, CITY ENGINEER
Dated: __________________ By: _____________________________________________________________ 419 4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
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RECORDING REQUESTED BY:

City of Dublin
WHEN RECORDED MAIL TO:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922
SPACE ABOVE THIS LINE FOR RECORDER’S USE

GRANT OF TEMPORARY CONSTRUCTION EASEMENT

JAVID ROSHAN AND ZARMINA MAYAR,

HUSBAND AND WIFE AS JOINT TENANTS
PROPERTY PORTION OF APN 986-28-2
5868 TASSAJARA ROAD, DUBLIN, CA
TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH

DRIVE TO QUARRY LANE SCHOOL PROJECT

TITLE OF DOCUMENT

THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6)
422
Temporary Construction Easement

Recorded at the request of:

City of Dublin
Return to:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
APN: Portion of 986-28-

GRANT OF TEMPORARY CONSTRUCTION EASEMENT
For good and valuable consideration pursuant to that certain Property Purchase Agreement executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAN AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT).

The CITY’s rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies’ officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT.

If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY’s sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT.

This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR’s retained property, where necessary, to reconstruct or perform any warranty 423
Temporary Construction Easement

or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR’s retained property is necessary.

All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner.

The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns.

IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on ____________________.

GRANTOR:

JAVID ROSHAN AND ZARMINA MAYAR,

HUSBAND AND WIFE AS JOINT TENANTS
By: _________________________________
Javid Roshan
By: ________________________________
Zarmina Mayar
______________________________________________________________________________________

ATTACH NOTARIZATION
424
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
www.bkf.com
2FWREHU
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This is an informational pamphlet only. It is not intended to give a complete statement of all State and Federal laws and regulations pertaining to the City’s efforts to purchase your property for public use, the relocation assistance program, technical legal definitions, or any form of legal advice.

Property Owner Information Handbook
Regarding Property Acquisition Efforts
City of Dublin
100 Civic Plaza
Dublin, CA 94568
925.833.6650
427

Introduction:

This informational handbook is provided by the City of Dublin (“City”) to give you general information about property acquisitions for projects. It is not intended to be a definitive summation of the law or to provide specific advice. For such purposes, the City recommends consulting your personal attorney or other advisor of your choice.

Please note that property acquisitions for projects may include the acquisition of either permanent (e.g. fee simple, easements) or temporary rights (e.g. construction easements, access easements), or both.

What Right Does the City Have to Acquire My Property?
Every city has certain powers which are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of eminent domain.

The rights of each of us are protected, however, by laws such as the Fifth and Fourteenth Amendments to the United States Constitution, the State Constitution, and eminent domain laws.

These laws guarantee that if a city takes private property it must pay “just compensation” to the owner. Further, the owner may have additional protections, some of which are explained in this informational handbook.

Title VI of the Civil Rights Act of 1964 (42USC 2000d et. seq.) sets forth the policy of the United States, within constitutional limits, to ensure that all services and/or benefits will be administered without regard to race, color, national origin, or sex.

Pursuant to California regulations, property leasebacks will generally not be offered if the property is scheduled to be used within two years of its acquisition.

How Will the City Determine How Much to Offer Me for My Property? Before making an offer of compensation to you, the City will obtain at least one appraisal by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and provide the City with an appraisal report stating his or her opinion of the fair market value of the property rights to be acquired by the City. The appraisal report will be reviewed by the City to confirm that the estimate of value is fair.

The City is required to offer you just compensation for your property. This amount, with limited exceptions, is the fair market value of the property rights to be acquired. 428

What is “Just Compensation”?
“Just compensation” is generally considered to be fair market value. The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.

The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

How Does an Appraiser Determine Fair Market Value of My Property? Each parcel of real property is different and, therefore, no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are:
x How it compares with similar properties in the area that have been sold recently; x How much it would cost to reproduce the buildings and other structures, less any depreciation;
x How much rental income it could produce;
x Other factors affecting use of the property.

Will I Have A Chance to Talk to the Appraiser?
YES. You must be contacted and given the opportunity to accompany the appraiser on his inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to ensure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. 429

How Soon Will the City Give Me a Written Purchase Offer? Generally, you should receive a purchase offer within 60 days of the approved appraisal. The timing of a purchase offer depends on the following factors:
x The amount of work required to appraise your property; x The availability of funding; and
x Possible project delays caused by factors outside the control of the City.

What is in the City’s Statement of the Basis for Its Determination of Just Compensation?
The City’s statement of the basis for its determination of just compensation must be provided to you with the written purchase offer. Among other things, this statement will include:
x A general statement of the City’s proposed use for the property. x An accurate description of the property to be acquired. x A list of the improvements covered by the offer and any conditions. x The amount of the offer.
x An indication that the offer does not reflect any relocation payments or other relocation assistance which you may receive under other regulations. x The recognized definition of the term “fair market value”.

Can I Have My Own Appraisal Done?
YES. You may decide to obtain your own appraisal of the property in negotiating the fair market value with the City. At the time of making its initial offer to you, the City must offer to reimburse you the reasonable costs, not to exceed $5,000, of an independent appraisal or your property.

To be eligible for reimbursement, the independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please discuss the reimbursement process with the City’s acquisition representative.

Does the City Consider Buildings, Structures, and Improvements? Sometimes buildings, structures, or other improvements considered to be real property are located on the property to be acquired. If this is the case, the City must offer to acquire buildings, structures, or other improvements if they must be removed or if the City decides that the improvements will be adversely affected by the public program or project.

When an improvement can be considered real property if owned by the owner of the real property on which it is located, then this improvement will be treated as real property. 430

Does the City Consider Tenant-Owned Buildings, Structures and Improvements?
Sometimes tenants lease real property and build or add improvements for their use. Frequently they have the right or obligation to remove the improvements at the expiration of the lease term. If, under State law, the improvements are considered to be real property, the City must make an offer to the tenants to acquire these improvements.

In order to be paid for these improvements, the tenant-owner must assign, transfer, and release to the City all right, title, and interest in the improvements. Also, the owner of the real property on which the improvements are located must disclaim all interest in the improvements.

Just compensation for an improvement will be the amount that the improvement contributes to the fair market value of the whole property, or its value for removal from the property (salvage value), whichever is greater.

May I Keep Any of the Buildings or Other Improvements on My Property? Very often, many or all improvements on a property are not required by the City. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the City know as soon as possible. Retention of improvements by the property owner will require an appropriate adjustment to the purchase price.

Must I Accept the City’s Initial Offer?
NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City must make reasonable efforts to consider and respond to your evidence and suggestions.

May I Have Someone Represent Me During Negotiations?
YES. If you would like an attorney, real estate agent, or anyone else to represent you during negotiations, please so inform the City in writing. However, state law does not require the City to pay the costs of any such representation.
431

If I Agree to Accept the City's Offer, How Soon Will I Be Paid? If you reach a voluntary agreement to sell your property and your ownership (title) is clear of encumbrances, payments will be made at the earliest possible date or a mutually acceptable time. Generally, this should be possible within 90 days after you sign a purchase contract. If your ownership is not clear, you may have to pay the cost of clearing title sufficiently to convey clear title on your property. (Title evidence is basically a legal record of the ownership of the property.

