Dublin City Council
May 17, 2022

May 17, 2022 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Jean Josey, Vice Mayor 100 Civic Plaza
Shawn Kumagai, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Michael McCorriston, Councilmember
Regular Meeting of the

DUBLIN CITY COUNCIL
Tuesday, May 17, 2022 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public, without making available any physical location for the public.

Additional Meeting Procedures Available During the COVID-19 Pandemic This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:
 Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, May 17, 2022. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the staff presentation on an agenda item ends, or until the public comment period on non-agenda items is closed.
 Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.  When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1 May 17, 2022 Dublin City Council Regular Meeting Agenda 2

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ORAL COMMUNICATIONS

3.1 Recognition of 2022 Dublin Pride Week Contest Winners The City Council will recognize the winners of the 2022 Dublin Pride Week Photography, Poster, and Essay Contests.

STAFF RECOMMENDATION:

Recognize the contest winners.

Staff Report
Item 3.1 - PowerPoint Presentation

3.2 Elder Abuse Awareness Month Proclamation
The City Council will present the Elder Abuse Awareness Month Proclamation to the Alameda County District Attorney's Office - Elder Protection Unit.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - Elder Abuse Awareness Month Proclamation

3.3 Presentation of the Gun Violence Awareness Day and Month Proclamation The City Council will present the Gun Violence Awareness Day and Month Proclamation to the Moms Demand Action for Gun Sense in America - Livermore Valley Chapter.

STAFF RECOMMENDATION:

Present the proclamation.

Staff Report
Attachment 1 - Gun Violence Awareness Day and Month Proclamation

3.4 Employee Introduction
New City of Dublin Staff members, Sandra Allen and Baylee Hill, Office Assistant II's with the Dublin Police Department will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff members.

Staff Report

3.5 Public Comment
At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).

4. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the 2 May 17, 2022 Dublin City Council Regular Meeting Agenda 3 City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

4.1 Approval of the May 3, 2022 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the May 3, 2022 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the May 3, 2022 Regular City Council Meeting.

Staff Report
Attachment 1 - May 3, 2022 Regular City Council Meeting Minutes

4.2 Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay
The City Council will consider approval of a two-year Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for a variety of sports programs and classes at various City facilities.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services.

Staff Report
Attachment 1 - Resolution Approving A Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay
Attachment 2 - Exhibit A to the Resolution - Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay

4.3 Resolutions Directing Preparation of Annual Engineer’s Reports, Approving Preliminary Engineer’s Reports, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1 The City Council will consider directing preparation of the Fiscal Year 2022 -23 Engineer’s Reports, approving the preliminary Fiscal Year 2022-23 Engineer's Reports, and scheduling a public hearing date of June 21, 2022 for the five assessment districts.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1; and 2) adopt the Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1.

Staff Report
Attachment 1 - Resolution Directing Preparation of Annual Engineer's Reports for Street Lighting and Landscape Maintenance Districts
Attachment 2 - Resolution Approving the Preliminary Engineer’s Reports and Appointing a Public Hearing Time
Attachment 3 - Preliminary Engineer's Report for Street Lighting Maintenance District 1983-1
3 May 17, 2022 Dublin City Council Regular Meeting Agenda 4 Attachment 4 - Preliminary Engineer's Report for Landscaping and Lighting District 1983-1 Attachment 5 - Preliminary Engineer's Report for Landscaping and Lighting District 1986-1 Attachment 6 - Preliminary Engineer's Report for Landscaping and Lighting District 1997-1 Attachment 7 - Preliminary Engineer's Report for Street Lighting Maintenance District 1999-1

4.4 Second Amendment to the Agreement with Lanlogic, Inc.

The City Council will consider approving a second amendment to the agreement with Lanlogic, Inc. for information technology consulting and maintenance services, to extend the term and increase total compensation.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Agreement with Lanlogic, Inc. for Ongoing Support of the City’s Network and Special Project Work Related to Technological Upgrades.

Staff Report
Attachment 1 - Resolution Approving a Second Amendment to the Agreement with Lanlogic, Inc. for Ongoing Support of the City’s Network and Special Project Work Related to Technological Upgrades
Attachment 2 - Exhibit A to the Resolution - Second Amendment to the Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc.

Attachment 3 - Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc.

Attachment 4 - First Amendment to the Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc.

4.5 Amendments to Agreements for On-Call Civil Engineering and Surveying Services The City Council will consider approving amendments to the Consulting Services Agreements with BKF Engineers and Nichols Consulting Engineers, Chtd. for on-call civil engineering and surveying services to assist the Public Works Department on an asneeded basis.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Amendments to the Consulting Services Agreements with BKF Engineers and Nichols Consulting Engineers, Chtd. for On-Call Civil Engineering and Surveying Services.

Staff Report
Attachment 1 - Resolution Approving Amendments to Consulting Services Agreements for On-Call Civil Engineering and Surveying Services
Attachment 2 - Exhibit A to the Resolution - Amendments to Consulting Services Agreements
Attachment 3 - Original Consulting Services Agreements for On-Call Civil Engineering and Surveying Services
4 May 17, 2022 Dublin City Council Regular Meeting Agenda 5

4.6 Agreement with Willdan Energy Solutions, Inc. for Building Electrification, Electric Vehicle Charger, and Low Carbon Concrete Code Assistance The City Council will consider approval of an agreement with Willdan Energy Solutions, Inc. for assistance with developing and implementing municipal and/or building codes related to building electrification, electric vehicle chargers, and low carbon concrete in support of Climate Action Plan 2030 and Beyond (CAP 2030) . Willdan Energy Solutions, Inc. would also assist with other programs and projects related to CAP 2030 implementation.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Consulting Services Agreement Between the City of Dublin and Willdan Energy Solutions, Inc. for Building Electrification, Electric Vehicle Charger, and Low Carbon Concrete Code Assistance.

Staff Report
Attachment 1 - Resolution Approving the Consulting Services Agreement Between the City of Dublin and Willdan Energy Solutions, Inc.

Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement Between the City of Dublin and Willdan Energy Solutions, Inc.

Attachment 3 - Resolution 100-20 Adopting the City of Dublin Climate Action Plan 2030 and Beyond
Attachment 4 - Request for Proposals for Building Electrification, Electric Vehicle Charger, and Low Carbon Concrete Code Assistance

4.7 Payment Issuance Report and Electronic Funds Transfers The City Council will receive a listing of payments issued from April 1, 2022 - April 30, 2022 totaling $13,403,784.56.

STAFF RECOMMENDATION:

Receive the report.

Staff Report
Attachment 1 - Payment Issuance Report for April 2022

4.8 Local Housing Trust Fund Program Grant Application
The City Council will consider adoption of a Resolution authorizing the City Manager to submit an application and receive up to $3,333,333 in grant funds from the State of California’s Local Housing Trust Fund (LHTF) Program. The purpose of the LHTF Program is to provide matching funds to local and regional housing trust funds dedicated to the creation, rehabilitation, or preservation of affordable housing, transitional housing and emergency shelters. If awarded, the grant funds will be used to help fund Phase 1 of the Amador Station affordable rental housing project proposed by BRIDGE Housing at 6501 Golden Gate Drive.

STAFF RECOMMENDATION:

Adopt the Resolution Authorizing Application for, and Receipt of, Local Housing Trust Fund Program Funds.

Staff Report
Attachment 1 - Resolution Authorizing Application for, and Receipt of, Local Housing Trust Fund Program Funds
5 May 17, 2022 Dublin City Council Regular Meeting Agenda 6

4.9 City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2022
The City Council will receive an informational report of the City’s investments through the quarter ending March 31, 2022 including a monthly transaction ledger. The City’s investment portfolio for this period totaled $370,906,101 (market value) with an average market yield of 1.62%. As required by the Policy, the City Treasurer (Administrative Services Director) affirms that the City is able to meet its expenditure requirements for the next six months.

STAFF RECOMMENDATION:

Receive the City Treasurer's Informational Report of Investments for the Quarter Ending March 31, 2022.

Staff Report
Attachment 1 - City of Dublin Investment Report for Period Ending March 31, 2022 Attachment 2 - Transaction Ledger - January through March 2022

4.10 LGBTQ+ Pride Month Proclamation
The City Council will consider proclaiming June 2022 as LGBTQ+ Pride Month in Dublin and approving the flying of the Progress Pride Flag during the month of June 2022, consistent with the City’s Outdoor Flag Display Policy.

STAFF RECOMMENDATION:

Proclaim June 2022 as LGBTQ+ Pride Month in Dublin and approve the flying of the Progress Pride Flag at City Hall during the month of June.

Staff Report
Attachment 1 - LGBTQ+ Pride Month Proclamation

4.11 City Proclamations for the Month of June
The City Council will consider the following proclamations for the month of June in the City of Dublin: Flag Day and National Flag Week, African American Music Appreciation Month, Caribbean American Heritage Month, Great Outdoors Month, Homeownership Month, Juneteenth, and Ocean Month.

STAFF RECOMMENDATION:

Approve the proclamations.

Staff Report
Attachment 1 - Flag Day and National Flag Week Proclamation Attachment 2 - African American Music Appreciation Month Proclamation Attachment 3 - Caribbean American Heritage Month Proclamation Attachment 4 - Great Outdoors Month Proclamation
Attachment 5 - National Homeownership Month Proclamation Attachment 6 - Juneteenth Proclamation
Attachment 7 - Ocean Month Proclamation

4.12 Authorizing Remote Meetings of City Council and City Commissions Due to Increase in COVID-19 Cases
From March 2020 through September 2021, the City conducted meetings of its legislative bodies remotely pursuant to various executive orders that suspended certain Brown Act provisions. In October, the City returned to in- person meetings and at the same time state law changed to require certain findings to be made for an agency to meet remotely.

Under the new law, AB 361, the City can conduct virtual meetings where the Governor has proclaimed a State of Emergency and state or local health officials have imposed or 6 May 17, 2022 Dublin City Council Regular Meeting Agenda 7 recommended social distancing or where the City Council has declared the need to meet remotely due to imminent risks to the health or safety of attendees. On January 11, 2022, the City Council adopted a resolution pursuant to AB 361 authorizing remote teleconferenced meetings for a 30 day period ending February 10, 2022. Due to the current increase in cases resulting from the Omicron variants, it would be prudent for the City Council and City Commissions to have the ability to attend meetings virtually for at least the next 30 days. The City Council will consider adopting a resolution that would allow for virtual attendance for the next 30 days.

STAFF RECOMMENDATION:

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

Staff Report - AB 361
Attachment 1 - Resolution Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361

4.13 Approval of Letter in Support of Constitutional Protections for Women’s Reproductive Rights
The City Council will consider sending a letter of support to Governor Newsom regarding constitutional protections for women’s reproductive rights.

STAFF RECOMMENDATION:

Approve the letter of support to Governor Newsom regarding constitutional protections for women’s reproductive rights.

Staff Report
Attachment 1 - Draft Letter of Support Regarding Constitutional Protections for Women’s Reproductive Rights

4.14 Mayor’s Recommendation for Appointment to the Senior Center Advisory Committee Unscheduled Vacancies
The City Council will consider the Mayor’s recommendation for appointment to fill two unscheduled vacancies on the Senior Center Advisory Committee, one with a term ending December 2022 and one with a term ending December 2024.

STAFF RECOMMENDATION:

Confirm the Mayor’s recommendation to appoint Christy Li to the Senior Center Advisory Committee for the remainder of a term ending December 2022 and Steve Kau for the remainder of a term ending December 2024.

Staff Report
Attachment 1 - Senior Center Advisory Committee Vacancy Applications

4.15 Transition to District-Based Councilmember Elections On April 20, 2022, the City received a second notification threatening litigation under the California Voting Rights Act. The City Council will consider adopting another resolution of intent to transition from at-large elections to a district-based councilmember election 7 May 17, 2022 Dublin City Council Regular Meeting Agenda 8 system. As the City Council is aware, the City has begun the process to transition to district-based councilmember elections, with hearings on going and the process scheduled to be completed by September 2022.

STAFF RECOMMENDATION:

Adopt the Resolution Declaring Its Intention to Transition From an At-Large Election System to a District-Based Election System.

Staff Report
Attachment 1 - Resolution Declaring Its Intention to Transition from an At-Large Election System to a District-Based Election System
Attachment 2 - Demand Letter from Rosel Trolan

4.16 Mayor’s Recommendation for Appointment to the Planning Commission Unscheduled Alternate Vacancy
The City Council will consider the Mayor’s recommendation for appointment to fill an unscheduled alternate vacancy on the Planning Commission.

STAFF RECOMMENDATION:

Confirm the Mayor’s recommendation to appoint Matthew Aini as an alternate to the Planning Commission for the remainder of a term ending December 2022.

Staff Report
Attachment 1 - Planning Commission Alternate Vacancy Applications

4.17 June 7, 2022 Regular City Council Meeting Start Time The City Council will consider approving a start time of 5:30 p.m. for the June 7, 2022 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve a change to the June 7, 2022 Regular City Council Meeting start time from 7:00 p.m. to 5:30 p.m.

Staff Report

5. WRITTEN COMMUNICATION – None.

6. PUBLIC HEARING

6.1 Inspiration Drive Memory Care and Assisted Living Projects (PLPA-2020-00044 and PLPA-2020-00045)
The Applicant, Steve Ring of Fulcrum Development, is proposing to develop two projects, a 55-bed memory care facility and an 84-bed assisted living facility, on Parcels 2 and 3, respectively, of the Valley Christian Center property. Requested approvals include Planned Development Rezoning with related Stage 1 and Stage 2 Development Plans, Site Development Review Permits, a Street Vacation and Tentative Parcel Map. The City Council will consider the Inspiration Drive Memory Care and Assisted Living projects, including a Supplemental Mitigated Negative Declaration to the Valley Christian Center Environmental Impact Report.

STAFF RECOMMENDATION:

Conduct the public hearing, deliberate and: 1) adopt the Resolution Adopting a Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects; 2) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the 8 May 17, 2022 Dublin City Council Regular Meeting Agenda 9 Inspiration Drive Memory Care Project; 3) adopt the Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project; 4) adopt the Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement; 5) adopt the Resolution Approving a Purchase and Sale Agreement with Valley Christian Center; 6) waive the reading and INTRODUCE the Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project; 7) waive the reading and INTRODUCE the Ordinance Amending Planned Development Ordinance No. 07-03 for the Valley Christian Center; and 8) adopt the Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project.

Staff Report
Attachment 1 - Resolution Adopting a Supplemental MND and Mitigation Monitoring and reporting Program for the Inspiration Drive Memory Care and Assisted Living Projects Attachment 2 - Exhibit A to the Resolution - Initial Study Supplemental Mitigated Negative Declaration
Attachment 3 - Ordinance Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Memory Care Project
Attachment 4 - Resolution Approving a Site Development Review Permit for the Inspiration Drive Memory Care Project
Attachment 5 - Exhibit A to the Resolution - Memory Care Project Plans Attachment 6 - Resolution Summarily Vacating Unused Right-of-Way on Dublin Boulevard and Reservation of a Public Service Easement
Attachment 7 - Resolution Approving a Purchase and Sale Agreement with Valley Christian Center for Exempt Surplus Former Right-of-Way on Dublin Boulevard Attachment 8 - Exhibit A to the Resolution - Draft Purchase and Sale Agreement Attachment 9 - Planning Commission Resolution No. 22-04 Attachment 10 - Amending the Zoning Map and Approving a Planned Development Zoning District with a Stage 1 and Stage 2 Development Plan for the Inspiration Drive Assisted Living Project
Attachment 11 - Ordinance Approving an Amendment to Planned Development Ordinance No. 07-03 for the Valley Christian Center
Attachment 12 - Resolution Approving a Site Development Review Permit and Tentative Parcel Map No. 11241 for the Inspiration Drive Assisted Living Project Attachment 13 - Exhibit A to the Resolution - Assisted Living Project Plans Attachment 14 - Exhibit B to the Resolution - Tentative Parcel Map No. 11241 Attachment 15 - Planning Commission Resolution No. 22-05 Attachment 16 - Community Engagement Summary by Fulcrum Development Attachment 17 - Public Comments
Attachment 18 - Response to Environmental Comments - May 2022 Item 6.1 - PowerPoint Presentation
SB 343

6.2 Dublin Districts—Public Hearing 2: Program Update and Community Feedback Opportunity
The City Council will hold a public hearing to give the community an opportunity to provide input regarding potential boundaries and district composition. At the February 9 May 17, 2022 Dublin City Council Regular Meeting Agenda 10 15, 2022, meeting, the City Council adopted a Resolution Declaring its Intention to Transition From an At-Large Election System to a District-Based Election System.

