April 04, 2023 Dublin City Council Regular Meeting Agenda 1
COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Michael McCorriston, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Dr. Sherry Hu, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, April 4, 2023 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings
Members of the public who wish to participate in the meeting electronically have the option of giving public comment via Zoom, subject to the following procedures:
Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, April 4, 2023. Upon submission, you will receive Zoom link information from the City Clerk. Speakers slips will be accepted until the public comment period ends, or until the public comment period on non- agenda items is closed.
Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.
When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ORAL COMMUNICATIONS
3.1 Arts, Culture and Creativity Month Proclamation
The City Council will present the Arts, Culture and Creativity Month Proclamation. 1 April 04, 2023 Dublin City Council Regular Meeting Agenda 2
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 - Arts, Culture and Creativity Month Proclamation
3.2 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 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 March 11, 2023 Special City Council Meeting, March 21, 2023, Regular City Council Meeting, and March 22, 2023, Special City Council Meeting Minutes
The City Council will consider approval of the minutes of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting.
Staff Report
Attachment 1 - March 11, 2023 Special City Council Meeting Minutes Attachment 2 - March 21, 2023 Regular City Council Meeting Minutes Attachment 3 - March 22, 2023 Special City Council Meeting Minutes
4.2 Approval of Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services
The City Council will consider approving an agreement with Tetra Tech, Inc. for on-call disaster preparedness staff augmentation and support services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services.
Staff Report
Attachment 1 - Resolution Approving an Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services Attachment 2 - Exhibit A to the Resolution - Consulting Services Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services Attachment 3 - Request for Qualifications for Disaster Preparedness Staff Augmentation and Support Services
2 April 04, 2023 Dublin City Council Regular Meeting Agenda 3
Attachment 4 - Tetra Tech Statement of Qualifications for Disaster Preparedness Staff Augmentation and Support Services
4.3 Annual Fire Inspection Compliance - SB1205 Report for Fiscal Year 2021-22 The City Council will receive a report outlining Alameda County Fire Department's compliance with the annual inspection requirements set forth in California Health and Safety Code Sections 13146.2 and 13146.3. This report serves to meet the reporting requirements set forth in Senate Bill No. 1205.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - SB1205 Compliance Report for Fiscal Year 2021-22
4.4 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 2023 -24 Engineer’s Reports, approving the preliminary Fiscal Year 2023-24 Engineer's Reports, and scheduling a public hearing date of May 2, 2023 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 the Street Lighting Maintenance Districts and Landscape and Lighting Districts Attachment 2 - Resolution Approving the Preliminary Engineer’s Reports and Appointing a Time and Place for Hearing Protests for the Street Lighting Maintenance Districts and Landscape and Lighting Districts
Attachment 3 - Preliminary Engineer's Report for Street Lighting Maintenance District 1983-1
Attachment 4 - Preliminary Engineer's Report for Landscaping and Lighting District 1983- 2 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
3 April 04, 2023 Dublin City Council Regular Meeting Agenda 4
4.5 Update on Implementation of Community Task Force on Equity, Diversity, and Inclusion’s Recommendations
The City Council will receive a report on the City’s progress in implementing the approved recommendations resulting from the Community Task Force on Equity, Diversity, and Inclusion. The City Council approved an implementation plan for these recommendations in February 2022 and directed Staff to return with an update a year later.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Status Update Matrix
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Weed and Combustible Refuse Abatement Order
The City Council will conduct the public hearing in accordance with Resolution 12-23 (adopted February 7, 2023) declaring that there is a public nuisance created by weeds and combustible debris growing and accumulating upon the streets, sidewalks, and property in the City of Dublin. Notice of this declaration was posted and letters sent to those property owners with violations.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and by motion, direct Staff to continue the weed abatement process.
Staff Report
Attachment 1 - Resolution No. 12-23 Declaring Weeds and Combustible Refuse a Public Nuisance and Ordering the Abatement Thereof
Attachment 2 - Notice to Destroy or Remove Weeds and Refuse 2023 Attachment 3 - 1st Notice Letter
7. UNFINISHED BUSINESS – None.
8. NEW BUSINESS
8.1 Informational Report on the 2023 Eastern Alameda County Human Services Needs Assessment
The City Council will receive an informational report on the 2023 Eastern Alameda County Human Services Needs Assessment, including an overview of the project scope and status. This project is being completed in collaboration with the cities of Livermore and Pleasanton.
STAFF RECOMMENDATION:
Receive the report and provide feedback.
Staff Report
Attachment 1 - Tri-Valley Community, Social, and Economic Profiles Item 8.1 - PowerPoint Presentation
4 April 04, 2023 Dublin City Council Regular Meeting Agenda 5
9. OTHER BUSINESS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
10. ADJOURNMENT
This AGENDA is posted in accordance with Government Code Section 54954.2(a)
If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.
Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings.
Mission
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.
5 STAFF REPORT
CITY COUNCIL
Agenda Item 3.1
DATE: April 4, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Arts, Culture and Creativity Month Proclamation Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present the Arts, Culture and Creativity Month Proclamation.
STAFF RECOMMENDATION:
Present the Proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
This April, the City of Dublin will celebrate Arts, Culture and Creativity Month with the Dublin Arts Collective.
The City of Dublin takes pride in the many local artists in the community and showcases art throughout the city. Through the month of April and throughout the year, there are many events that showcase local artists and this could not be accomplished without the help of many organizations including the Dublin Arts Collective.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
6
ATTACHMENTS:
1) Arts, Culture and Creativity Month Proclamation
7 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Arts, Culture and Creativity Month”
WHEREAS, the City of Dublin celebrates that arts, culture and creativity uplift our community and change our lives for the better; and WHEREAS, Arts, Culture and Creativity Month of April is the fifth annual statewide awareness and advocacy event that recognizes the crucial role of arts, culture and creativity in the lives of everyone in California; and WHEREAS, the Dublin Arts Collective works in partnership with the City of Dublin to support the arts and creativity as an essential part of our thriving community through services including art shows, art installations, meetings, and workshops; and WHEREAS, the Dublin Arts Collective partners locally with the Alameda County Arts Commission, the community -building Alameda County and City-Level Arts Partnership Network, and the arts education initiative, CREATE Alameda County, to advance the arts and creativity in our county; and
WHEREAS, the City of Dublin recognizes that arts, culture and creativity strengthen student success and lifelong learning, support soci al and racial equity and bring joy to our community while inspiring connections; and WHEREAS, the City of Dublin values partnering with the Dublin Arts Collective, Alameda County Arts Commission, and state -level arts organizations to promote unified support for the arts.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim April 2023 as Arts, Culture and Creativity Month in the City of Dublin and encourages everyone to celebrate the power of the arts in our community.
DATED: April 4, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 8 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
DATE: April 4, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the March 11, 2023 Special City Council Meeting, March 21, 2023 Regular City Council Meeting, and March 22, 2023 Special City Council Meeting Minutes
Prepared by: Marsha Moore, MMC, City Clerk
9
ATTACHMENTS:
1) March 11, 2023 Special City Council Meeting Minutes
2) March 21, 2023 Regular City Council Meeting Minutes
3) March 22, 2023 Special City Council Meeting Minutes
10 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Special Meeting: March 11, 2023
DUBLIN CITY COUNCIL MINUTES
SPECIAL MEETING
March 11, 2023
A Special Meeting of the Dublin City Council was held on Saturday, March 11, 2023, in the Regional Meeting Room. The meeting was called to order at 9:00 AM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) PUBLIC COMMENT
Andrea Renzulli provided public comment.
3) RETREAT, FACILITATED BY NANCY HETRICK AND CHRISTINE
BUTTERFIELD OF BAKER TILLY:
The City Council participated in team building with facilitators Nancy Hetrick and Christine Butterfield of Baker Tilly, along with City Manager Linda Smith, Assistant City Manager Colleen Tribby, and City Attorney John Bakker.
The City Council reflected on the City’s progress and reviewed strategic plan updates and other accomplishments; reviewed the Strategic Plan Goals and affirmed the strategic priorities for the commie new fiscal year; reviewed an over on the purpose of a community survey, revisited past survey results, and provided input on areas of focus for the upcoming poll; received an overview on different communication styles and participated in activities to understand the communication styles; and, discussed practices for effective councils and operation norms and discussed AB2449.
Attachment 1
11 DUBLIN CITY COUNCIL MINUTES
SPECIAL MEETING
March 11, 2023
4) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 1:43 p.m.
Mayor
ATTEST:
City Clerk
12 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: March 21, 2023
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 21, 2023
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: In re: National Prescription Opiate Litigation, Case No. 1:20-op-45255 (N.D. Ohio)
II. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case.
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, March 21, 2023, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Present
Kashef Qaadri, Councilmember Present
2) REPORT ON CLOSED SESSION
City Attorney John Bakker reported that the City Council unanimously approved settlements with Allergan, Teva, CVS, Walgreens, and Walmart in the opioid litigation, in which the City is a plaintiff. The end result of those settlements will be that the City will receive funding that can be used for opioid remediation activities.
Attachment 2
13 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 21, 2023
3) ORAL COMMUNICATIONS
3.1) 2022 Volunteer Recognition Winners
The City Council recognized the City of Dublin 2022 Citizen, Young Citizen, and Organization of the Year, and the 2023 Mayor’s Award and Mayor’s Legacy Award recipients. Those in attendance were 2022 Citizen of the Year Kristin Speck and 2022 Organization of the Year Above and Beyond Leadership and Education.
3.2) March for Meals Month Proclamation
The City Council presented a proclamation for March for Meals Month in the City of Dublin.
3.3) Update from Three Valleys Community Foundation
The City Council received an update on Three Valleys Community Foundation’s first year of operations from Kelly Bowers, Ed.D., CEO and President, and John Sensiba, Board Chair.
3.4) Introduction Of Dublin Police Services Chief Nathan Schmidt New Dublin Police Services Chief Nathan Schmidt was introduced.
3.5) Public Comment
No public comment.
4) CONSENT CALENDAR
4.1) Approved the March 7, 2023 Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 23-23 titled, “Approving the Annexation of the East Ranch Development into the Fallon Village Geologic Hazard Abatement District.”
4.3) Waived the second readings and adopted Ordinance No. 01-23 titled, “Amending the Zoning Map and Approving Amendments to Planned Development Zoning Ordinance No. 32-05 for Fallon Village and Approving a Planned Development Zoning Stage 2 Development Plan for the Branaugh Property,” and Ordinance No. 02-23 titled, “Approving a Development Agreement Between the City of Dublin and BEX Development Related to the Branaugh Property Project.”
4.4) Adopted Resolution No. 24-23 titled, “Approving the California Office of Emergency Services (CalOES) Form 130, Designation of Applicant’s Agent Resolution for Non- State Agencies.”
14 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 21, 2023
4.6) Confirmed the Mayor’s appointment of Daniel Colley to the Parks and Community Services Commission for the remainder of a term ending December 2024.
4.7) The City Council received a listing of payments issued from February 1, 2023 - February 28, 2023, totaling $7,512,689.93.
4.8) Adopted Resolution No. 26-23 titled, “Approving a Consulting Services Agreement with Badawi & Associates for Financial Auditing Services.” On a motion by Councilmember Josey, seconded by Vice Mayor McCorriston, and by unanimous vote, the City Council adopted the Consent Calendar items, except for item 4.5.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
4.5) Affordable Housing and Sustainable Communities Program Application and Associated Agreement
This item was pulled from the consent calendar by Councilmember Qaadri for clarifying questions.
On a motion by Councilmember Qaadri and seconded by Councilmember Josey, and by unanimous vote, the City Council adopted item 4.5, and adopted Resolution No. 25-23 titled, “Authorizing Application for the Affordable Housing and Sustainable Communities Program and Approving the Affordable Housing and Sustainable Communities Implementation and Mutual Indemnity Agreement and Permit Option.”
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
5) WRITTEN COMMUNICATION – None.
6) PUBLIC HEARING – None.
15 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 21, 2023
7) UNFINISHED BUSINESS
7.1) Update on the Dublin Boulevard Extension Project and Funding Plan The City Council received an update on the Dublin Boulevard Extension Project and potential funding sources. By consensus, the City Council supported Staff’s proposal to advance funds to cover future impact fees that will be collected for the project. 8) NEW BUSINESS – None.
9) OTHER BUSINESS
The City Council and Staff provided brief information-only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).
By consensus, the City Council directed Staff to place on the April 4, 2023 agenda an Arts, Culture and Creativity Month Proclamation.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 8:28 PM.
Mayor
ATTEST:
City Clerk
16 MINUTES OF THE CITY OF DUBLIN
CITY COUNCIL
Special Meeting: March 22, 2023
MINUTES 1
CITY COUNCIL SPECIAL MEETING
MARCH 22, 2023
A Special Meeting of the Dublin City Council was held on Wednesday, March 22, 2023,in the Regional Meeting Room at the Civic Center. The meeting was called to order at 6:00 PM., by Mayor Hernandez.
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Michael McCorriston, Vice Mayor Present
Jean Josey, Councilmember Present
Dr. Sherry Hu, Councilmember Absent
Kashef Qaadri, Councilmember Present
2. PUBLIC COMMENT
Ed Fisher provided public comment.
3. STUDY SESSION
3.1 The DC (The Dublin Center) Study Session
The City Council held a Study Session to provide the applicant, Landsea Homes, with feedback on the preliminary application for a Site Development Review Permit and Vesting Tentative Maps for The DC project.
By consensus, the City Council provided the following feedback:
In Finnian Square, provide flexibility in amenities.
Locate the Public/Semi-public site at the corner of Dublin Boulevard and Brannigan Street.
Locate the community center in the corner quadrant of Finnian Way and Tassajara Road.
Design the community center to be up to 3,500 square feet and to accommodate up to 150 people in a 2,200-square-foot space.
Design an entryway plaza at the corner of Dublin Boulevard and Tassajara Road. Soften the transition in the architecture of homes between the existing homes north of Gleason Drive and the new homes.
Attachment 3
17 MINUTES 2
CITY COUNCIL SPECIAL MEETING
MARCH 22, 203
4. ADJOURNMENT
The meeting was adjourned by Mayor Hernandez at 7:55 p.m.
Mayor
ATTEST:
City Clerk
18 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: April 4, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will consider approving an agreement with Tetra Tech, Inc. for on-call disaster preparedness staff augmentation and support services.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services.
FINANCIAL IMPACT:
The cost for these services will be charged to the City Manager Department, Disaster Preparedness Program in accordance with the adopted annual budget. There is sufficient budget in this program to cover the estimated annual costs of these services.
DESCRIPTION:
A majority of the City’s 99 full-time equivalent employees (FTEs) have a designated role within the City’s Emergency Operations Center (EOC). The City’s Disaster Preparedness Program has 0.20 FTE (Assistant to the City Manager) assigned to maintaining plans, coordinating trainings, and evaluating the City’s overall disaster preparedness posture. Under the Fire Services Contract with the Alameda County Fire Department (ACFD), the City also receives support in the form of community-focused disaster preparedness programs which include Personal Emergency Preparedness, LISTOS, and Community Emergency Response Team trainings. These are made available to the public periodically, depending on the availability of ACFD staff.
The City seeks to expand its disaster preparedness program activities to ensure City staff are adequately trained in their roles within the EOC. The City also seeks to develop several functional 19
annexes to the Emergency Operations Plan to assist EOC staff in their roles.
Staff recently issued a Request for Qualifications (RFQ) for Disaster Preparedness Staff Augmentation and Support Services. Through this open and competitive process the City was able to identify firms with the necessary background and experience and ensure that the cost for services is competitive. The RFQ was sent to consultants the City has used in the past for similar projects and was posted on the City’s website.
Four submissions were received in response to the RFQ from Integrated Solutions Consulting, Filler Security Strategies, Tetra Tech, and Witt O’Brien’s. Qualifications were reviewed ranked by an evaluation committee involving various Staff. As a result, Staff recommends Tetra Tech, Inc. to provide these on-call services for a term ending on June 30, 2026. The proposed compensation limit for this term is $450,000.
The Scope of these services will include the following:
EOC/Disaster Preparedness Gap Analysis: Assess the City’s emergency operations and disaster preparedness programs and identify areas for improvement. Regular Staff Training Program: Using the Gap Analysis, develop a training program to ensure staff are adequately trained in their roles in the EOC. EOC Exercises: Plan and lead engaging tabletops and other exercises to test EOC staff and identify areas for improvement.
Plan Development and Maintenance: Prepare and update various emergency and disaster preparedness plans and guides.
Staff Augmentation Services: Provide staffing support to the Emergency Operations Center for short term and/or long-term response and recovery operations. Grant Management and Support Services: Provide guidance and technical assistance for project applications and programs for disaster reimbursement related to response and recovery efforts. This includes, but is not limited to, Federal Emergency Management Agency (FEMA), California Governor’s Office of Emergency Services (CalOES), and California Disaster Assistance Act (CDAA) grant programs. The City also anticipates utilizing Tetra Tech to apply for and, if awarded, support a multi-jurisdictional Tri-Valley Adaptation Planning Grant to complete a regional evacuation plan and/or substantial damage response plan.
Staff has tentatively scheduled and budgeted the following tasks over the term of this agreement.
Anticipated activities and the timing of which include:
20
Table 1 Anticipated Contract Activities
Anticipated Tasks FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Initial Program Gap Analysis $ 20,000.00 $ - $ - $ - EOC Trainings $ - $ 30,000.00 $ 30,000.00 $ 30,000.00 EOC Exercise $ - $ 35,000.00 $ 35,000.00 $ 35,000.00 Plan Development/Maintenance $ - $ 50,000.00 $ 50,000.00 $ 50,000.00 Grant Management/Support
Services*
$ - $ 20,000.00 $ 60,000.00 $ - Subtotal $ 20,000.00 $ 135,000.00 $ 175,000.00 $ 115,000.00 Grant Management and Support services would be funded by the applicable grant if awarded, not the General Fund, and are not guaranteed expenditures under the proposed contract. The proposed contract’s not-to-exceed amount provides contingency should any potential grant award amounts fluctuate.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services
2) Exhibit A to the Resolution – Consulting Services Agreement with Tetra Tech, Inc. for On-Call Disaster Preparedness Staff Augmentation and Support Services 3) Request for Qualifications for Disaster Preparedness Staff Augmentation and Support Services 4) Tetra Tech Statement of Qualifications for Disaster Preparedness Staff Augmentation and Support Services
21 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 1 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH TETRA TECH, INC. FOR ON-CALL DISASTER
PREPAREDNESS STAFF AUGMENTATION AND SUPPORT SERVICES
WHEREAS, on February 1, 2023, Staff issued a Request for Qualifications (RFQ) for Disaster Preparedness Staff Augmentation and Support Services; and WHEREAS, the City received four responses to the RFQ; and WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance with the RFQ rating process; and
WHEREAS, the City desires to enter into an agreement with Tetra Tech, Inc. for a not-to- exceed amount of $450,000 over a term beginning April 5, 2023 and ending on June 30, 2026.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the agreement with Tetra Tech, Inc., attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendments to the agreements, attached hereto as Exhibit A, and make any necessary, non- substantive changes to carry out the intent of this Resolution.