It identifies the owners of record and lists any restrictive deed covenants and recorded mortgages liens, and other instruments affecting your ownership of the property.) What Happens if I Don't Agree to the Purchase Offer by the City? If you are unable to reach a voluntary agreement with the City, a public hearing of the City Council will be held to determine the need and necessity for the acquisition of your property.

You will be notified of the action and given reasonable advance notice of your right to attend the hearing. After the hearing, assuming need and necessity have been determined, the City will file a suit in court to acquire your property through a condemnation proceeding.

What Happens if the City Condemns My Property?
Condemnation proceedings are procedures through a court to acquire real property under the power of eminent domain. Beginning with a necessity hearing and during the condemnation proceedings and trial, you will be provided an opportunity to introduce your evidence as to the need for acquisition and the value of your property to be acquired by the City. Of course, the City will have the same opportunity. After hearing the evidence of all parties during the trial, the court or jury will determine the right to acquire and the amount of just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and other experts. However, the costs of these professional services and other costs which you incur in presenting your evidence to the court may be your responsibility.

If construction must begin prior to the condemnation trial, the City may obtain a court's order of immediate possession.

What is an Order for Possession?
An order for possession is a procedure within a condemnation proceeding. The order for possession issued by the court allows the City to have the use of the portion of your property which is the subject of the proceeding prior to an award of just compensation in court. This procedure is used typically only where the use of your property is necessary to accomplish timely construction of the project for which your property is required. 432

To obtain an order for possession, the City must deposit with the court or the County an amount not less than its appraisal of the fair market value of the property to be acquired. Sometimes, the owner is then permitted to withdraw a portion of or all of this amount, depending upon the individual circumstances. It is recommended that you have the help of an attorney if you intend to do this. Should the court award exceed the amount deposited by the City, you will be paid the difference, plus any interest that may be provided by State Law.

What Can I Do If I Am Not Satisfied With the Court’s Determination? If you are not satisfied with the court’s determination of the amount for just compensation, you may file an appeal with the appropriate appellate court for the area in which your property is located. The City may also file an appeal if it believes the amount of the court judgment is too high.

Will I Have to Pay any Settlement Costs?
You will not be responsible for the reasonable and necessary costs of typical services required to complete the sale, recording fees, transfer taxes, and any similar expenses which are incidental to transferring ownership of your property to the City.

Can the City Take Only A Part of My Property?
YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value. The determination of any loss in value is an appraisal problem involving variables in which a brief explanation might not adequately cover all situations. Should this situation be involved, City representative will fully explain the effect of a part purchase on your remaining property.

If the City Does Acquire My Property, How Soon Must I Move? Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. Except in an unusual instance where there is an urgent need for your property, you cannot be required to move from your residence or to move your business or farm operation without at least 90 days advance written notice of the date by which your move is required.

If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of your property has been deposited with the court (or into escrow) so that you can withdraw your share. 433

If you are being displaced from your residence, decent, safe and sanitary replacement housing must be available before you can be required to move.

Will I Receive Assistance with Relocation?
YES. If eligible and, in addition to any compensation paid through the property acquisition process, the City will provide relocation referral assistance and cash payments for eligible moving expenses. The amount of relocation expense is determined on a case-by-case basis in accordance with the Federal Uniform Act and State Guidelines. A Relocation Assistance Program brochure describing relocation benefits will be available from the City, if the project proceeds.

No relocation payment received will be considered as income for the purpose of the Internal Revenue Code of 1954.

I’m A Veteran, How About My GI Loan?
After your GI home mortgage loan has been repaid, you may be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office.

Will I Be Compensated for the Loss of Goodwill for My Business? If you own a business located and conducted on the real property to be acquired, you may have a right to claim compensation for loss of goodwill. See your acquisition representative.

If My Property, which the City is Acquiring, is Worth More Now than When I Bought it, Must I Pay Capital Gains Tax on the Increase? It is recommended that you consult your tax advisor or the appropriate tax agencies if you have questions concerning these issues. Also, Internal revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets”, is available from the IRS. (NOTE: The number of this publication may change from time to time.) It explains how the Federal income tax would apply to a gain or loss under the threat of condemnation for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. The State of California Franchise Tax Board should be able to provide information regarding any State tax due, if any, resulting from the purchase by the City. 434

Won’t My Property Taxes Increase Substantially When I Purchase A New Home Because of the Proposition 13 Re-Assessment Formula? NO. Not as long as the replacement property’s purchase price does not exceed 120% of the sales price for the acquired property. Section 2(d) of Article XIIIA of the California Constitution provides that property tax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by the City. If the full cash value of the comparable replacement property does not exceed 120% of the purchase price or the court judgment of the property acquired or taken, then the adjusted base year value of the property acquired or taken shall be transferred to the comparable replacement property. An application for this property tax relief adjustment must be filed with the County Assessor as soon as possible after the settlement of the purchase of the replacement property, governmental acquisition or condemnation proceedings. Contact the County Assessor’s office and/or your tax advisor with questions you may have regarding this real property tax relief provision.

Is it Possible to Donate My Property to the City?
YES. However, prior to accepting a donation, the City must inform the owner in writing of the amount it believes to be just compensation for the property to be acquired. The property owner must indicate in writing that although he/she understands he/she cannot be required to sell his/her property for less than just compensation, he/she voluntarily agrees to do so or to contribute the property without payment of compensation. You are advised to consult with a tax advisor and lender(s) prior to making a donation.
435

Definitions
The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear. Please note that these definitions are general and are provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions.

Acquire – To purchase.

Answer – The property owner’s written reply, in appropriate legal form, filed with the court in response to the complaint and as requested by the summons.

Compensation – The amount of money to which a property owner is entitled under the law for the purchase or damage to the property.

Complaint – The document filed with the court by the City which initiates an eminent domain proceeding.

Condemnation – The legal process by which a proceeding in eminent domain is accomplished.

Counsel – An attorney or attorneys.

Eminent Domain – The right of government to purchase private property for public use.

Final order of condemnation – The instrument which, when recorded, transfers title to public ownership.

Judgment – The court’s formal decision based on applicable law and the verdict.

Loss of goodwill – A loss in the value of a business caused by the City’s acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill.

Market value – The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available.

Parcel – Usually means the property that is being acquired.

Plaintiff – The public City that desires to purchase the property.

Possession – Legal control; to have the right to use.

Property – The right or interest which an individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing.

Summons – Notification of filing of a lawsuit in eminent domain and of the necessity to file an answer or other responsive pending.

Title – Legal ownership.

Trial – The hearing of facts from plaintiff and defendant in court, either with or without a jury.

Verdict – The amount of compensation to be paid for the property. 436
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July 1, 2024
Javid Roshan
Zarmina Mayar
5868 Tassajara Road
Dublin, CA 94568
SUBJECT: Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, City Project No. ST0119
Site Address: 5868 Tassajara Road, Dublin, CA
APN: 986-28-2
Dear Property Owners,
The City of Dublin (City) recently updated its original appraisal report for the certain property rights proposed to be acquired. The update has resulted in an increased value from $78,600 to $104,000. Therefore, the City is updating its government code offer to you for the proposed property rights in the amount of $104,000.