Pursuant to Elections Code section 10010, the City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed voting districts are drawn. Representatives from National Demographics Corporation will provide a brief presentation prior to the public hearing to detail the map drawing and community outreach process.

STAFF RECOMMENDATION:

Receive the presentation, open the public hearing, receive public comment, and close the public hearing.

Staff Report
Attachment 1 - Community Feedback Received
Item 6.2 - PowerPoint Presentation

7. UNFINISHED BUSINESS

7.1 Draft 2023 – 2031 Housing Element
Each California city and county must update its General Plan Housing Element every eight years to adequately plan to meet the existing and projected housing needs for all economic segments of the community. Dublin’s current Housing Element is for the 2014 – 2022 planning period. State law mandates updates to the Housing Element no later than January 2023 for the 2023 – 2031 planning period. In order to meet that mandate, the Housing Element Update must be adopted by the City Council and certified by the California Department of Housing and Community Development (HCD) prior to that date.

Staff prepared the Draft 2023 – 2031 Housing Element and it was available for public review between April 15 and May 15, 2022. The City Council is now being asked to review the Draft 2023 – 2031 Housing Element and consider directing Staff to submit it to HCD for review.

STAFF RECOMMENDATION:

Adopt the Resolution Directing Staff to Submit the Draft 2023 – 2031 Housing Element to the California Department of Housing and Community Development for Review.

Staff Report
Attachment 1 - Resolution Directing Staff to Submit the Draft 2023 - 2031 Housing Element to the California Department of Housing and Community Development for Review Attachment 2 - Draft 2023-2031 Housing Element
Attachment 3 - Public Feedback Form
Attachment 4 - Planning Commission Resolution No. 22-06 Item 7.1 - PowerPoint Presentation
SB 343

8. NEW BUSINESS – None.

9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT
10 May 17, 2022 Dublin City Council Regular Meeting Agenda 11 This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disabilityrelated modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting.

Mission
The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion.
11 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Recognition of 2022 Dublin Pride Week Contest Winners Prepared by: Tyler Phillips, Heritage & Cultural Arts Supervisor EXECUTIVE SUMMARY:

The City Council will recognize the winners of the 2022 Dublin Pride Week Photography, Poster, and Essay Contests.

STAFF RECOMMENDATION:

Recognize the contest winners.

FINANCIAL IMPACT:

Funding for Dublin Pride Week activities is included in the Fiscal Year 2021-22 Operating Budget.

DESCRIPTION:

The 2022 Dublin Pride Week Celebration took place from Saturday, April 23 to Saturday, April 30, 2022. The theme for the 2022 Celebration was “Celebrating 40 Years of CommUNITY.” Several events took place during the weeklong celebration including the “Nature in Our Backyard” Photography Contest and the Dublin Pride Poster and Essay Contests coordinated by the General Federation of Women’s Club Dublin/San Ramon chapter (GFWC).

Nature in Our Backyard Photography Contest
The 4th annual photo contest was open to photographers who snapped pictures in Dublin over the last 12 months. The submission period ran March 7 through April 10, 2022, with a total of 132 submissions received. A panel of judges selected the top 10 photographs, which were then posted to the City’s website from April 15 to April 29, 2022, for a public vote. The top four photographs based on the public voting results are awarded gift cards and certificates of recognition from the City. The grand prize winner will receive a $200 gift card, first place winner will receive a $100 gift card, second place winner will receive a $50 gift card, and third place winner will receive a $25 gift card. Mike’s Camera of Dublin sponsored the 2022 event and donated large metal prints that 12

will be provided to the contest winners. Additionally, framed photographs will be displayed in the Civic Center lobby.

The 2022 “Nature in Our Backyard” Photography Contest winners are:
 Grand Prize Winner:

Catherine Treyes, “Golden Hour”
 First Place Winner
Monique Richardson, “We Shine Together”
 Second Place Winner
Amit Srivastava, “Here to Help”
 Third Place Winner
Shawna S., “Blue Bird”
Dublin Pride Week Poster and Essay Contests
Students in grades K-12 from all public and private schools located in the City of Dublin were invited to participate in this year’s contest. The theme for the poster and essay contest was “40 Years of CommUNITY.”
The GFWC handled the implementation of the two contests including supplying materials, judging, and distributing certificates of participation.

Each of the contest participants will receive a Certificate of Merit. Grand prize winners will receive a $100 gift card, first place winners will receive a $25 gift card, and second place winners will receive a $15 gift card. Lastly, a “Classroom Award” of $200 is presented to the class teacher of the Grand Prize winners of both the poster and essay contests. This gift can be spent at the discretion of the teacher and is intended to assist with classroom activities and supply costs.

The 2022 Dublin Pride Poster Contest winners are:

Best Overall Category
 Grand Prize Winner:

Lauren Chuck, Seventh Grade, Fallon Middle School
 Classroom Award
Sarah Bastida/Vena Olsen, Teacher, Fallon Middle School K - 1st Grade Category
 First Place Winner:

Annika Majunder, First Grade, Kolb Elementary
 Second Place Winner:
 Kiara Wanchoo, Kindergarten, Amador Elementary
2nd – 3rd Grade Category
13

 First Place Winner:

Myra Idnani, Third Grade, Amador Elementary
 Second Place Winner:

Aashi Kamdar, Second Grade, Cottonwood Creek Elementary 4th – 5th Grade Category
 First Place Winner:

Nishka Srivastava, Fourth Grade, Amador Elementary
 Second Place Winner:

Nethro Sankar, Fourth Grade, Cottonwood Creek Elementary 6th – 8th Grade Category
 First Place Winner:

Hawley Lowe, Sixth Grade, Valley Christian
The 2022 Dublin Pride Essay Contest winners are:

Best Overall Category
 Grand Prize Winner:

Kashyap Bharadwaj, 9th Grade, Dublin High School
 Classroom Award
Ms. Carmen Chan, Teacher, Dublin High School
K - 1st Grade Category
 First Place Winner:

Jainy Mandaliya, Kindergarten, Dougherty Elementary
 Second Place Winner:

Ekas Singh Sandhu, Kindergarten, Kolb Elementary
2nd – 3rd Grade Category
 First Place Winner:

Riya Vijay, Second Grade, Murray Elementary
 Second Place Winner:

Nishka Poonater, Second Grade, John Green Elementary
4th – 5th Grade Category
 First Place Winner:

Miraya Khemani, Fourth Grade, John Green Elementary
 Second Place Winner:

Gita Singaraju, Fourth Grade, Dougherty Elementary
6th – 8th Grade Category
 First Place Winner:
14

Anay Sharma, Eighth Grade, Fallon Middle School
 Second Place Winner:

Anya Bhatnagar, Sixth Grade, Fallon Middle School
9th – 12th Grade Category
 First Place Winner:

Shiraz Nomani, Eleventh Grade, Dublin High School
 Second Place Winner:

Anika Yu, Tenth Grade, Dublin High School
All winning photographs, posters, and essays from the 2022 contest are posted and available on the City’s website for public viewing.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
15 Dublin Pride Week 2022
40 Years of CommUNITY
City Council Meeting
May 17, 2022
16 Dublin Pride Week
17 “Nature in Our Backyard”
Photography Contest
Grand Prize: Catherine Treyes, “Golden Hour” First Prize: Monique Richardson, “We Sine Together” Second Prize: Amit Srivastava,
“Here to Help”
Third Prize: Shawna S, “Bluebird”
18 Essay Contest
19 Essay Contest Winners
Grand Prize Winner: Kashyap Bharadwaj, 9th Grade, Dublin High School (Classroom Award: Ms. Carmen Chan)
Jainy Mandaiya
Kinder
Dougherty Elem.

Grades K-1 Grades 2-3 Grades 4-5 Grades 6-8
Ekas Singh
Sandhu
Kinder
Kolb Elem.

Riya Vijay
2nd Grade
Murray Elem.

Nishka Poonater
2nd Grade
Green Elem.

Miraya Khemani
4th Grade
Green Elem.

Gita Singaraju
4th Grade
Dougherty Elem.

Anya Bhatnagar
6th Grade
Fallon Middle
Grades 9-12
Anika Yu
10th Grade
Dublin High
Anay Sharma
8th Grade
Fallon Middle
Shiraz Nomani
11th Grade
Dublin High
20 Poster Contest Winners
21 Poster Contest
Grand Prize Winner
Laura Chuck
7th Grade
Fallon Middle School
Classroom Award
Sarah Bastida/Vena Olsen
Fallon Middle School
22 Poster Contest
Grades K-1
Annika Manjunder
1 st Grade
Kolb Elementary School
Kiara Wanchoo
Kindergarten
Amador Elementary School
23 Poster Contest
Grades 2-3
Myra Idnani
3rd Grade
Amador Elementary School
Aashi Kamdar
2nd Grade
Cottonwood Elementary School
24 Poster Contest
Grades 4-5
Nishka Srivastava
4th Grade
Amador Elementary School
Nethra Sanker
4th Grade
Cottonwood Elementary School
25 Poster Contest
Grades 6-8
Hawley Lowe
6th Grade
Valley Christian School
26 Poster Contest Winners
27 Thank You!
28 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Elder Abuse Awareness Month Proclamation
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will present the Elder Abuse Awareness Month proclamation to the Alameda County District Attorney's Office - Elder Protection Unit.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council’s proclamation of June 2022 as Elder Abuse Awareness Month in the City of Dublin reflects the City’s commitment to raising awareness on this issue and support of local service providers such as Alameda County District Attorney’s Office.

The Alameda County District Attorney’s Office and its Elder Protection Unit and Victim Witness Division, in collaboration with the Alameda County Social Services Agency – Adult Protective Services and Ombudsman Services of Alameda, Contra Costa, and Solano Counties, provide a network of services to elders who are in danger of becoming, or who have become, victims of abuse. These services include holding community workshops to promote crime prevention awareness resources, working with Dublin Police Services and other professionals, and prosecuting cases of elder abuse, neglect, and financial exploitation. 29

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Elder Abuse Awareness Month Proclamation
30 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Elder Abuse Awareness Month”
WHEREAS, although the elder population is the largest growing segment in the country, elder abuse is one of the most under-reported crimes in the United States where it is estimated that only one in fourteen cases of elder abuse comes to the attention of Adult Protective Services and/or law enforcement agencies; and
WHEREAS, victims of elder abuse include both men and women of diverse educational, socio-economic, or ethnic backgrounds who have been victimized by strangers and/or by persons they know who may occupy a position of trust; and WHEREAS, two years after the 2020 Coronavirus (COVID-19) pandemic became a concern in the United States, it continues to impact everyone, especially elders, by making fragile living situations more stressful, thereby putting elders more at risk for their physical safety and well-being, making reporting suspected elder abuse, neglect and financial exploitation more difficult, as well as giving those who commit scams an opportunity to morph existing scams and create new scams, to prey upon the concerns and fears of vulnerable members of society in order to obtain their money and property; and WHEREAS, the Dublin Senior Center provides a comprehensive array of services, as well as social and recreational programs to meet the needs of the elder population, thereby enhancing their quality of life and helping them to remain active, healthy, safer, and independent; and WHEREAS, the Alameda County District Attorney’s Office, its Elder Protection Unit and its Victim Witness Division, in collaboration with the Alameda County Social Services Agency – Adult Protective Services and Ombudsman Services of Alameda, Contra Costa and Solano Counties, provide a network of services to elders who are in danger of becoming, or who have become, victims of abuse. These services include holding community workshops to promote crime prevention awareness resources, as well as working with Dublin Police Services and other professionals, and prosecuting cases of elder abuse, neglect, and financial exploitation; and
WHEREAS, the City of Dublin recognizes that both the awareness of elder abuse, neglect and financial exploitation, as well as reporting instances of suspected elder abuse, neglect and financial exploitation, particularly in this stressful time of an ongoing global pandemic, will help keep our elders and community safer.

NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim June 2022 as “Elder Abuse Awareness Month” in the City of Dublin, in recognition of elders being valuable members of our city and having the right to live safely and securely in our community.

DATED: May 17, 2022
Mayor Melissa Hernandez Vice Mayor Jean Josey

Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 31 STAFF REPORT

CITY COUNCIL

Agenda Item 3.3
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Gun Violence Awareness Day and Month Proclamation Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:

The City Council will present the Gun Violence Awareness Day and Month Proclamation to the Moms Demand Action for Gun Sense in America - Livermore Valley Chapter.

STAFF RECOMMENDATION:

Present the proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

National Gun Violence Awareness Day and Month brings attention to gun violence and its impacts, and commemorates the life of Hadiya Pendleton, a 15-year-old who was tragically shot and killed in Chicago in 2013. National Gun Violence Awareness Day is observed annually on the first Friday of June and is marked by citizens wearing orange to pay tribute to Hadiya. Orange is a color that symbolizes the value of human life and to help raise awareness about gun violence. Throughout the month of June, many organizations across California, including Moms Demand Action for Gun Sense in America and throughout the United States will be holding events in recognition of the many who are tragic victims of gun violence.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:
32

The City Council Agenda was posted.

ATTACHMENTS:
1) Gun Violence Awareness Day and Month Proclamation
33 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Gun Violence Awareness Day and Month”
WHEREAS, every day, 100 Americans are killed by gun violence and on average there are nearly 13,000 gun homicides every year.

Americans are 25 times more likely to be killed with guns than people in other high-income countries; and WHEREAS, California has the 45th highest rate of gun deaths in the United States, with over 3,000 gun deaths every year, a rate of 7.6 deaths per 100,000 people; and
WHEREAS, gun violence touches every segment of our society. It increases the probability of deaths in incidents of domestic violence, raises the likelihood of fatalities by those who intend to injure others and among those who attempt suicide, places children and young people at special risk, and disproportionately affects communities of color; and WHEREAS, protecting public safety in the communities they serve is an integral part of public safety in our communities; and WHEREAS, in January 2013, 15-year-old Hadiya Pendleton was tragically shot and killed, and on June 3, 2022, to recognize her 25th birthday, people across the United States will recognize National Gun Violence Awareness Day and wear orange in tribute to Hadiya, other victims of gun violence, and their loved ones; and
WHEREAS, the idea was inspired by a group of Hadiya’s friends, who asked their classmates to commemorate her life by wearing the color orange because hunters wear orange to announce themselves to other hunters when out in the woods, and orange is a color that symbolizes the value of human life.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim June 3, 2022 as “Gun Violence Awareness Day” and June 2022 as “Gun Violence Awareness Month” and encourages citizens in the City of Dublin to join in commemorating Hadiya by wearing orange on June 3, 2022.

DATED: May 17, 2022

Mayor Melissa Hernandez Vice Mayor Jean Josey

Councilmember Sherry Hu Councilmember Shawn Kumagai Councilmember Michael McCorriston 34 STAFF REPORT

CITY COUNCIL

Agenda Item 3.4
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introduction
Prepared by: Sarah Monnastes, Human Resources Director
EXECUTIVE SUMMARY:

New City of Dublin Staff members, Sandra Allen and Baylee Hill, Office Assistant II's with the Dublin Police Department will be introduced.

STAFF RECOMMENDATION:

Welcome the new City of Dublin Staff member.

FINANCIAL IMPACT:

None.

DESCRIPTION:

New City of Dublin Staff members, Sandra Allen and Baylee Hill, Office Assistant II's with the Dublin Police Department will be introduced.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
35 STAFF REPORT

CITY COUNCIL

Agenda Item 4.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the May 3, 2022 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the May 3, 2022 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the May 3, 2022 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) May 3, 2022 Regular City Council Meeting Minutes
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the May 3, 2022 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
36 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: May 3, 2022

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 3, 2022
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings
CLOSED SESSION 5:30 PM
I. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9: 1 case
Facts and circumstances: April 19, 2022 Letter from Rosel Trolan to City Clerk II. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9: 1 case
III. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
IV. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Vice Mayor Josey and Councilmember McCorriston Unrepresented Employee: City Manager
V. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 8,118 square feet of right-of-way adjacent to Dublin Boulevard at the intersection of Inspiration Drive
Agency Negotiator: Linda Smith, City Manager
Negotiating Parties: Valley Christian Center
Under Negotiation: Price and terms of payment
VI. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Portion of Alameda County Assessor’s Parcel No. 941-1560-007-01 (11805 Dublin Blvd)
Agency Negotiator: Linda Smith, City Manager
Negotiating Parties: US Bank National Association
Under Negotiation: Price and terms of payment

REGULAR MEETING
A Regular Meeting of the Dublin City Council was held on Tuesday, May 3, 2022, in the City Council Chamber. The meeting was called to order at 7:00 PM., by Mayor Hernandez.