BE IT FURTHER RESOLVEDthat the City Manager is authorized to execute amendments to the agreements, to extend the terms for a maximum of two years beyond the initial term.
PASSED, APPROVED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
22 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
TETRA TECH, INC.
FOR
ON-CALL DISASTER PREPAREDNESS STAFF AUGMENTATION AND SUPPORT SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Tetra Tech, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of April 5, 2023 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month-to-month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Reserved.
1.6 Reserved.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 Attachment 2
23 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 2 of 15
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $450,000 notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the following:
o Daily logs of total hours worked by each individual performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
The Consultant’s signature;
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 24 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 3 of 15
Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 25 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 4 of 15
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 26 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 5 of 15 The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including without limitation, blanket contractual liability and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 27 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 6 of 15
c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least 3 years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 28 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 7 of 15 this Agreement, Consultant shall purchase an extended period coverage for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 29 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 8 of 15
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.
5.1 Professional Liability Indemnity. With respect to those claims arising from a professional error or omission, Consultant shall defend with counsel acceptable to City, indemnify and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, the “City Indemnitees”), from and against any and all claims, actions, damages, losses, liabilities, judgments, settlements, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”) that arise o ut of, pertain to, or relate to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement , however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault.
Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City.
5.2 Other than Professional Liability Indemnity. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782, indemnify, defend with counsel acceptable to City, and hold harmless the City Indemnitees from and against any and all Liability of every nature arising out of or in connection with Consultant’s performance of the services called for or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of City.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s inability to evaluate Liability or because the Consultant evaluates Liability and determines that the Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made o f the claim or suit for DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 30 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 9 of 15 damages, or until the Consultant accepts or rejects the tender of defense, whichever occurs first.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is deter mined 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.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 31 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 10 of 15 regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.
Section 8. 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.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 32 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 11 of 15
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, 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, DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 33 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 12 of 15 records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so 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.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 34 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 13 of 15
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
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.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 35 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 14 of 15
10.10 Notices. Any written notice to Consultant shall be sent to:
Tetra Tech, Inc.
Attn: Jonathan Burgiel, Business Unit President
1999 Harrison Street, Suite 500
Oakland, CA 94612
Any written notice to City shall be sent to:
City of Dublin
Attn: John Stefanski, Assistant to the City Manager
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.12 Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts delivered and/or signatures executed by City-approved electronic or digital means shall have the same force and effect as the use of a manual signature. Both Parties desire this Agreement to be electronically signed in accordance with applicable federal and California law. Either Party may revoke its agreement to use electronic signatures at any time by giving notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 36 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Page 15 of 15 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN TETRA TECH, INC.
Linda Smith, City Manager Jonathan Burgiel, Business Unit President
Attest:
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 37 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
EOC/Disaster Preparedness GAP Analysis: Assess the City’s emergency operations and disaster preparedness programs and identify recommendations for improvement.
Regular Staff Training Program: Using the GAP Analysis, develop a program of training to ensure staff are adequately trained in their roles in the EOC.
EOC Exercises: Plan and lead engaging tabletop and other exercises to test EOC staff and identify areas for improvement.
Plan Development and Maintenance: Prepare and update various emergency and disaster preparedness plans and guides.
Staff Augmentation Services: Provide staffing support to the Emergency Operations Center for short term and/or long-term response and recovery operations.
Grant Management and Support Services: Provide guidance and technical assistance for project applications and programs for disaster reimbursement related to response and recovery efforts.
This includes, but is not limited to, FEMA, CalOES, and California Disaster Assistance Act (CDAA) grant programs.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 38 Consulting Services Agreement between City of Dublin and April 5, 2023 Tetra Tech, Inc for Supplemental Disaster Preparedness Services Exhibit B – Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
The exhibit below provides the hourly rates for staff supporting this contract. These rates are good for a term of three years. After that time, rates would need to be renegotiated. Rates are not inclusive of other direct costs (printing, travel, etc.) and represent labor costs only.
Title Hourly Rate
Subject Matter Expert $225.00
Project Principal $210.00
Senior Program Manager $198.00
Project Manager $185.00
Public Assistance Supervisor $175.00
Senior Planner/Trainer/Facilitator/GIS $175.00
Senior Public Assistance Consultant $162.00
Planner/Trainer/Facilitator/GIS III $160.00
Planner/Trainer/Facilitator/GIS II $135.00
Planner/Trainer/Facilitator/GIS I $115.00
Consulting Aide/Financial Manager $110.00
The hourly rates are fully burdened to include all applicable overhead and profit. Approved non-labor expenses shall be invoiced as follows: (1) travel expenses including airfare and car rental shall be invoiced at cost without mark-up; (2) lodging shall be invoiced up to the per diem rate according to the General Services Administration (GSA) rates established at www.gsa.gov (3) meals and incidentals shall be invoiced at the GSA per diem rate (receipts are not required); (4) mileage shall be invoiced at the federally published rate; and (5) other required non-labor expenses as may be applicable to the project and pre- approved by the City shall be invoiced at cost without mark-up.
DocuSign Envelope ID: 346007C8-0DB7-4FD9-8946-AEBAFEA1E171 39 Attachment 3
REQUEST FOR QUALIFICATIONS:
DISASTER PREPAREDNESS STAFF AUGMENTATION &
SUPPORT SERVICES
City of Dublin, CA
Proposals must be received by: Wednesday, February 22, 2023, at 4:00pm Staff Contact:
John Stefanski
Assistant to the City Manager
100 Civic Plaza
City of Dublin, CA 94568
[email protected]
Posted Date: February 1, 2023
40 February 1, 2023 RFQ: Disaster Preparedness Support Services
Overview
The City of Dublin is located in the Tri-Valley subregion of eastern Alameda County, approximately 35 miles southeast of San Francisco. Incorporated in 1982, the City has a 2020 population of approximately 73,000 residents. The City is a general law city and is governed by a five-member City Council. A contract city, Dublin contracts several firms to provide municipal services including the Alameda County Sheriff’s Office for Police Services, Alameda County Fire Department for Fire Services, and MCE Corporation for Maintenance Services. The City has 99 total full-time employees, a majority of which have designated roles within the Emergency Operations Center. Dublin’s Disaster Preparedness program has 0.20 FTE assigned to maintaining plans, coordinating trainings, and evaluating the City’s overall disaster preparedness.
Desired Scope of Services:
The City seeks qualifications from professionals and/or firms to provide disaster preparedness staff augmentation and support services. The City wishes to structure this contract as a multi-year, “On-Call” agreement where the City can arrange for services on a task order basis. Examples of the desired services include, but are not limited to:
EOC/Disaster Preparedness GAP Analysis: Assess the City’s emergency operations and disaster preparedness programs and identify recommendations for improvement.
Regular Staff Training Program: Using the GAP Analysis, develop a program of training to ensure staff are adequately trained in their roles in the EOC.
EOC Exercises: Plan and lead engaging tabletop and other exercises to test EOC staff and identify areas for improvement.
Plan Development and Maintenance: Prepare and update various emergency and disaster preparedness plans and guides.
Key Deliverable: The City is seeking to hold a tabletop exercise with Emergency Operations Center Staff in October 2023.
Many staff in the EOC are new to their roles and will require training ahead of the tabletop exercise.
RFQ Submittal Requirements
Please prepare and organize your response to this RFQ based on the requirements provided below. Any other information you would like to include should be placed in a separate section at the end of your response.
The City will not pay for any costs incurred in preparation and submission of the responses or in anticipation of a contract.
Please email an electronic (.PDF) copy of your Proposal to [email protected] no later than Wednesday, February 22, 2023, at 4:00pm. Physical submittals will not be accepted. Any responses submitted after the stated deadline will not be accepted for consideration.
Submission Format
To ensure fair and accurate consideration of all submissions, responses must contain the following information:
1. Executive Summary
a. Provide a brief overview of your firm and your firm’s experience providing the services detailed in the previous section of this RFQ. This executive summary must include the contact information of the individual authorized to represent your firm and any third parties who will work with you on the delivery of these services. If you are using a third party, please list the roles each party will play in the overall delivery of the services.
41 February 1, 2023 RFQ: Disaster Preparedness Support Services
2. Project Team Description
a. Provide names and contact information of the Project Team including the Principal-in-Charge and Project Manager/primary point of contact. Include brief resumes for all team members, as well as their tenure with the firm. Indicate the organizational structure of the team and outline key roles and lines of authority. Identify all sub-consultants and their role in the project, including all the aforementioned information.
3. Relevant Experience
a. State the qualifications and experience of the firm/individuals. Please emphasize specific qualifications and experience with engagement of similar scope and complexity.
4. Costs
a. Provide an hourly rate schedule for the Project Team. b. Provide a cost estimate examples for each of the items included in the Scope of Services. Cost estimates must include anticipated hours of each item and hourly rates for each. i. Cost estimates may also include optional add-ons above and beyond what is included in the Scope of Services.
5. References
a. Provide the names, contact information, and brief project summary for two (2) similar governmental agencies for which the firm has provided similar services within the last five years.
6. Standard Agreement Confirmation
a. Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the response.
Review and Selection Process
The City reserves the right to make the selection(s) based on its sole discretion. A subcommittee selected by City Staff will evaluate responses to this RFQ. The subcommittee will use a forced ranking process. Informal interviews may be conducted by City Staff and may include more than one firm that has submitted a response.
The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFQ, which may include hiring multiple firms. The City reserves the right to reject any and all responses prior to execution of the Agreement, with no penalty to the City.
Selection of Consultant(s)
Submitted responses will be evaluated and scored using the following criteria:
Qualifications and specific experience of key project team members. Experience with engagement of similar scope and complexity. Satisfaction of previous clients.
Cost of providing the consultant services for this project. 42 February 1, 2023 RFQ: Disaster Preparedness Support Services
Schedule for RFQ Process
Date* Task
February 1, 2023 Public Posting of RFQ
February 7, 2023 Deadline to submit questions to City of Dublin February 10, 2023 Answers to Questions and Addendum posted, if required February 22, 2023 Proposals due no later than 4:00pm
March 1-2, 2023 Interview firms (optional)
March 21, 2023 City Council Consideration of Agreement
*Tentative dates, subject to change
Standard Consulting Agreement:
It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work.
A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A.
If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating Proposals. Otherwise, the interested firm is to state in the proposal that the Agreement and insurance requirements are acceptable.
Consideration for exceptions will not be considered if not included in the submitted proposal.
Conflict of Interest
Proposer agrees that, for the term of this contract, no member, officer, or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom.
Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide for these clients.
This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects.
Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 43 February 1, 2023 RFQ: Disaster Preparedness Support Services
Equal Employment Opportunity
Proposer shall not, on the grounds of race, color, sex, age, religion, national origin, ancestry, physical handicap, medical condition, or marital status either discriminate or permit discrimination against any employee or applicant for employment in any manner prohibited by Federal, State, or local laws. In the event of Proposer non-compliance, the City of Dublin may cancel, terminate, or suspend the Contract in whole or in part. Proposers may also be declared ineligible for further contracts with the City of Dublin.
Proposer shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Proposer and its sub-consultants shall post in conspicuous places, available to all employees and applicants for employment, a notice setting forth the following provisions [29 U.S.C. § 623, 42 U.S.C. § 2000, 42 U.S.C. § 6102, 42 U.S.C. § 12112, 42 U.S.C. § 12132, 49 U.S.C. § 5332, 29 CFR Part 1630, 41 CFR Parts 60 et seq.].
Governing Law
This RFQ summarizes the applicable laws and governance, when in conflict applicable State/Federal guidelines shall apply.
The contract and legal relations between the parties hereto shall be governed and construed in accordance with the laws of the State of California.
Attachments
Attachment A Standard Consulting Services Agreement [INTENTIONALLY REMOVED FOR STAFF REPORT} 44 Proposal for
DISASTER PREPAREDNESS STAFF
AUGMENTATION & SUPPORT SERVICES
City of Dublin, CA
Original | February 2023
Attachment 4
45 i
Table of Contents
1. Executive Summary ........................................................................................................................................................... 1
2. Project Team Description .............................................................................................................................................. 3
3. Relevant Experience .......................................................................................................................................................... 8
4. Costs ......................................................................................................................................................................................... 17
5. References ............................................................................................................................................................................ 19
6. Standard Agreement Confirmation ..................................................................................................................... 20 Appendix A: Resumes ........................................................................................................................................................ 21
46 1
1. Executive Summary
As requested by the RFQ:
The primary contact for this project is our proposed project manager Mr. Bart Spencer, who can be contacted at
[email protected] or 650-324-1810. Mr. Spencer will represent Tetra Tech in the delivery o f the requested services. He will be supervised by our proposed Principal in Charge, Ms. Christina Parkins ( [email protected], 678-775-3137). Business Unit President Mr. Jonathan Burgiel is authorized and empowered to sign this proposal and bind the firm in contractual commitments. Tetra Tech will not be using any subcontractors/third parties for this project.
Company Overview
Tetra Tech, Inc. (Tetra Tech) is a leading provider of consulting, engineering, and technical services worldwide .
Founded in 1966, Tetra Tech is one of the principal firms in the nation in the field of disaster management, emergency management, and homelan d security, with projects focusing on infrastructure hardening and protection; disaster response and recovery operations; preparedness planning, training, and exercises; community resilience; and grant management. With a team of over 200 dedicated emergenc y management specialists supporting clients across the nation, Tetra Tech’s services span the entire emergency management continuum, including preparedness, mitigation, response, recovery, and resilience. Our team is recognized for its ability to quickly respond to a broad range of emergencies, allowing our clients to return to the business of running their day-to-day operations.
Our California -based company, which is headquartered in Pasadena, has assisted numerous communities in California with response and recovery efforts. Across the state , including in the Bay Area, Tetra Tech has provided emergency management services for more than 30 years to both local and state clients. With our work in California, Tetra Tech is very familiar with the Standardized Emergency Management Plan (SEMS) and has incorporated it into the relevant planning, response, recovery, and mitigation efforts.
Over the last five years, Tetra Tech has successfully completed more than 1000 emergency management projects for local, state, federal, and private sector clients in all 50 states. During steady -state conditions, our disaster preparedness strategies include:
• Developing and applying technology to better inform clients about the wide array of hazards they face and assisting communities with developing adaptation strategies. • Prioritizing, scoping, and implementing projects designed to mitigate risks. • Planning, training, and exercising public safety professionals to enhance their readiness to respond. • Assessing the needs of vulnerable and historically underserved communities and addressing diversity, equity, and inclusion issues in pre-disaster plans.
• Providing assistance with navigating the federal grant to identify potential funding sources and supporting the development and submission of grant applications.
Tetra Tech Snapshot
Stability: 55 years in business; 35+ years
performing services required by this RFP
Transparency: Publicly traded (NASDAQ: TTEK)
Strength: $4.5B annual revenue
Robust Team: 27,000 professionals located in
450 offices worldwide.
47 2
During and following disasters, Tetra Tech offers a wide range of incident management support, including:
• Augmenting staff and personnel in all areas as needed (e.g., emergency operations center [EOC], incident management team [IMT])
• Facilitating and monitoring rapid infrastructure repair and debris management • Advising and guiding clients through comprehensive financial management, community resilience, and economic redevelopment phases of disaster recovery
Tetra Tech’s Emergency Management, Risk , and Resilience (EMRR) Practice supports all levels of government programs – local, tribal, state, and national. From providing assistance before and after wildfires, earthquakes, floods, and hurricanes; to coordinating a full -scale Urban Search and Rescue exercise involving California Task Force 5 (Orange County Fire Department); to COVID-19 After Action Reports; and developing continuity, hazard mitigation, debris management plans; to updating emergency plans, our team is uniquely equipped to provide a variety of services to the City of Dublin (City).
Tetra Tech staff include seasoned professionals, emergency manage rs, and experienced public safety, and emergency services subject matter experts. They are assisted by numerous support staff that include s Quality Assurance professionals and document reviewers, production managers and staff, and editors. Our staff is tra ined and well versed in National Incident Management System (NIMS)/S EMS, Incident Command System (ICS), National Response Framework (NRF), Emergency Support Functions (ESF), and well as keeping up with the current and latest trends in the industry. Dedicat ed to helping state and local governments plan for and recover from natural and human-caused disasters, our staff members offer a field-tested and proven methodology for emergency readiness, continuity planning, and disaster recovery.
Company Profile
Company Legal Name: Tetra Tech, Inc.
Corporate Address: 3475 East Foothill Blvd., Pasadena, CA 91107 Local Project Management Address: 1999 Harrison St., Suite 500, Oakland, CA 94612 Website Address: www.tetratech.com
Telephone: (510) 302-6300
Fax: (510) 433-0830
Company Legal Status: Corporation | State of Delaware
Name of the person who is authorized to make decisions
and represents the Company.
Jonathan Burgiel, Operating Unit President – Tetra Tech 321-441-8510 | [email protected]
Proposed Project Manager Bart Spencer (650) 324-1810 | [email protected] Number of Years in Business under Present Business Name: 56 years Total number of Employees 27,000
Number of Employees Working in California 250
Geographic Reach 450 offices worldwide; 25 offices in California Services Provided by Firm
Tetra Tech is a leading provider of consulting and engineering services. The Company supports government and commercial clients by providing innovative solutions for emergency management clients across the nation.
Revenue $3.5 billion (FY 2022)
Indicate the number of years of the firm’s experience in providing required, required, equivalent, or related
products and services:
40 Years
48 3
2. Project Team Description
Project Team Contact Information
Principal-in-Charge
Name: Christina Parkins, Director of Preparedness Services Phone: 678-775-3137
Email: [email protected]
Project Manager/
Primary Contact
Name: Bart Spencer, Project Manager
Phone: 650-324-1810
Email: [email protected]
Team Organization
Tetra Tech offers a cohesive team of nationally recognized practitioners and technical support in relevant disciplines aligned with the categories of this RFQ. Our staff includes first responders; former federal, state, and local emergency management staff; and consultants who have been at the forefront nationally in developing and implementing strategies and innovative solutions. Our team includes individuals who have led emergency services from all levels of response operations and who understand the importance of sound planning assumptions, real -time communication, well-coordinated plans, and decision-making.