Attached for your review are the following updated documents:

1. Appraisal Summary Statement and Summary of the Basis of Just Compensation

2. Property Purchase Agreement and Joint Escrow Instructions (2)

3. Grant Deed

4. Grant of Temporary Construction Easement Deed
However, for settlement purposes only, the City is willing to compensate you $152,000 which is $23,500 above the City’s offer of $126,500 which was the amount previously presented to you by letter on February 20, 2024. Please consider this amount and if acceptable to you, please contact Rosalyn Zeigler of Associated Right of Way Services, Inc. (AR/WS) at (925) 691-2872 or [email protected]. We kindly request that you respond to the City’s settlement offer by July 8, 2024. Thank you for your patience and continued cooperation throughout this process.

Sincerely,
Laurie Sucgang, P.E.

Assistant Public Works Director/City Engineer
cc:Michael Boitnott, P.E., Capital Improvement Program Manager, City of Dublin Rosalyn Zeigler, AR/WS
Attachment 5
507

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

BASIC PROPERTY DATA
OWNER: Javid Roshan and Zarmina Mayar
PROJECT: Tassajara Road Improvements - North Dublin
Ranch Drive to Quarry Lane School
PROPERTY ADDRESS: 5868 Tassajara Road, Dublin, California DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years.

ZONING: PD RESO. 104-94 (Planned Development)
GENERAL PLAN: Stream Corridor; Medium Density Residential PRESENT USE: Owner-occupied Residential
HIGHEST AND BEST USE : As Vacant: Medium density residential development at the highest density allowed and
approved by the City.

As Vacant (Porterville Premise): Single-family
residential lot.

As Improved: Continued use of the existing
improvements with redevelopment potential.

TOTAL PROPERTY AREA: 1 Acre or 43,740 square feet (sf)
PROPERTY RIGHTS PROPOSED TO BE ACQUIRED: Partial Fee Simple: 1,972 sf.

Temporary Construction Easement: 2,095 sf.

DATE OF THIS VALUATION: October 22, 2023

BASIS OF VALUATION
The just compensation being offered by the City of Dublin (City) is not less than the City’s approved appraisal of the fair market value of the property. The fair market value of the property proposed for acquisition is based on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate, sales of comparable properties and income data are utilized. Principal transactions of comparable properties, where evaluated, are included herein on Page 8. The appraiser has given full and careful consideration to the highest and best use for development of the property and to all features inherent in the property, including, but not limited to, zoning, development potential and the income the property is capable of producing.

California Code of Civil Procedure Section 1263.320 defines fair market value as follows:
a.) The fair market value of the property taken is the highest price as the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 508

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

b.) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable.

The market value for the property proposed to be acquired by the City is based upon Code of Civil Procedure Section 1263.320a as defined on the first page.

Value of the Entire Property: $ 635,000 (on a lot basis)

THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY Value of the Property Rights proposed to be acquired:

A. Fee Simple Land and included Site Improvements: $ 94,302.00

Improvements Pertaining to the Realty : $ N/A____
B. Permanent Easement: $ N/A____
C. Temporary Construction Easement $ 3,042.00

$ 97,344.00
(Sum of items A thru D)
509

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Severance Damages:

In addition to determine the market value of the parcel sought to be acquired severance damages were considered. Severance damages are determined based on whether or not the remainder would be diminished in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner proposed. Some severance damage may be mitigated or entirely eliminated by estimating the cost to cure the damage. Where severance damages are found, offsetting benefits are determined. (See Page 12 – Benefits defined.) Under California law, benefits can only be offset against severance damages. If no severance damages are found, there is no application of offsetting benefits.

No severance damages were found for the following reasons: Cost of curing the severance has been determined to be the best measure of severance for the proposed acquisition. The cost to cure is estimated to be $6,288.00 and its breakdown is as follows on the next page:

E. Cost to Cure Damages: $ ___6,288.00
F. Incurable Damages: $ _N/A ___
Total Damages: $ __6,288.00 __
(Sum of items E & F)
Benefits: $ Not Quantified _
JUST COMPENSATION FOR ACQUISITION: $ 103,632.00
Rounded to: $ 104,000.00
510

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL The Sales Comparison approach is based on the consideration of comparable land sales.

Indicated value by Sales Comparison Approach: $ 635,000 or $14.52 per sf See page 8 for principal transactions
The income and cost approaches are not considered applicable to this assignment since these approaches do not typically apply to the valuation of land.

SUMMARY OF THE BASIS FOR JUST COMPENSATION
Narrative summary of the valuation process supporting compensation:

Project Description
The project involves a redesign of portions of the future widening of Tassajara Road within the proposed project limits. Much of the roadway has already been developed as part of the Eastern Dublin Specific Plan even before the Plan was adopted. The current project proposed a reduction in the number of travel lanes for currently unimproved and improved portions of Tassajara Road from six to four lanes. Roadway reductions would be implemented as part of road improvement projects undertaken by the City as part of the Capital Improvement Project.

Two segments of existing Tassajara Road are proposed for improvements to four travel lanes. The City proposes to undertake the initial phase of the road widening improvements, identified as Segment 1, in the immediate future. The northern segment (Segment 2) extends from north of Palisades Drive-Kylemore Entry intersection on the south to the northern city limit. The southern segment of the road (Segment 1) stretches from a point located north of North Dublin Ranch Drive to a point just south of the southern boundary of Quarry Lane School.

Property Description
Larger Parcel
There are three criteria, or tests, for determining the larger parcel. These are: unity of ownership; contiguity; and unity of use. Abutting parcels to the subject are under different ownership. It has been concluded that assessor’s parcel number 986-28-2 comprises a single economic unit and is the larger parcel or subject property.

Site Description
The subject property is located on the west side of Tassajara Road in the City of Dublin. The property has approximately 215 linear feet of frontage along Tassajara Road. Near the subject property, Tassajara Road is a two-lane, two-directional arterial roadway that traverses in a north-south direction between Fallon Road and Interstate-580. The area near the subject property is comprised primarily of single family residential, rural residential, agricultural and public properties. The subject site appears to be currently used for residential purposes. Further south toward Dublin Boulevard and Interstate 580 are a variety of uses including single family and multifamily residential uses, retail centers, restaurants, offices, medical uses, and automotive dealerships.

The subject property is just northeast of the Alameda County Santa Rita Jail.

The Alameda County Assessor identifies the subject property as Assessor’s Parcel Number 986-0028-002-00, as previously described. According to public records, the site is 1 acre or 43,740 square feet in size. The subject is generally level in topography, except for the area within the creek. Surrounding areas are rolling and hilly in topography. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. 511

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Improvement Description
The subject property appears to be improved with a single-family dwelling and various ancillary structures.

However, the buildings located on the subject property are not impacted by the proposed acquisition, so an interior inspection of the structures were not performed, nor were they measured. The improvements are assumed to be adequately served by an on-site well and septic system.

Site improvements located within the proposed acquisition area include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox.