Attachment 1
37 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 3, 2022
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Jean Josey, Vice Mayor Present
Shawn Kumagai, Councilmember Present
Michael McCorriston, Councilmember Present
Dr. Sherry Hu, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action in Closed Session. 3) ORAL COMMUNICATIONS

3.1) Recognition of Sue Compton, Chief Executive Officer of Axis Community Health
The City Council recognized Sue Compton for her contributions to Dublin and the greater TriValley region as the Chief Executive Officer of Axis Community Health.

3.2) Correctional Workers Week Proclamation
The City Council presented the Correctional Workers Week Proclamation in the City of Dublin to Warden Thahesha Jusino.

3.3) Recognition of Camp Parks’ Sea Cadets Programs
The City Council recognized the cadets of the Rear Admiral C.W. Parks Battalion U.S.

Naval Sea Cadet Corps / Training Ship Pampanito Navy League Cadet Corps.

3.4) Public Comment
No public comment.
4) CONSENT CALENDAR

4.1) Approved the April 19, 2022 Regular City Council Meeting Minutes.

4.2) Received a status update on the City’s Two-Year Strategic Plan.

4.3) Adopted Resolution No. 39 titled, “Finding That There is a Proclaimed State of Emergency; Finding That Meeting in Person Would Present Imminent Risks to the 38 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 3, 2022
Health or Safety of Attendees as a Result of the State of Emergency; and Authorizing Remote Teleconferenced Meetings of the Legislative Bodies of the City of Dublin Pursuant to AB 361.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Vice Mayor
SECOND: Shawn Kumagai, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING

6.1) Proposed Amendment to East Ranch Vesting Tentative Tract Map Conditions of Approval Pursuant to the Housing Accountability Act (PLPA2020-00028) The City Council received a presentation regarding a request from Trumark Companies to modify Condition of Approval Nos. 6 and 7 of Resolution No. 140-21 adopted by the City Council on December 7, 2021, approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit for the East Ranch project and to correspondingly amend the text of Ordinance No. 11-21 that had been incorporated by reference into Resolution No. 140-21. The request was submitted pursuant to the Housing Accountability Act (Government Code Section 65589.5) and proposes to amend these conditions to comply with the objective standards of the City’s Inclusionary Zoning Regulations.

Mayor Hernandez opened the public hearing.

Arunabha Chakma provided public comment.

Norm Lewandowski provided public comment.

Tom Evans provided public comment.

Applicant's Counsel, Cecily Barclay, provided comments.

Mayor Hernandez closed the public hearing.

Motion by Councilmember Kumagai, seconded by Councilmember McCorriston, and unanimously adopted Resolution No. 40-22 titled, “Approving an Amendment to Condition of Approval Nos. 6 and 7 of Resolution No. 140-21 Approving Vesting Tentative Tract Map No. 8563 and a Heritage Tree Removal Permit for the East Ranch Project,” as amended by Staff.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Shawn Kumagai, Councilmember
39 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
May 3, 2022
SECOND: Michael McCorriston, Councilmember
AYES: Hernandez, Josey, Kumagai, McCorriston, Hu
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS

8.1) Business Recovery Playbook
The City Council received a report on the Business Recovery Playbook, a post-pandemic strategic action plan to support Dublin businesses.
9) OTHER BUSINESS
By consensus, the City Council directed Staff to draft a letter in support of State constitutional protections for women’s reproductive rights for the May 17 agenda.

Mayor Hernandez asked for a moment of silence in memory of former San Jose Mayor, U.S.

Representative, and U.S. Secretary of Transportation Norm Mineta and Dublin High School student Christopher Wessley.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:50 p.m. in memory of former San Jose Mayor, U.S.

Representative, and U.S. Secretary of Transportation Norm Mineta and Dublin High School student Christopher Wessley.

Mayor
ATTEST:

City Clerk
40 STAFF REPORT

CITY COUNCIL

Agenda Item 4.2
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay
Prepared by: Jennifer Mendez, Management Analyst I
EXECUTIVE SUMMARY:

The City Council will consider approval of a two-year Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for a variety of sports programs and classes at various City facilities.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services.

FINANCIAL IMPACT:

Under the proposed agreement, the City retains 40% and the contractor receives 60% of fee revenue generated from classes held within City facilities.

DESCRIPTION:

The Parks and Community Services Department regularly engages independent contractors for the delivery of recreational activities and programs to the community. Upon acceptance of a proposal, Staff works with the contractor to determine the specifics of the activity, facility availability, participant minimums and maximums, and participant age ranges. All contractors set their own prices and schedules for their activities or programs.

Squad Estates DBA Skyhawks Tri Valley East Bay has submitted a proposal to provide sports classes and programs for a term beginning July 1, 2022 and ending June 30, 2024. Skyhawks has provided these services to the City of Dublin since 2013, and Staff has received positive feedback from participants of their activities.
41

As the pass-through payments to the contractor will likely exceed the City Manager’s purchasing limit of $45,000, this agreement requires City Council approval.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services
2) Exhibit A to the Resolution - Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services
42 Attachment 1
Reso. No. XX-22, Item X.X, Adopted XX/XX/22 Page 1 of 1 RESOLUTION NO. XX - 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING A CONTRACT INSTRUCTOR SERVICES AGREEMENT WITH SQUAD

ESTATES DBA SKYHAWKS TRI VALLEY EAST BAY FOR RECREATION SERVICES WHEREAS, the Parks and Community Services Department receives and approves proposals from independent contractors who are interested in providing recreational activities or programs to the Dublin community; and
WHEREAS, Staff has reviewed and accepted a proposal from Squad Estates DBA Skyhawks Tri Valley East Bay to provide sport classes and camps through the City of Dublin; and WHEREAS, Staff has negotiated terms with Squad Estates DBA Skyhawks Tri Valley East Bay for an agreement that shall begin on July 1, 2022 and shall end on June 30, 2024.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve a Contract Instructor Services Agreement with Squad Estates DBA Skyhawks Tri Valley East Bay for Recreation Services.

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

PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
City Clerk
43 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 1

AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES
This Agreement for Contract Instructor Services (“Agreement”) is made and entered into as of the1st day of July, 2022 by and between the City of Dublin, a municipal corporation of the State of California ("City") and Squad Estates DBA Skyhawks Tri Valley East Bay (“Contractor”), a sole proprietorship in the State of California (collectively, the “Parties”). In consideration of their mutual covenants, the Parties hereto agree as follows:

1. Scope of Work. The Parties acknowledge that Contractor possesses experience and knowledge of value to the City and, as such, enter into this Agreement for specialized services. Subject to the terms and conditions of this Agreement, the Contractor shall provide the following (“Services”):
[SEE “EXHIBIT A” FOR DESCRIPTION OF SERVICES]

2. Performance of Services. Contractor has the right and power to control how the Services provided under this Agreement will be performed by the Contractor and its employees, agents, or representatives. Contractor shall direct the means, manner, and method by which the Services under this Agreement will be performed, without interference from the City as to the mode of accomplishing or effectuating the performance of Services. Contractor may, at its own expense, retain the services of thirdparties in performing the Services under this Agreement, unless doing so would result in a material breach of any provision contained herein.

3. Payment Terms. For the services described in Section 1 above, the City agrees to pay Contractor 60% of the resident rate of onsite courses for each participant, or, 70% of the resident rate of offsite/virtual courses for each participant, which amount shall include all expenses. Except as specifically authorized by City, Contractor shall not bill City for duplicate services performed by more than one person (reasonable quality control and assurance work as generally recognized as an acceptable practice in this field is expected). Contractor understands that any time a participant requests a refund or credit, that amount will be reduced from the gross revenue on which Contractor’s payment is calculated. Contractor understands and agrees that Contractor will complete and submit a Contract Contractor Course Proposal Form for each session that courses will be offered. Submitting a proposal does not guarantee that the course, program or activity will be added to the City’s public recreation offerings. Session dates may be altered from time to time at the City’s discretion. City, at its sole discretion, will accept or reject Contractor’s proposal and collaborate with Contractor in finalizing a session schedule. When each session schedule is finalized, the City will produce a Schedule Summary. Final Schedule Summaries will be incorporated herein by this reference as if set forth in full.

At the end of each session, the City shall pay Contractor for services rendered. The City will issue payment to Contractor within 30 business days after services are complete. Prior to City processing payment, Contractor shall submit course attendance sheets and completed evaluation forms, if applicable, to the Parks and Community Services Department within five working days upon completion of service.

4. Location of Work. Due to the nature of work and subject to the terms and conditions of this Agreement, the City and Contractor agree that Contractor will provide services and/or class instruction (check all that apply):
† Offsite: At his/her/their own facility, located off-premises from any City-owned facility located at ____________________________________________________________. (Street, City, Zip Code)
_ Onsite: At a City-owned facility.
_ Other: ____________________Virtual_____________________________________. (Please Describe)
Attachment 2
44 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 2

5. Expenses. Except as otherwise specified in this Agreement or mutually agreed upon by the Parties, the Contractor shall be responsible for all the necessary costs and expenses incurred in connection with the performance of the Services under this Agreement. This may include, but is not limited to, supplies, software, subscriptions, working spaces, equipment, operating costs, business costs, licenses, registrations, employment costs, taxes, Social Security contributions / payments, disability insurance, unemployment taxes, and any other cost that is made in connection with the Services provided Contractor.

6. Term. Contractor’s engagement with the City, and the terms and conditions of this Agreement, shall be effective as of July 1st 2022 (“Effective Date”) and shall terminate on June 30th 2024.

7. Termination. This Agreement may be terminated by either Party upon sixty (60) days of prior written notice, or as mutually agreed upon in writing by both Parties. At the time of termination, Contractor agrees to return all the City property in Contractor’s possession including, but not limited to, any documents, materials, and other proprietary information belonging to the City, in both physical and electronic form. The City shall issue a final payment to Contractor for all Services provided and due as of the date of termination.

If either Party materially breaches any term of this Agreement, in addition to any other remedies at law or equity, the other Party may terminate the Agreement if such breach is not cured within ten (10) days after written notice of such breach is given.

In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of City, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, City at any time may terminate the engagement of the Contractor immediately and without written notice to the Contractor.

By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.

8. Relationship of Parties. It is understood by the Parties that, under the code of the Internal Revenue Service (IRS) and applicable law, the Contractor is an independent contractor with respect to the City. Therefore, the Parties agree and acknowledge that neither the Contractor, or any of its employees, subcontractors, volunteers, or agents (collectively, “Representatives”) are employed by the City. Furthermore, at all times during the term of this Agreement, the Contractor and its Representatives shall have no authority, express or implied, to bind the City to any obligation whatsoever.

Notwithstanding any other state or federal law to the contrary, the Contractor and its Representatives shall not qualify for, or become entitled to any compensation, benefit, except as specified in this Agreement, or any incident of employment with the City. In its capacity as an independent contractor, Contractor agrees and represents that:
(i) Contractor has the right to control and direct the means, manner, and method by which the Services required by this Agreement will be performed;
(ii) Contractor maintains all necessary licenses, registrations, permits, and certifications required to perform the Services under this Agreement;
(iii) Contractor sets its own hours and maintains a business location that is separate from the business or work location of the City;
(iv) Contractor is customarily engaged in an independently established business providing the same or similar services as provided by this Agreement; (v) Contractor has the ability to contract with other businesses to provide the same or similar services as provided by this Agreement, without restriction from the City; (vi) Contractor holds itself out to the public as available to provide the same or similar services; (vii) Contractor provides its own tools, equipment, software, programs, and any other supplies necessary to perform the Services;
(viii) Contractor can negotiate its own rates;
(ix) Contractor has the right to hire assistants, retain subcontractors, or utilize employees to provide the services required under this Agreement;
45 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 3
(x) Contractor shall be solely responsible for the payment of payroll taxes and any unemployment compensation on behalf of their employees and personnel; (xi) Contractor shall be responsible for providing all workers’ compensation insurance on behalf of their employees and, if Contractor hires employees to perform any work under this Agreement, Contractor agrees to grant workers’ compensation coverage to the extent required by law.

By initialing below, Contractor agrees and acknowledges that Contractor has reviewed the enumerated list contained in Section 8. Contractor further agrees and acknowledges that everything listed in subsections (i) through (xi) above is true and accurate. _______________
Initial

9. Non-Exclusivity. It is contemplated that the relationship between the Contractor and the City shall be a non-exclusive one. Contractor has the right and ability to perform services for other business entities, organizations, and/or individuals, without restriction from the City, except where matters may arise as to confidentiality and conflicts of interest.

10. Indemnification. Contractor will defend and indemnify the City and its officers, directors, managers, employees, agents, and representatives (“Affiliates”) against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to this Agreement or Contractor’s activities pursuant to this Agreement, including without limitation, Claims related to sexual abuse or molestation, and Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of the City and its Affiliates.

11. Insurance. Where necessary to perform the Services under this Agreement, Contractor, at its sole cost and expense, shall procure and maintain for the duration of the Agreement the types and amounts of insurance listed below against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor and its Representatives. Contractor will obtain and maintain policies of commercial general liability insurance and automobile liability insurance, and worker’s compensation insurance and/or sexual abuse and molestation liability insurance, if applicable, from an insurance company authorized to transact the business of insurance in the State of California. The insurance requirements are as follows:
(i) Commercial General Liability: Insurance plan, at least as broad as Insurance Services Office Form CG 0001 (most recent edition), with an “occurrence” basis, including property damage, bodily injury, personal & advertising injury, and sexual abuse and molestation with limits no less than $1,000,000 per occurrence. (ii) Automobile Liability: Contractor shall maintain a current and valid Automobile Insurance Policy at or above the minimum level required by the State of California for any and all vehicles used to perform the Services under this Agreement. (iii) Workers’ Compensation: Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Proof of workers’ compensation insurance is applicable if Contractor has employees other than self.

If Contractor does not have employees other than self, Contractor shall submit a completed “No Employees Declaration Form” provided by the City. (iv) Sexual Abuse or Molestation (SAM) Liability: If the Commercial General Liability policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence. 46 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 4
The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A-:VII. The City of Dublin and its elected officials, officers, employees, agents, and volunteers must be named as additional insureds on commercial general liability insurance, automobile liability insurance, and sexual abuse or molestation liability insurance, if applicable. Contractor’s insurance coverage will be primary insurance with respect to City and its elected officials, officers, employees, agents, and volunteers.

The insurance policies must include a waiver of all rights of subrogation against the City, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Contractor for the City (including workers’ compensation insurance, if applicable). Any insurance or self-insurance maintained by the City will be in excess of Contractor’s insurance and not contributory with it. Contractor will furnish certificates of insurance and endorsements to City prior to City’s execution of this Agreement. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. If the City does not receive the required insurance documents prior to the Contractor beginning work, it shall not waive the Contractor’s obligation to provide them. The City reserves the right to modify these requirements, and reserves the right to require complete copies of all required insurance policies at any time.

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

13. Mandated Reporting. Contractor recognizes and acknowledges that persons under the age of 18 may participate in classes/activities to be conducted by Contractor pursuant to this Agreement. Contractor further recognizes and acknowledges that if any person under the age of 18 does, in fact, participate in said classes/activities, then Contractor is deemed to be a “Mandated Reporter” pursuant to the California Child Abuse and Neglect Reporting Act (Penal Code §§ 11164-11174.3) (“CANRA”). Concurrently with the execution of this Agreement and pursuant to Penal Code section 11166.5, Contractor has been provided with, and has executed, an Acknowledgement of Mandated Requirements, Receipt of Training, and Receipt of Penal Code Statutes, which acknowledgement shall be maintained by the City during the term of this Agreement.

If the Contractor has employees, subcontractors, volunteers, and agents, and those employees, subcontractors, volunteers, and agents will come into contact with minors on a regular basis, those employees must also follow the Mandated Reporter requirements. Contractors who have employees will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement.