Our team’s extensive experience leading organizations, shaping policy, successfully working with diverse stakeholders and elected leaders, and leading responses and long-term recovery efforts resulting from some of the most notable incidents and disasters in our nation’s history provides our team with insights not easily gained and ensures an in- depth knowledge of smart practices and the ability to provide clients with achievable, customized solutions.
Team Structure
The team that we have proposed for this project will
be led by Mr. Bart Spencer. He will be assisted by
experienced emergency services professionals who
understand the entire emergency management
cycle and can support preparedness, response,
recovery, mitigat ion, and resilience activities . They will focus on creating work products and service
deliveries that are both practical and useful,
providing clear and actionable direction. Tetra Tech has assembled a team for this project that can support planning, training, exercise, and staff augmentation activities . Key Team members are listed below with resumes provided in Appendix A. These key staff members are supported by our more than 200 emergency management professionals allowing our team to be as nimble as necessary to support the City.
Local Project Manager –
Mr. Bart Spencer is a senior program manager providing emergency management services for public sector clients, with more than 35 years of experience in public safety and emergency service. Mr. Spencer, who is Bay Area based, currently manages several projects and teams for California -based clients. Mr. Spencer has 49 4
been involved with and responded to disasters that include floods, fires, wildfires, earthquakes, and tornadoes. He is also extensively experienced and credentialed in emergency plans, working with various municipalities around the State including Redwood City, San Carlos, Half Moon Bay, Tracy, Roseville, San Mateo, and Sacramento Counties and hazard mitigation, having led the planning and coordination of several Hazard Mitigation Plan Updates for various jurisdictions in California, including the State of California, City of Concord, City of Los Angeles, City of Roseville, San Mateo County, Tri-Valley, City of Long Beach, Metropolitan Water District, Sonoma County, and the City of Oakland, among others.
Key Personnel – Listed below are the proposed key staff personnel, the number of years with Tetra Tech , and the number of years in the emergency management industry.
Organizational Structure
Exhibit 1: Proposed Organization Chart
50 5
Name/Project Role Bart Spencer, MA – Project Manager
Years of Experience 35+
Years with the Firm 5
Mr. Spencer with more than 35 years of public safety and emergency services, heads up Tetra Tech’s emergency management services in the West. During his career , he has responded to various incidents including wildfires, floods, tornados, and structure fires, among others. He has also served as an emergency manager at both the city and county levels. As a senior project mana ger, Mr. Spencer oversees teams and projects that include emergency plans, hazard mitigation plans, and debris management plans. His project leadership includes services for Cities of Tray, Redwood City, San Carlos, Half Moon Bay, and Oakland; San Mateo, Sacramento, Sonoma, and Monterey Counties; Tri-Valley (Dublin, Livermore, Pleasanton, Dublin San Ramon Services D istrict). His certifications include FEMA ICS 100,200,300,400,700,800; Professional Development Series; HSEEP; among others. He has led, participated in, and evaluated various trainings and exercises, and worked in EOC activations.
Name/Project Role Christina Parkins, MA, PCP – Project Principal Years of Experience 18
Years with the Firm 8
Ms. Christina Parkins is an emergency management professional with over 1 8 years of experience helping communities increase their preparedness posture and community resilience. She has served in the principal, program manager, project manager, and lead planner role for projects focused on helping public and private sector entities address complex concerns and integrate the voices of their stakeholders and community. Ms. Parkins is an experienced project manager, having managed projects at both the local government level and for Tetra Tech clients. She is also a skilled facilitator and has led projects that bring together multiple stakeholder groups to develop strategic planning products. Ms. Parkins began her career with the Charlotte, NC Fire Department managing the regional homeland security program, before transitioning to Tetra Tech. Since joining the company, Ms. Parkins has managed large projects for clients, including Amtrak; the City of Houston, TX; Harris County, TX; Miami-Dade County, FL; and the Central Florida Regional Transportation Authority (dba LYNX). Throughout her career, Ms. Parkins has worked with municipalities, counties, states, and private sector clients to develop actionable products that exceed the customer’s expectations.
Name/Project Role Brian Rutherford - Planning
Years of Experience 23
Years with the Firm 8
Mr. Brian Rutherford is a senior planner with over 2 3 years of emergency management experience. His areas of expertise include disaster debris management, continuity of operations, emergency planning, mitigation, and recovery. Mr. Rutherford has been involved in a wide range of emergency management planning and response projects. Some of these include disaster debris management planning and response, public health emergency plan development, continuity of operations planning, infectious disease planning, plan assessments, public information plan development, hazard mitigation planning, hurricane planning and response, wildfire response, flooding response, training design, and meeting facilitation. Mr. Rutherford is also experienced in the design and evaluation of exercises following Homeland Security Exercise and Evaluation Program (HSEEP) principles. During his career, he has responded to various disasters including hurricanes in Texas and Florida as well as numerous wildfire recovery efforts in California.
51 6
Name/Project Role Lisa Danner - Planning
Years of Experience 35+
Years with the Firm 8
Ms. Lisa Danner brings over 35 years of emergency management preparedness, mitigation, and response experience.
Ms. Danner is a subject matter expert in hazard mitigation planning (HMP); hazard identification and risk assessment (HIRA); threat and hazard identification and risk assessment (THIRA); emergency operations planning; continuity of operations (COOP) planning; access and functional needs planning; NIMS; ICS; as well as Homeland Security Exercise and Evaluation Program (HSEEP) training and exercises. Ms. Danner has managed a wide range of planning initiatives for clients across the nation. Before becoming a consultant, Ms. Danner served as the Emergency Management Director for Watauga County, NC where she manage d the response to nine Presidentially Declared Disasters. Ms.
Danner has been serving in various project management roles as a consultant for 18 years ranging supporting a portfolio of transportation organizations and local, state, and Federal government c lients. She is a certified EMAP Assessor and has assisted both State and local agencies with obtaining certification and ensuring compliance for reaccreditation purposes.
Name/Project Role Rob Flaner, CFM - Planning
Years of Experience 28
Years with the Firm 20
Mr. Flaner, CFM, manages emergency management/hazard mitigation projects, working primarily with states and local governments responding to Federal Emergency Management Agency (FEMA) program requirements. Mr.
Flaner is an experienc ed mitigation planner who regularly leads clients through risk assessments, benefit -cost analysis, and mitigation program development. Mr. Flaner developed a comprehensive background in floodplain management while administering the Community Rating System (CRS) under contract with FEMA. Mr. Flaner was responsible for coordinating CRS objectives between state, local, and federal entities in a nine -state territory that spanned three FEMA Regions. During his tenure with the CRS program, he was able to develop strong working relationships with his federal, state, and local partners. Since its inception, the CRS has developed into a template for sustainable floodplain management that can be used at the local level to give their program’s direction.
Name/Project Role Sara van der Capellen, MPH, MBCP, MEP – Training & Exercises
Years of Experience 20
Years with the Firm 9
Sara van der Capellen, MPH, MBCP, MEP has 20 years of experience developing programs focusing on public health preparedness and response, business continuity, and emergency management. As part of the COVID -19 response, Ms. van der Capellen has led the rest ructuring of Tetra Tech’s Corporate Business Continuity Program; is actively engaged in providing executive -level epidemiological consulting and guidance for Fortune 500 companies , and oversees county-level pandemic planning and continuity operations. She manages a diverse portfolio of emergency management and community resilience programs that focus on high- consequence infectious diseases; continuity and resiliency; health and safety; medical countermeasures; resource management; multi-patient management; and emergency/department operations centers. Ms. van der Capellen earned a Master of Public Health (MPH) from Yale University in Microbial Disease Epidemiology. She is also certified by DRI International as a Master Business Continuity Professional (MCBP) and by FEMA as a MEP.
52 7
Name/Project Role Steve Dillon, MEP – Training & Exercises Years of Experience 35
Years with the Firm 14
Mr. Dillon, MEP has over 35 years of concurrent experience as an emergency management preparedness planner, training and exercise program administrator, exercise designer and facilitator, and as a law enforcement officer and first responder. Mr. Dillon has supported response to numerous incidents of National, Regional, State , and Local significance serving in a variety of roles including Public Information Officer, Search and Rescue Team Leader, tactical officer, All Hazards Operations Chief, Logistics Chief, Planning Section Chief, Liaison Officer, and Resource Unit Leader.
He presently serves on the Ohio All Hazard Type III IM T and the Ohio IMT Technical Advisory Committee Sub Committee on training and credentialing. Additionally, he is experienced in the design of Emergency Operations Plans and Supporting SOGs and SOP s. In May of 2010, Mr. Dillon was awarded Master Exercise Pr actitioner certification from the FEMA Emergency Management Institute. He is a certified ICS L449 Trainer and was recognized by the Center for Domestic Preparedness for his ICS training efforts. He is a FEMA EMI certified PIO, Safety Officer, Resource Unit Leader, Situation Unit Leader, and Logistics Section Chief trainer as well as a certified HSEEP Trainer.
Steve has delivered emergency management courses and supported exercise programs internationally, in numerous states, and for diverse local, state, and federal agencies and private entities.
53 8
3. Relevant Experience
Summary of Qualifications and Credentials and Experience EOC/Disaster Preparedness/Gap Analysis
Tetra Tech brings extensive experience working within Emergency Operation Centers (EOC) during the time of disaster. Many of our team members have not only served as EOC Managers but have supported operations as a member of an Incident Management Team (IMT) or in a Command or General Staff role. Our Project Manager is a seasoned Emergency Manager having worked for many years both in the field of fire and EMS and for both city and county governments in emergency management administration, operations, and activations. Our team’s familiarity with SEMS’s mission, operations style, roles, and responsibilities will enable the team to evaluate EOC operations and establish rapport with engaged stakeholders engaged.
Using this knowledge and experience, our team will support the City by conducting program gap analysis for EOC operations, disaster preparedness, and other emergency management functions. Our team has completed similar assessments for clients across the nation, including in California. For each engagement, we work with our clients to understand their capabilities, identify potential capability gaps and areas for operational improvements, and capture best practices that should be included in planning documents. We compare this information against national standards and best practices to help our clients strengthen their emergency management programs.
Regular Staff Training Program
While it is very important to ensure plans are up-to-date and include current guidance and best practices, it is equally important to train on these plans . This helps staff and stakeholders understand their roles and responsibilities, particularly with emergency operations, response, and recovery plans. This may include offering in-person offerings or possibly conducting training online and recording it so people can watch at an appropriate time that fits their needs. Tetra Tech recognizes that reporting to an EOC c an be intimidating for people who are not familiar with or regularly engaged in emergency management or response and ar e prepared to help the City develop a comprehensive training program.
To
develop training, Tetra Tech implements the Systems Approach to Training (SAT), which is the FEMA -preferred tool for developing and updating emergency management training programs. The program consists of the following sequential phases summarized by the acronym ADDIE (Analyze, Design, Develop, Implement, Evaluate):
• Phase 1: Analyze
• Phase 2: Design
• Phase 3: Develop
• Phase 4: Implement
• Phase 5: Evaluate
The ADDIE model allows Tetra Tech to develop engaging and interactive training that is focused on the City’s operating environment and the roles that each of its Exhibit 2: ADDIE Model
54 9
departments will need to perform before, during, and after a disaster occurs. Using this model, Tetra Tech will design training courses that will empower the end user to understand their operations and support roles and responsibilities as outlined in the City’s plans . Training offerings will be focused on develop ing an engaging training environment for adult learners, implementing the training through in-person, virtual, or computer-based delivery, and evaluating its effectiveness through participant feedback. Our team will work closely with the City to identify the audience for training and focus on the delivery method to allow for the widest possible participation.
EOC Exercises
Our experienced team includes Master Exercise Practioners (MEP) and Homeland Security Exercise and Evaluation Program (HSEEP) trained individuals who have extensive experience supporting local, state, and Federal clients with developing exercises based on a no-fault learning environment.
Tetra Tech’s experience with HSEEP is extensive and ranges from local-l evel drills to national -level, multi -day full -scale exercises with dozens of stakeholders and thousands of participants. This includes developing HSEEP- consistent exercises for dozens of metropolitan regions across the U.S. Tetra Tech understands how to utilize the HSEEP process to drive objective - oriented outcomes while still providing flexibility to evolving client needs.
Tetra Tech is well -versed in coordinating multiple, simultaneous planning efforts and complex exercises. W
e develop progressive exercise series to
validate capabilities in the areas of EOC operations, transportation, cyber security, public health, hazardous materials response, natural hazards, terrorism, and recovery.
Tetra Tech understands that the City wishes to conduct a t abletop exercise (TTX) in October. Building on experiences from conducting training and exercises in California and around the country, our project team with work with City officials to schedule trainings well in advance of the selected exercise date. Drawing from HSEEP guidance, Tetra Tech will assist the City by selecting a plausible scenario for the TTX that allows for interaction and understanding as well as opportunities to pause and allow participants to ask questions.
Tetra Tech’s current work with the City in updating its hazard mitigation plan provides a unique understanding of what some of the hazards and risks that could be used as an exercise scenario.
Plan Development and Maintenance
Tetra Tech believes that a successful planning process should be organized and include multiple opportunities for stakeholder input. The outcomes should be clear and understandable to a reader who was not involved in the development process. For all planning projects, Tetra Tech implements the CPG-101 Planning Process. This proven model outlined in the six steps below allows for greater stakeholder input and buy- in for the final product.
Stakeholder involvement in the plan development process is key to the successful acceptance and implementation of any plan.
Exhibit 3: HSEEP Cycle
55 10
Exhibit 4: National Plan Development Process (NPDP) Model
The approach outlined below provides an overview of how Tetra Tech and our partners will address the activities involved in plan development.
Form a Collaborative Planning Team
Tetra Tech will begin all planning task orders by working with the City’s project sponsor to identify personnel who will serve as the Planning Team. The Planning Team should include a mix of participants, including senior leadership (
or those who can make decisions with the authority of a member of leadership), subject matter experts, and persons who will be tasked with implementing the plan should it be activated. This helps not only to provide a spectrum of perspectives but also to ensure that plans meet the needs and requirements of the organization. As possible, the Planning Team should also include stakeholder partners and private sector entities who may be asked to support implementation (e.g., Amer ican Red Cross for Shelter Planning, Mental , and Behavioral Health for Critical Incident Stress Management Planning, etc.) so that they can speak to their available resources to meet assigned roles and responsibilities.
Understand the Situation
Once the Planning Team is designed, Tetra Tech will work with them to understand what planning documents and assessments have already been completed that are relevant to the plan being developed. We will review the relevant documents, as well as identify national s tandards, statutory requirements, and best practices that should be addressed in the plan. The plan assessments and analysis will be consolidated into plan review matrices, checklists, and/or Findings Reports (depending upon what the project team determines is the most appropriate way to present the findings) and presented to the Planning Team. Using this analysis, we will confirm with the Planning Team the task, purpose, and scope of the planning effort.
Determine Goals & Objectives
Tetra Tech will work with the Planning Team to set the goals and objectives for the plan document. This will include determining information including:
• The desired end state should the plan be activated and how this end state would be achieved • Conditions under which the plan would be activated
• Responsible parties involved in plan activation and implementation and the roles they would likely fulfill • Statutory requirements that the plan must address or follow This will be used to develop SMART (Specific, Measurable, Achievable, Relevant, Time -Bound) goals and objectives for the plan. The goals and objectives will be affirmed by the Planning Team before the plan development commences.
56 11
Plan Development (Develop ConOps)
Once the goals and objectives are determined, we will work wit h the Planning Team to outline and document the Concept of Operations (ConOps) that details how the plan will be activated, anticipated activities and outcomes during plan implementation, and how the return to the desired end state will be achieved. This will vary depending on the threat or risk being addressed by the plan, stakeholders, available resources, and logistical support. When developing the ConOps, we will assess:
• How to maximize capabilities and resources against a threat while protecting resour ces and minimizing collateral damage
• How to develop a shared vision of the operation across responsible parties • The most effective way to anticipate events
• How to implement a thorough risk management process
• The conditions and resources required for success
• When and where to apply capabilities and resources for flexibility to meet unforeseen events • How to focus intelligence on threat strengths, weaknesses, desired end state, and decisive points Once this information is determined, we will begin to dev elop the planning document. Throughout the development, our team will work closely with the Planning Team to provide progress updates and opportunities for reviews. Plans, such as Hazard Mitigation, may require the input of the community during the planning process. In such cases, we will work with the Planning Team to identify the most appropriate ways to collect information, be it through conducting Town Hall meetings (virtual and in- person), using online surveys, and/or providing a public comment period. Draft and final versions of the plan will be presented to the Planning Team for review and comment before plan implementation.
Plan Implementation and Maintenance
All plans will include a section that addresses how the plan will be implemented and maint ained. Best practice has taught that plans should be reviewed at a minimum once every three years. We recommend this cycle, along with reviews any time the plan is activated. At the end of plan development, we will work with the Planning Team to recommend potential training and exercise activities that should be considered to acclimate users to the plan, educate users about their roles and responsibilities in the plan, and identify ways to strengthen the plan and integrate new technologies and capabilities as they come online.
California Based Experience
The table below provides a sample of our experience performing similar work within the past five (5) years. Below this table, we have provided profiles describing some of our California projects that are sim ilar in scale and complexity to the scope described in the RFQ.