Personal Property Description
A detailed inventory of personal property on the subject property was not taken by the Appraiser. No interior inspection was made of the structures located on the subject property, since these improvements were not located in the proposed acquisition areas. Therefore, items of personal property within the structures are unknown but are assumed to be typical of the market for similar improvements. Various miscellaneous items were observed within the proposed acquisition areas at the time of inspection.

Zoning and Highest and Best Use:

The zoning category for the subject is PD RESO. 104-94 (Planned Development).

According to the Dublin Municipal Code, the purpose of the Planned Development District is to:

A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site.

B. Provide maximum flexibility and diversification in the development of property.

C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans.

D. Protect the integrity and character of both residential and non-residential areas of the City.

E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features.

F. Provide for effective development of public facilities and services for the site.

G. Encourage use of design features to achieve development that is compatible with the area.

H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments.

Permitted uses. No use other than an existing use is permitted in a Planned Development Zoning District except in accordance with a Development Plan adopted pursuant to the Planned Development Zoning District chapter of the municipal code.

PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre), which is established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small-lot and zero-lot line units to large-estate units.

The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. According to the City’s Community Development Department, a new development would typically have a new planned development plan put in place, which would establish development standards and regulations.
512

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

The General Plan land use designation for the subject is a mix of Stream Corridor; Medium Density Residential.

According to the General Plan Land Use Map, the Stream Corridor designation is categorized under the Public/Semi-Public/Open Space classification. As stated in the General Plan, the intent of the Open Space “designation is to ensure the protection of those areas with special significance such as areas with slopes over 30 percent; stream and drainage way protection corridors; woodlands; and visually-sensitive ridgelands. The City may allow only open space uses on this land. Equestrian, riding, and hiking trails will be encouraged. Other types of recreational uses, agriculture and grazing may be permitted where appropriate.” The Conservation Element of the General Plan states guiding policies for stream corridors and riparian vegetation.

1. Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource

2. Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary, while respecting the privacy of owners of property abutting stream corridors.

According to the City’s Engineering Department, pursuant to Section 7.74.110 Watercourse protection, setbacks from a watercourse are thirty feet (30’) of the centerline of any creek or twenty feet (20’) of the top of a bank.

Additionally, the City’s Community Development Department indicated that these setbacks would likely be the minimum, but development requirements may be greater.

As stated in the General Plan, the Residential: Medium Density “designation allows attached residential units and typically includes detached, zero-lot line, duplex, townhouse, and garden apartment development. A second unit (either attached or detached is also permitted on individual parcels.) The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre.

Additionally, the subject property is within the Eastern Dublin Specific Plan with a mix of land use designations of Open Space and Medium Density Residential. As stated in the Specific Plan, the Open Space designation “protects areas with important and/or sensitive resources and areas with natural hazards from development.

Open Space lands include: areas dedicated to the City as open space; areas with slopes predominantly over 30%; stream and drainage way protection corridors; woodlands; visually-sensitive ridgelands; and grazing lands.

In general, open space lands are to be preserved with minimal development. Privately held agricultural land can be used for agricultural production and grazing. Structures related to these agricultural activities will be permitted.

In sensitive resource areas and areas set aside to protect public health and safety, uses will be limited to passive recreation (i.e., walking, hiking, etc.). Development in these areas will be limited to trail improvements.

As stated in the Specific Plan, the Residential: Medium Density “provides for a mix of single family detached and attached units and multi-family units. The density range allows for detached, zero-lot line, duplex, townhouse, and garden apartment development. It is intended that within areas with this designation, that dwelling unit types and densities would be varied to accommodate a range of housing needs. Assumed household size is 2.0 persons per unit.” The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre.

As If Vacant
In the case of the subject property, the legally permissible uses are determined by the City of Dublin, which has zoning jurisdiction over the subject. As indicated earlier, the subject property is zoned PD RESO. 104-94 (Planned Development), which does not permit uses other than an existing use except when a Development Plan is adopted. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre). The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. The General Plan land 513

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

use designation for the subject is a mix of Stream Corridor and Medium Density Residential. The Eastern Dublin Specific Plan designates land uses for the subject as a mix of Open Space and Medium Density Residential.

The subject property is approximately 1 acre or 43,740 square feet. The subject is generally level in topography, except for the area within the creek. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. The market for residential properties over the past several years, including vacant residential land and rural residential sites, has improved considerably. The highest and best use of the subject property, as if vacant, would be for medium density residential development at the highest density allowed and approved by the City.

As Improved
The subject property appears to be improved with a single-family dwelling and various ancillary structures. The subject property has a mix of Stream Corridor/Open Space and Medium Density Residential land use designations according to General Plan and Eastern Dublin Specific Plan. The western portion of the property is designated Stream Corridor/Open Space primarily where the Tassajara Creek crosses the property and a portion of the level area of the site. The eastern portion is designated Medium Density Residential. The highest and best use of the subject property, as improved, is for the continued use of the existing improvements with redevelopment potential in the future once land value exceeds the value at the current improved use.

Dedication Requirements
In addition to state statutes, court decisions govern the appraisal of land required for public improvements. Two cases, City of Porterville v. Young and City of Fresno v. Cloud recognize the power of local jurisdictions to require the dedication of land as a condition of obtaining development approval and are a consideration in evaluating the highest and best use at which the property is appraised.

The City of Dublin currently has a dedication policy. According to the City’s Land Development Department, subject property would be subject to dedication requirements per the below references:
• Per DMC section 7.72.020, for building permits and various planning entitlements including Condition Use Permits, Site Development Review, Variance, and Planned Development, if the proposed project will result in an increase in traffic generation or adversely affect public safety then dedication and improvements are required.
• Per DMC section 7.72.050, exceptions, the provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use.
• Per DMC section 9.08.090 (B) and 9.08.100 (B), for subdivisions the City can condition right of way dedications.

It is understood that the subject property would be subject to dedication requirements if a permit to develop were applied for by the owner. The owner would be required to dedicate land for the roadway of Tassajara Road.

Where a portion of property would typically be required to be dedicated for a public use as a condition of obtaining development approval for a higher or more profitable use, that portion of the property being acquired for the same public use prior to the imposition of the dedication requirement is appraised at the use that is permissible without triggering a dedication requirement. Therefore, the subject underlying land is appraised consistent with its current residential use, as a single-family residential lot. 514

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Valuation Approach
Sales Comparison Approach
Since the proposed acquisitions will include only land and site improvements, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The concluded unit value has been used to value the proposed acquisitions.

A modified cost approach was used to value site improvements that will be affected as a result of the project.

The income approach was not utilized because sellers, buyers, and our peers in this market rarely rely on this approach when offering, purchasing, or valuing land similar to the subject underlying land.

Research was conducted to find comparable land sales in the subject’s market area. The comparable sales were researched, inspected, and verified to the extent possible. Those that could not be confirmed with a party to the transaction were verified through public records, subscription services and other sources. The following table displays a summary of the selected sales reflecting the actions of buyers and sellers in the marketplace and judged to be most representative of current market conditions for the subject property.