14. TB Test Requirements. If the Services include contact with minors, Contractor shall produce a certificate, issued by a licensed physician or other authorized agency, showing that within the last two years the Contractor has been examined and has been found to be free of communicable tuberculosis (TB). If the Contractor has employees, those employees must also follow the TB requirements set forth in this Agreement. Contractors who have employees, subcontractors, volunteers, and agents will be required to execute an Acknowledgement and Release of Information, which acknowledgement shall be maintained by the City during the term of this Agreement. 47 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 5

15. Fingerprint Requirements. If class/program is open to youth under the age of 18 years, Contractor and any of its employees, subcontractors, volunteers, and agents of the Contractor agrees to fulfill all fingerprint/background checks prior to the first class. Contractor and the Contractor’s employees, subcontractors, volunteers, and agents, if any, are not eligible to work until the clearance is received from the Department of Justice and Contractor has been notified by a Parks & Community Services Department representative.

16. Transporting Participants. Contractor or any of its employees, subcontractors, volunteers, and agents shall not transport any participant in his/her own vehicle. Transportation is the responsibility of the program participant.

17. Mutual Representations and Warranties. Both the City and Contractor represent and warrant that each Party has full power, authority and right to execute and deliver this Agreement, has full power and authority to perform its obligations under this Agreement, and has taken all necessary action to authorize the execution and delivery of this Agreement. No other consents are necessary to enter into or perform this Agreement.

18. No Implied Waiver of Breach. The waiver of performance or 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.

19. Notice. Any notice or other communication given or made to either Party under this Agreement shall be in writing and delivered by hand, sent by certified or registered mail, return receipt requested, to the addresses provided below or to another address as that Party may subsequently designate by notice, and shall be deemed given on the date of delivery.

City Contractor
Linda Smith
City Manager
100 Civic Plaza
Dublin CA 94568
(925) 833-6650
Sergio Parra - Squad Estates
DBA Skyhawks Tri Valley East Bay
1222 136th Avenue
San Leandro CA 94578
(925) 339-6859

20. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

21. Disputes. All disputes arising out of this agreement shall be submitted to final and binding arbitration in accordance with the rules of the American Arbitration Association. The dispute shall be submitted to arbitration in accordance with the laws of the State of California. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction thereof.

22. Governing Law and Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action will 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. The laws of the State of California will govern this Agreement.

23. Integration and Amendments. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral as of the Effective Date. The Parties may amend this Agreement if mutually agreed upon in writing.

SIGNATURES ON THE FOLLOWING PAGE
48 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 6
IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the Effective Date.

CITY OF DUBLIN: CONTRACTOR:

BY: ____________________________________ BY: ____________________________________

SIGNATURE SIGNATURE
____________________________________ ____________________________________

NAME NAME
DATE: __________________________________ DATE: __________________________________ 3629050.1








49 AGREEMENT FOR CONTRACT INSTRUCTOR SERVICES 7

EXHIBIT A
Skyhawks Sports Academy is a franchise youth sports organization that offers nationwide programs for ages 4 – 14 years old. Skyhawks Tri Valley East Bay provides programming in the Tri Valley focusing on the basics and fundamentals of specific sports including: basketball, lacrosse, soccer, golf, track and field, flag football, baseball, and multi-sport classes and camps year round. Classes are taught by coaches who have been trained by professional sport grade curriculums and all programming welcomes players of all skill levels, including beginners and those looking to fine tune their current skills. During Spring and Fall seasons, Skyhawks also offers basketball and soccer clinics in Dublin. All equipment and class materials are provided by Skyhawks so that participants can simply arrive to class ready to engage in fun. 50 STAFF REPORT

CITY COUNCIL
Agenda Item 4.3
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Resolutions Directing Preparation of Annual Engineer’s Reports, Approving Preliminary Engineer’s Reports, and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1 Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will consider directing preparation of the Fiscal Year 2022-23 Engineer’s Reports, approving the preliminary Fiscal Year 2022-23 Engineer's Reports, and scheduling a public hearing date of June 21, 2022 for the five assessment districts.

STAFF RECOMMENDATION:

Take the following actions: 1) Adopt the Resolution Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1; and 2) adopt the Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1.

FINANCIAL IMPACT:

The cost of preparing the Engineer's Reports is included in the annual adopted budget and is paid by each respective assessment district. A summary of revenues, expenditures, and balances of each district is shown in the following table. Revenues and expenditures for each assessment district are tracked separately.
51 SUMMARY OF PRELIMINARY ASSESSMENT DISTRICT
PROJECTED FISCAL YEAR 2022-2023 REVENUES & EXPENDITURES ST. LIGHT
1983-1

STAGECOACH RD

LANDSCAPE
1983-2

DOUGHERTY RD

LANDSCAPE
1986-1

SANTA RITA

LANDSCAPE
1997-1

EAST DUBLIN
ST. LIGHT
1999-1
PROJECTED REVENUE $320,395 $112,241 $198,669 $390,680 $336,937

ESTIMATED
EXPENDITURES $305,399 $78,466 $128,102 $351,313 $262,041

TRANSFER TO CAPITAL
IMPROVEMENT FUND $14,996 $33,775 $70,567 $39,367 $74,896 BALANCE TO RESERVES $0 $0 $0 $0 $0

RESERVES BALANCE

ESTIMATED BEGINNING
BALANCE1
$602,476 $337,959 $100,979 $1,217,805 $465,191

RESERVE TRANSFER TO
OPERATING FUND $0 $0 $0 $0 $0

ESTIMATED INTEREST
AND OTHER INCOME $0 $0 $0 $0 $0

RESERVE TRANSFER

TO CAPITAL

IMPROVEMENT FUND
$14,996 $33,775 $70,567 $39,367 $74,896

TRANSFER OUT FOR
CIP $0 $0 $0 ($195,000) ($42,000)

PROJECTED ENDING

BALANCE FISCAL YEAR
2022-23
$617,472 $371,734 $171,546 $1,062,172 $498,087
1The Fund Balances shown in the table above, represent amounts held for both operating reserves and capital replacement.

DESCRIPTION:

The procedure for establishing annual maintenance assessments is governed by the Landscaping and Lighting Act of 1972, which is State Law codified in the Streets and Highways Code. The procedure requires that the City Council direct preparation of Engineer’s Reports and consider approval of those reports for the City of Dublin’s two street lighting maintenance assessment districts and the three landscaping and lighting districts described below for Fiscal Year 2022-23.

The City Council must also consider setting a public hearing date to hear any protests prior to approving the levy of assessments in each district. Staff proposes the public hearing to be on June 21, 2022, in the City Council Chamber, located at 100 Civic Plaza, Dublin, and remotely via Zoom Communications.
52

The five assessment districts formed under the Landscaping and Lighting Act of 1972 are briefly described below. More detailed information about each district, including a map of the boundary of each district, can be found in Attachments 3 through 7.

Street Lighting Maintenance District 1983-1
This District was established to replace the County Service Area, which had paid maintenance and energy costs for public streetlights within the City of Dublin. The boundary of this assessment district encompasses the entire City, except for the Dublin Ranch area, Tracts 7067, 7586, 8024, 8073, and 8074, and the Boulevard project. The City Council approved formation of this District on August 2, 1983, with the initial assessment in the 1984-1985 tax year.

The maximum assessment allowed under the authorizing documents is $19.34 per unit for residential uses and $106.37 per acre for commercial uses. The maximum assessment has been levied since Fiscal Year 2007-08. There is no provision in the formation documents to increase the per unit levy. As noted in the Engineer’s Report any increase would require the approval of the property owners subject to the assessment.

In past years, the largest expenditure within this District's operating expenses was the annual capital lease payment to Chevron Energy Solutions for a light emitting diode (LED) fixture retrofit project. This project took place in Fiscal Year 2012-13, retrofitting 2,821 streetlights. In Fiscal Year 2016-17, the City Council approved the use of a General Fund reserve to pay the annual capital lease payment; the entire lease balance was subsequently paid off by the General Fund reserve in Fiscal Year 2018-19. Without the debt expenditure, the District can build up reserves and a capital improvement fund balance for future repair and replacement costs of streetlight infrastructure that is at the end of its service life or has been damaged due to automobile accidents.

The proposed assessment amount for Fiscal Year 2022-23 remains the same as Fiscal Year 2021- 22, as shown below.

Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2022-23
Annual
Change
($)
Equivalent Dwelling Unit (EDU) $19.34 $19.34 $0
Commercial Per Acre $106.37 per acre $106.37 per acre $0 Landscaping and Lighting District 1983-2 (Stagecoach Road) This District provides funds for the maintenance of certain landscape improvements in the Dublin Hills Estates and Amador Lakes developments along Stagecoach Road. The District's boundaries include all of Tract 4719 and cover the 150-unit single-family Dublin Hills Estates development and the Amador Lakes development. The City Council approved formation of this District on January 23, 1984, with the initial assessment in the 1985-1986 tax year.

The District is responsible for the maintenance of the Stagecoach Road landscaping and the interior slope landscaping within Tract 4719. The spread of assessments assigns 61.6% of the 53

total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. The Fiscal Year 2022-23 assessments are expected to pay for the ongoing maintenance and utility costs associated with the District. Details of budgeted expenditures can be found within the Fiscal Year 2022-23 Preliminary Engineer’s Report.

The assessment methodology approved in Fiscal Year 2003-04 by property owners in the District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2022-23 is $487.79 per single family residence and $82.48 per multi-family residence. The City can elect to levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures.

The proposed assessment amount for Fiscal Year 2022-23 was increased 9.6% over the Fiscal Year 2021-22 amount to increase the District capital improvement fund (CIF) balance, which will be used to fund repair and replacement of v-ditches and retaining walls within the District.

The proposed assessment amount for Fiscal Year 2022-23 is shown below.

Stagecoach Road Assessments (District 1983-2)
Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2022-23
Annual
Change
($)
Dublin Hills Estate - Single Family
Homes $409.40 $448.60 $39.20
Amador Lakes - Apt/Condominiums $69.25 $75.87 $6.62
Landscaping and Lighting District 1986-1 (Villages at Willow Creek) This District was formed with the initial assessment in the 1987-1988 tax year and encompasses the Villages at Willow Creek development off Dougherty Road and north of Amador Valley Boulevard. The surrounding homes are apartment complexes, condominiums, and the 145-unit single-family development (Ridgecreek).

The work performed by this District includes litter pickup, maintenance of fences, and landscaping along Dougherty Road between Amador Valley Boulevard and Fall Creek Road, along Amador Valley Boulevard between Dougherty Road and Wildwood Road, and along Wildwood Road, Fall Creek Road, Shady Creek Drive, and Willow Creek Drive. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association or property owners for those individual developments. The landscaping along and within the Alamo Creek channel area is not included in the assessment district as it is the responsibility of the Alameda County Flood Control and Water Conservation District (Zone 7). The Fiscal Year 2022-23 assessments are expected to pay for the ongoing maintenance and utility costs associated with the District. Details related to the budgeted expenditures can be found within the Fiscal Year 2022-23 Preliminary Engineer’s Report.

The assessment methodology approved in 2001 by property owners in the District includes an 54

escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and the utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2022-23 is $298.03 per single family residence, $149.02 per multi-family residence, and $1,192.10 for commercial property.

The proposed assessment amount for Fiscal Year 2022-23 was increased 21.4% over the Fiscal Year 2021-22 amount to increase the District CIF balance, which will be used to fund repair and replacement of additional plantings as well as sidewalk repairs within the District. The District CIF balance was also appropriated to a City Capital Improvement Program (CIP) project to remove, replace, and/or repair tubular steel fencing throughout the District.

The proposed assessment amount for Fiscal Year 2022-23 is shown below.

Villages at Willow Creek Assessments (District 1986-1)
Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2022-23
Annual
Change ($)
Single Family Homes $245.51 $298.03 $52.52
Amador Lakes - Apt/Condominiums $122.76 $149.02 $26.25
Commercial $982.04 $1,192.10 $210.06
Landscaping and Lighting District 1997-1 (Santa Rita Area) This District was formed in 1996 at the request of the Alameda County Surplus Property Authority. The initial assessment was levied in Fiscal Year 1997-1998. The area covered by this District is bound by Gleason Drive on the North, Interstate 580 on the South, Arnold Road on the West, and Tassajara Road on the east.

The District maintains portions of roadside landscaping for Dublin Boulevard, Hacienda Drive, Central Parkway, Arnold Road, Tassajara Road (westerly portion), and Gleason Drive. The District also maintains the trail and landscaping along the Tassajara Creek channel. Median landscape maintenance is not included in this District.

As provided in the Engineer’s Report, individual lots in residential subdivisions are assessed based on density. The original Engineer’s Report for this District provided for an initial maximum assessment of $710.00 per acre, which could be increased annually based on the change in the Consumer Price Index as well as actual increases in the cost of utilities. This maximum allowable assessment is updated in the Engineer’s Report on an annual basis. The maximum assessment per acre in the Engineer’s Report for Fiscal Year 2022-23 is $1,588.25 per acre.

Although the assessment district formula establishes a maximum cost that can be levied, based on planned expenditures in the District the proposed assessment amount for Fiscal Year 2022-23 remains the same as Fiscal Year 2021-22, as shown below. The density of the various housing units changes the allocation on a per-acre basis and results in different assessments as shown 55

below.

Santa Rita Area Assessments (District 1997-1)
Property Type
Current
Fiscal
Year
Proposed
Fiscal Year
2022-23
Annual
Change ($)
California Creekside Single‐Family Residential $128.52 $128.52 $0.00 California Brookside Multi‐Family Residential $55.69 $55.69 $0.00 Summer Glen ‐ Richmond American (North) Lots $112.54 $112.54 $0.00 Summer Glen ‐ Richmond American (South) Lots $123.85 $123.85 $0.00 Summer Glen ‐ Kaufman & Broad Lots $172.36 $172.36 $0.00 Summer Glen ‐ Pulte Lots $216.24 $216.24 $0.00
Dublin Greene Tract 7084 Single Family Residential $136.13 $136.13 $0.00 Dublin Greene Tract 7149 Single Family Residential $102.50 $102.50 $0.00 Dublin Greene Tract 7149 Condominiums $53.43 $53.43 $0.00 Other Parcels Including Retail, Office, and Industrial $903.85 $903.85 $0.00 Street Lighting Maintenance District 1999-1 (Dublin Ranch) This District funds the electric energy, maintenance, and repair costs associated with street lighting that has been installed in the Dublin Ranch area and Tracts 7067, 7586, 8024, 8073, and 8074. The City Council approved formation of this District on June 1, 1999, with the initial assessment in the 1999-2000 tax year.

The District also includes a CIF reserve set aside to pay for improvement projects outside the normal operations and maintenance costs, such as painting a portion of the decorative streetlight poles within the District. In addition to pole painting, it is planned that CIF will be used to complete a project to convert the existing decorative lights to more energy-efficient LED lights.

The assessment methodology in the original Engineer’s Report for this District includes an escalation clause that allows for adjustments to the assessment according to the Consumer Price Index and utility cost increases. These factors are updated in the Engineer’s Report on an annual basis. The maximum assessment in the Engineer’s Report for Fiscal Year 2022-23 adjusted by the approved adjustment formula is $64.14 per single family residence and $352.77 per acre for commercial parcels. The City can levy less than the maximum based on reserve funds on hand and the budgeted costs for District expenditures.

The proposed assessment amount for Fiscal Year 2022-23 remains the same as Fiscal Year 2021- 22, as shown below.