57 12
Exhibit 5: Selected California-Based Work Experience
California Client Project
City of Redwood City
• EOP and Annex Update
• EOC Audit
• Training and Exercises
• Hazard Mitigation Annex Development (twice)
• COVID Assessment Report
• Grant Support and Supplemental EM Support
• CERT Program Management
City of Tracy
• EOP and Annex Update
• Continuity of Operations Plan (COOP) update
• Supplemental Emergency Management Services
City of San Carlos
• EOP and Annex Update
• Training and Exercises a nd Supplemental EM Support
• Hazard Mitigation Annex Development (twice)
City of Half Moon Bay • EOP and Annex Update
City of El Cerrito • EOP and Annex Update
City of Brisbane • EOP and Annex Update
City of Roseville • Emergency Operations Plan and COOP Plan • Hazard Mitigation Plan (4 times)
City of Los Angeles • Hazard Mitigation Plan (twice) and Flood Management Plan (twice) City of Palo Alto • Supplemental Emergency Management Services City of Oakland • Hazard Mitigation Plan
City of San Jose • Training and Exercise
Cities of Livermore, Pleasanton, and Dublin
and Dublin San Ramon Service District • Multijurisdictional Hazard Mitigation Plan (twice) San Mateo County
• EOP and Annex Update
• Multijurisdictional Hazard Mitigation Plan (twice)
• Disaster Debris Management Plan (DDMP) (2 plans)
• COOP Plan
Sonoma County
• COVID Mid-Operational Report and Improvement Plan
• Multijurisdictional Hazard Mitigation Plan
• Supplemental Emergency Management Services
• COOP Plan
Santa Clara County • Multijurisdictional Hazard Mitigation Plan Contra Costa County • Multijurisdictional Hazard Mitigation Plan (twice) Ventura County • Multijurisdictional Hazard Mitigation Plan San Diego County • COOP Plan
Marin County • DDMP Plan
Orange County • DDMP
Los Angeles County • COOP Plan and Flood Management Plan Riverside County • Preparedness Plan
State of California • Statewide Multi-hazard Mitigation Plan 58 13
Current Work with the City of Dublin
Tetra Tech is currently working with Dublin in collaboration with the cities of Livermore and Pleasanton and Dublin San Ramon Services District in updating the group’s Multijurisd ictional Hazard Mitigation Plan (Tri- Valley Hazard Mitigation Plan). Tetra Tech provided this group with the same services five years ago.
Bart Spencer, the proposed manager for this project, is currently serving as the project lead for the mitigation update and has a strong working knowledge of its participants, including the City of Dublin.
Example California Projects
Tracy, CA. The City engaged Tetra Tech to assist in the development of its emergency management program which included updating the City’s outdated EOP and Annexes. Following the completion of the update Tetra Tech is working with the City to update its Business Continuity Plan, provide additional training and exercises, and supplemental emergency management services.
Redwood City and San Carlos, CA . Over the years Tetra Tech has supported both the City of Redwood City and the City of San Carlos in various emergency management projects. Redwood City provides fire and emergency management services to San Carlos. Both cities contracted with Tetra Tech to update their respective EOPs and Annexes, assess their existing programs, a nd
provide additional support and service including training and exercises. Additionally, Tetra Tech provides management and operational support for the Redwood City CERT program.
Half Moon Bay, CA. The City is located on the California Coast in San Mateo County and has, at times, experienced limited acc ess to necessary resources. Following the completion of Tetra Tech’s multijurisdictional hazard mitigation plan update for San Mateo County, Half Moon Bay selected Tetra Tech to assist the City in updating its EOP. With the knowledge and information gained during the mitigation update process, Tetra Tech recognized some of the location al challenges the City faced. Tetra Tech worked with City staff and community leaders to provide the City with an updated and workable plan.
Additional Support Resources
Preparedness and Mitigation Services
Our project team is fully supported by an easily accessible cadre of professionals in every facet of emergency management, including law enforcement, fire service, mass care, public information/warning, and whole community planning.
In addition to our portfolio of qualified subject matter experts, Tetra Tech’s Project Team has the support of our administrative staff, each with highly specialized skills. Additionally, Tetra Tech maintains support staff to assist with the non-technical aspects of each project. Administrative staff will support the Tetra Tech Project Manager with scheduling, document production, travel logistics, and other duties as assigned. While many of these tools are invisible to the client, such as our financial management system, quality control procedures, internet-based surveys, and editorial capabilities, these tools can determine the difference between a successful project and a failure. This 59 14
network of support provides our project teams and clients with the necessary tools to ensure quality and customer satisfaction.
As a leading provider of emergency management planning services to local, state, and federal entities nationwide, our team possesses a wide range of experience developing actionable planning products. In addition to the services already requested by the City of Dublin, Tetra Tech offers these additional planning services:
• Commodity Points of Distribution (C-POD)
• Comprehensive Emergency Management
• Community Rating System (CRS)
• Continuity of Government
• Continuity of Operations
• Debris Management
• Departmental Emergency Response
• Emergency Operations Center
• Emergency Operations
• Emergency Support Functions
• Evacuation Plan
• Family Assistance and Reunification
• Hazard Mitigation
• Logistics and Resource Management Plans
• Mass Care/Surge Capacity
• Medical Dispensing
• Pre-Disaster Recovery
• Reception Processing
• Regional Catastrophic Planning
• Resilience
• Sheltering
• Standard Operating Procedures
• Threat and Hazard Identification Risk Assessments
• Threat/Hazard-Specific Plan
• Volunteer Management
Staff Augmentation Services
Tetra Tech has been conducting emergency management and technical consulting for clients for more than 35 years. Our team of experts consists of planners, assessors, engineers, and technical specialists who have dedicated their careers to public safety and emergency management. Their collective experience is based on both pre-disaster planning and post-disaster response and recovery operation working directly for local, state, and federal government or through consulting contract s. Our team’s size, stability, and ability to quickly adjust to fluctuating workloads enables us to undertake demanding, short-turnaround time projects, such as a potentially catastrophic disaster, and to administer the resources required for successful completion. We have successfully responded in force to wildfires, catastrophic floods, earthquakes, EF-5 tornadoes, the events of 9/11, and countless other incidents. We routinely support government clients with long-term recovery operations that linger long after the excitement of the event has passed. Tetra Tech is a national leader in disaster response, having served over 300 state and local government clients in response to over 90 declared presidential disasters. Our staff has the experience to begin operations in multiple EOC roles on day 1 of this contract.
Tetra Tech maintains a cadre of members dedicated to responding to our standby clients. Our work includes rapidly deploying professionals to support EOCs, logistic staging areas (LSA), FEMA’s Joint O perations Centers (JOC), or Forward Operating Bases (FOB). During response operations, Tetra Tech fulfills command and general staff positions or direct support to the mission. We routinely support the following activities:
• Planning Section support, including incident action plan (IAP), situation reports (SitRep), and geographic information system (GIS)/dashboard preparation
• Disaster logistics and resource management
• Finance/Administration section support
• Emergency Support Function administration
• Vaccine and testing center management, logistics, and administrative support 60 15
• Preliminary damage assessment
• Joint information system/center support
• Disaster operations management to include action officers, situation unit staff, and reports Tetra Tech’s tea m is composed of individuals who bring first -hand knowledge of state and local -level response operations. Our staffing mixture of local, regional, and national geographically based individuals ensures a quick response on a continual basis without the risk of having all of our personnel in the affected impacted area. All emergency management staff proposed to support EOC operations have earned ICS certifications, including ICS 300 and 400, and have direct EOC management and operations experience.
As a result of our involvement in most major response efforts occurring in the United States within the past decade, we have a deep understanding of how to manage a large -scale response and the components of an effective recovery. Our subject matter experts have been deployed to natural and human-caused disasters across the United States in support of our local, state, and federal clients. Whether it was serving as part of a wildfire team in a client’s EOC, conducting damage assessments in the field, or managing security or points of dispensing sites, our team is battle-tested under the most taxing of disaster circumstances.
Grant Management & Support Services
Tetra Tech is a national leader in the field of pre- and post-disaster recovery management. Our contracts with federal agencies and state and local governments are in diverse areas such as disaster recovery consulting and technical assistance; staff augmentation; community resilience; grant management; and emergency management planning and preparedness. We have worked closely with these agencies, recipients, and subrecipients on billions of dollars worth of projects to determine project eligibility and to provide technical assistance, detailed damage inspection reports, cost estimates, validation and testing, audit documentation, and process reimbursements. Our team also maintains strong relationships with many of the lead federal officers, state agency leadership, local governments, and other staff.
Our team brings together a unique combination of expertise from some of the largest and most complex disasters in U.S. history. Our extensive experience includes leading organizations, shaping policy, and successfully working with diverse stakeholders up to and including top elected leaders. Tetra Tech staff have led responses to some of the most notable incidents and disasters in our nation’s history. This real -world experience provides our team with valuable insight and ensures in-depth knowledge of best practices and the ability to provide clients with achievable, customized plans.
Exhibit 6: Tetra Tech has been activated for over 90 disasters, including:
30 Hurricanes 5 Ice Storms 6 Snowstorms 10 Floods 18 Fires
1 Biological Incident 17 Tornadoes 6 Tropical Storms 1 Drought 61 16
Throughout the course of the hundreds of grant management projects that our staff has administered for state and local governments across the U.S., our team has developed a deep understanding of local, state, and Federal policies and procedures. We commit to maintaining compliance with the applicable requirements in project operations and serving as a coach to the City to design and deliver compliant programs.
Tetra Tech’s FEMA reimbursement technical assistance consulting services involve providing guidance and technical assistance for project applications and programs for disaster reimbursement related to response and recovery efforts on behalf of our clients. Tetra Tech has far-reaching experience in assisting clients in post-disaster grant application, administration, program management, and project delivery, including direct experience with funding Categories A- G of the FEMA PA Program. Our team has extensive experience assisting local and state governments with navigating this process and works with officials to properly manage and document work that is eligible for federal fundi ng through FEMA programs. Our experience supporting clients with FEMA programs includes:
• FEMA PA Program
• Section 406 mitigation and Section 428 alternative
procedures program
• FEMA Hazard Mitigation Grant Program (HMGP)
• Section 404 mitigation
• FEMA Individual Assistance (IA) Program
• FEMA Flood Mitigation Assistance Program (FMA)
Tetra Tech’s grant administrators document eligible work in the field and organize such documentation in an audit- ready format for future review. This includes guidance requiring that grantees or subgrantees monitor the expenditure of funds and document such expenditures in a manner that will satisfy regulatory audits in the future.
This includes Section 3, Fair Housing, 2 CFR 200, and other Federal grant requirements.
62 17
4. Costs
Hourly Rate Schedule for Project Team
The exhibit below provides the hourly rates for staff supporting this RFQ. These rates are good for a term of three years. After that time, rates would need to be renegotiated. Rates a re not inclusive of other direct costs (printing, travel, etc.) and represent labor costs only.
Exhibit 7: Hourly Rates [1]
Title Hourly Rate
Subject Matter Expert $225.00
Project Principal $210.00
Senior Program Manager $198.00
Project Manager $185.00
Public Assistance Supervisor $175.00
Senior Planner/Trainer/Facilitator/GIS $175.00
Senior Public Assistance Consultant $162.00
Planner/Trainer/Facilitator/GIS III $160.00
Planner/Trainer/Facilitator/GIS II $135.00
Planner/Trainer/Facilitator/GIS I $115.00
Consulting Aide/Financial Manager $110.00
[1] The hourly rates are fully burdened to include all applicable overhead and profit. Approved non-labor expenses shall be invoiced as follows: (1) travel expenses including airfare and car rental shall be invoiced at cost without mark-up; (2) lodging shall be invoiced up to the per diem rate according to the General Services Administration (GSA) rates established at www.gsa.gov (3) meals and incidentals shall be invoiced at the GSA per diem rate (receipts are not required); (4) mileage shall be invoiced at the federally published rate; and (5) other required non -labor expenses as may be applicable to the project and pre-approved by the City shall be invoiced at cost without mark-up.
Cost Estimate for Scope Items
The following cost estimates are for the services outlined in the RFQ Scope of Services. These are provided for estimate only and should be considered non-binding. Actual costs will be negotiated at the time of task order based on the requested programmatic support.
63 18
Exhibit 8: Cost Estimate for EOC/Disaster Preparedness/Gap Analysis Role Estimated Hours Cost
Project Manager 20 $3,700.00
Planner III 64 $10,240.00
Planner II 32 $4,320.00
Consulting Aide 16 $1,760.00
ODCs $0.00
Total $20,020.00
Exhibit 9: Regular Staff Training Program [3]
Role Estimated Hours Cost
Project Manager 40 $7,400.00
Facilitator III 64 $10,240.00
Facilitator II 40 $5,400.00
Consulting Aide 16 $1,760.00
ODCs $4,000.00
Total $28,880.00
[3] Cost estimate assumes in-person training delivery.
Exhibit 10: EOC Exercise [4]
Role Estimated Hours Cost
Project Manager 64 $11,840.00
Facilitator III 40 $6,400.00
Facilitator II 80 $10,800.00
Consulting Aide 16 $1,760.00
ODCs $4,000.00
Total $34,800.00
[4] Cost estimate assumes in-person exercise delivery.
Exhibit 11: Plan Development and Maintenance [5]
Role Estimated Hours Cost
Project Manager 40 $7,400.00
Planner III 88 $14,080.00
Planner II 160 $21,600.00
Consulting Aide 24 $2,640.00
ODCs $4,000.00
Total $49,720.00
[5] Cost estimate assumes in-person planning meeting options.
64 19
5. References
Tetra Tech is proud of our reputation in the emergency management market. That reputation is built on providing outstanding customer service and delivering high- quality work products. More than 80 percent of Tetra Tech’s business is attributable to repeat customers, which is indicative of the value we place on building long -term relationships with our clients, adding value to the projects and programs we implement for them, and working in partnership to deliver solutions to complex issues. Tetra Tech encourages the City to contact the references provided below. As an organization, we stand behind our work and are confident that the feedback received will provide a positive evaluation of our timeliness, cost control, project management, and overall performance.
Project Name: Emergency Management Program Support
Client: San Mateo County, CA Department of Emergency Management Address: 501 Winslow St. County Ctr. Redwood City, CA 94063 Redwood City, CA 94063
Contact Name: Dan Belville, Director
Contact Information: (650) 363-4118 | [email protected] Emergency Operations Plan (EOP) and Annex es Update 2021 – Present ($110,000); County Disaster Debris Management Plan 2021 – 2022 ($95,000), Municipalities Disaster Debris Management Plan 2018 – 2019 ($95,000); Multi-jurisdictional Hazard Mitigation Plan 2020 – 2021 ($200,000); Multi-jurisdictional Hazard Mitigation Plan 2015 – 2016 ($175,000)
Project Name: Emergency Management Program Support
Client: City of Tracy/South San Joaquin County Fire Authority Address: 835 N. Central Ave. Tracy, CA 95376
Contact Name: Chris Martin, Division Chief
Contact Information: (209) 831-6700 | [email protected] EOP and Annexes Update 2020 – 2022 ($56,000) ; Negotiating new contract that will address – Training and Exercises; Continuity of Operations Plan (COOP); EOC Audit.
Project Name: Emergency Management Program Support
Client: City of Redwood City, Office of Emergency Management Address: 755 Marshall St. Redwood City, CA 94063
Contact Name: David Pucci, CEM, Deputy Chief and Emergency Manager Contact Information: (650) 780-7400 | [email protected] EM Program Support (EOP and Annex Update; Training and Exercises; EOC Audit) 2021 – Present ($200,000); COVID- 19 After-Action Assessment 2020 ($15,000); Hazard Mitigation Plan Support 2020 – 2021 ($15,000)
65 20
6. Standard Agreement Confirmation
Tetra Tech, Inc. does not have exceptions to the standard agreement. 66 21
Appendix A: Resumes
67 EXPERIENCE SUMMARY
Mr. Spencer, with more than 35 years of experience in public safety and emergency service, is a senior project manager providing emergency management services for public sector clients. Prior to joining Tetra Tech, Mr. Spencer was the Emergency Services Ma nager for the City of Burlingame, Town of Hillsborough, and Central County Fire Department . During that time, he updated the joint Emergency Operations Plan (EOP) and Continuity of Operations Plans (COOP) and drafted an Emergency and Crisis Communication P lan. He served as the countywide project manager for the San Mateo County Hazard Mitigation Plan that engaged 30 jurisdictions. His also led the effort to update the Emergency Operations Center position description and job-aids.
RELEVANT EXPERIENCE - PREPAREDNESS
Emergency Operations Plan Update | San Mateo County, CA The County engaged Tetra Tech to update its Emergency Operations Plan and various hazard specific annexes to better align with current guidance, state requirements, and best management practi ces. Mr. Spencer coordinated project efforts overseeing a team of emergency management planners and met with various identied county leaders in collaboration of this project.
Comprehensive Emergency Management Plan Update | North Bend, WA Mr. Spencer led a team to oversee the project; he met with local officials to coordinate collaborative efforts and to ensure the deliverables me both state and federal requirements as well as incorporating current best practices.
Emergency Operations Plan Update | Cities of Redwood City and San Carlos, CA
In their effort to better collaborate on emergency services projects the cities joined efforts to update and align their EOPs and other emergency management programs.
Mr. Spencer led a team to oversee the project; he met with city officials to coordinate collaborative efforts and to ensure the deliverables me both state and federal requirements as well as incorporating current best practices.
COVID After Action & Improvement Plan | Sonoma County, CA Sonoma County experienced multiple simultaneous incidents – COVID, wildfire, heat wave, and power shutdowns – Tetra Tech was engaged to conduct an assessment of EOC activation and countywide interaction with municipalities and special districts.
The project included assessing 5 specific focus areas: 1) Operational Coordination, 2) Public Information and Warning, 3) EOC functions, 4) County COOP Operations, 5) EOC and Health Services DOC Coordination. Mr. Spencer served as projected manager. He and his team were tasked with collecting feedback through interviews and surveys; reviewing data and reports; and drafting summary assessment reports and considered the impact to the whole community. . Tetra Tech wrote the final assessment report and improvement pl an using the same five focus areas. Multiple action items were assigned to each of the five areas. Mr. Spencer also presented the Board of Supervisors with a summary report at one of its meetings.
Bart Spencer
Project Manager
Areas of Expertise
Emergency Planning
Incident Management
EOC Staff Development and Training
Exercise Design
EOC Design and Function
Hazard Mitigation Planning
Registrations/Affiliations
International Association of
Emergency Managers
California Emergency Services
Association
San Mateo County Emergency
Managers Association
KEY Training/Certifications
Incident Command System 100-400
FEMA Professional Development
Series
HSEEP
SEMS - Instructor
NIMS IS-700
NIMS IS-800
Additional FEMA certification
Education
MA (honors) Santa Clara University
BA, Rhodes College
EMT & Paramedic, Southwest
Tennessee College
Germantown Fire Academy
68 Résumé Bart Spencer
COVID/EOC Activation After Action Report & Improvement Plan | Monterey County, CA Tetra Tech was selected in each jurisdiction to conduct AARs/IPs following EOC activations to manage the upsurge during the initial and intermediary COVID response. Mr. Spencer managed each project and team. Team members engaged EOC participants and other stakeholders through interviews and surveys and reviewed plans and documentation in order to develop assessment reports. Mr. Spencer collaborated with designated staff in order to develop workable improvement plans. Because of its size and diversity in population and groups, considerations were given to address specific cultural and diversity challenges.