Sales Data Summary Table
515

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Land Value Conclusion (Before Condition)
The four comparable land sales range from an unadjusted sales price of $515,000 to $750,000. After adjustments, the comparable sales indicate value range for the subject above $550,000, below $750,000 and near $635,000, indicated by Comparables RL-01, RL-04 and RL-03 respectively. While considering the definition of market value, the land of the subject property is judged to warrant a value near the sale price of Comparable RL-03, or $635,000 on a lot basis, as of the date of value.

Fee Simple Acquisition
The proposed partial fee simple acquisition is located along the eastern portion of the subject property that fronts Tassajara Road. The proposed acquisition is a long narrow strip consisting of 1,972 square feet, approximately 9 feet in width and 214 feet in length along the frontage of the property.

Temporary Construction Easements
The proposed temporary construction easement is located along the eastern portion of the subject property near Tassajara Road. The proposed easement is situated adjacent to the proposed partial fee simple acquisition to the west. The proposed acquisition is a long narrow strip consisting of 2,095 square feet, approximately 10 feet in width and 214 feet in length. The proposed temporary construction easement is needed for a period of one year.

An easement is defined as an interest in the land of another person or entity, which entitles the owner of such an interest to a limited use, or enjoyment of the land area so encumbered. It can either be affirmative by allowing some act or actions on the land, or negative by precluding doing certain things with the land so encumbered.

The easement is an interest in real property and is considered non-possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement.

It is commonly understood that the fee interest in land is a 100% ownership. Because land can be divided into various rights, a concept of a “Bundle of Rights” exists. The proposed easement requires only specific rights, which are a portion of the rights. The easement deed defines those rights. The fee ownership will remain the same.

The imposition of an easement requires that the Appraiser analyze the effect on the land and any existing or proposed improvements. The valuation of the rights to be acquired and the limitations imposed on the grantor’s use of the easement area have been analyzed to determine a reasonable allocation for the rights acquired and those remaining to the property owner/grantor. This division or allocation may be expressed as a percentage of the fee simple interest. The valuation of a temporary use of a portion of a property is based on an estimated reasonable rental rate for the land and/or a reasonably expected rate of return for an alternative short-term investment for a specified period of time. Upon expiration of the temporary construction easement, all previous land rights and use of the land revert back to the owner.

Residential land does not typically lease. Leases for other property types are predominately for much larger and typical-shaped areas, and often for longer terms. Shorter term leases, or leases of smaller areas (such as for cell towers or advertising signs), often command a higher rate of return. Leases of areas similar to the project temporary construction easement would be expected to command a relatively high rate of return. A reasonable rate of return on the value of land is determined to be 10% annually.

Site Improvements in Acquisition Areas
Site improvements located in the proposed acquisition areas include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. According to the construction plans provided by the project engineer, the mailbox is 516

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

planned to be relocated as part of the construction of the project. Therefore, an estimate has not been included for the mailbox.

As previously stated in the Extraordinary Assumptions section of this report, for the purpose of this assignment, the property owners were not contacted to meet for the re-inspection of the property. I subsequently re-inspected the property on October 22, 2023, unaccompanied from the public right of way. It is assumed that site improvements not visible from the public right of way, including quality and condition, have remained unchanged since the initial inspection on March 18, 2022.

The contributory value of the site improvements located in the proposed acquisition areas was considered and it has been concluded that the depreciated replacement cost is equal to market value. Marshall Valuation Service (MVS), a construction cost service widely in use by appraisers, and online resources were utilized to estimate the replacement cost. Delivery and installation were included in the costs where appropriate.

Damages
Damages generally occur when the acquisition of a portion of a property result in the remaining property having less value after the acquisition and construction of the project in the manner proposed than it had as part of the original property prior to the taking. Stated another way, after the acquisition of a portion of the property and construction of the project in the manner proposed, the value of the remaining property is less than it was as part of the entire property before the taking.

Based on information and exhibit provided by the project engineer, in the before condition, the subject property had a distance of 64 feet from the existing edge of traveled way to the existing house edge. In the after condition, the new distance would be 53 feet from the proposed edge of traveled way to the existing house edge, resulting in the edge of traveled way being approximately 11 feet closer. In order to determine whether the remainder property would be impacted as a result of the changing roadway configuration, research was conducted to find paired sales in subject’s market area with varying distances to the edge of the traveled way. The distances from the edge off the traveled way to the edge of the houses were estimated using the Google Earth Pro measuring tool. The difference in distance between the paired sales ranged from approximately 15 feet to 39 feet.

In the paired sales shown on the table on the next page, between paired sales, the sales of properties closer to the edge of the traveled way had, on average, a 1.59% higher sales price compared to the sale that was further from the edge of the traveled way. The data supports the conclusion that no damage would accrue to the remainder property as a result of the project.
517

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APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Sales Data Summary
Paired
Sale
Address
City, State Zip
APN
Type of
Transaction
Sale Date
Parcel Size
(Acres)
Parcel Size
(Sq. Ft.)
Building Size
(Sq. Ft.)
Year Built
Bed
Bath
To Edge of
Traveled Way
(Feet)
Sales Price
PS-01 5639 Fallbrook Ct Sale 0.06 2,870 4 ~53 $1,530,000 Dublin, CA 94568 12/30/21 2,394 2021 3.5
986-71-44
PS-02 5615 Fallbrook Ct Sale 0.07 2,870 4 ~22 $1,540,000 Dublin, CA 94568 12/30/21 2,897 2021 3.5
986-41-40
~31 Feet ∆ $10,000 0.65%
PS-03 5696 Fallbrook Ct Sale 0.05 2,705 3 ~75 $1,404,500 Dublin, CA 94568 11/03/21 2,356 2021 2.5
986-71-25
PS-04 5661 Fallbrook Ct Sale 0.09 2,705 3 ~38 $1,433,000 Dublin, CA 94568 10/29/21 3,730 2021 2.5
986-71-47
~37 Feet ∆ $28,500 2.03%
PS-03 5696 Fallbrook Ct Sale 0.05 2,705 3 ~75 $1,404,500 Dublin, CA 94568 11/03/21 2,356 2021 2.5
986-71-25
PS-05 5673 Fallbrook Ct Sale 0.08 2,654 3 ~36 $1,443,500 Dublin, CA 94568 10/29/21 3,516 2021 2.5
986-71-48
~39 Feet ∆ $39,000 2.78%
PS-06 233 Zinnia Ct Sale 0.13 2,909 4 ~73 $1,711,500
San Ramon, CA 94582 10/22/21 5,782 2021 3.5
222-770-025-5
PS-07 265 Zinnia Ct Sale 0.14 2,909 4 ~53 $1,780,000
San Ramon, CA 94582 09/28/21 5,870 2021 3.5
222-770-033-9
~20 Feet ∆ $68,500 4.00%
PS-08 7530 Balmoral Way Sale 0.19 3,884 5 ~83 $2,810,000 San Ramon, CA 94582 05/26/22 8,239 2007 4.5
223-750-006-7
PS-09 7500 Balmoral Way Sale 0.20 3,884 5 ~68 $2,768,000 San Ramon, CA 94582 08/23/22 8,500 2007 4.5
223-750-001-8
~15 Feet ∆ -$42,000 -1.49%
Cost to Cure
As a result of the project, site improvements will be removed, including wooden fencing, a wooden gate and an automatic gate used to border and secure the subject property. Additionally, two tower lights that illuminate the subject property would be removed. It has been judged that there would be a diminution in value to the remainder by removing these site improvements. The cost to cure the damage as a result of removing these site improvements is the replacement cost less the depreciated value previously indicated and accounted for.