Dublin Ranch Street Lighting Assessments (District 1999-1) Property Type Current
Fiscal Year
Proposed
Fiscal Year
2022-23
Annual
Change
($)
56

Equivalent Dwelling Unit (EDU) $38.03 $38.03 $0.00
Commercial Per Acre $209.15 $209.15 $0.00
Upon City Council adoption of the resolution approving the respective preliminary Engineer’s Reports, a public hearing will be held on June 21, 2022 at 7:00 p.m. on the proposed assessments.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Directing Preparation of Annual Engineer's Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986- 1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1
2) Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997- 1, and Street Lighting Maintenance District 1999-1 3) Preliminary Engineer's Report for Street Lighting Maintenance District 1983-1 4) Preliminary Engineer's Report for Landscaping and Lighting District 1983-2 5) Preliminary Engineer's Report for Landscaping and Lighting District 1986-1 6) Preliminary Engineer's Report for Landscaping and Lighting District 1997-1 7) Preliminary Engineer's Report for Street Lighting Maintenance District 1999-1 57 Attachment 1
Reso. No. XX-22, Item X.X, Adopted 05/17/2022 Page 1 of 2 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
DIRECTING PREPARATION OF ANNUAL ENGINEER’S REPORTS FOR STREET LIGHTING MAINTENANCE DISTRICT 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1 WHEREAS, on August 2, 1983, by its Resolution No. 38-83, the City Council ordered the formation of and levied the first assessment within the City of Dublin Street Lighting Maintenance District (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and; and
WHEREAS, on January 23, 1984, by its Resolution No. 11-84, the City Council initiated proceedings, and by Resolution No. 10-84, ordered the formation of City of Dublin Landscape and Lighting District No. 83-2 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on November 10, 1986, by its Resolution No. 128-86, the City Council initiated proceedings, and by Resolution No. 129-86, ordered the formation of City of Dublin Landscape and Lighting District No. 86-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on July 23, 1996, by its Resolution No. 94-96, the City Council initiated proceedings, and by Resolution No. 115-96, ordered the formation of City of Dublin Landscape and Lighting District No. 97-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, on March 16, 1999, by its Resolution No. 37-99, the City Council initiated proceedings, and by Resolution No. 153-99, ordered the formation of City of Dublin Street Lighting Maintenance District No. 99-1 (“the District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (hereinafter, “the Act”); and
WHEREAS, Section 22620 et seq of the Act provides for the levy of annual assessments after formation of the Districts.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby designates the City Engineer, or their designee, as Engineer for purposes of preparing and filing with the Clerk a written report in accordance with Section 22565 et seq of the Act; said Engineer is hereby directed to apportion said assessments in accordance to the benefits received from said improvements by the lots, pieces and parcels of land within the District, and said Engineer is hereby directed to accomplish such preparation and filing forthwith. 58 Reso. No. XX-22, Item X.X, Adopted 05/17/22 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
59 Attachment 2
Reso. No. XX-22, Item X.X, Adopted 05/17/2022 Page 1 of 3 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING THE PRELIMINARY ENGINEER’S REPORTS AND APPOINTING A TIME AND

PLACE FOR HEARING PROTETS FOR STREET LIGHTING MAINTENANCE DISTRICT 1983-1, LANDCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING MAINTENANCE DISTRICT 1999-1
WHEREAS, by its Resolution, directing preparation of annual reports for City of Dublin Street Lighting Maintenance Districts and Landscape and Lighting Districts (the "Districts"), the City Council designated the City Engineer, or their designee, as Engineer of Work and ordered said Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972 (the “Act”); and
WHEREAS, said Engineer of Work has made and filed with the City Clerk preliminary reports in writing as called for in said Resolution and under and pursuant to said Act, which reports have been presented to this Council for consideration; and WHEREAS, the City Council has duly considered said reports and finds that each and every part of said reports is sufficient and that said reports neither require nor should be modified in any respect.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED, PURSUANT TO CHAPTER 3 OF THE ACT, AS FOLLOWS:

Section 1: That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of improvements and maintaining said improvements and of the incidental expenses in connection therewith, as contained in said reports be, and each of them are hereby preliminarily approved and confirmed by the City Council.

Section 2: That the diagrams showing the assessment districts, description of the improvements to be acquired and maintained, and the boundaries and dimensions of the respective lots and parcels of land within said Districts, as contained in said reports be, and it is hereby preliminarily approved and confirmed by the City Council.

Section 3: That the assessment of the total amount of the cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said Districts in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance, and of the expenses incidental thereto, as contained in said reports be, and they are hereby preliminarily approved and confirmed by the City Council.

Section 4: The City Council hereby declares that it is its intention to seek the Annual Levy of the Districts pursuant to the Act, over and including the land within the District boundaries, and to levy and collect assessments on all such land to pay the annual costs of the improvements. The City Council finds that the public’s best interest requires such levy and collection. 60 Reso. No. XX-22, Item X.X, Adopted 05/17/2022 Page 2 of 3 Section 5: The boundaries of the Districts are described as the boundaries previously defined in the formation documents of the original Districts, within the boundaries of the City of Dublin, within the County of Alameda, State of California.

Section 6: The improvements within the Districts may include, operation, maintenance, acquisition and servicing of street lighting, landscaping, and appurtenant facilities within the boundaries of the Districts. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a satisfactory operating condition.

Section 7: For Fiscal Year 2022-2023, the proposed assessments are outlined in the Engineer’s Reports which details any changes or increases in the annual assessment.

Section 8: The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessments for the Districts in accordance with Chapter 3, Section 22626 of the Act.

Section 9: The City Clerk is hereby directed to give notice of said hearing to all property owners in the Districts by causing the publishing of this Resolution once a week in a local newspaper published and circulated in the City, for two consecutive weeks not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution in official posting locations customarily used by the City Council for the posting of notices. Any interested person may file a written protest with the City Clerk prior to the conclusion of the Public Hearing, or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.

Section 10: Notice is hereby given that a Public Hearing on Street Lighting Maintenance District 1983-1, Landscape and Lighting District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1, and these matters will be held by the City Council on Tuesday, June 21, 2022, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chamber, located at 100 Civic Plaza, Dublin, and remotely via Zoom Communications.

Section 11: The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
61 Reso. No. XX-22, Item X.X, Adopted 05/17/2022 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
62 Street Lighting Maintenance
District No. 1983-1
Fiscal Year 2022-23
Preliminary Engineer’s Report
May 17, 2022
ATTACHMENT 3
63 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 7 Part C – Assessment District Diagram ................................ 12 Part D – Method of Apportionment of Assessments............ 14 Part E - Assessment Roll .................................................... 19 ATTACHMENT 3
64 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 29, 2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
65 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 INTRODUCTION 1 SECTION I

INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance Assessment District No. 1983-1 (“District”) to maintain the public street lighting improvements. The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street lighting improvements within the boundaries of the District.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

General Description of the District
The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin and to fund the maintenance and servicing costs for the City’s street lighting system. In Fiscal Year 1995-96, the City of Dublin acquired the PG&E owned streetlights within the District to reduce maintenance costs. The District includes all parcels that were within the County of Alameda Lighting Service Area which includes all parcels within the City except for Dublin Ranch; the Clifton Park development in the western hills; Tracts 7067, 8024, 8073 and 8074; and the Jordan Ranch Development.

A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
66 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 INTRODUCTION 2 The City has determined that the annual assessments originally established for the District were for the maintenance and operation of streetlights within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre‐existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

Summary of District
A summary of the assessments to be levied for each property type are shown in the table below. Based upon the estimated expenditures, a transfer will be contributed to the Capital Improvement Fund Balance for Fiscal Years 2022-23 and 2023-24, which is also reflected in the projected fund balances. However, should expenditures continue to rise to a level that exceeds the annual assessment revenue, a transfer from the Operating Fund Balance will be required in that fiscal year. Should annual transfers be required to cover annual expenditures, the fund balance will be drawn upon and depleted in future years. Should this circumstance occur, this may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District.

Property Type Assessment Rate
Single Family Residential (SFR) $19.34 per Parcel
Condominium $19.34 per Parcel
Duplex, Multi
‐
Family Residential $38.68 per Parcel
Triplex, Multi
‐
Family Residential $58.02 per Parcel
Fourplex, Multi
‐
Family Residential $77.36 per Parcel
Apartments, Multi
‐
Family Residential $116.04 per Parcel
Commercial/Industrial/Institutional $106.37 per Acre
Vacant Commercial/Industrial/Institutional $53.18 per Acre Rural $9.67 per Parcel
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: ASSESSMENTS TO BE LEVIED
Street Lighting Maintenance District No. 1983-1
67 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500
THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1
FISCAL YEAR 2022-23
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 17, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Street Lighting Maintenance District No. 1983-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
68 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
69 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
The District provides for the continued installation, maintenance, and servicing of street lighting improvements within the public right-of-way which provide special benefit to parcels and properties within the District.

As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following:
1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.
2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b) The costs of printing, advertising, and publishing, posting, and mailing of notices;
c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f) Costs associated with any elections held for the approval of a new or increased assessment.

Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. 70 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 PLANS AND SPECIFICATIONS 6 "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 71 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ESTIMATE OF COSTS 7 PART B

ESTIMATE OF COSTS
All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis, using assessment revenues. Since the assessment rate cannot be increased, due to the passage of Proposition 218 in 1996, assessment revenues have not always been sufficient to fund 100% of the annual operations and maintenance costs of street lighting in past years. In years where the revenues were less than the costs to maintain the District improvements, the District transferred funds from the District’s existing fund balances to fund the shortfall in assessment revenues.

Although the District has seen an increase in revenue because of new development, the increases in costs have increased much more quickly than the increase in assessment revenue because of growth.

The proposed cost estimate for the District is shown in Table 2. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses for the next two (2) fiscal years. The summary also shows the estimated fund balance, and the projected contribution/(transfer) that will be required from the fund balance based upon the estimated expenditures and assessment revenue.

Projected cost estimates are also shown for two (2) fiscal years.

The following describes the general services and costs shown in the cost estimate.

District Costs
Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs.

Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract.

California Street Light Association – The cost of Street Light Association dues based on the relative number of streetlights within the District.

Utilities Electricity – The cost of streetlight electrical energy use, including miscellaneous utility charges.

Improvements (Not Building) – The cost of improvements (not building) includes costs associated with the maintenance, construction, and rehabilitation of authorized improvements.
72 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ESTIMATE OF COSTS 8 Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.

District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.

Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.

County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total amount levied.

Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non‐District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The annual fund Reserve Collection/(Transfer) and Capital 73 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ESTIMATE OF COSTS 9 Improvement Fund Collection/(Transfer) are shown under the Fund Balance Information section of the Cost Estimate.

Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2022-23 and 2023-24. 74 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ESTIMATE OF COSTS 10 FY 2022-23
Cost Estimate
Projected
FY 2023-24
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 315,395 $ 315,395
Contributions from Other Revenue Sources $ 5,000 $ 5,500 Total District Revenues1 $ 320,395 $ 320,895

DISTRICT COSTS
Operating Supplies $ 10,000 $ 10,000
Contract with Alameda County $ 88,786 $ 93,225
California Street Light Association $ 1,000 $ 1,000
Utilities - Electricity $ 192,383 $ 198,155
Improvements (Not Building) $ - $ -
Miscellaneous $ - $ -
Legal Notices $ 575 $ 592
District Administration $ 6,655 $ 6,855
Public Works Administration $ - $ -
County Collection Fee $ 6,000 $ 6,180
Total District Costs $ 305,399 $ 316,007

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 5,304
Capital Improvement Fund Collection/(Transfer) $ 14,996 $ (416) Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 14,996 $ 4,888 Balance to Levy $ 315,395 $ 315,395
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate $ 315,395 $ 315,395 Variance above/(below) Maximum Assessment Revenue $ - $ -

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/22 and 7/1/23) $ 152,700 $ 152,700 Reserve Fund Adjustments $ - $ 5,304
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/23 and 6/30/24) $ 152,700 $ 158,003 Beginning CIF Balance (est. 7/1/22 and 7/1/23) $ 449,776 $ 464,772 CIF Adjustment $ 14,996 $ (416)
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending CIF Balance (est. 6/30/23 and 6/30/24) $ 464,772 $ 464,356 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.

Table 2: City of Dublin
Street Lighting Maintenance District No. 1983-1
75 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ESTIMATE OF COSTS 11 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.

Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal years and thereafter as funds allow.

Citywide Streetlight Replacement: As needed replacement of streetlights that are at the end of their service life or that have been damaged due to automobile accidents.
76 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ASSESSMENT DIAGRAM 12 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 77 City of Dublin
Street Lighting Maintenance District No. 1983-1
Assessment Diagram
Prepared by Francisco & Associates, Inc.

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! LLAD 1983-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-1
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78 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 METHOD OF APPORTIONMENT 14 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public 79 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 METHOD OF APPORTIONMENT 15 access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

Special Benefits — The method of apportionment (method of assessment) outlined herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties as enhanced by the presence of public lighting near those properties.

The special benefits conferred on property from street lighting and other public lighting facilities includes the convenience, safety, and security of property, improvements, and goods. Specifically:
1) Enhanced deterrence of crime and the aid to police protection. 2) Increased nighttime safety on roads, streets, and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property.
5) Reduced vandalism and other criminal acts and damage to improvements or property.
6) Improved traffic circulation and reduced nighttime accidents and personal property loss.

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.

All the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
80 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 METHOD OF APPORTIONMENT 16 4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcels, of which these "sliver" parcels are a part, are assessed at the residential rate Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 Equivalent Dwelling Unit (EDU) since it represented more than 73% of the total parcels within the District.

EDU’s are assigned to the other land uses based upon the property’s development status, type of development (County of Alameda land use code) and property size as shown in the table below. Parcels determined to be vacant will be assessed at a reduced rate of 50%, by multiplying the parcel’s assigned EDU factor by 0.5 (or 50%).

Single-Family Residential (SFR) — (County land use 1x) this land use identifies properties that are developed for single family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e., Equivalent Dwelling Unit “EDU”). This land use classification may include, but is not limited to, lots or parcels identified as single family residential homes, planned development (tract or townhouse type), and modular/manufactured single family residential units.

Condominium Unit — (County land use 73) this land use identifies properties that are subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit.

Property Type Assessment Rate
Single Family Residential (SFR) $19.34 per Parcel
Condominium $19.34 per Parcel
Duplex, Multi‐Family Residential $38.68 per Parcel
Triplex, Multi‐Family Residential $58.02 per Parcel
Fourplex, Multi‐Family Residential $77.36 per Parcel
Apartments, Multi‐Family Residential $116.04 per Parcel Commercial/Industrial/Institutional $106.37 per Acre
Vacant Commercial/Industrial/Institutional $53.18 per Acre Rural $9.67 per Parcel
Exempt, Cemeteries, Common Open Space $0 per Parcel
TABLE 1: ASSESSMENTS TO BE LEVIED
Street Lighting Maintenance District No. 1983-1
81 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 METHOD OF APPORTIONMENT 17 Duplex, Multi-Family Residential — (County land use 22) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of

2.00 EDU per parcel. This land use classification includes double or duplex units.

Triplex, Multi-Family Residential — (County land use 23) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of

3.00 EDU per parcel. This land use classification includes triplex units; or double or duplex units together with a single-family home.

Fourplex, Multi-Family Residential — (County land use 24) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of

4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single-family home, two doubles or duplexes, or a combination thereof.

Apartment Complex, Multi-Family Residential — (County land use 7x, except 73) This land use identifies properties that are developed for multi-family residential use of five (5) or more units and are assigned a factor of 6.00 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperatives, restricted income properties, fraternities, sororities, church homes, multiple residential (5 or more units), and residential high-rise (7 or more units).

Commercial — (County land use 3x, 8x, 9x) this land use identifies properties that are considered improved for commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages, service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, or supermarkets.

Industrial — (County land use 4x) this land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution terminals, wrecking yards, and miscellaneous industrial.

Institutional — (County land use 6x, except 65) this land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre.

This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institutional property, improved governmentowned property, low income housing (secured P.I.’s only), golf courses, private schools, churches, lodge-halls, clubhouses, and other institutional properties.

Rural Property — (County land use 5x) this land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as rural residential 82 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 METHOD OF APPORTIONMENT 18 home sites, one or more mobile homes on rural home sites, rural property with significant commercial or industrial use, property used for agriculture (more than 10 acres), rural land in transition to higher land use classification, and rural land under non-renewal of the Williamson Act.

Exempt Property, Cemeteries & Common Open Space — (County land use 0, 03-05, 65) this land use identifies properties that are exempt from assessment and are assigned

0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies; property leased or owned by public utilities, cemeteries, and planned development common areas.
83 CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 FY 2022-23 ASSESSMENT ROLL 19 PART E

ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2022-23.

Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
84 Landscape & Lighting
District No. 1983-2
Fiscal Year 2022-23
Preliminary Engineer’s Report
May 17, 2022
ATTACHMENT 4
85 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Cost...................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of Apportionment of Assessments............13 Part E - Assessment Roll .................................................... 18 ATTACHMENT 4
86 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1983-2
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 29, 2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
87 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 INTRODUCTION 1 SECTION I

INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Landscape and Lighting Assessment District No. 1983-2 (“District”) to maintain the landscaping and irrigation improvements within the District.

The assessments and methods of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

General Description of the District
The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street landscaping within Tract 4719. The District originally included the maintenance of Stagecoach Park and the landscaping along Stagecoach Road north of the City Limit; however, those improvements are no longer funded by the District. Currently, the District includes only the roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development.