Plans and reports followed HSEEP guidance. Mr. Spencer presented the final plan to a Board of Supervisors.
Emergency Operation Plan Update | Half Moon Bay, CA
Following the completion of the County’s Multijurisdictional Hazard Mitigation Plan, Half Moon Bay requested Tetra Tech to update its EOP and Annex and conduct trainings for EOC staff personnel. Mr. Spencer was tasked to manager the project overseeing a team to ensure a customized, workable and compliance document.
Emergency Management Services | Palo Alto, CA
Mr. Spencer serves as the project manager overseeing a team that provides supplemental emergency management services to the City. These projects have included community outreach and presentations, debris management assessments, developing and reviewing emergency and recovery planning efforts, and post-disaster assessments Disaster Debris Management Plan (Part 2) | San Mateo County, CA San Mateo County tasked Tetra Tech with developing a post-disaster debris management plan. The project included interacting with municipalities developing their responsibilities following a disaster, ensuring FEMA compliance, and orientating le aders and stakeholders on their responsibilities. During this year long process Mr. Spencer managed a team and coordinated efforts that included interacting overseeing plan development and production, and meetings, trainings and plan orientation.
Emergency Operations Plan Update | Tracy, CA
The City engaged Tetra Tech to update its emergency plan. Mr. Spencer orchestrated the project and lead a team who reviewed existing material, researched applicable guidance and standards, and interviewed staff in order to provide the City with a useable and compliant plan. Delverables also included EOC position descriptions, city department resposnsibilities, EOP orientation and additional trainings. The plan was cross-walked for compliance with federal, county and state standards.
Disaster Debris Management Plan | San Mateo County, CA
San Mateo County tasked Tetra Tech with developing a post-disaster debris management plan. The project included interacting with several county departments developing their responsibilities following a disaster, ensuring FEMA compliance, and orientating leaders and stakeholders on their responsibilities. During this year long process Mr. Spencer managed a team and coordinated efforts that included interacting overseeing plan development and production, and meetings, trainings and plan orientation.
EOC Tabletop Exercise | City of San Jose and Santa Clara Valley Water District, CA Following significant flooding during the previous winter, Tetra Tech assisted the City and Water District in updating related Emergency Action Plans. Tetra Tech also coordinated training efforts on these plans and conducted a tabletop exercise to EOC staff. Mr. Spencer served as project lead and spearheaded efforts in developing the HSEEP compliant After Action Report and Improvement Plan.
Emergency Operations Plan Update | Brisbane, CA
Coordinated the updating of the Emergency Operations Plan which included the 2017 NIMS guidance and develo ped Emergency Operation Center improvements for the City of Brisbane, California. Mr. Spencer interacted with city officials and other local government leaders to ensure collaboration between the City of Brisbane and San Mateo County. 69 E XPERIENCE SUMMARY
Ms. Christina Parkins is a Principal Emergency Management Consultant with extensive experience in the development and management of preparedness, response, and recovery programs. Ms. Parkins serves as a program manager, project manager, lead planner, and facilitator for many of Tetra Tech’s clients in both the public and private sector. She serves as the Emergency Management, Risk, and Resilience Director of Preparedness Services.
Ms. Parkins has developed operational and response plans for daily operations and large-scale incidents, including Comprehensive Emergency Management Plans, Emergency Operations Plans, Emergency Operations Center Plans, Incident Action Plans, Continuity of Operations/Continuity of Government plans, Family Assistance Center, and Pre-Disaster Recovery plans. In addition to her planning experience, she has developed and facilitated training courses as well as HSEEP compliant tabletop, functional, and full -scale exercises for first responder agencies, transit agencies, and private sector clients.
FEATURED RELEVANT EXPERIENCE
Project Manager
Massachusetts Bay Transit Authority (MBTA) ׀Emergency Management Planning, Training, and Exercise Support
Ms. Parkins is serving as the Project Manager for Tetra Tech’s work with the MBTA to conduct vulnerability and flood focused threat assessments, develop a Comprehensive Emergency Management Plan (CEMP) , and conduct training and exercise activities to test the plan. Ms. Parkins is overseeing the project and will serve as a lead author for the CEMP and lead facilitator for the training and exercises.
Project Manager
NC Office of Recovery and Resiliency (NCORR) ꞁ Regional Resilience Profiles Ms. Parkins served as the Project Manager overseeing the development of four (4) regional resilience profiles for communities across the North Carolina coastline. The regions include the Cape Fear Council of Governments, Eastern Carolina Council of Governments, Mid -East Comm ission, and Albemarle Commission. Ms. Parkins managed a team of consultants who are working directly with stakeholders in local government, education, and non -profits (among others) to identify climate change threats and vulnerabilities for the regions and then developing adaptation and mitigation projects to address the identified concerns. Ms. Parkins served as the primary point of contact (POC) for the NCORR leadership throughout the life of the project and support outreach and coordination efforts as needed.
Project Manager
Los Angeles World Airports (LAWA) ꞁ Triennial Air Exercise (AIREX) Ms. Parkins is serving as the project manager and lead planner for LAWA’s Federal Aviation Administration (FAA) required triennial AIREX in s upport of the Airport’s Emergency Management Department. Ms. Parkins is supporting the planning team with developing HSEEP compliant exercise documentation and will oversee a team of Christina Parkins, MA, PCP
Principal In Charge
18 YEARS OF
EXPERIENCE
Area of Expertise
Project Management
Training and Exercises
Preparedness Planning
Response and Recovery Planning
COOP & COG Planning
EOC Operations
Transit Safety and Security Operations
Grant Management
Grant Experience
Urban Areas Security Initiative
Transit Security Grant Program
Federal & State Full Funding Grant
Agreement
Assistance to Firefighters Grant
Training/Certifications
FEMA Professional Continuity
Practitioner
Planning Section Chief
Incident Management Team
Public Information Officer Basic
Incident Command System (ICS) 100,
200, 300, 400, 700, 800
Federal Emergency Management
Agency (FEMA) Exercise Design
Education
University of Kentucky
Master of Arts, National Security, 2004
Gardner-Webb University
Bachelor of Science, International
Business, 2003
70 Résumé Christina Parkins
2 three evaluators who will support exercise conduct and After Action Report (AAR) development.
Development and Facilitation Lead
Northern Virginia NOVA Family Assistance Center (FAC) Training Ms. Parkins is serving as the development and facilitation lead for a family assistance planning training offering for the Northern Virginia (NOVA) planning group. Ms. Parkins is leading the effort to develop a two day in -person training offering to assist local and regional agencies to develop a family assistance plan. Ms. Parkins will also serve as the facilitator for the pilot offering of the training.
Project Manager
Harris County, TX ꞁ First Responder Resource Study
Ms. Parkins is serving as the project manager for a study assessing the capabilities of the first responders supporting the County and its unincorporated areas. The study looks at the County’s resources during Hurricane Harvey, what capabilities have been built since, and will make recommendations for ways to support continued growth across the County.
Onsite Planner
Harris County, TX | Recovery Staff Augmentation for February Winter Storms (DR-4586) Ms. Parkins provided onsite support for the Harris County Office of Homeland Security and Emergency Management’s (OHSEM) recovery efforts from the February 20 21 Winter Storms. Ms. Parkins helped to develop reporting templates and streamline reporting processes for the Recovery Support Function (RSF) leads. She also served as the lead for producing daily Situation Reports (SitRep) and provided input into ways to reorganize the SitRep templat e. She also supported the development of the template and completion of the weekly Recovery Summary Report for the County Judge’s Office. Ms. Parkins attended meetings on behalf of OHSEM and provided facilitation support as needed.
Project Manager
Harris County, TX | Unified and Uniform Program for Preparedness, Response and Recovery Ms. Parkins served as the Project Manager for Harris County’s effort to coordinate efforts between government, non- profit and faith based organizations in preparedness, response, and recovery operations in support of the traditionally underserved; to include, low-moderate populations, non-English speaking communities, and other vulnerable populations. The program’s goal was to create a uniform and unified program for addressing the needs of the identified populations; coordinating efforts between government and non-profit and faith based service providers; diversifying partners throughout the disaster continuum and engaging communities in preparedness, response and recovery efforts. Ms. Parkins led the development of project deliverables including a strategic framework, community outreach toolkit, County Judge Advisory Council Charter, assessment of the Ready Harris website, program strategic vision and outreach tools that could be provided to the community to increase pre-disaster resilience.
Project Manager
City of Miami, FL | CCTA Gap Analysis
Ms. Parkins conducted a gap analysis review document to support the Miami region’s Complex Coordinated Terrorist Attack (CCTA) grant program. Ms. Parkins developed a gap analysis matrix that compares the region’s capability to prepare for, respond to, and recover from multiple terrorist attacks based upon the DHS Core Capabilities and anticipated response elements. To complete the matrix, Ms. Parkins conducted a documentation review looking at plans, policies, after action reports, etc. to determine gaps related to planning, organization , equipment, training, and exercising (POETE). She also conducted a meeting with the Regional Domestic Security Task Force (RDSTF) to facilitate the collection of regional data into the matrix. Ms. Parkins integrated the findings from the documentation rev iew and matrix responses into a report presented to the region’s subject matter experts to help them determine training and exercise activities that will aid the region in addressing the identified gaps. 71
1 EXPERIENCE SUMMARY
Mr. Brian Rutherford has over 20 years of emergency management experience. His areas of expertise include disaster debris management, continuity of operations, emergency planning, mitigation, and recovery.
Mr. Rutherford has been involved in a wide range of emergency management planning and response projects. Some of these include di saster debris management planning and response, public health emergency plan development, continuity of operations planning, infectious disease planning, plan assessments, public information plan development, hazard mitigation planning, hurricane planning and response, wildfire response, flooding response, training design and meeting facilitation. Mr. Rutherford is also experienced in the design and evaluation of exercises following Homeland Security Exercise and Evaluation Program principles.
Prior to join ing our team, Mr. Rutherford served as a public health planner for the Galveston County Health District in Texas. His responsibilities included coordinating public health preparedness activities, overseeing the county’s Strategic National Stockpile program, developing emergency plans, coordinating exercises, conducting training, and organizing conferences. While there, he also helped coordinate the public health response to several emergencies, including Hurricane Rita, Hurricane Humberto, and the BP explosion in Texas City.
Mr. Rutherford also held a position as an information specialist for the Texas Department of State Health Services, where he was responsible for coordinating responses to media inquiries, public health preparedness planning, and response to public health emergencies.
RELEVANT EXPERIENCE
Project Manager (February 2022 – April 2022)
Sarasota County, Florida | Disaster Debris Management Training Mr. Rutherford was the project manager and trainer in a project to train Sarasota County staff in planning, operations, public information, and continuity of operations in response to a debris generating disaster.
Project Manager (August 2020 – Present)
Marin County, California | Disaster Debris Management Planning Mr. Rutherford is managing a project to develop disaster debris management plans for Marin County, California, develop a disaster debris plan template for other counties in the region, conduct training and exercises.
Project Manager (July 2020 – Present)
Burleson, Texas | Disaster Debris Management Planning
Mr. Rutherford is managing a project to develop a disaster debris management plan and provide analysis of debris management sites for Burleson, Texas.
Project Manager (March 2020 – Present)
Brazoria County, Texas | Disaster Debris Management Planning Mr. Rutherford is managing a project to update the disaster debris management plan and provide analysis of debris management sites for Brazoria County.
Brian Rutherford
Planning/Analysis
20+
YEARS OF
EXPERIENCE
Areas of Expertise
Emergency Planning, Response and
Recovery
Continuity of Operations Planning
Debris Management
Hazard Mitigation
Regional Coordination
Training and Exercises
Public Health Preparedness
Infectious Disease Planning
Meeting Facilitation
Public Information
Key Training/Certifications
Professional Continuity Practitioner
FEMA Public Assistance Program and
Eligibility
FEMA Emergency Management
Institute: Personal Development
Series
Homeland Security Exercise
Evaluation Program
National Incident Management
System 700
Incident Command System 100, 200,
300, 400
National Response Plan 800
Debris Management
Fatalities Management
40 Hour HAZWOPER and refresher
Public Information
Hazard Mitigation
Education
Bachelor of Business Administration,
University of Houston-Downtown,
2002
72 Résumé Brian Rutherford
2 Project Manager (February 2020 – Present)
City of Culver City, California | Disaster Debris Management Planning Mr. Rutherford is managing a project to develop disaster debris management plans for the City of Culver City, California Project Manager (February 2020 – September 2020)
Walton County, Florida | Hazard Mitigation Plan Update Planning Mr. Rutherford managed a project to update the hazard mitigation plan for Walton County, Florida.
Planner (November 2019 – August 2020)
San Mateo County, California | Disaster Debris Management Planning Mr. Rutherford was the lead planner in a project to develop a disaster debris management plan for San Mateo County, California.
Consultant (October 2019)
Harris County, Texas | Disaster Recovery Housing Program Mr. Rutherford assisted in a project to assess the Community Development Block Grant – Disaster Recovery (CDBG-DR) housing program for Harris County, Texas in response to Hurricane Harvey.
Project Manager (March 2018 – Ongoing)
City of Bellevue, Washington | Disaster Debris Management Planning Mr. Rutherford is coordinating with Perteet, Inc. to develop disaster debris management plans and evaluate debris management sites to speed recovery from a debris generating incident for the City of Bellevue, Washington.
Planner (April 2018 – November 2018)
City of Miami, Florida | Disaster Debris Management Planning Mr. Rutherford assisted in a project to update the disaster debris management plan for the city of Miami, Florida. In additi on to updating the plan, Mr. Rutherford was also involved in developing a scope of work for debris removal contractors that will be procured to by the city following a disaster.
Planner and Facilitator (September 2019 – February 2020) Southeast Pennsylvania Regional Task Force | Tabletop Exercise Mr. Rutherford coordinated with Bucks County, Chester County, Delaware County, Montgomery County, and the City of Philadelphia, to develop and conduct a debris management tabletop exercise.
Trainer and Exercise Facilitator (September 2019 – December 2019) Metro Boston Homeland Security Region | Training and Tabletop Exercise Mr. Rutherford coordinated with the cities of Boston, Brookline, Chelsea, Cambridge, Everett, Quincy, Revere, Somerville, and Winthrop, to develop and facilitate training and conduct exercises in disaster debris management.
Planner (August 2019 – Ongoing)
City of Sugar Land, Texas | Hazard Mitigation Plan Update Planning Mr. Rutherford assisted in a project to update the hazard mitigation plan for the City of Sugar Land, Texas.
Project Manager (April 2019 – October 2019)
Debris Management Webinars and Workshop
Mr. Rutherford managed a project to develop two webinars and a workshop for the Houston – Galveston Area Council jurisdictions. The webi nars and workshop provide guidance in response to wildfires, tornadoes, and terrorism incidents. They also provided updates in Federal guidance, laws, and best practices in debris management. In addition, Mr. Rutherford prepared a report highlighting disaster debris and its effect on the lifespan of area landfills.
Project Manager (November 2018 – March 2019)
City of Livermore, California | Disaster Debris Management Planning Mr. Rutherford managed a project to develop disaster debris management plans for the City of Livermore, California. 73 EXPERIENCE SUMMARY
Ms. Lisa Danner brings over 35 years of emergency management preparedness, planning, response, and recovery experience. Ms. Danner is now considered a subject matter expert in hazard mitigation planning (HMP); hazard identification and risk assessment (HIRA); threat and hazard identifi cation and risk assessment (THIRA); emergency operations planning; continuity of operations (COOP) planning; access and functional needs planning; National Incident Management System (NIMS) and Incident Command System (ICS), as well as Homeland Security Exercise and Evaluation Program (HSEEP) training and exercises.
RELEVANT EXPERIENCE
Project Manager
Gwinnett County, GA COVID-19 AAR/IP Project
Ms. Danner is currently serving as the project manager for the Gwinnett County, GA COVID-19 AAR/IP project. This p roject is supporting Gwinnett County through the development of a COVID-19 AAR/IP for the Gwinnett County COVID- 19 Task Force in response to COVID-19. The project will include a documentation review and analysis of current situation reports, plans, policie s, procedures , and the conduct of focus group/one-on-one meetings with identified stakeholders and partners. The development of this COVID -19 AAR/IP is in response to the real -world pandemic response for Gwinnett County. Also, as a part of the project, the re will be a review of the current Gwinnett County Department of Health Public Health Response to COVID- 19 AAR/IP and the development of a Recommendations Report for ways the AAR/IP can be streamlined and pared down for a more useable and identification of information in the current AAR/IP for the Gwinnett County Department of Health Public Health Response.
Project Manager
Southeastern Pennsylvania Emergency response Working Group, Regional Task Force Full-Scale Exercise
Ms. Danner is currently serving as the project manager for the development of a full - scale exercise, to be conducted in May 2022. The full-scale exercise will be a follow-up to a tabletop exercise conducted in 2019 to test the regional task force capabilities to address the response to a mu lti-hazard multi -operations period incident involving developing an incident command structure and effecting transfer of command.
Project Manager
Gwinnett County, GA Disaster Cost Recovery Policies & Procedures Manual Ms. Danner is currently serving as the project manager for the Gwinnett County, GA Disaster Cost Recovery Policies & Procedures Manual project. The project is to develop a comprehensive set of policies and procedures to prepare for, obtain and maintain cost recovery data before, during, and after a disaster. Accompanying the Manual will be resource tools/training that will benefit more than the County, i.e. the 16 municipalities in the County as well as the involvement of County staff supported by the developed resources. As part of the project, the team will develop a best practices approach to preparing for and adhering to Federal Emergency Management Agency Millisa “Lisa” Danner
Planning
35 YEARS OF
EXPERIENCE
Areas of Expertise
Recovery Planning
EOP Planning
COOP Planning
Hazard Mitigation Planning
All Hazards Planning and Training
All Hazards Training and Exercises
EOC Operations
NIMS/ICS
Registrations/Affiliations
International Association of Arson
Investigators (IAAI) National Certified
Fire Investigator
Key Training/Certifications
Certified EMAP Assessor
US DHS NIMS and ICS Instructor
NC Firefighter I Certification – 1996-
2006
NC Certified Level III Fire Inspector –
1996-2006
NC Certified Hazardous Materials
Technician – 1996-2006
NC Certified Basic EMT Instructor –
1998-2006
NC Certified Rescue Technician 1995-
2006
Education
Associate of Arts in Emergency
Preparedness Technology, Caldwell
Community College, and Technical
Institute
Contact
828-773-4724
[email protected]
74 Résumé Millisa Danner
2 (FEMA) requirements leading up to and during a dis aster. The project also includes the training of both internal and external stakeholders in support of the County’s financial recovery efforts.