After the project, the subject property retains a similar overall utility in comparison with the before condition.

Therefore, no permanent damages are judged to accrue to the remainder as a result of the proposed acquisitions required for the project or from the construction of the project as proposed, once the preceding items have been cured.

Benefits
Since no permanent damages accrue as a result of the proposed acquisitions, benefits have not been quantified. 518

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APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

Construction Contract Work (CCW)
The Contractor will notify the owner by written notification seven (7 calendar days) and 24 hours in advance of beginning any work at the property. Prior to construction, the Contractor will be responsible to first install (and continually maintain) temporary 6-foot chain link fence at the temporary construction easement (TCE) limit. Once the temporary chain link fence is installed, the Contractor will remove the Property Owner’s existing wood fence, two tower lights, automatic metal gates, wood animal pen, a portion of the rock landscape wall, driveway pavers, and mail box. The Contractor shall place the mailbox at a temporary location so that access to the mailbox will not be impaired. The Contractor will maintain access to the property during construction and would coordinate with the property owner (and approved by the City) if any access to the property is temporarily closed.

The Contractor will perform general clearing, grubbing and grading activities within the TCE and fee acquisition.

The Contractor will then construct curb, gutter, sidewalk, retaining curb and landscaping along the subject street frontage. The Contractor will also construct new asphalt concrete driveway approaches from Tassajara Road to the TCE limits to conform to both of the property owner’s existing driveway openings. The Contractor will place the mailbox to the permanent location as designated by the Engineer.

The Property Owner will be responsible to install fence, automatic metal gates and light towers. Once the permanent fence and gates are installed, the Contractor will remove the temporary chain link fence.

PG&E will relocate the service pole and service connection behind the proposed sidewalk. 519

CITY OF DUBLIN
APPRASAL SUMMARY STATEMENT AND APN: 986-0028-002-00

SUMMARY OF THE BASIS FOR JUST COMPENSATION
(Pursuant to Government Code Section 7267.2)

DEFINITIONS*
 Highest and Best Use Analysis
Highest and best use is defined as the reasonably probable use of land which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished.
 Improvements Pertaining to the Realty (if any)
Machinery, Fixtures and Equipment identified here were separately valued as improvements pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in writing) as to ownership of said improvements pertaining to the realty.  Severance Damages (Applies to Proposed Partial Acquisitions) The appraisal also determines whether or not the City’s proposed acquisition results in damages to the remaining property. The basis for this determination is whether or not the value of the remainder is diminished by reason of the anticipated acquisition of the property interest being acquired and the construction of the improvement in the manner proposed. Severance Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages. (Cost to Cure)  Benefits (Applies to Proposed Partial Acquisitions)
Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is acquired in the manner proposed. *These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions.

An owner-occupant of a residential property containing four (4) units or less has a right to review the appraisal on which the written offer to purchase is based.

Appraisal Summary and Offer of Just Compensation
Authorized and Approved for Presentation:

City of Dublin
By:

Title: Assistant Public Works Director __________________ /City Engineer Date: 2/20/2024
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1 PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS

THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is entered into as of __________________, 2024 (the “Effective Date”), by and between the CITY OF DUBLIN, a California municipal corporation (“City”), and JAVID ROSHAN AND ZARMINA MAYAR, husband and wife as joint tenants (“Grantor”). Grantor and City are individually referred to herein as a “Party,” and collectively referred to herein as the “Parties.”

RECITALS
A. Grantor is the owner of certain real property located in the City of Dublin, California, designated as APN 986-0028-002 (the “Property”).

B. The Property is approximately 1.00 acres (43,560 square feet) in size. The site is vacant. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

C. The City is proposing to construct the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project (“Project”), which requires the acquisition of the Property.

D. City desires to acquire portions of Grantor’s property for the construction of the Project. City proposes to acquire 1,972 square feet in Fee Simple and 2,095 square feet in Temporary Construction Easement, both more particularly described in Exhibits B and C attached hereto and incorporated herein by this reference.

E. Grantor and City have agreed to execute this Agreement in lieu of condemnation.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Grantor and City hereby agree as follows:

1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full.

2. PURCHASE AND SALE.

2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Grantor hereby agrees to sell the Property to City, and City hereby agrees to acquire the Property from Grantor.

2.2 Purchase Price. The purchase price for the Property to be paid by City to Grantor (the “Purchase Price”) is One Hundred Fifty Two Thousand Dollars ($152,000). The full amount of the Purchase Price 521

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2 shall be paid in immediately available funds to Grantor on the Closing Date (defined below).

2.3 Conveyance Notification. In the event Grantor sells, conveys or assigns any property interest, encumbered by the Agreement prior to City exercising the rights granted herein, Grantor shall notify the successor or assignor of the rights and obligations of both parties as included herein.

2.4 Unexpected Delays. In case of unpredictable delays in construction, upon written notification by City, the terms of the TCE may be extended by an amendment to this Agreement. Grantor shall be compensated based on fair market value as determined by the City using the same methodology as the appraisal. Payment shall be made to the Grantor for the extension prior to the expiration of the original TCE period.

2.5 Miscellaneous Realty Items Acquired. It is understood and agreed by and between the Parties hereto that payment in Section 2.2 above includes, but is not limited to, payment for 240 linear feet (lf) wooden fencing, 14 lf wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the City in this transaction

2.6 City Performed Work. All City performed work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City or its authorized agent, shall be left in as good condition as found.

2.7 Cost to Cure Damages. It is understood and agreed by and between the Parties hereto that included in the amount payable under Section 2.2 above is payment in full to compensate Grantor for the Grantor’s expenses associated with the following work: install 217 lf wooden fencing, 14 lf wooden gate, one automatic gate, and two tower lights.

3. ESCROW.

3.1 Escrow Account. The Parties shall open an escrow account (the “Escrow”) with First American Title Company (the “Escrow Holder”). Escrow Holder shall perform all Escrow and title services in connection with this Agreement.

3.2 Opening of Escrow. Within three (3) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is 522

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3 received by Escrow Holder will be deemed the “Opening of Escrow” and Escrow Holder will give written notice to the Parties of such occurrence.

3.3 Satisfaction of Due Diligence Contingency. City shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the “Due Diligence Contingency Period” (as defined in Section 4.2 below). City hereby agrees to provide written notice to Grantor prior to the expiration of the Due Diligence Contingency Period if City disapproves any due diligence items or approves all due diligence items (“City Notice”). If City disapproves any items through the delivery of the City Notice to Grantor before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by City into Escrow will be returned to City, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If City fails to timely deliver the City Notice to Grantor, it will be conclusively presumed that City has approved all such items, matters or documents.