The maintenance cost of Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District.

A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).

All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.

Pursuant to Article XIIID Section 5, certain existing assessments were exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.” 88 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 INTRODUCTION 2 The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscaping within the public street rights-of-way or public easements.

However, in 2003/2004, the City conducted a public hearing that included a mailed ballot to all the property owners in this District proposing an increased assessment to maintain and replace certain landscaping improvements. In accordance with the requirements of Proposition 218, the property owners approved a 10% increase in assessment rates and the addition of an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities.

Any future increase in the assessment rate more than the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID.

Summary of District
A summary of the assessments to be levied in Fiscal Year 2022-23 for each property type is shown in the table below.

Property Type Assessment Rate
Single Family Residential (SFR) $448.60 per Parcel
Multi Family Residential (MFR) $75.87 per Parcel/Unit
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1983-2
89 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1983-2
FISCAL YEAR 2022-23
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 3, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1983-2 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin. 90 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference. 91 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and servicing of the landscaping and irrigation improvements within the public right-of-way and public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. In addition, the District also provides for the maintenance of the slopes, including landscaping and irrigation, within the public right-of-way for the slope areas along the rear of Lots 80 through 86, and 37 through 48 within Tract 4719.

As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1) The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements;
g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b. The costs of printing, advertising, and the publishing, posting, and mailing of notices;
c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; 92 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 PLANS AND SPECIFICATIONS 6 e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f. Costs associated with any elections held for the approval of a new or increased assessment.

Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 93 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ESTIMATE OF COSTS 7 PART B

ESTIMATE OF COSTS
All landscape and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

The following describes the general services and costs shown in the cost estimate.

District Costs
Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District.

Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District.

Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District.

Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.

District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.

Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
94 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ESTIMATE OF COSTS 8 County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.

Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate.

Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2022-23 and 2023-24. 95 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ESTIMATE OF COSTS 9 FY 2022-23
Cost Estimate
Projected
FY 2023-24
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 109,241 $ 111,425
Contributions from Other Revenue Sources $ 3,000 $ 3,300 Total District Revenues1 $ 112,241 $ 114,725

DISTRICT COSTS
Maintenance - Landscape (MCE) $ 42,772 $ 43,803
Utilities - Water $ 28,308 $ 29,723
Utilities - Electricity $ 1,638 $ 1,720
Miscellaneous Expenses $ - $ -
Legal Notices $ 575 $ 592
District Administration $ 3,410 $ 3,512
Public Works Administration $ - $ -
County Collection Fee $ 1,763 $ 1,816
Total District Costs $ 78,466 $ 81,166

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 1,350
Capital Improvement Fund (CIF) Collection/(Transfer) $ 33,775 $ 32,209 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 33,775 $ 33,559 Balance to Levy $ 109,241 $ 111,425
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate2 $ 118,778 $ 121,154 Variance above/(below) Maximum Assessment Revenue $ (9,538) $ (9,729)

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/22 and 7/1/23) $ 39,233 $ 39,233 Reserve Fund Adjustments $ - $ 1,350
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/23 and 6/30/24) $ 39,233 $ 40,583 Beginning CIF Balance (est. 7/1/22 and 7/1/23) $ 298,726 $ 332,501 CIF Adjustment $ 33,775 $ 32,209
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending CIF Balance (est. 6/30/23 and 6/30/24) $ 332,501 $ 364,709 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2023/24 was estimated to be equal to the FY 2022/23 Maximum Assessment Revenues and escalated by 2%.

Table 2: City of Dublin
Landscape & Lighting District No. 1983-2
96 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.

Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal years and thereafter as funds allow.

General Improvements: The City has identified the need for minor retaining wall repairs, additional irrigation and planting, as well as repairs to V-ditches, which fall outside the scope of the regular maintenance budget for the District. Repairs will be addressed based upon need and available fund balance in the upcoming two-year cycle.
97 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ASSESSMENT DIAGRAM 11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 98 City of Dublin
Landscape and Lighting District No. 1983-2
Assessment Diagram
Prepared by Francisco & Associates, Inc.

Stagecoach Rd
Quartz Cir
Turquoise St
Coral Wy
Topaz Cir
Jade Cir
Amador Valley Blvd
Village Pkwy
Iron Horse Regional Trail
Legend
LLAD 1983-2 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-2
0 350 700 1,400
Feet
N:\Dublin\FY18-19\Diagrams\LLAD1983-2_Assessment Diagram (SA 01/24/2018) 99 CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 METHOD OF APPORTIONMENT 13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 100

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 METHOD OF APPORTIONMENT 14 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping near those properties.

The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas.
7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
101

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 METHOD OF APPORTIONMENT 15 1) Publicly owned parcels that are reserved as public open space or are developed as City Parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.

Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated as follows:
• Sixty-one and six tenths’ percent (61.6%) spread equally to the 150 single family homes of Dublin Estates; and
• Thirty-eight and four tenths’ percent (38.4%) spread equally among the 553 apartments/condominiums of Amador Lakes Complex.

Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2003-04, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.

The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco Oakland San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).

In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination 102

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 METHOD OF APPORTIONMENT 16 of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2022-23.

The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2022-23 was determined based on the difference using the annual amount for calendar years 2021 and 2020. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2022-23.
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 METHOD OF APPORTIONMENT 17 If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.

CPI for 2020 Calendar Year1 292.601
CPI for 2021 Calendar Year1 304.602
% Change in CPI - Increase 4.10%
FY 2021/22 Maximum Rate per SFR - CPI Rate $322.53
FY 2021/22 Maximum Rate per MFR - CPI Rate $54.54
FY 2022/23 Maximum Rate per SFR - CPI Rate $335.76
FY 2022/23 Maximum Rate per MFR - CPI Rate $56.77
Prior Year Maximum Utility Budget2 $37,020
Utility Budget for FY 2022/23 $29,946
% Change in Utilities Rate - Increase3 0.000%
FY 2021/22 Maximum Rate per SFR - Utility Rate $152.03
FY 2021/22 Maximum Rate per MFR - Utility Rate $25.71
FY 2022/23 Maximum Rate per SFR - Utility Rate $152.03
FY 2022/23 Maximum Rate per MFR - Utility Rate $25.71
FY 2021/22 Maximum Assessment Rate per SFR $474.56
FY 2021/22 Maximum Assessment Rate per MFR $80.24
FY 2022/23 Maximum Assessment Rate per SFR4 $487.79
FY 2022/23 Maximum Assessment Rate per MFR4 $82.48
1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2020/21 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the FY 2021/22 and FY 2022/23 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2021/22 Maximum CPI Rate + Maximum Utility Rate.

TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape & Lighting District No. 1983-2
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 FY 2022-23 ASSESSMENT ROLL 18 PART E

ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2022-23.

Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
105
Landscape & Lighting
District No. 1986-1
Fiscal Year 2022-23
Preliminary Engineer’s Report
May 17, 2022
ATTACHMENT 5
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Costs .................................................... 6 Part C – Assessment District Diagram ................................ 10 Part D – Method of Apportionment of Assessments............ 12 Part E - Assessment Roll .................................................... 17 ATTACHMENT 5
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1986-1
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 29, 2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 INTRODUCTION 1 SECTION I

INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within Landscape and Lighting District No. 1986-1 (“District”) to maintain the improvements within the Villages in the Willow Creek area.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

General Description of the District
The District was initially formed in 1986 to provide a dedicated source of funding for the ongoing maintenance of landscaping, including fencing and sound walls, along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single-family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association(s) or property owner(s) for those individual developments.

A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.

In Fiscal Year 2001-02, the assessments in the District were increased by 54% with the approval of property owners in compliance with the requirements of Proposition 218. The increase in the assessment rate was required as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The property owners also approved an escalation clause for future years that allows the assessment to increase according to the annual percentage change of the Consumer Price Index and the utility cost to increase according to the actual cost of utilities. 109

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 INTRODUCTION 2 Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

Summary of District
A summary of the assessments to be levied in Fiscal Year 2022-23 for each property type is shown in the table below.

Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel $298.03 per Parcel Multi Family Residential (MFR) 0.50 per Unit $149.02 per Unit Commercial 4.00 per Parcel $1,192.10 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel Assessment Rate
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1986-1
110

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500
THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1986-1
FISCAL YEAR 2022-23
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 17, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1986-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report.

The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
112

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and servicing of landscaping, including fencing and sound-walls within the public rights-of-way and within public easements within private streets, which provide special benefit to parcels and properties within the District. The specific improvements maintained by the District include:
a. The median and roadside landscaping along the north side of Willow Creek Drive. b. Roadside landscaping along Shady Creek Drive within Lots 1, 2, 3, 4, 5, 6, 15, 16, 37, 38, and south of Lot 145, all within Tract 5511.
c. Roadside landscaping, wall, fence, and pathway improvements along the west side of Dougherty Road, between Amador Valley Boulevard and the northerly City limit, and along the north side of Amador Valley Boulevard, between Dougherty Road and Wildwood Road.
d. Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road.
e. Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150.
f. Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road.
g. Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way.

Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 113

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ESTIMATE OF COSTS 6 PART B

ESTIMATE OF COSTS
All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

The following describes the general services and costs shown in the cost estimate.

District Costs
Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District.

Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District.

Utilities Electricity – The cost of electricity for maintenance of landscape and powering of irrigation systems within the District.

Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.

District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.

Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.

County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.
114

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ESTIMATE OF COSTS 7 Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non‐District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the Cost Estimate.

Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within District are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2022-23 and 2023-24. 115

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ESTIMATE OF COSTS 8 FY 2022-23
Cost Estimate
Projected
FY 2023-24
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 194,169 $ 198,052
Contributions from Other Revenue Sources $ 4,500 $ 4,950 Total District Revenues1 $ 198,669 $ 203,002

DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) $ 45,768 $ 45,981 Maintenance - Landscape (MCA Additional) $ - $ -
Utilities - Water $ 73,143 $ 76,800
Utilities - Electricity $ 2,356 $ 2,474
Miscellaneous Expenses $ - $ -
Legal Notices $ 575 $ 592
District Administration $ 3,410 $ 3,512
Public Works Administration $ - $ -
County Collection Fee $ 2,850 $ 2,936
Total District Costs $ 128,102 $ 132,295

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 2,097
Capital Improvement Fund (CIF) Collection/(Transfer) $ 70,567 $ 68,611 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 70,567 $ 70,707 Balance to Levy $ 194,169 $ 198,052
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate2 $ 194,169 $ 198,052 Variance above/(below) Maximum Assessment Revenue $ - $ -

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/22 and 7/1/23) $ 64,051 $ 64,051 Reserve Fund Adjustments $ - $ 2,097
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/23 and 6/30/24) $ 64,051 $ 66,148 Beginning CIF Balance (est. 7/1/22 and 7/1/23)3 $ 36,928 $ 107,495 CIF Adjustment $ 70,567 $ 68,610
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending CIF Balance (est. 6/30/23 and 6/30/24)3 $ 107,495 $ 176,105 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2023/24 was estimated to be equal to the FY 2022/23 Maximum Assessment Revenues and escalated by 2%.
3 The City is planning to utilize the CIF Balance to contribute towards the cost for future fencing projects throughout the District.

Table 2: City of Dublin
Landscape & Lighting District No. 1986-1
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ESTIMATE OF COSTS 9 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.

Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal year and thereafter.

General Improvements: The City has identified the need for additional plantings, as well as sidewalk repairs, which fall outside of the regular maintenance budget for this District. Repairs will be addressed based upon need and available fund balance in the upcoming two-year cycle.

Alamo Creek Park and Assessment District - Fence Replacement: The City has identified the need to remove, replace, and/or repair tubular steel fencing throughout the District and around and within Alamo Creek Park. The projects costs associated with Alamo Creek Park fencing is not funded by the District, but is funded by the City’s General Fund. District funding for the project is currently $400,000. 117

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ASSESSMENT DIAGRAM 10 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 118
City of Dublin
Landscape and Lighting District No. 1986-1
Assessment Diagram
Prepared by Francisco & Associates, Inc.

Willow Dreek Dr DOugherty Rd
Amador Valley Blvd
Fall Creek Rd
0 325 650 1,300
Feet
N:\Dublin\FY18-19\Diagrams\LLAD1986-1_Assessment Diagram (SA 04/17/2018) Legend
LLAD 1986-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1986-1
119

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 METHOD OF APPORTIONMENT 12 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 120

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 METHOD OF APPORTIONMENT 13 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties is enhanced by the presence of well-maintained landscaping near those properties.

The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas.
7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel.
121

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 METHOD OF APPORTIONMENT 14 Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated on the basis of a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 EDU.

EDU’s are assigned to the other land uses based upon the property’s development status, and type of development (County of Alameda land use code) as shown in the table below.

Single-Family Residential (SFR) — (County land use 1x) This land use identifies properties that are developed for single-family residential use and are assigned a factor of

1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against using EDUs.

Multi-Family Residential — This land use identifies properties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit.

Commercial — This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel/lot.

Common Open Space, Cemeteries & Other Exempt Property — This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU.

The following formulas are used to calculate each property’s assessment:

Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount
Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel
Multi Family Residential (MFR) 0.50 per Unit
Commercial 4.00 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel
TABLE 3: ASSESSMENT METHODOLOGY
Landscape & Lighting District No. 1986-1
122

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 METHOD OF APPORTIONMENT 15 Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2001-02, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.

The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San FranciscoOakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).

In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2022-23.

The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements.

Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2022-23 was determined based on the difference using the annual amount for calendar years 2021 and 2020. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2022-23.
123

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 METHOD OF APPORTIONMENT 16 If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.

CPI for 2020 Calendar Year1 292.601
CPI for 2021 Calendar Year1 304.602
% Change in CPI - Increase 4.10%
FY 2021/22 Maximum Rate per EDU - CPI Rate $163.61
FY 2022/23 Maximum Rate per EDU - CPI Rate $170.32
Prior Year Maximum Utility Budget2 $83,200
Utility Budget for FY 2022/23 $75,499
% Change in Utility Rate - Increase3 0.000%
FY 2021/22 Maximum Rate per EDU - Utility Rate $127.71
FY 2022/23 Maximum Rate per EDU - Utility Rate $127.71
FY 2021/22 Maximum Assessment Rate per EDU $291.32
FY 2022/23 Maximum Assessment Rate per EDU4 $298.03
1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2017/18 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the FY 2021/22 and FY 2022/23 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2022/23 Maximum CPI Rate + Maximum Utility Rate.

TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape & Lighting District No. 1986-1
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CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 FY 2022-23 ASSESSMENT ROLL 17 PART E

ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2022-23.

Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
125
Landscape & Lighting
District No. 1997-1
Fiscal Year 2022-23
Preliminary Engineer’s Report
May 17, 2022
ATTACHMENT 6
126

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Costs .................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of Apportionment of Assessments............ 13 Part E - Assessment Roll .................................................... 19 ATTACHMENT 6
127

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code.

The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 29, 2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
128

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 INTRODUCTION 1 SECTION I

INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Landscape and Lighting District No. 1997-1 (“District”) to maintain the landscaping and irrigation improvements within the Santa Rita area.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

General Description of the District
The District was formed to fund street landscape maintenance and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 422 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included within this report.

A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).

All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.

In accordance with the requirements of Proposition 218, the property owners approved a formula for increasing assessments in succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities.

Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID. 129

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 INTRODUCTION 2 Summary of District
A summary of the assessments to be levied in Fiscal Year 2022-23 for each property type is shown in the table below.

Development/Property Type Assessment Rate
California Creekside Single
‐
Family Residential (SFR) $128.52 per Parcel
California Brookside Multi
‐
Family Residential (MFR) $55.69 per Unit
Summer Glen
‐
Richmond American (North) Lots $112.54 per Parcel
Summer Glen
‐
Richmond American (South) Lots $123.85 per Parcel
Summer Glen
‐
Kaufman & Broad Lots $172.36 per Parcel
Summer Glen
‐
Pulte Lots $216.24 per Parcel
Dublin Greene Tract 7084 Single Family Residential $136.13 per Parcel Dublin Greene Tract 7149 Single Family Residential $102.50 per Parcel Dublin Greene Tract 7149 Condominiums $53.43 per Unit
Other Parcels Including Retail, Office, and Industrial1 $903.85 per Acre 1 Other Parcels includes all other land uses including commercial, retail, office, industrial, and all other parcels that do not fall into one of the developments/property types referenced above.

TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1997-1
130

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500
THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1
FISCAL YEAR 2022-23
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 17, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1997-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith. The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements to be apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report.

The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and servicing of the landscaping and open space areas within the following areas:

1. Portions of the northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road.

2. The northerly and southerly street frontages for Central Parkway from Hacienda Drive to Tassajara Road, excluding the elementary school and Emerald Glen Park frontage landscaping.

3. The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Creek.

4. The easterly street frontage for Arnold Road, from Central Parkway to Gleason Drive.

5. The easterly street frontage for Hacienda Drive from Summer Glen Drive to Gleason Drive, and westerly street frontage for Hacienda Drive from Central Parkway to Gleason Drive.

6. Tassajara Creek and trail, from I-580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986-1-1-10).

7. Street median landscaping is not part of this District.

As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following:

1. The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities.

2. The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.

3. The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f. Electric current or energy, gas, or other agent for the lighting or operation of 133

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 PLANS AND SPECIFICATIONS 6 any other improvements;
g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

4. Incidental expenses associated with the improvements including, but not limited to:
a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b. The costs of printing, advertising, and the publishing, posting, and mailing of notices;
c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f. Costs associated with any elections held for the approval of a new or increased assessment.

Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 134

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ESTIMATE OF COSTS 7 PART B

ESTIMATE OF COSTS
All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

The following describes the general services and costs shown in the cost estimate.

District Costs
Maintenance Landscape – The cost of maintenance and repair of landscaping and open space areas.

Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems.

Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District.

Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.

District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.

Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.

County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ESTIMATE OF COSTS 8 Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non‐District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for capital improvements are clearly identified under the Fund Balance Information section of the Cost estimate.

Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2022-23 and 2023-24. 136

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ESTIMATE OF COSTS 9 FY 2022-23
Cost Estimate
Projected
FY 2023-24
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 380,680 $ 388,294
Contributions from Other Revenue Sources $ 10,000 $ 11,000 Total District Revenues1 $ 390,680 $ 399,294

DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) $ 209,753 $ 213,377 Maintenance - Landscape (MCE Additional) $ - $ -
Utilities - Water $ 115,920 $ 121,716
Utilities - Electricity $ 655 $ 688
Miscellaneous Expenses $ 14,000 $ 14,000
Legal Notices $ 575 $ 592
District Administration $ 3,410 $ 3,512
Public Works Administration $ - $ -
County Collection Fee $ 7,000 $ 7,210
Total District Costs $ 351,313 $ 361,095

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 4,891
Capital Improvement Fund (CIF) Collection/(Transfer) $ 39,367 $ 33,308 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 39,367 $ 38,199 Balance to Levy $ 380,680 $ 388,294
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate2 $ 668,937 $ 682,315 Variance above/(below) Maximum Assessment Revenue $ (288,257) $ (294,022)

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/22 and 7/1/23) $ 175,657 $ 175,657 Reserve Fund Adjustment $ - $ 4,891
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/23 and 6/30/24) $ 175,657 $ 180,548 Beginning CIF Balance (est. 7/1/22 and 7/1/23) $ 1,042,148 $ 886,514 CIF Adjustment $ 39,367 $ 33,308
Transfer Out For CIP $ (195,000) $ -
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending CIF Balance (est. 6/30/23 and 6/30/24) $ 886,514 $ 919,822 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2023/24 was estimated to be equal to the FY 2022/23 Maximum Assessment Revenues and escalated by 2%.

Table 2: City of Dublin
Landscape & Lighting District No. 1997-1
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.

Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal year and thereafter.

General Improvements: The City has identified the need for minor sound wall repairs, as well as pavement/trail repairs at Tassajara Creek, which are outside of the scope of the regular maintenance budget for this District. Repairs will be addressed based upon the need and available fund balance in the upcoming twoyear cycle.

Persimmon Drive Asphalt Path Rehabilitation: The City has identified the need for rehabilitation of the asphalt trail adjacent to Persimmon Drive. 138

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ASSESSMENT DIAGRAM 11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 139
City of Dublin
Landscape and Lighting District No. 1997-1
Assessment Diagram
Prepared by Francisco & Associates, Inc.

N:\Dublin\FY18-19\Diagrams\LLAD1997-1_Assessment Diagram (SA 04/17/2018) Legend
LLAD 1997-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1997-1
Dublin Blvd
Central Pkwy
Hacienda Dr
Arnold Rd
Tassajara Rd
Gleason Dr
600 300 0 600 1,200
Feet 140

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.” Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 141

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 14 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well‐maintained landscaping in close proximity to those properties.

The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas.
7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation, and attenuating noise.

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 15 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel.

Assessment Methodology
The initial Engineer’s Report provided for a maximum assessment of $710 per developed acre, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property anticipated at the time of formation for build-out of all property within the District.

The cost of the improvements was divided equally among the total number of developed properties within the boundaries of the District on a per acre basis. “Developed acres” shall include property having a recorded final map or parcel map as of July 1st of each year.

The following formulas are used to calculate each property’s assessment:

1. Cost of maintenance of installed improvements (“M”).

2. Total amount of developed acres (“A”).

3. The annual assessment for the developed acres for that year (“M”) shall be spread on a per-acre basis (“M” ÷ “A”) based on the following:
a. Commercial, retail, office, industrial, and all other parcel classifications not referenced herein’ developed area, per acre basis.
b. Single-family residential area, per acre basis.
c. Multi-family residential area, per acre basis.

4. The single-family and multi-family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each development.

5. If the initial assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount.

6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the San Francisco-Oakland-San Jose Area Consumer Price Index for “All Urban Consumers and Clerical Workers” (applies to all costs except water and electricity), plus any budgeted increase in the cost for water and electricity.

7. If the square footage cost of the improvements will be less than the amount set forth herein (after adjustment), the assessment shall be reduced proportionately to reflect the reduced cost of improvements in that year.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 16 Rate Classifications
Single and Multi-family residential subdivisions within the District will be assigned a rate on a per lot basis. To determine the assessment per lot, the number of acres within the subdivision will be divided by the number of lots within the subdivision.

Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per acre figure of $903.85 multiplied by the number of acres per individual lot for Fiscal Year 2022-23.

Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. As at the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.

The maximum assessment amount for each development/property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).

In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.

The Index is to be applied annually to the prior year’s maximum CPI Rate for each development/property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each development/property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each development/property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2022-23.

The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is 144

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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 17 allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2022-23 was determined based on the difference using the annual amount for calendar years 2021 and 2020. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2022-23.

If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and CPI for 2020 Calendar Year1 292.601
CPI for 2021 Calendar Year1 304.602
% Change in CPI - Increase 4.10%
FY 2021/22 Maximum Rate per Acre - CPI Rate $1,257.66
FY 2022/23 Maximum Rate per Acre - CPI Rate $1,309.24
Prior Year Maximum Utility Budget2 $114,179
Utility Budget for FY 2022/23 $116,575
% Change in Utilities Rate - Increase3 2.098%
FY 2021/22 Maximum Rate per Acre - Utility Rate $273.27 FY 2022/23 Maximum Rate per Acre - Utility Rate $279.01 FY 2021/22 Maximum Assessment Rate per Acre $1,530.93
FY 2022/23 Maximum Assessment Rate per Acre4 $1,588.25
1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2014/15 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the Prior Year Utility Budget and the Current Year Utility Budget. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2022/23 Maximum CPI Rate + Maximum Utility Rate.

TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape & Lighting District No. 1997-1
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 METHOD OF APPORTIONMENT 18 assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 FY 2022-23 ASSESSMENT ROLL 19 PART E

ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2022-23.

Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
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Street Lighting
District No. 1999-1
Fiscal Year 2022-23
Preliminary Engineer’s Report
May 17, 2022
ATTACHMENT 7
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STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 TABLE OF CONTENTS i
Table of Contents
Page No.

Certificate......................................................................................... ii Section I - Introduction..................................................................... 1 Section II – Engineer’s Report ......................................................... 3 Part A – Plans and Specifications ......................................... 5 Part B – Estimate of Costs .................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of Apportionment of Assessments............ 13 Part E - Assessment Roll .................................................... 18 ATTACHMENT 7
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1999-1
FISCAL YEAR 2022-23
The undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code.

The undersigned certifies that he is a Professional Engineer, registered in the State of California.

Dated: April 29, 2022 By:

Eduardo Espinoza, P.E.

RCE # 83709
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STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 INTRODUCTION 1 SECTION I

INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Street Lighting Maintenance District No. 1999‐1 (“District”) to maintain the public street lighting improvements within the District.

The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

General Description of the District
The District was initially formed in 1999 to provide a dedicated source of funding for the ongoing maintenance of public street lighting improvements within the boundaries of the Dublin Ranch development (excluding the golf course). Tract 7067, which is the Clifton Park development off Mountain Rose Place in the western hills of the City was annexed to the District in 2000, and Dublin Ranch Areas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including areas B, C, F and H were annexed to the District in December 2005. Fallon Village (Tract 7586) was annexed to the District in 2007, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011. One reason for the formation of the District was that a special decorative lighting fixture was designed and installed throughout the area to create a community element as part of the development. A Diagram showing the exterior boundaries of the District is provided within this Report.

A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).

All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.

The formation of this District was initiated by petition from the developer, and the City has determined it is compliant with the substantive and procedural requirements of Proposition 218 and the 1972 Act. At the time the District was formed, the property owners agreed to the inclusion of a formula for increasing assessments for each fiscal year to offset increases due to inflation as described in the assessment methodology. 151

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STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 INTRODUCTION 2 Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner.

Summary of District
A summary of the assessments to be levied in Fiscal Year 2022-23 for each property type is shown in the table below.

Property Type EDU Factor Assessment Rate
Single Family Residential (SFR) 1.00 per Parcel $38.03 per Parcel Commercial 5.50 per Acre $209.15 per Acre
Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Street Lighting District No. 1999-1
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ENGINEER’S REPORT 3 SECTION II

ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS
OF LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500
THROUGH 22679 OF THE CALIFORNIA

STREETS AND HIGHWAYS CODE

CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1999-1
FISCAL YEAR 2022-23
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 17, 2022, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Street Lighting Maintenance District No. 1999-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this Section II (Engineer’s Report), which consists of five (5) parts as follows:

PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2022-23, including incidental costs and expenses in connection therewith.

The estimate is attached hereto and is on file in the Office of the Director of Public Works of the City of Dublin.

PART C: ASSESSMENT DISTRICT DIAGRAM
This part incorporates a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements to be apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report.

The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
154

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 PLANS AND SPECIFICATIONS 5 PART A

PLANS AND SPECIFICATIONS
The District provides for the continued installation, maintenance, and servicing of street lighting improvements within the public rights-of-way and within public easements within private streets which provide special benefit to parcels and properties within the District.

For the first several years after formation of the District, this District did not incur a significant maintenance cost; however, as the streetlights age, the number of repairs are increasing. In addition, a portion of the funds collected from the annual assessments of the District are being set aside for future capital improvement project costs in a separate improvement fund referred to as a Capital Improvement Fund (CIF). The CIF was established for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Anticipated projects include LED conversions and pole painting. These funds are not considered part of the regular maintenance of the improvements or a part of the Operating Reserve Fund.

In Fiscal Year 2012-13, 321 streetlights in the District were retrofitted with new light emitting diode (LED) fixtures. The total construction cost for these improvements was $283,800. As part of this retrofit, the district received a one‐tim e rebate amount of $39,950 from Pacific Gas & Electric (PG&E).

As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following:
1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.
2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities;
c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, 155

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 PLANS AND SPECIFICATIONS 6 diagram, and assessment;
b) The costs of printing, advertising, and the publishing, posting, and mailing of notices;
c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f) Costs associated with any elections held for the approval of a new or increased assessment.

Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 156

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ESTIMATE OF COSTS 7 PART B

ESTIMATE OF COSTS
All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

The following describes the general services and costs shown in the cost estimate.

District Costs
Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs.

Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract.

California Street Light Association – The cost of Street Light Association dues based on relative number of lights within the District.

Utilities Electricity – The cost of streetlight electrical energy use, including miscellaneous utility charges.

Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.

District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District, such as the cost to prepare and mail notices of the public meeting and hearing.

Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ESTIMATE OF COSTS 8 County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.

Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non‐District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate.

Balance to Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2022-23 and 2023-24. 158

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ESTIMATE OF COSTS 9 FY 2022-23
Cost Estimate
Projected
FY 2023-24
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 324,437 $ 330,926
Contributions from Other Revenue Sources $ 12,500 $ 13,750 Total District Revenues1 $ 336,937 $ 344,676

DISTRICT COSTS
Operating Supplies $ 10,000 $ 10,000
Contract with Alameda County $ 88,786 $ 93,225
California Street Light Association $ 400 $ 400
Utilities - Electricity $ 152,880 $ 160,524
Miscellaneous Expenses $ - $ -
Legal Notices $ 575 $ 592
District Administration $ 3,500 $ 3,605
Public Works Administration $ - $ -
County Collection Fee $ 5,900 $ 6,077
Total District Costs $ 262,041 $ 274,423

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Fund Collection/(Transfer) $ - $ 6,191
Capital Improvement Fund (CIF) Collection/(Transfer) $ 74,896 $ 64,062 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 74,896 $ 70,253 Balance to Levy $ 324,437 $ 330,926
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate2 $ 547,297 $ 558,243 Variance above/(below) Maximum Assessment Revenue $ (222,860) $ (227,317)

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/22 and 7/1/23) $ 131,021 $ 131,021 Reserve Fund Adjustment $ - $ 6,191
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/23 and 6/30/24) $ 131,021 $ 137,212 Beginning CIF Balance (est. 7/1/22 and 7/1/23) $ 334,170 $ 367,065 CIF Adjustment $ 74,896 $ 64,062
LED Conversion Project $ - $ -
Transfer Out For CIP $ (42,000) $ (42,000)
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending CIF Balance (est. 6/30/23 and 6/30/24) $ 367,065 $ 389,128 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2023/24 was estimated to be equal to the FY 2022/23 Maximum Assessment Revenues and escalated by 2%.

Table 2: City of Dublin
Street Lighting District No. 1999-1
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.

Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal year and thereafter.

Light Pole Painting: The City has identified the need for regular painting of light poles within the District.

Citywide Energy Improvements: The City has identified the need to upgrade streetlights to energy-efficient light emitting diode (LED) technology. District funding will cover the cost of LED streetlight upgrades within the District. 160

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ASSESSMENT DIAGRAM 11 PART C

ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown herein. The lines and dimensions of each parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year in which this Report was prepared and are incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 161
City of Dublin
Street Lighting District No. 1999-1
Assessment Diagram
Prepared by Francisco & Associates, Inc.
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City Limit
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Parcels within LLAD 1999-1
Mountain Galway Ct
Inspiration Cir
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Dublin Blvd
Central Pkwy
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Poitano Pkwy
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 METHOD OF APPORTIONMENT 13 PART D

METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 163

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 METHOD OF APPORTIONMENT 14 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties is enhanced by the presence of public lighting in close proximity to those properties.

The special benefits of street lighting and other public lighting facilities are for the convenience, safety, and security of property, improvements, and goods. Specifically:
1) Enhanced deterrence of crime and to aid police protection. 2) Increased nighttime safety on roads, streets, and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property.
5) Reduced vandalism and other criminal acts and damage to improvements or property.
6) Improved traffic circulation and reduced nighttime accidents and personal property loss.

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.

All the preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with 164

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 METHOD OF APPORTIONMENT 15 an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.

Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated on the basis of a formula that utilizes Equivalent Dwelling Units (EDU). The EDU method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single-family residential parcel is assigned 1.00 EDU since it represented more than 85% of the total parcels within the District.

EDU’s are assigned to the other land uses based upon the property’s development status, type of development (County of Alameda land use code) and property size as shown in the table below.

Single-Family Residential (SFR) — (County land use 1x, 2x, 7x) This land use identifies properties that are developed for single-family residential use and are assigned a factor of

1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e., EDU). This land use classification may include, but is not limited to, lots or parcels identified as single-family residential homes, condominium, vacant residential land zoned for four units or less, planned development (tract or townhouse type), and modular/manufactured single-family residential units. Developed apartments are assigned a factor of 1.00 EDU per dwelling unit. Parcels with a vacant apartment land use are treated like commercial and assessed 5.50 EDU per acre.