Project Manager
Virginia Department of Emergency Management Hurricane Isaias After-Action Report and Improvement Plan Project Ms. Danner served as the project manager for the Virginia Department of Emergency Management Hurricane Isaias After-Action Report and Improvement Plan (AAR/IP) Project. The project was to support VDEM through the development of a comprehensive AAR/IP in response to Hurricane Isaias while at the same time responding to the COVID- 19 pandemic response. The project included a documentation review and analysis of current VDEM plans, procedures , and policies and conducted follow-up one- on-one interviews and focus group calls via a virtual format. Ms. Danner managed the development of an interview tool as well as the development of the AAR/IP and the conduct of an after-action meeting to review the draft AAR/IP.
Project Manager
Greenville County, SC Continuity of Operations/Continuity of Government Plan and Tabletop Exercise Project Ms. Danner served as the project manager for the Greenville County, SC Continuity of Operations/Continuity of Government Plan project. Ms. Danner managed the development of a COOP/COG plan for Greenville County, SC, and its 21 departments. The plan consisted of a Base Plan and 7 Department Annexes. As a follow-up to the project, the team developed and conducted a tabletop exercise to test and validate the recently developed base plan and annexes, along with the checklists.
Planner
US Virgin Islands Territorial Emergency Management Agency Territorial Emergency Operations Plan (TEOP) Ms. Danner served as a planner for the update of the USVI’s TEOP. In this role , Ms. Danner interacted with territorial agencies, assisted with the development of the Base Plan, and was the lead author for plan annexes for ESF 3 (Public Works ), E SF 1 (Agriculture and Natural Resources), and ESF 15 (Public Information).
Planner
Broome County Comprehensive Emergency Management Plan and Emergency Support Functions Update Project Ms. Danner served as a planner for the update to the Broome County, NY Comprehensive Emergency Management Plan (CEMP) and Emergency Support Functions (ESFs). Ms. Danner served as the planner to update and develop ESFs in support of the CEMP.
Planner
Harris County, TX Unified and Uniform Program for Preparedness, Response, and Recovery Ms. Danner served as a planner for Harris County’s effort to coordinate efforts between government, non-profit and faith-based organizations in preparedness, response, and recovery operations. The project identified groups who are traditionally underserved, including, low-moderate populations, non-English speaking communities, and other vulnerable populations. The project created a uniform and unified program for addressing the needs of the identified populations; coordinating efforts with non-profit and faith-based communities; diversifying partners throughout the disaster continuum and engaging communities in preparedness, response , and recovery efforts. The project deliverables consisted of a strategic framework, community outreach toolkit, County Judge Advisory Council Charter, and assessment of the Ready Harris website.
Planning Lead
Broome County Pre-Disaster Recovery Plan
Ms. Danner served as the planning lead for the Broome County, NY Pre -Disaster Recovery Plan project. Through a five -phased approach, Ms. Dann er led the development of a Comprehensive Pre -Disaster Recovery Plan (PDRP) for Broome County, NY, which aligns with the National Disaster Recovery Framework (NDRF) and the State of New York recovery and redevelopment guidance. The PDRP included the development of a Model Disaster Recovery Ordinance along with a Base Plan and 7 Recovery Support Functions (RSF).
Subject Matter Expert
Alameda County, CA Emergency Operations Plan Project
Provided subject matter expertise for the revisions of the EOP, developm ent of 17 ESF annexes, and six incident -specific appendices for the City of Oakland, California. Ms. Danner also facilitated on -site meetings and stakeholder working group sessions with key city departments.
75 EXPERIENCE SUMMARY
Rob Flaner has spent over 30 years developing a comprehensive background in all aspects of floodplain management while administering the Community Rating System (CRS) under contract with the Federal Emergency Management Agency (FEMA). The CRS is a FEMA program that provides incentive to communities to exceed the minimum requirements of the National Flood Insurance Program. The CRS program recognizes a comprehensive range of non-structural flood hazard mitigation activities that include public information, m apping and regulations, flood damage reduction, planning and flood warning. Rob was responsible for coordinating all CRS objectives between State, Local, and Federal entities in a 9-state territory that spanned three FEMA Regions. During his tenure with th e CRS program, Rob was able to develop strong working relationships with his Federal, State, and Local partners. The CRS since its inception has developed into a template for sustainable floodplain management that can be used at the local level to support multiple facets of community programs. Rob’s detailed understanding of the CRS program and floodplain management helped him to develop a diverse floodplain management background that has been utilized by FEMA as a Disaster Assistance Employee.
RELEVANT EX PERIENCE
Hazard Mitigation Planning
City of Norwalk Hazard Mitigation Plan, Norwalk, CA, February 2012 to February 2022
Update, San Mateo County, CA, January 2021 to December 2021 Owner/Project Manager: City of Norwalk, eric Wosick, Emergency Manager, (562) 929-5732, [email protected]
Tetra Tech was selected by the City of Norwalk to facilitate the development of its initial hazard mitigation plan. The City’s principle objectives for this effort was to position itself for eligibility for FEMA Hazard Mitigation Assistance (HMA) grant funding. Rob was the project manager for this effort leading a multidisciplined team with the capacity to assess the unique risks for the City of Norwalk. This plan includes a com prehensive risk assessment of City assets and general building stock as they intersect 4 identified hazards of concern ( dam failure, drought/extreme heat , earthquake, and flood,). The plan also includes a robust profile of the possible impacts from climate change on the district’s abilities to provide its services. The plan identifies and prioritizes 16 actions to be implemented over the 5-year performance period that will move the district towards its resiliency goals. The plan was approved pending adoption by FEMA Region IX on February 1, 2022.
San Mateo County 2021 Multijurisdictional Local Hazard Mitigation Plan- Update, San Mateo County, CA, January 2021 to December 2021 Tetra Tech was selected by the San Mateo County Office of Emergency Management to perform a comprehensive update to the multijurisdictional local hazard mitigation plan for the County and 35 local government planning partners. This effort was a continuation of the relationship between Tetra Tech and San Mateo County in that Tetra Tech had prepared the 2016 version of the plan as well. Rob was the project manager for this effort leading a multidisciplined team with the capacity to assess the Rob Flaner
Planning
30+
YEARS OF
EXPERIENCE
Areas of Expertise
Hazard Mitigation Planning
Community Resilience Planning
Urban Planning
Risk Assessment
Floodplain Management
Community Rating System
FEMA Grant Programs
FEMA Benefit/Costs Analysis
Registrations/Affiliations
Certified Floodplain Manager, 2000
ASFPM US-00-00143
Key Training/Certifications
Certified Floodplain Manager, 2000
ASFPM US-00-00143
Education
B.S., Biological Sciences, University of
California at Davis, 1984
Office
Eagle, ID
Contact
(208) 939-4391
[email protected]
76 Résumé Robert Flaner
2 unique vulnerabilities of San Mateo County. This process was conducted under an expediated timeline to avoid plan expiration with plan submittal to Cal OES within 9 months of project initiation. New for this plan update was the application of a “soci al equity lens” to all phases of the plan’s deve lopment. This planning process assessed the risk to 12 identified natural hazards of concern as well as a qualitative assessment of the potential impacts from g lobal climate change to those natural hazards. The plan was developed to be in full compliance with state of California requirements mandated under Assembly Bill 2140 and Senate Bill 379. Additionally, profiles of other non-natural hazards of interest was created. The plan identified and prioritized over 800 mitigation actions to be implemented by 36 local government planning partners (San Mateo County, 20 municipalities and 15 special purpose districts). Rob managed the multi -disciplined team that completed the scope of work for this project. The plan received 1st review approval by both the California Office of Emergency Services and FEMA Region IX on December 7, 2021.
Marin Municipal Water District Hazard Mitigation Plan, January 2021 to December 2021 Tetra Tech was selected by the Marin Municipal Water District to facilitate the development of its initial hazard mitigation plan.
The District’s principle objectives for this effort was to position itself for eligibility for FEMA Hazard Mitigation Assista nce (HMA) grant funding. Rob was the project manager for this effort leading a multidisciplined team with the capacity to assess the unique capabilities of special purpose service provider. This plan includes a comprehensive risk assessment of district assets as th ey intersect 8 identified hazards of concern ( dam failure, drought, earthquake, flood, mass movements, severe weather, tsunami, and wildfire). The plan also includes a robust profile of the possible impacts from climate change on the district’s abilitie s to provide its services. The plan identifies and prioritizes 23 actions to be implemented over the 5 -year performance period that will move the district towards its resiliency goals. The plan was approved pending adoption by FEMA Region IX on December Sonoma County Multijurisdictional Hazard Mitigation Plan Update 2021, May 2020 to October 2021 Tetra Tech recently completed a comprehensive update to the Sonoma County Hazard Mitigation Plan by converting the plan from a single jurisdiction format that covered only Sonoma County, to a multi -jurisdictional format providing compliance to 15 local governments ( the County, 4 cities and 10 special purpose districts) within the Sonoma County Operational area. Rob was the project manager for this effort leading a multidisciplined team with the capacity to assess the unique vulnerabilit ies of Sonoma County. As with all Tetra Tech plans, the cornerstone of this plan was a comprehensive risk assessment of 9 hazards of concern (dam failure, drought, earthquake, flood, landslide/debris flow, se -level rise, severe weather, tsunami, and wildfire). The wildfire component of the plan was enhanced using new wildfire mapping and severity data generated by the county using vital data from recent fires within the operational area. Also unique to this planning effort was the development of an ESRI “Story Map” as an interactive public engagement/risk communication tool that will have legacy with the County in perpetuity (https://experience.arcgis.com/experience/64d531fc0e654c19a40a172a074a5640/ ). This Story Map supported a public
outreach strategy that emphasized inclusion and social equity within the planning area. The plan identifies and prioritizes o ver 300 action to be implemented by the 15 planning partners. The Plan was approved by FEMA Region IX on October 13, 2021.
On-call CRS Technical Support, The City of Roseville, California, June 2004 to present Tetra Tech provides services to the City of Roseville via an annual “on -call” contract to support the City’s nationally acclaimed CRS and Hazard Mitigation programs. As the nation’s first and only CRS class 1 community, Roseville has become the national role model for pro-active floodplain management and hazard mitigation. Rob manages all work orders issued under this contract as well providing the principle subject matter expertise. Tetra Tech has been the city’s principle support contractor for the se programs since 2005 and provides services that include:
• Task order scoping and budget development
• Management of all facets of the City’s CRS program including annual recertification and re -verification of its classification during its review cycle.
• Evaluation of the City’s Flood Threat recognition system and Flood Warning Program for CRS credit application. • Development of an emergency response plan for flood and dam failure threats. • Hazard Mitigation program support that includes application preparation and benefit- cost analyses. • Tetra Tech has aided the City of Roseville in securing over $1.5 million in grant funding under FEMA Hazard Mitigation grant programs since 2005.
• Completion of the annual progress report for accomplishments of the Roseville Hazard Mitigation Plan.
77 EXPERIENCE SUMMARY
Sara van der Capellen, MPH, MBCP, MEP has 20 years of experience developing programs focusing on public health preparedness and response; business continuity; and emergency management. As part of the COVID -19 response, Sara has led Tetra Tech’s Corporate Business Conti nuity Program; is actively engaged in providing executive-level epidemiological consulting and guidance for Fortune 500 companies; and oversees county-level pandemic response, epidemiology, and continuity projects. She manages a diverse portfolio of emerg ency management and community resilience programs that focus on high consequence infectious diseases; continuity and resiliency; health and safety; medical countermeasures; resource management; multi -patient management; and emergency/department operations centers. Sara earned a Master of Public Health (MPH) from Yale University in Microbial Disease Epidemiology. She is also certified by DRI International as a Master Business Continuity Professional (MCBP); and by FEMA as a Master Exercise Practitioner (MEP) .
RELEVANT EXPERIENCE
Riverside University Health System – Public Health (RUHS -PH). August 2020 – Present. Project Manager/Epidemiologist. As part of the epidemiology team, Sara is responsible for the design, development, and maintenance of the County’s Skilled Nursing Facility Google Data Studio dashboard, spreadsheet, and executive level reports for RUHS-PH leadership. She also serves on the School Outbreak Team and is responsible for the development and maintenance of the school outbreak dashboard in Power BI.
San Joaquin County. COVID-19 After Action Report and Improvement Plan.
August 2022 – Present. Project Manager. Sara leads the development of the County’s COVID -19 After -Action Report that includes the County’s quality improvement and recovery efforts. The project includes an assessment of the County’s response an provides recommendations for the San Joaquin County’s Disaster Council. The project includes a large and diverse group of stakeholders and integrates various quantitative and qualitative data collection methods to support the report development.
COVID-19 Pandemic and Continuity Response. Sonoma County Emergency Management Department. September 2020 – March 2021. Continuity/Public Health Responder. As a follow -up to the developmen t of the county’s COOP Program, Ms. van der Capellen is supporting the ongoing continuity, emergency management, and pandemic response efforts at the Sonoma County Operational Area Emergency Operations Center, including a mid -operational assessment of the pandemic response.
Multi-Patient Management Plan Exercise Project, Riverside County Emergency Management Department, July 2017 – March 2019. Project Manager. As project manager, Ms. van der Capellen’s team assessed plans, policies, and procedures related to a multi -patient incident (e.g. health care facility evacuation, mass gathering, or disaster response). She was responsible for designing and conducting a series of Sara van der Capellen, MPH, MBCP, MEP
Training and Exercise
20 YEARS OF
EXPERIENCE
Areas of Expertise
Microbial Disease Epidemiology
Pandemic Planning & Response
Pandemic Dashboards
Public Health and Health Care
Emergency Preparedness & Response
Continuity Programs
Stakeholder Engagement
Registrations/Certifications
DRI Master Business Continuity
Professional (MBCP)
FEMA Master Exercise Practitioner
(MEP)
FEMA Professional Continuity
Practitioner (PCP)
Education
Master of Public Health (MPH),
Microbial Disease Epidemiology, Yale
University, 2003
Bachelor of Science (BS), Biology,
Elmhurst College, 2000
Bachelor of Arts (BA), French
Language and Literature, Elmhurst
College, 2000
78 Résumé Sara Van Der Capellen
2 patient distribution exercises to identify gaps and areas for improvem ent while enhancing coordination and resource deployment during an incident that requires patient distribution by Riverside Business Resiliency Planning Services, Southern California Edison, Business Resiliency Department. October 2014 – 2016. Exercise Controller/Senior Planner. Within the Business Resiliency and Continuity Practice at SCE, Ms. van der Capellen supported the reformatting and development of the Earthquake Response Plan (ERP); Electric Emergency Action Plan (EEAP) - Regulatory Component and Operational Component; EEAP Communications Strategy Summary; and initial revisions to the Rapid Response Support Team Plan. She has also served as a controller/evaluator in the 2014 Full Scale Exercise and 2015 Q2 Functional Exercise.
Public Health Planni ng and Exercises, Riverside County Department of Public Health. Senior Planner. March 2012 – January 2015. Sara worked with public health and medical health system stakeholders throughout Riverside County on the customized development of the Medical Health Operational Area Coordination (MHOAC) Program Plan, Medical Health Department Operations Plan, and Emergency Operations Plan, and the Multi -Patient Management Plan. Lead the exercise planning team through the development, conduct, and evaluation of a seri es of pandemic influenza, mass prophylaxis for first responders, and communications exercises.
Guardian Accord Workshop, Federal Emergency Management Agency (FEMA) National Continuity Programs Directorate, April 2010 – January 2011. Senior Planner. Sara’s team developed an interagency counterterrorism continuity workshop designed to increase organizational awareness about the importance of incorporating terrorism into continuity planning; ensured that critical Essential Functions (EFs) would continu e through a terrorist emergency; and identified gaps or vulnerabilities in organizational continuity plans and procedures. This workshop is featured on FEMA’s continuity website.
Continuity Plan, Nuclear Regulatory Commission (NRC) Region IV, Arlington, T X. June 2010 – November 2010. Deputy Project Manager . Ms. van der Capellen was responsible for incorporating headquarter and regional continuity, emergency management, and devolution procedures into the Region IV continuity program. Provided recommendations for the continued development of a robust continuity program.
Continuity Plan, U.S. Office of Personnel Management (OPM) Federal Investigative Services (FIS). October 2009 – June 2010. Senior Continuity Planner. Conducted a thorough review of existing c ontinuity procedures for multiple FIS work sites and coordinated with program managers and branch chiefs to gather continuity, devolution, and reconstitution- related data.
Responsible for the development of the Iron Mountain/Federal Investigative Processing Center (FIPC) Continuity Plan. Served as a key reviewer of the National Capitol Region (NCR) and Ft. Meade FIS continuity plans.
All-Hazards/Pandemic Influenza & COOP Project, Los Angeles County Department of Public Health. May 2007 – February 2009. Project Manager/Subject Matter Expert. Assisted DPH and partners to simultaneously enhance capabilities covering a broad spectrum of public health emergencies within the Los Angeles County Operational Area and Southern California Regional levels. As part of this effort, Ms. van der Capellen led a series of 11 tabletop exercises that addressed pandemic influenza; anthrax; mass fatality; continuity planning; and medical countermeasures. Ms. van der Capellen was responsible for the design and facilitation of the Southern California Regional Pandemic Influenza Workshop.
Continuity Test, Training, and Exercise Program, U.S. Senate Sergeant at Arms. August 2005 – November 2006. Project Manager. Managed the support provided to the U.S. Senate Sergeant at Arms (SAA) Office of Security and Emergency Preparedness (OSEP) and serve as the primary point of contact for the U.S. Senate Contracting Officer’s Technical Representative.
Provided subject matter expertise for design, development, execution, and after -action reports for emergency response and continuity exercises for the U.S. Senate. Performed all aspects of project management. 79 1
EXPERIENCE SUMMARY
Steve Dillon has over 38 years concurrent experience as an emergency management preparedness planner, training and exercise program administrator, exercise designer and facilitator, and law enforcement officer and first responder. I n May of 2010 Mr.