4. PROPERTY DISCLOSURE REQUIREMENTS.

4.1 Condition of Title/Preliminary Title Report. Grantor shall cause the Escrow Holder to deliver to City a Preliminary Title Report for the Property (the “Preliminary Report”) within ten (10) days after the Effective Date. City shall have thirty (30) days after receipt of the Preliminary Report to approve the Preliminary Report. If there are any changes to the Preliminary Report prior to Closing, City shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. Notwithstanding City’s delivery of the City Notice, City agrees to take title to the Property subject to the following “Permitted Exceptions:” (a) standard printed exceptions in the Preliminary Report, (b) general and special real property taxes and assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly approved by City pursuant to the City Notice.

4.2 Due Diligence Contingency Period. City will have sixty (60) days from the Effective Date (the “Due Diligence Contingency Period”) to complete physical inspections of the Property and due diligence related to the purchase of the Property. During the Due Diligence Contingency Period, representatives of City shall have the right of access to all portions of the Property, at all reasonable times, for the purpose of conducting studies, inspections and investigations of the Property and obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the environmental condition of the Property, and geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by City shall be done at the sole expense of the City and shall be coordinated with Grantor’s representatives. Any surveys and tests shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. As soon as practical after the Effective 523

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4 Date, Grantor shall provide to City copies of all reasonably available and known documents that Grantor has in its possession with respect to the Property. City hereby agrees to indemnify and hold Grantor harmless for any damage to the Property caused (but not merely revealed) by City’s inspections.

4.3 Property Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Grantor to provide certain disclosures regarding natural hazards affecting the Property.

Grantor agrees to disclose to City all material information with respect to the Property and all defects therein known by Grantor, and to make all necessary disclosures required by law. Grantor hereby represents to the best of its knowledge that it is not aware of and has not received any notice or communication from any government agency having jurisdiction over the Property notifying Grantor of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property or any portion thereof. “Best of its knowledge,” as used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of Grantor employees and agents who manage the Property or have participated in the preparation of this Agreement, and all documents and materials in the possession of Grantor.

4.4 Occupants of the Property. Grantor shall, at no cost or expense to City, be responsible for (i) causing all occupants of the Property (if any) to vacate prior to the Closing, and (ii) for complying and/or causing compliance with all applicable laws and regulations concerning the displacement and/or relocation of all eligible persons from the Property, including without limitation, compliance with the California Relocation Assistance Law, California Government Code Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable state and local laws and regulations.

5. CLOSING AND PAYMENT OF PURCHASE PRICE.

5.1 Closing. The closing (“Closing” or “Close of Escrow”) will occur no later than thirty (30) days after the end of the Due Diligence Contingency Period (“Closing Date”). In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. 524

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5 5.2 City’s Conditions to Closing. City's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or City's written waiver (in City’s sole discretion) of such conditions on or before the Closing Date:
(a) Expiration of the Due Diligence Contingency Period with no exercise by City of its rights under this Agreement to terminate this Agreement.
(b) Grantor has deposited into the Escrow fully executed “Grant Deed” and “Grant of Temporary Construction Easement” (as defined in Section 5.5(a) below) and all other documents to be submitted by Grantor pursuant to this Agreement, all duly executed by Grantor. (c) City has deposited into the Escrow the Purchase Price and all Escrow fees and costs of the buyer’s title policy that are the responsibility of City under Section 5.5(d) below (“City’s Escrow and Title Costs”).
(d) Grantor's representations and warranties herein are true and correct in all material respects as of the Closing Date.
(e) The Title Company is irrevocably committed to issue a CLTA or ALTA Title Policy to City, as selected by City, and such endorsements requested by City, insuring title to City in the full amount of the Purchase Price subject only to the Permitted Exceptions.
(f) There shall be no occupants of the Property, and any former occupants shall have received all relocation assistance and benefits as required by law.
(g) Grantor has performed all obligations to be performed by Grantor pursuant to this Agreement.

5.3 Grantor’s Conditions to Closing. The Close of Escrow and Grantor's obligation to sell and convey the Property to City are subject to the satisfaction of the following conditions or Grantor's written waiver (in Grantor’s sole discretion) of such conditions on or before the Closing Date:
(a) City has deposited into the Escrow the Purchase Price and City’s Escrow and Title Costs.
(b) City has deposited into the Escrow a fully executed Acceptance of Grant Deed and Grant of Temporary Construction Easement and all 525

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6 other documents to be submitted by City pursuant to this Agreement, all duly executed by City.
(c) City's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) City has performed all obligations to be performed by City pursuant to this Agreement before Closing Date.

5.4 Conveyance of Title. Grantor will deliver fee simple title and a temporary construction easement to City at the Closing, subject only to the Permitted Exceptions.

5.5 Deliveries at Closing.
(a) Deliveries by Grantor. Grantor shall deposit into the Escrow for delivery to City at Closing: (i) a grant deed (Exhibit B - the “Grant Deed”); (ii) a Grant of Temporary Construction Easement (Exhibit C - the “Grant of TCE”); and (iii) any other documents required for the Escrow.
(b) Deliveries by City. No less than one (1) business day prior to the close of Escrow, City shall deposit into Escrow (i) the acceptance of the Grant Deed and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations between the Parties, and City’s share of the Escrow and title fees.
(c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and Grant of TCE; (ii) disburse to Grantor the Purchase Price, less Grantor’s share of any Escrow and title fees, costs and expenses; (iii) deliver to City a conformed copy of the original recorded Grant Deed and Grant of TCE; and (iv) distribute to itself the payment of Escrow fees and expenses required hereunder.
(d) Closing Costs. City and Grantor shall each be responsible for onehalf of all Escrow fees (including the costs of preparing documents and instruments), recording fees, governmental conveyance fees and transfer taxes (if any). Grantor shall be responsible for the portion of the cost of the buyer’s title insurance policy equal to the premium for a CLTA buyer’s title policy in the amount of the Purchase Price.

City shall be responsible for any additional costs of the buyer’s title policy, including the incremental cost of an ALTA buyer’s policy and the cost of any endorsements requested by City. The parties understand that there will be no recording fees or documentary transfer taxes for this transaction.
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7 (e) Property Taxes. Proration of property taxes, if any, will be made at the Close of Escrow.

6. REPRESENTATIONS, WARRANTIES AND COVENANTS.

6.1 Grantor’s Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Grantor contained in other sections of this Agreement, Grantor hereby represents, warrants and covenants to City that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided, however, if to Grantor’s actual knowledge any such statement becomes untrue prior to Closing, Grantor will notify City in writing and City will have three (3) business days thereafter to determine if City wishes to proceed with Closing. If City determines it does not wish to proceed, then the terms of Section 6.2 will apply.
(a) Authority. Grantor has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Grantor, and upon delivery to and execution by City is a valid and binding agreement of Grantor.

Grantor has complied with, and is not required to take any further actions to comply with, state surplus property law requirements, Grantor property conveyance requirements, or any other legal requirements except as provided in this Agreement.
(b) Encumbrances. Grantor has not sold, leased, alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Grantor will not, directly or indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force.
(c) Other Agreements. There are no leases, purchase agreements, use agreements, or other agreements affecting the Property except those which have been disclosed by Grantor. There are no agreements affecting the Property which will be binding on the City or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice.
(d) No Occupants of Property. There are no tenants, occupants or other persons who reside on the Property or have any right to occupy the Property.
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8 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Grantor contained in this Agreement are conditions precedent to City’s obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing.