Commercial — (County land use 3x, 8x, 9x) This land use identifies properties that are considered improved for commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages, service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, bowling alleys, theaters, vacant commercial land, department stores, discount stores, restaurants, shopping centers, supermarkets, commercial or industrial condominium prior to sale of one unit, and miscellaneous commercial. In addition, institutional property, such as schools and other types of public property are identified within this category.

Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel
Commercial 5.50 per Acre
Exempt, Cemeteries, Common Open Space 0.00 per Parcel
TABLE 3: ASSESSMENT METHODOLOGY
Street Lighting District No. 1999-1
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 METHOD OF APPORTIONMENT 16 Common Open Space — (County land use 0, 03-05, 65) This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies, property leased or owned by public utilities, cemeteries, and planned development common areas.

The following formulas are used to calculate each property’s assessment:

Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount
Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. At the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.

The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San FranciscoOakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).

In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2022-23.

The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is 166

CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 METHOD OF APPORTIONMENT 17 allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2022-23 was determined based on the difference using the annual amount for calendar years 2021 and 2020. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or comparable index as approved by the City Council for determining fluctuations in the cost of living. The following table shows the Maximum Assessment Rates allowable for Fiscal Year 2022-23.

If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.

CPI for 2020 Calendar Year1 292.601
CPI for 2021 Calendar Year1 304.602
% Change in CPI - Increase 4.10%
FY 2021/22 Maximum Rate per EDU - CPI Rate $39.66
FY 2022/23 Maximum Rate per EDU - CPI Rate $41.28
Prior Year Maximum Utility Budget2 $183,600
Utility Budget for FY 2022/23 $152,880
% Change in Utility Rate - Increase3 0.000%
FY 2021/22 Maximum Rate per EDU - Utility Rate $22.85
FY 2022/23 Maximum Rate per EDU - Utility Rate $22.85
FY 2021/22 Maximum Assessment Rate per EDU $62.51
FY 2022/23 Maximum Assessment Rate per EDU4 $64.14
1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2021/22 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the FY 2021/22 and FY 2022/23 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.

TABLE 4: MAXIMUM ASSESSMENT RATE
Street Lighting District No. 1999-1
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CITY OF DUBLIN
STREET LIGHTING DISTRICT No. 1999-1 FY 2022-23 ASSESSMENT ROLL 18 PART E

ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2022-23.

Parcel identification, the lines and dimensions of each lot, parcel, and subdivision of land within the District, are inclusive of the parcels as shown on the Alameda County Assessor's Parcel Maps as they existed at the time of the passage of the Resolution of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
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STAFF REPORT

CITY COUNCIL

Agenda Item 4.4
DATE: May 17, 2022
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Second Amendment to the Agreement with Lanlogic, Inc.

Prepared by: Steve Windsor, Chief Information Security Officer EXECUTIVE SUMMARY:

The City Council will consider approving a second amendment to the agreement with Lanlogic, Inc. for information technology consulting and maintenance services, to extend the term and increase total compensation.

STAFF RECOMMENDATION:

Adopt the Resolution Approving a Second Amendment to the Agreement with Lanlogic, Inc. for Ongoing Support of the City’s Network and Special Project Work Related to Technological Upgrades.

FINANCIAL IMPACT:

Sufficient funding for the City’s network and special project work related to technological upgrades is included in the proposed Fiscal Year 2022-23 Information Technology (IT) Fund budget, as well as in the proposed IT Infrastructure Project (CIP No. GI0717).

DESCRIPTION:

Lanlogic, Inc. provides hosted technology services, network infrastructure support, and systems and server maintenance to private and public clients.

Since Fiscal Year 2008-09, the City has utilized Lanlogic, Inc. for a variety of information technology needs. In April 2015 the City expanded its engagement with Lanlogic, Inc. to include network monitoring, cyber security assistance, network infrastructure design and architecture, and systems and server support.

The City’s current contract expires June 30, 2022 and has a not-to-exceed amount of $510,000.

Staff desires to extend the current agreement with Lanlogic, Inc. to June 30, 2023 and increase the not-to-exceed amount to $700,000. This will cover the costs of several new strategic IT initiatives, 169

including the technology rebuild related to the Cultural Arts Center, increased bandwidth at City facilities, audio/visual upgrades, and other IT projects and maintenance.

STRATEGIC PLAN INITIATIVE:

Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Objective B: Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving a Second Amendment to the Agreement with Lanlogic, Inc. for Ongoing Support of the City’s Network and Special Project Work Related to Technological Upgrades 2) Exhibit A to the Resolution - Second Amendment to the Agreement with Lanlogic, Inc. 3) Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc. 4) First Amendment to the Consulting Services Agreement Between the City of Dublin and Lanlogic, Inc.
170
Attachment 1
Reso. No. XX-22, Item X.X, Adopted 05/17/22 Page 1 of 1 RESOLUTION NO. XX – 22

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH LANLOGIC, INC. FOR ONGOING SUPPORT OF THE CITY’S NETWORK AND SPECIAL PROJECT WORK

RELATED TO TECHNOLOGICAL UPGRADES
WHEREAS, the City of Dublin uses Lanlogic, Inc. for ongoing support of the City’s network monitoring, cyber security assistance, network infrastructure design and architecture, and systems and server support; and
WHEREAS, the City’s current contract with Lanlogic, Inc expires June 30, 2022, and Staff desires to coninute to utilize Lanlogic, Inc. for ongoing services as well as new projects and strategic initiatives, including the technology rebuild at the future Cultural Arts Center, increased bandwidth at City facilities, and audio/visual upgrades; and
WHEREAS, continuing to engage Lanlogic, Inc. for these services for an additional year requires extending the current agreement term to June 30, 2023 and increasing the total not-to-exceed compensation from $510,000 to a new limit of $700,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with Lanlogic, Inc., attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the agreement and make any non-substantial adjustments to carry out the intent of this resolution.

PASSED, APPROVED AND ADOPTED this 17th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 2

SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
LANLOGIC, INC.

WHEREAS, on JUNE 19, 2018, the City of Dublin (hereinafter referred to as "CITY") and Lanlogic, Inc. (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for ongoing support of the City’s network and special project work related to technological upgrades (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the existing AGREEMENT expires on June 30, 2022; and WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term to June 30, 2023 and increase the total not-to-exceed compensation from $510,000 to a new limit of $700,000.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended for up to one year upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the services described in the Exhibit B does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
2) Section 2. Shall be rescinded in its entirety and replaced with the following (Sections

2.1 through 2.8 remain the same):

COMPENSATION. City hereby agrees to pay Consultant a total not-to-exceed sum of$700,000, for services outlined in Exhibit A in accordance with a project specific scope and budget, (Consultant' s proposal), as approved by Task Order. In the event of a conflict between this Agreement and Consultant' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City
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acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant' s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/ or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
3) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all the terms and conditions of the AGREEMENT.
4) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
5) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.

CITY OF DUBLIN
LANLOGIC, INC.

By: _____________________________ By: _____________________________ Linda Smith, City Manager Dan Ferguson,
President & CEO
Dated:

ATTEST:

By: ________________________
Marsha Moore, City Clerk

APPROVED AS TO FORM:

By: _____________________________
City Attorney
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
LANLOGIC, INC.

This Agreement is made and entered into between the City of Dublin (" City") and Lanlogic, Inc.

Consultant") as of July 1, 2018 ( the " Effective Date"). In consideration of their mutual covenants, the parties hereto agree as follows:

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

1. 1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30th, 2021, and Consultant shall complete the work described in Exhibit A, as assigned by Task Order, prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City' s right to terminate the Agreement, as provided for in Section 8.

1. 2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession.

Consultant shall prepare all work products required by this Agreement in conformance with standards of quality normally observed by a person practicing in Consultant' s profession.

1. 3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1. 4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1. 1 above and to satisfy Consultant' s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed 170,000 per fiscal year, for a total not to exceed sum of $510,000, for services outlined in Exhibit A in accordance with a project specific scope and budget, ( Consultant' s proposal), as approved by Task Order. In the event of a conflict between this Agreement and Consultant' s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall Consultant Services Agreement between July 1, 2018
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant' s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/ or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2. 1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Contract shall bill more than 2, 000 hours in a fiscal year unless approved, in writing, by the City Manager or his/ her designee. Invoices shall contain the following information:

Serial identifications of progress bills; i. e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A 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 Contract
o Hours must be logged in increments of tenths of an hour or quarter hours
o If this Contract covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense 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;
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;
The Consultant' s signature.

2. 2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2. 3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any Consultant Services Agreement between July 1, 2018
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In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2. 4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule set forth on the compensation schedule attached as Exhibit B.

2. 5 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not exceed ($ ). Expenses not listed below are not chargeable to City.

Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

2. 6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2. 7 Pavment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date.

2. 8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

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

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

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure " occurrence coverage" Consultant Services Agreement between July 1, 2018
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It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/ or limits shall be available to City as an additional insured. Furthermore, the requirements for coverage and limits shall be ( 1) the minimum coverage and limits specified in this Agreement; or ( 2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. The additional insured coverage under the Consultant's policy shall be " primary and non- contributory" and will not seek contribution from City' s insurance or self-insurance and shall be at least as broad as CG 20 01 04 12. In the event Consultant fails to maintain coverage as required by this Agreement, City at its sole discretion may purchase the coverage required and the cost will be paid by Consultant. Failure to exercise this right shall not constitute a waiver of right to exercise later. Each insurance policy shall include an endorsement providing that it shall not be cancelled, changed, or allowed to lapse without at least thirty (30) days' prior written notice to City of such cancellation, change, or lapse.

4. 1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by Consultant.

The Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS 1, 000, 000. 00) per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of selfinsurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant' s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.2 Commercial General and Automobile Liability Insurance.

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4. 2. 1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($ 1, 000,000. 00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.

4. 2. 2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 1 (" any auto").

4. 2. 3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured' s general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and
automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims -made basis.

C. An endorsement must state that coverage is primary insurance with respect to the City and its officers, employees, agents, and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.

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DocuSign Envelope ID: B430E21 E- F573- 471E- A2FB- 56B2C81 D97BB e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant' s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4. 3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($ 1, 000,000) covering the licensed professionals' errors and omissions.

4. 3. 1 Any deductible or self -insured retention shall not exceed $ 150,000 per claim.

4. 3. 2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty ( 30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4. 3. 3 The following provisions shall apply if the professional liability coverages are written on a claims - made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates.

C. If coverage is canceled or not renewed and it is not replaced with another claims -made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant' s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4. 4 All Policies Requirements.

4. 4. 1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

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4. 4. 2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

4. 4. 3 Subcontractors. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the Indemnification and Insurance requirements to the extent they apply to the scope of the Subcontractor' s work.

Subcontractors hired by Consultant agree to be bound to Consultant and the City in the same manner and to the same extent as Consultant is bound to the City under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub -subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the City.

4. 4. 4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City' s interests are otherwise fully protected.

4. 4. 5 Deductibles and Self -Insured Retentions. All self -insured retentions SIR) and/ or deductibles must be disclosed to the City for approval and shall not reduce the limits of liability. Policies containing any self -insured retention provision and/ or deductibles shall provide or be endorsed to provide that the SIR and/or deductibles may be satisfied by either the named insured or the City.

4. 4. 6 Excess Insurance. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City (if agreed to in a written contract or agreement) before City' s own insurance or selfinsurance shall be called upon to protect City as a named insured.

4. 4. 7 Other Requirements. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/ or limits shall be ( 1) the minimum coverage and limits specified in this Agreement; or Consultant Services Agreement between July 1, 2018
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4. 4. 8 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant' s earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage.

4. 5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:

Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/ or
Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT' S RESPONSIBILITIES. To the maximum extent allowed by law, Consultant shall indemnify, keep and save harmless the City, and City Councilmembers, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property, including death, that may occur, or that may be alleged to have occurred, in the course of the performance of this Agreement by a negligent act or omission or wrongful misconduct of the Consultant or its employees, subcontractors or agents. Consultant further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against the City or any of the other individuals enumerated above in any such action, Consultant shall, at its expense, satisfy and discharge the same. Consultant's responsibility for such defense and indemnity obligations shall survive the termination or completion of this Agreement for the full period of time allowed by law. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement.

In the event that Consultant or any employee, agent, or subcontractor of Consultant 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, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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Section 6. STATUS OF CONSULTANT.

6. 1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant' s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1. 3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ( PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/ or employee contributions for PERS benefits.

6. 2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7. 1 Governing Law. The laws of the State of California shall govern this Agreement.

7. 2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws 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, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7. 4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

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7. 5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person' s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant 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 Consultant.

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

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

8. 2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1. 1. Any such extension shall require a written amendment to this Agreement, as provided for herein.

Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8. 3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8. 4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant' s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Consultant Services Agreement between July 1, 2018
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8. 5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8. 6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City' s remedies shall include, but 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 Consultant pursuant to this Agreement;

8. 6. 3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8. 6. 4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9. 1 Records Created as Part of Consultant' s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9. 2 Consultant' s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a Consultant Services Agreement between July 1, 2018
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9. 3 Inspection and Audit of Records. Any records or documents that Section 9. 2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($ 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 three ( 3) years after final payment under the Agreement.

Section 10. MISCELLANEOUS PROVISIONS.

10. 1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10. 2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.

10. 3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10. 4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10. 5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10. 6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10. 7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a " conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

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DocuSign Envelope ID: B430E21 E- F573- 471E- A2FB- 56B2C81 D97BB Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

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

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

10. 8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10. 9 Contract Administration. This Agreement shall be administered by the City Manager (" Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10. 10 Notices. Any written notice to Consultant shall be sent to:

Lanlogic, Inc.

Attn: Dan Ferguson
248 Rickenbacker Circle
Livermore, CA 94551
Any written notice to City shall be sent to:

City of Dublin
City Manager
100 Civic Plaza
Dublin, CA 94568
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10. 11 Integration. This Agreement, including Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

CITY OF DUBLIN
Christopher L. Foss, City Manager
Attest:

Caroline Soto, City Clerk
Approved as to Form:

John Bakker, City Attorney

CONSULTANT
Daniel L. Ferguson, PrqWidlent & CEO
Lanlogic, Inc.

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EXHIBIT A

SCOPE OF SERVICES
Project/Task Objectives and Requirements
IT support of the City of Dublin network on task order basis as directed by the City.

Scope of Work and Deliverables
The Consultant shall provide services and staff, and otherwise do all things reasonably necessary for or incidental to the performance of work, as set forth below:

Network engineering and support services performed onsite and remotely Microsoft server and VMware engineering and support services IT project management
Interface with City vendors including network carriers, the County of Alameda, contractors and other services as needed
Staff augmentation during vacations and extended leaves The Consultant shall procure and deliver to Client the following:

Documentation of any project
Detailed time logs of all work performed
Monthly billing of any services
The following are not included within this scope of service:

Projects that have been authorized under a separate PO
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EXHIBIT B

COMPENSATION SCHEDULE
Lanlogic, Inc. will guarantee the following hourly rates for the term of this agreement as follows:

Fiscal Years 2018- 2019 2019- 2020 2020-2012
T& M Hourly Network Engineer 185. 00 190. 00 194. 00
After Hours/ Weekends 275. 00 282. 00 289. 00
The City shall pay the Consultant the amount noted above for the performance of all activities necessary for or incidental to the performance of work as set forth in this agreement. Consultant will provide invoices to the City on a monthly basis as requested by the City on an as needed basis.

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FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF DUBLIN AND
LANLOGIC, INC.

WHEREAS, on JUNE 19, 2018, the City of Dublin ( hereinafter referred to as CITY") and Lanlogic, Inc. ( hereinafter referred to as " CONSULTANT") entered into a Consulting Services Agreement for ongoing support of the City's network and special project work related to technological upgrades ( hereinafter referred to as the " AGREEMENT"); and WHEREAS, the existing AGREEMENT expires on June 30, 2021; and WHEREAS, the CITY and CONSULTANT now wish to amend the
AGREEMENT to extend the term to June 30, 2022.

NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1. 1 shall be rescinded in its entirety and replaced with the following:

Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2022, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. Notwithstanding the foregoing this Agreement may be extended for up to one year upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the services described in the Exhibit B does not increase. None of the foregoing shall affect the City' s right to terminate the Agreement as provided for in Section 8.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all the terms and conditions of the AGREEMENT.
3) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
4) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.

SIGNATURES ON THE FOLLOWING PAGE