Dillon was awarded Master Exercise Practitioner certification from the FEMA Emergency Management Institute. He is a certified ICS Trainer and was recognized by the Center for Domestic Preparedness for his training efforts. He is a FEMA EMI ICS “Key Leadership Position” trainer as well as a certified HSEEP Trainer . Steve has assisted international, state and diverse local, state, federal agencies, and private entities in strengthening their emergency management and training programs.
CERTIFED TRAININER FOR THE FOLLOWING
COURSES
• USDHS Threat and Risk Assessment Certification
• USDHS School Shootings Certification
• FEMA/DHS COOP Planner/Trainer
• All Hazards Type III IMT
• Incident Command System (ICS) Command and General Staff Position Train the Trainer Certification
• Incident Command System (ICS) L449 Train-the-Trainer Certification • Incident Command System (ICS) Level 100LE, 200, 300, 400. ICS 700 Certification • National Response Framework (NRF) IS-800 Certification • FEMA EMI MEP Master Exercise Practitioner-Series 13 October 2009-May 2010 • Orientation to Community Disaster Exercises IS-120 Certification • Exercise Evaluation and Improvement Planning, IS -130 Certification, Exercise Design, IS -139 Certification, Exercise Design, OH- 139 Certification and Exercise Evaluation, OH-131 Certification
• Principles of Emergency Management, IS-230 Certification • Emergency Planning, IS-235 Certification
• EOC Management and Operations IS-775 Certification
• Ohio Emergency Management Agency WebEOC Practitioner
• Ohio Emergency Management Agency EOC ESF 3 and 9 Operations • Others
TRAINING AND EXERCI SE EXPERIENCE
USEPA ERTP Instruction Facilitator/Instructor
Facilitate, coordinate instruction of general ICS and positions specific training (Operations Section Chief, Logistics Section Chief, and Div. -Group Supervisor , Resource Unit Leader) for the client as directed.
IMT Functional Exercises
Support the client through the design, delivery, and evaluation of USEPA IMT Functional Exercises throughout the Country and USEPA Regions.
Steven R. Dillon MEP
Emergency Management & Training Specialist
38 YEARS OF
EXPERIENCE
Areas of Expertise
Exercise & Training Development,
Delivery and Administration
EOC Interface System Development,
Planning, Management and Training
Incident Management Team
Development & ICS
Registrations/Affiliations
FEMA Master Exercise Practitioner
FEMA ICS Trainer
FEMA COOP Trainer
USFWS Strategic Planner
Key Training/Certifications
Ohio Officer Academy 1983
FEMA EMI MEPP 2010
FEMA HSEEP Trainer 2007
FEMA L449 ICS Trainer 2006
FEMA/OFA All Hazards IMT 2006
FEMA EMI LSC, LNO, RESL, PIO, SOFR,
SITL Trainer 2011-16
Education
A.A.S. Hocking College 1981
Office
Cincinnati, OH
Contact
937-403-3291
[email protected]
80 Résumé Steve Dillon
2 Fayette County Health Department Planning Support and Exercise Support Provided workshop design and facilitation to validate partner agency roles and responsibilities listed in the County Health Department EOP and County All Hazards EOP. Revise Health Department EOP Base Plan to meet Ohio Department of Health guidelines and requirments listed in the Ohio EMA Planning Guidance and CPG 101. Update concept of operations and roles - responsibilities section with workshop participant input. Conducted the Continuity of Operations Assessment and After Action Report for the Counties COVID 19 response.
Delta Corporation at Cincinnati Northern Kentucky Airport ICS EOC Interface Training Provided exercise design for a discussion based Tabletop Exercise evaluating the capabilities of the FSM to manage the affects of a medium size fuel spill/discharge.
ICS-EOC Interface Training
Provided ICS – EOC interface training to Delta Corporation emergency managers on how to implement and sustain an effective interface between incident command and support and coordination during a fuel spill incident .
Columbus Department of Public Utilities O’Shaughnessy Dam Exercise Designed, delivered and evaluated a Tabletop Exercise and Functional Exercise that enabled the participants to stregnthen their capabilities, and Emergency Action Plan familiarity and knowledge for a Dam Safety Response roles and responsibilities.
ICS, Exercise, and Planning Training Support Virtual and In Person Planned and delieverd the first BETA ICS 300, 400, and G -191 virtual course deliveries in the USA for the sta te of Ohio, and the USEPA. Provide Training support and delivery for ICS Core Curriculum ( ICS 191, 300, 400, 402), and ICS Position Specific Training (LSC and all Logistics Section Unit Positions , LNO, RESL, PIO, SOFR, SITL ), Exercise curriculum (OH -139 E xercise Design, L -146 HSEEP, OH-132 Evaluator), Emergency Management Planning (OH 235), L -146 HSEEP Mobile Training Courses, OH-139 Exercise Design, OH-131 Exercise Evaluation, G -191 ICS EOC Interface Course, ICS 300- 400 Intermediate and Advanced ICS, ICS- 402 ICS For Officials, OH-235/G-235 Emergency Planning, and ICS IMT Key Leadership Position courses throughout Ohio .
Polaris Fashion Place Security Tabletop Exercise
Provided exercise design, planning team facilitation, development, and delivery and after -action report support for a cabinet executive level Tabletop exercise where policies, procedures and response concepts were evaluated for a terrorism/active shooter scenario at a large shopping mall.
City of Dayton Water Exercise Series and Planning Support Provided exercise design , delivery and after action reporting for the City of Dayton Water Response and Recovery Tabletop Exercise. Assessed and refined the City of Dayton Water Cyber Security annex to meet AWIA standdards. Provide City of Dayton EOP update and revision based on the AWIA and CPG 101 standards.
Provided exercise design, planning team facilitation, development, and delivery and after action report writing support for a a CDC PHEP funded exercise using a severe weather and natrual disaster scenario that required the activation of the public health department operations center.
Full Scale Exercise
Provided exercise design, planning team facilitation, development, and deliv ery and after action report writing support for a Anthrax scenario that required set up and operation and management of a Point of Dispensing.
South Eastern Pensylvania Transit Authroity (SEPTA) Full Scale Exercise; Tetra Tech Philadelphia Provided exercise control over the primary response -Subway Venue, ICP and mobile Communications vehicle. Provided oversight over Incident Command Evaluators. Assisted with after action report writing.
Minneapolis MN EOC Operations Support; Tetra Tech Chicago; 2019 Provide coaching, mentoring and evaluation for city EOC Support and Coordination operations occurring at the city EOC in Support of the NCAA Final Four tournament.
81 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: April 4, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Annual Fire Inspection Compliance – SB1205 Report for Fiscal Year 2021-22 Prepared by: Bonnie Terra, Division Chief
EXECUTIVE SUMMARY:
The City Council will receive a report outlining Alameda County Fire Department’s compliance with the annual inspection requirements set forth in California Health and Safety Code Sections 13146.2 and 13146.3. This report serves to meet the reporting requirements set forth in Senate Bill No. 1205.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
SB 1205 requires local fire agencies to provide a report to the applicable governing body annually.
The report outlines the level of compliance with the completion of the state mandated inspections.
The state mandated inspections include all schools (E occupancies), as well as all hotels (R1 Occupancies), and all multi-family housing (R2).
Alameda County Fire personnel completed 27 inspections of educational Group E occupancies.
Three additional Group E occupancies were completed late. This represents a 90% compliance rate. Two hundred and twenty-five inspections of existing residential Group R-1 and R-2 occupancies were completed. Five additional R-1/R-2 occupancies were completed late. This represents a 98% compliance rate. The new 133 residential occupancy inspection dates are provided for your reference as well. The attached report includes all the inspections that were considered as part of the Fiscal Year 2021-22 cycle. The items in bold are items that were completed late. The items with asterisks are units within the Boulevard project. These units were constructed in that Fiscal Year but did not become ready for occupancy until the date included in 82
the report.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) SB1205 Compliance Report for Fiscal Year 2021-22
83 Attachment 1
84 85
86 87
88 89
90 91
92 STAFF REPORT
CITY COUNCIL
Agenda Item 4.4
DATE: April 4, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: 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 2023-24 Engineer’s Reports, approving the preliminary Fiscal Year 2023-24 Engineer's Reports, and scheduling a public hearing date of May 2, 2023 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 Fiscal Year 2023-24 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.
93
SUMMARY OF PRELIMINARY ASSESSMENT DISTRICT
PROJECTED FISCAL YEAR 2023-2024 REVENUES & EXPENDITURES ST. LIGHT
1983-1
STAGECOACH
LANDSCAPE
1983-2
DOUGHERTY
LANDSCAPE
1986-1
SANTA RITA
LANDSCAPE
1997-1
EAST DUBLIN
ST. LIGHT
1999-1
PROJECTED REVENUE $319,916 $127,261 $206,138 $391,680 $352,293
ESTIMATED
EXPENDITURES ($373,652) ($261,166) ($132,821) ($362,007) ($263,694)
TRANSFER FROM
CAPITAL IMPROVEMENT
FUND
$53,736 $133,905 ($73,317) ($29,673) ($88,599)
BALANCE TO RESERVES $0 $0 $0 $0 $0
RESERVES BALANCE
ESTIMATED BEGINNING
BALANCE1 $617,527 $411,488 $289,646 $1,139,904 $519,743
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
($53,736) ($133,905) $73,317 $29,673 $88,599
TRANSFER OUT FOR
CIP $0 $0 $0 $0 ($42,000)
PROJECTED ENDING
BALANCE FISCAL YEAR
2023-24
$563,791 $277,583 $362,963 $1,169,577 $566,342
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 for Fiscal Year 2023-24, as described on the following pages. 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 May 2, 2023, in the City Council Chamber at 7p.m., located at 100 Civic Plaza, Dublin.
94
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 showing 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, 8074 and 8102, 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 $106.37 per acre for commercial uses. The maximum assessment has been levied since Fiscal Year 2007-08. There is no provision in the formation documents to increase the per unit levy. As noted in the Engineer’s Report any increase would require the approval of the property owners subject to the assessment.
In past years, the largest expenditure within this District's operating expenses was the annual capital lease payment to Chevron Energy Solutions for a light emitting diode (LED) fixture retrofit project. This project took place in Fiscal Year 2012-13, retrofitting 2,821 streetlights. In Fiscal Year 2016-17, the City Council approved the use of General Fund reserves to pay the annual capital lease payment; the entire lease balance was subsequently paid off by the General Fund reserve in Fiscal Year 2018-19.
In Fiscal Year 2023-24, there is increase in the budgeted electricity costs. One major reason for the increase in the budgeted electricity costs is attributed to the recent increases in PG&E rates. Over the past two years alone, PG&E rates have increased by approximately 30%. In Fiscal Year 2023- 24 and Fiscal Year 2024-25, District costs are projected to exceed annual revenues, resulting in a draw on District fund balance to fund the annual District costs. Since there is no authorized annual escalator for the assessment rates, if the District costs continue at this level or increase, the District may need to continue drawing from available fund balance in future years. It is projected the District has sufficient fund balance to cover costs through Fiscal Year 2027-28.
The proposed assessment amount for Fiscal Year 2023-24 remains the same as Fiscal Year 2022- 23, as shown below.
Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2023-24
Annual
Change
($)
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 95
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 1985-86 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 total assessment to the single-family homes of Dublin Hills Estates and 38.4% to the Amador Lakes Apartments. Details related to the budgeted expenditures can be found within the Fiscal Year 2023-24 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 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 2023-24 is $509.06 per single family residence and $86.08 per multi-family residence. The City can elect to levy at or less than the maximum based on available reserve funds and the budgeted costs for District expenditures.
The proposed assessment amount for Fiscal Year 2023-24 was increased 13.5% over the Fiscal Year 2022-23 amount to fund the budget and partially fund the repair and replacement of v- ditches and retaining walls within the District. The remaining funding for the repair and replacement project will be provided by the District’s Capital Improvement Fund (CIF) balance.
The proposed assessment amount for Fiscal Year 2023-24 is shown below.
Stagecoach Road Assessments (District 1983-2)
Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2023-24
Annual
Change
($)
Dublin Hills Estate - Single Family
Homes $448.60 $509.06 $60.46
Amador Lakes - Apt/Condominiums $75.87 $86.08 $10.21
Landscaping and Lighting District 1986-1 (Villages at Willow Creek) This District was formed with the initial assessment in the 1987-88 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 sound walls, 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 96
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 2023-24 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 2023-24 Preliminary Engineer’s Report.
The assessment methodology approved in 2001 by property owners in the District includes an 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 2023-24 is $308.82 per single family residence, $154.41 per multi-family residence, and $1,235.28 for commercial property.
The proposed assessment amount for Fiscal Year 2023-24 was increased 3.62% over the Fiscal Year 2022-23 amount to increase the District CIF balance, which will be used in the future to fund repair and replacement of additional plantings as well as sidewalk repairs within the District.
The proposed assessment amount for Fiscal Year 2023-24 is shown below.
Villages at Willow Creek Assessments (District 1986-1)
Property Type
Current
Fiscal Year
Proposed
Fiscal Year
2023-24
Annual
Change ($)
Single Family Homes $298.03 $308.82 $10.79
Amador Lakes - Apt/Condominiums $149.01 $154.41 $5.40
Commercial $1,192.10 $1,235.28 $43.18
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 1997-98. 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 97
acre in the Engineer’s Report for Fiscal Year 2023-24 is $1,685.65 per acre.
Although the assessment district formula establishes a maximum cost that can be levied, based on planned expenditures in the District the proposed assessment amount for Fiscal Year 2023-24 remains the same as Fiscal Year 2022-23, as shown below.
Santa Rita Area Assessments (District 1997-1)
Property Type
Current
Fiscal
Year
Proposed
Fiscal Year
2023-24
Annual
Change ($)
California Creekside Single‐Family Residential
(SFR) $128.52 $128.52 $0.00
California Brookside Multi‐Family Residential
(MFR) $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, 8074 and 8102. 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 normal operation and maintenance costs, such as painting a portion of the decorative streetlight poles within the District. Currently, the CIF is being used to complete a project to upgrade the existing decorative lights to more energy-efficient LED lights. This LED project is funded and underway.
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 2023-24 adjusted by the approved adjustment formula is $66.75 per single family residence and $367.13 per acre for commercial parcels. The City can levy less or at the maximum based on available reserve funds and the budgeted costs for District expenditures.
98
The proposed assessment amount for Fiscal Year 2023-24 remains the same as Fiscal Year 2022- 23, as shown below.
Dublin Ranch Street Lighting Assessments (District 1999-1) Property Type Current
Fiscal Year
Proposed
Fiscal Year
2023-24
Annual
Change
($)
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 May 2, 2023 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 99 Attachment 1
Reso. No. XX-23, Item X.X, Adopted 04/04/2023 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
DIRECTING PREPERATION 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 No. 1983-1 (“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 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. 1983-2 (“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. 1986-1 (“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. 1997-1 (“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. 1999-1 (“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. 100
Reso. No. XX-23, Item X.X, Adopted 04/04/2023 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
101
Attachment 2
Reso. No. XX-23, Item X.X, Adopted 04/04/2023 Page 1 of 3 RESOLUTION NO. XX – 23
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 be apportioned 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. 102
Reso. No. XX-23, Item X.X, Adopted 04/04/2023 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 2023-2024, 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, May 2, 2023, at 7:00 p.m. or as soon thereafter as feasible in the City Council Chamber, located at 100 Civic Plaza, Dublin.
Section 11: The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
{Signatures on the following page}
103
Reso. No. XX-23, Item X.X, Adopted 04/04/2023 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 4th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
104
Street Lighting Maintenance
District No. 1983-1
Fiscal Year 2023-24
Preliminary Engineer’s Report
April 4, 2023
ATTACHMENT 3
105
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 – Estima te of Cost ...................................................... 7 Part C – Assessment District Diagram ................................ 12 Part D – Method of A pportionment of Assessments ............ 14 Part E - Asse ssment Roll .................................................... 19
106
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 CERTIFICATE ii
ENGINEER'S REPORT
CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1
FISCAL YEAR 2023-24
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 t he 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 Profe ssional Engineer, registered in the State of California.
Dated: March 23, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
107
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 INTRODUCTION 1 SECTION I
INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within the City of Dublin Street Light ing 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 fo r 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 assessm ent engineering practices and have been calculated and proportionately spread to each parcel bas ed 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 a nd 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 Distr ict to reduce maintenance cost s. The District includes all parcels that were within the County of Alameda Lighting Service Area which includes all parcels within the City exc ept for Dublin Ranch; the Cli fton Park development in the western hills; Tracts 7067, 8024, 8073 and 8074; the Jordan Ranch development; and the Tassajara Hills development.
A reduced copy of the Asse ssment 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 Californi a 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 system s or vector cont rol. Subsequent increases in such assessments sha ll be subject to th e procedures and approval process set forth in Section 4.”
108
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 INTRODUCTION 2 The City has determined that the annual assessm ents originally established for the District were for the maintenan ce and operation of streetlig hts within the public street rights-of-way. As such, pur suant to Article XIIID Se ction 5(a), the pre–existing assessment amount has been ex empted from the procedural requirements of Article XIIID Section 4 since the am ount 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 re quire the approval of the property owners subject to the assessment based upon a ma iled 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. The estimated expenditures ar e anticipated to exceed the projected revenues in Fiscal Years 2023-24 and 2024- 25. Transfers from the available fund balance is anticipated to be required to pay the annual oper ation and maintenance costs in Fiscal Years 2023-24 and 2024-25. Should expenditures continue to exceed the annual assessment revenue, transfe rs from the available f und balances will be required annually. Should annual transfers continue to be required to cove r annual expenditures, the fund balance will be draw n upon and depleted in future years. Should this circumstance occur, this may require a signif icant reduction in serv ice levels in future years so that expenditure s match assessment rev enues or the City will need to contribute to the District from other available funds or in crease the current assessment rate by receiving approval by pr operty 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
109
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 2023-24
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 t he City Council of the City of Dublin on April 4, 2023, I, Eduardo Espinoza, the duly appo inted Engineer of Work, Assessment Engineer for the Cit y of Dublin Street Lighti ng 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 2023-24, 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 Distr ict showing the exterior boundaries of the District, the boundaries of any zones within t he District and the lines and dimensions of each lot or parcel of land within the Distr ict. 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.
110
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ENGINEER’S REPORT 4 The lines and dimension of each lot or parce l within the District are those lines and dimensions shown on the maps of the Alameda County Asse ssor 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 apporti onment of assessments, based upon each parcel’s land use classification within the Distr ict 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.
111
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the c ontinued installation, maintenanc e, and servicing of street lighting improvements within the public right-of-way wh ich provide special benefit to parcels and properties within the District.