6.2 City’s Representations and Warranties. In addition to the representations, warranties and covenants of City contained in other sections of this Agreement, City hereby represents, warrants and covenants to Grantor that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to City’s actual knowledge any such statement becomes untrue prior to Closing, City shall so notify Grantor in writing and Grantor shall have three (3) business days thereafter to determine if Grantor wishes to proceed with Closing.
(a) City has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by City, and upon delivery to and execution by Grantor shall be a valid and binding agreement of City. (b) Upon acquisition of the Property, City intends to use the Property for public purposes, including the construction of Tassajara Road Improvement.

The truth and accuracy of each of the representations and warranties, and the performance of all covenants of City contained in this Agreement are conditions precedent to Grantor’s obligation to proceed with the Closing hereunder.

7. REMEDIES In the event of a breach or default under this Agreement by Grantor, if such breach or default occurs prior to Close of Escrow, City reserves the right to either (a) seek specific performance from Grantor or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Grantor is able to perform; or (iii) to terminate this Agreement upon written notice to Grantor, whereupon Grantor shall cause Escrow Holder to return to City any and all sums placed into the Escrow by City, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO EVENT SHALL

EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY’S BREACH OF THIS AGREEMENT.

8. BROKERS. Grantor represents that no real estate broker has been retained by Grantor in the sale of the Property or the negotiation of this Agreement. Grantor shall indemnify, hold harmless and defend City from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out of Grantor’s conduct. City represents 528

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9 that no real estate broker has been retained by City in the procurement of the Property or negotiation of this Agreement. City shall indemnify, hold harmless and defend Grantor from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder’s fee, or similar charges arising out of City’s conduct.

9. MISCELLANEOUS.

9.1 Attorneys’ Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys’ fees and costs. In any legal proceeding, the “prevailing Party” shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered.

9.2 Interpretation. This Agreement has been negotiated at arm’s length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party.

9.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow.

9.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Grantor nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement.

9.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns.
529

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
10 9.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.

9.7 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein.

9.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein.

9.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party’s address as set forth below:

To City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Attn: City Engineer
Copy to City Attorney
530

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
11 To Grantor: Javid Roshan and Zarmina Mayar
5868 Tassajara Road
Dublin, CA 94568
To Escrow Holder: First American Title Company
__________________
__________________Attn: _____________
Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice.

9.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement.

9.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day.

9.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed.

9.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement.

9.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance.

9.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such 531

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
12 completely executed counterparts shall be sufficient proof of this Agreement.

9.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date.

9.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

9.18 City Approvals. Whenever this Agreement calls for City approval, consent, extension or waiver, the written approval, consent, or waiver of the City’s City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the City, without further authorization required from the City’s City Council. The City hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce City’s rights under this Agreement, and to waive requirements under this Agreement, on behalf of the City. 532

PURCHASE AND SALE AGREEMENT

AND JOINT ESCROW INSTRUCTIONS
13 IN WITNESS WHEREOF, this Agreement is executed by City and Grantor as of the Effective Date.

CITY OF DUBLIN,
a California municipal corporation
By:

Name: Linda Smith
Its: City Manager
Attest:
___________________________________
City Clerk
Reviewed as to Form:
___________________________________
City Attorney

JAVID ROSHAN AND ZARMINA MAYAR
husband and wife as joint tenants
By:

Name: Javid Roshan
By:

Name: Zarmina Mayar
533

EXHIBIT A
Real property in the City of Dublin, County of Alameda, State of California, described as follows:

BEGINNING AT A POINT ON THE WESTERN LINE OF TASSAJARA ROAD OR COUNTY ROAD NO. 2568, AT THE SOUTHERN END OF THE 69TH COURSE DESIGNATED AS SOUTH 2 DEGREES 41' 15" WEST 100 FEET,

IN THE DECREE RENDERED IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION IN CASE NO. 22352-RECORDED (CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, BOOK 4721, PAGE 182, SERIES NO. SS-36105), ALAMEDA COUNTY RECORDS; RUNNING THENCE NORTH 86 DEGREES 23' 15" WEST 218.81 FEET; THENCE SOUTH 57 DEGREES 09' 56" WEST 368.18 FEET; THENCE SOUTH 86 DEGREES 54' 30" EAST 518.45 FEET TO SAID LINE OF TASSAJARA ROAD; AND THENCE ALONG THE LAST NAMED LINE NORTH 2 DEGREES, 41' 15" EAST 214.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM:

ALL THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED FROM WILLIAM F. ALGER AND VIRGINIA ALGER TO EAST BAY REGIONAL PARK DISTRICT, FEBRUARY 3, 1977, REEL 4707, IMAGE 646, ALAMEDA COUNTY RECORDS.

APN: 986-0028-002
534
Recording Requested By:

City of Dublin
No Fee for recording pursuant to Government
Code Sections 6103 and 27383
When Recorded Mail To:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
APN: 986-0028-002-00 (portion of)
SPACE ABOVE THIS LINE FOR RECORDER’S USE

GRANT DEED
(FOR ROADWAY PURPOSES)

TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE

TO QUARRY LANE SCHOOL
For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the “GRANTOR”), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation (“GRANTEE”), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor’s Parcel No. 986-0028-002-00, described in Exhibit “A” (legal description) and depicted in Exhibit “B” (plat map) attached hereto and incorporated herein.

IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of _____ day of ____________, 202_.

GRANTOR:

Javid Roshan and Zarmina Mayar
husband and wife as joint tenants
By:

Name: Javid Roshan
By: _____________________
Name: Zarmina Mayar
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535
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss

COUNTY OF )
On before me, , Notary Public,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the Laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
(Seal)
536
4670 Willow Road
Suite 250
Pleasanton
California 94588
phone 925.396.7700
fax 925.396.7799
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537
538

CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN
This Certificate of Acceptance by the City of Dublin (hereinafter “Acceptance”) is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City").

RECITAL
On __________________, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (“Grantor”) executed the document entitled Grant Deed (“Grant”), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor’s parcel number 986-0028-02, Dublin, California (“Property”).

NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES:

The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer.

CITY OF DUBLIN
______________________________
By:

Title:

Date: ______________________________
539
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss

COUNTY OF )
On before me, , Notary Public,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the Laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Notary Public
(Seal)
540
RECORDING REQUESTED BY:

City of Dublin
WHEN RECORDED MAIL TO:

City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568-0233
Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922
SPACE ABOVE THIS LINE FOR RECORDER’S USE

GRANT OF TEMPORARY CONSTRUCTION EASEMENT

JAVID ROSHAN AND ZARMINA MAYAR,

HUSBAND AND WIFE AS JOINT TENANTS
PROPERTY PORTION OF APN 986-28-2
5868 TASSAJARA ROAD, DUBLIN, CA
TASSAJARA ROAD IMPROVEMENTS – NORTH DUBLIN RANCH

DRIVE TO QUARRY LANE SCHOOL PROJECT

TITLE OF DOCUMENT

THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6)

EXHIBIT C
541
Temporary Construction Easement