As generally defined in the 1972 Act, maintenanc e and servicing of the street lighting improvements may include one or any combination of the following:
1) The installation or construction of public lig hting facilities, including, but not limited to streetlights and traffic signals.
2) The installation or construction of any fac ilities which are appurtenant to any of the foregoing or which are necessary or conv enient for the maintenance or servicing thereof; including but not limit ed to, grading, removal of debris, the installation or construction of curbs, gutters, walls, side walks, 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 fo r the ordinary and usual maintenance, operation, and servicing of any improvem ent, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debr is, 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 ot her agent for the light ing 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, an d 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 th e construction, installation, or maintenance and servicing of the improvements; and,
f) Costs associated with any elections held for the approv al of a new or increased assessment.
112
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 PLANS AND SPECIFICATIONS 6 Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of serv ices and materials for the ordinary and usual maintenance, operati on, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. "Service" or "servicing" means the furnishi ng of electric current or energy, gas, or other illuminating agent for any public ligh ting 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 FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 li ghting 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, operat ions, 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 c ontribution/(transfer) that will be required from the fund balance based upon the esti mated 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 in cluding street light repair par ts 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 maint enance, construction, and r ehabilitation of authorized improvements.
114
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 C ounty. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notic es 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 C ounty 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 Distr ict Reserve Fund for operat ions. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaini ng a fully funded Operating Rese rve eliminates the need for the City to transfer funds fr om non–District accounts to pay for operational expenses during the first half of the Fi scal Year and provides the Distr ict with sufficient funds to address any unforeseen or unusual expenditu res 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 pl an 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 improv ements, the collection of fu nds 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 accu mulated in a separat e 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 Capi tal 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 r epresenting the amount being collected that year as part of the Balanc e to Levy. A negative number (Transfer) should only occur after the project has been completed and exce ss funds are being credited back to the District’s regular accounts or such f unds are needed to fund the annual operation and 115
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS
9 maintenance of the public im provements. 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 co llected for the current fiscal year through the annual assessments (for special benefits). The Ba lance to Levy represents the sum of Total District (Direct and Administ ration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs re lated 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 2023-24 and 2024-25.
116
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS
10 FY 2023-24
Cost Estimate
Projected
FY 2024-25
Cost Estimate
DISTRICT REVENUES
Estimated Assessment Revenues 314,416 $ 314,416 $ Contributions from Other Revenue Sources 5,500 $ 6,050 $ Total District Revenues1 319,916$ 320,466 $
DISTRICT COSTS
Operating Supplies 10,000 $ 10,000 $
Contract with Alameda County 93,225 $ 97,886 $ California Street Light Association 1,000 $ 1,000 $ Utilities - Electricity 255,800 $ 268,590 $
Improvements (Not Building) - $ - $
Miscellaneous -$ - $
Legal Notices 592$ 610 $
District Administration 6,855 $ 7,061 $
Public Works Administration - $ - $
County Collection Fee 6,180 $ 6,365 $
Total District Costs 373,652$ 391,512 $
MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) - $ 8,930$ Capital Improvement Fund Collection/(Transfer) (53,736)$ (79,977) $ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy (53,736)$ (71,047) $ Balance to Levy 314,416$ 314,416 $
Variance Between Estimated Assessment Revenues and Balance to Levy - $ - $ Total As s es s ment Revenue at Maximum Rate 314,416 $ 314,416 $ Variance above/(below) Maximum Assessment Revenue - $ - $
FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/23 and 7/1/24) 186,826 $ 186,826 $ Reserve Fund Adjustments - $ 8,930$
Transfer From/(To) Capital Improvement Fund - $ - $ Prior/Penalties/Public Damage - $ - $ Interest -$ - $
Ending Operating Reserve Fund Balance (est. 6/30/24 and 6/30/25) 186,826$ 195,756 $ Beginning Capital Improvement Fund Balance (est. 7/1/23 and 7/1/24) 430,701 $ 376,965 $ Capital Imporvement Fund Adjustments (53,736)$ (79,977) $ Transfer From/(To) Reserve Fund - $ - $ Prior/Penalties/Public Damage - $ - $ Interest -$ - $
Ending Capital Improvement Fund Balance (est. 6/30/24 and 6/30/25) 376,965$ 296,988 $ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
Table 2: COST ESTIMA TE
Street Lighting Maintenance District No. 1983-1
117
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 improvement s 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 se rvice life or that have been damaged due to automobile accidents.
118
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 ar e incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
119
City of Dublin
Street Lighting Maintenance District No. 1983-1
Assessment Diagram
¯3,250 0 3,250 6,5001,625
Feet
Legend
!
!
!
! LLAD 1983-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-1
Dublin Blvd
San Ram
on Rd
TassajaraRd
120
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 14 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of a ssessment districts by agencies for the purpose of providing certain public impr ovements 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 upo n 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 assessment s in the District therefore reflects the composition of the parcels, and the improv ements 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 s pecial benefit conferred on that parcel. Only special benefits ar e assessable, and an agency shall separate the general benefit s from the special b enefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been care fully reviewed by the City and the corresponding assessments have been proporti onately spread to each parcel based on special benefits received from the improvements as determ ined 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 Dis trict 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 thes e improvements will di rectly affect the properties within the District. Althoug h 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 Distr ict and were not requi red, nor necessarily desired by any properties or developments out side the District boundary and any public 121
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 15 access or use of the improv ements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvement s 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 asse ssment) outlined herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirabi lity and security of those properties as enhanced by the presence of public lighting near those properties.
The special benefits conf erred on property from street lig hting 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 redu ced nighttime accidents and personal property loss.
The preceding special benefits c ontribute to the aesthetic valu e 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 fu nding to properly service and maintain the District improvem ents 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 t he 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:
122
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 16 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 re sulted from a lot line adjustment with an adjacent larger parcel. The adja cent larger parcels, of which these "sliver" parcels are a part, are assessed at the residential rate
Assessment Methodology
The special benefits received by each parce l within the District and each parcel’s proportional annual assessment are calcul ated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (E DU) method of apportionment establishes a proportional benefit relationshi p 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 Alam eda 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 parce l’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 (t ract or townhouse type), and modular/manufactured single family residential units.
Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel
Condominium 1.00 per Parcel
Duplex, Multi-Family Residential 2.00 per Parcel
Triplex, Multi-Family Residential 3.00 per Parcel
Fourplex, Multi-Family Residential 4.00 per Parcel
Apartments, Multi -Family Residential 6.00 per Parcel
Commercial/Industrial/Institutional 5.50 per Acre
Vacant Commercial/Industrial/Institutional 2.75 per Acre Rural 0.50 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel
TABLE 3: ASSESSMENT METHODOLOGY
Street Lighting Maintenance District No. 1983-1
123
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 17 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.
Duplex, Multi-Family Residential — (County land use 22) this land use identifies properties that are developed fo r 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) th is 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 classifica tion 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 fo r 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 t hat 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 gar ages, automotive dealerships, parking lots, parking garages, service stations, funeral hom es, 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 iden tifies 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 he avy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distri bution terminals, wr ecking 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 government- owned property, low income housing (secured P .I.’s only), golf courses, private schools, churches, lodge-halls, clubhouses, and other institutional properties. 124
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 18 Rural Property — (County land use 5x) this land us e 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 home sites, one or more mobile homes on rura l 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 ar e exempt from assessment and are assigned
0.00 EDU. This land use cla ssification may include, but is not limited to, lots or parcels identified as exempt public ag encies; property leased or ow ned by public utilities, cemeteries, and planned development common areas.
125
CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 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 t he 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 fo r each parcel shown in the assessment roll for Fiscal Year 2023-24.
Parcel identification, the li nes and dimensions of each lo t, 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 lo t and parcel of land within the District.
126
Landscape & Lighting
District No. 1983-2
Fiscal Year 2023-24
Preliminary Engineer’s Report
April 4, 2023
ATTACHMENT 4
127
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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 – Estima te of Cost ...................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of A pportionment of Assessments ............ 13 Part E - Asse ssment Roll .................................................... 18
128
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF DUBLIN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1983-2
FISCAL YEAR 2023-24
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, Se ction 4 of the California Cons titution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies th at he is a Profe ssional Engineer, registered in the State of California.
Dated: March 23, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
129
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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 be nefits 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 pr ovide a dedicated source of funding for the ongoing maintenance of street l andscaping 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 im provements are no longer funded by the District. Currently, the District includes only the roadway la ndscaping 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 Ca lifornia Streets and Highw ays Code (“1972 Act”).
All assessments described in this Report and approv ed by the City Coun cil are prepared in accordance with the 1972 Act and are in complianc e with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
130
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 INTRODUCTION 2 Pursuant to Article XIIID Section 5, certai n existing assessments were exempt from the substantive and procedural require ments 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, str eets, sewers, wate r, 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.”
The City determined that the annual assessments or iginally established for the District were for the maintenance and operation of landscaping within the public street rights-of-way or public easements.
However, in Fiscal Year 2003-04 , the City conducted a public hea ring that included a mailed ballot to all the property owners in this Dis trict proposing an increased assessment to maintain and replace certain landscaping improvements. In accordance with the requirements of Proposition 218, the property owners app roved 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 2023-24 for each property type is shown in the table below.
Property Type Asse ssme nt Ra te
Single Family Residential (SFR) $509.06 per Parcel
Multi Family Residential (MFR) $86.08 per Parcel/Unit
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1983-2
131
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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 2023-24
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 Intenti on, adopted by the City Co uncil of the City of Dublin on April 4, 2023, 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 2023-24, including incidental co sts 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 Diagr am of the District showing t he 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 t he 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.
132
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ENGINEER’S REPORT 4 The lines and dimension of each lot or parce l 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 pr oportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the esti mated cost of the im provements 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.
133
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the continued maint enance and servicing of the landscaping and irrigation improvements within the public right-of-way and public easement along Stagecoach Road between the limit s of Amador Valley Boulev ard and the northerly City Limit. In addition, the District also provid es 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 60 within Tract 4719.
As generally defined in the 1972 Act, maintenance and servicing of t he 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 fac ilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limit ed to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidew alks, 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 ordinar y and usual maintenanc e, 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 lightin g or operation of any other improvements;
g. Water for the irrigation of any landsca ping, 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 t he report, including plans, specifications, estimates, diagram, and assessment;
b. The costs of printing, advertising, and th e publishing, posting, and mailing of notices;
c. Compensation payable to the County for collection of assessments; 134
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 PLANS AND SPECIFICATIONS 6 d. Compensation of any engineer or attorney employed to render services; e. Any other expenses incidental to th e construction, installation, or maintenance and servicing of the improvements; and,
f. Costs associated with any elections held fo r 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 ma intenance, operation, and servicing of any improvement, including repair, re moval, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furn ishing 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.
135
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 7 PART B
ESTIMATE OF COSTS
All landscape and other eligib le 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 estima te of the costs of utilities, operations, services, administration, and maintenance asso ciated with the improvements, including all labor, personnel, equipment, mate rials, and administrative ex penses. The summary also shows the estimated fund balance, and the proj ected contribution/ (transfer) based upon the estimated expenditures and assessment rev enue. 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 ma intenance of landsca pe, powering of irrigation systems, and entry lighting within the District.
Miscellaneous Expenses – Costs that cannot easily be ca tegorized 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 admin istration, including preparati on of the Engineer’s Report, resolutions, and levy submittal to the County. T hese fees can also include any additional administrative, legal, or engineeri ng services specific to the Dis trict 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.
136
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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 Distr ict Reserve Fund for operati ons. Negative amounts shown for this cost estimate item represent transfers from th e Reserve Fund that reduces the Balance to Levy. Maintaining a fully funde d Operating Reserve e liminates the need for the City to transfer f unds from non-District accounts to pay for operational expenses during the first half of the fisc al year and provides the Distr ict with suffici ent funds to address any unforeseen or unusual expenditu res 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 pl an for proposed improvements and expenditures that are greater than can be convenie ntly raised from a single annual assessment. Depending on the nature of the pla nned improvements, the co llection 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 accu mulated 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 Capi tal Improvement Fund is for a specific planned project (budgeted separat ely), the amount shown for this item in the annual cost estimate will typically be a positive number r epresenting 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 or such funds are needed to pay for the annual operation and maintenance of the District im provements. The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Info rmation section of the cost estimate.
Balance to Levy – This is the total amount to be co llected for the current fiscal year through the annual assessments (for special be nefits). The Balance to Levy represents the sum of Total District (Direct and Administ ration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs re lated to the improvements identified as conferring special benefits to property within th e District are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023-24 and 2024-25. 137
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 9 FY 2023-24
Cost Estimate
Projected
FY 2024-25
Cost Estimate
DISTRICT REVENUES
Estimated Assessment Revenues 123,961 $ 126,440 $ Contributions from Other Revenue Sources 3,300 $ 3,630 $ Total District Revenues1 127,261$ 130,070 $
DISTRICT COSTS
Maintenance - Landscape (MCE)2 223,803$ 45,117 $ Utilities - Electricity 1,720$ 1,806 $ Utilities - Water 29,723$ 31,210 $
Miscellaneous Expenses -$ - $ Legal Notices 592$ 610 $
District Administration 3,512$ 3,617 $ Public Works Administration -$ - $ County Collection Fee 1,816$ 1,870 $ Total District Costs 261,166$ 84,230 $
MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) -$ 1,532$ Capital Improvement Fund Collection/(Transfer) (133,905)$ 44,308$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy (133,905)$ 45,840 $ Balance to Levy 123,961$ 126,440 $
Variance Between Estimated Assessment Revenue and Balance to Levy -$ - $ Tota l Esti ma te d Asse ssme nt Re ve nue s a t Ma x im um Ra te3 123,961$ 126,440 $ Variance above/(below) Maximum Revenue -$ - $
FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/23 and 7/1/24)4 40,583$ 40,583 $ Reserve Fund Adjustments -$ 1,532$ Transfer From/(To) Capital Improvement Fund - $ - $ Prior/Penalties/Public Damage -$ - $ Interest -$ - $
Projected Operating Reserve Fund Balance at FY End (est. 6/30/24 and 6/30/25) 40,583$ 42,115 $ Beginning Capital Improvement Fund Balance (est. 7/1/23 and 7/1/24) 370,904 $ 236,999 $ Capital Improvement Fund Adjustments (133,905)$ 44,308$ Transfer From/(To) Reserve Fund -$ - $ Prior/Penalties/Public Damage -$ - $ Interest -$ - $
Project Capital Improvement Fund Balance at FY end (est. 6/30/24 and 6/30/25) 236,999$ 281,308 $ 1Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2Includes $180,000 for a one-time replacement project.
3The Maximum Assessment Revenue for Fiscal Year (FY) 2024/25 was estimated to be equal to the FY 2023/24 Maximum Assessment Revenues and escalated by 2%.
4The FY 2023-24 Operating Reserve Fund Balance equals 50% of the total district costs excluding consideration for the $180,000 related to the one-time Maintenance-Landscape (MCE) replacement project.
TABLE 2: COST ESTIMATE
Landscape & Lighting District No. 1983-2
138
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for ma intenance, funds are al so allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authoriz ed to be maintained by the District. These funds are collected and often a ccumulated 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 projec ts 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 maintenan ce budget for the District. Repairs will be addressed based upon need and av ailable fund balance in the upcoming two-year cycle.
139
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ASSESSMENT DIAGRAM 11 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown here in. The lines and dimensions of each parcel within the District are those lines and dimens ions 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.
140
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
! !
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
City of Dublin
Landscape and Lighting District No. 1983-2
Assessment Diagram
Stagecoach Rd
Quartz Cir
Turquoise St
Coral W
y
Topaz Cir
Jade Cir
Amador Valley Blvd
Village Pkwy
Iron Horse Regional Trail
¯
0 700 1,400350
Feet
Legend
!
! !
!! LLAD 1983-2 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-2
141
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 13 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of a ssessment districts by agencies for the purpose of providing certain public improv ements 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 a ll 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 calculati ng assessments in the Distri ct therefore reflects the composition of the parcels, and the improv ements 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 care fully reviewed by the City and the corresponding assessments have been proporti onately spread to each parcel based on special benefits received from the improvements as determ ined 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 Dis trict 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 dev eloping properties within the District and the ongoing maintenance and operation of thes e improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or vi sible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the Distric t and were not requir ed, nor necessarily desired by any properties or developments outside the District boun dary and any public 142
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 14 access or use of t he improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and operation of those improvement s 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 (me thod of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the impr ovements 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 envir onment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through im proved 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-ma intained green space and landscaped areas.
7) Reduced criminal activity and property -related crimes (especially vandalism) against properties in the District th rough well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of the parcels by moderat ing temperatures, providing oxygenation, and attenuating noise.
The preceding special benefits cont ribute 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 negativ e impact on the properties within the District.
143
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 15 Non-Assessable Properties — Within the boundaries of t he District, there are several types of properties that are considered to re ceive 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 re sulted 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 parce l 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 maintainin g the District improvement s increases slightly every year because of inflation. In Fisca l Year 2003-04, the proper ty 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 perc entage 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 E scalation Factor annually, two rates were developed based on the cost estimate that wa s 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 ut ilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied an nually 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 144
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 16 by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increas e 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 (collect ively, “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 2023-24.
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 document s 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 id entify 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 2023-24 was determined based on the di fference using the annual amount for calendar years 2022 and 2021. Should the Bureau of Labor Statistics revise such Index or discontinue the preparat ion of such Index, the City s hall 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 2023-24.
145
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 17 If the City Council determines that an inflati on 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 great er than the adjustment set fort h 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 2021 Calendar Year1 304.60
CPI for 2022 Calendar Year1 323.90
% Change in CPI - Increase 6.34%
FY 2022/23 Maximum Rate per SFR - CPI Rate $335.76
FY 2022/23 Maximum Rate per MFR - CPI Rate $56.77
FY 2023/24 Maximum Rate per SFR - CPI Rate $357.03
FY 2022/23 Maximum Rate per MFR - CPI Rate $60.37
Prior Year Maximum Utility Budget 2 $37,020
Utility Budget for FY 2022/23 $31,443
% Change in Utilities Rate - Increase3 0.00%
FY 2022/23 Maximum Rate per SFR - Utility Rate $152.03
FY 2022/23 Maximum Rate per MFR - Utility Rate $25.71
FY 2023/24 Maximum Rate per SFR - Utility Rate $152.03
FY 2023/24 Maximum Rate per MFR - Utility Rate $25.71
FY 2022/23 Maximum Assessment Rate per SFR $487.79
FY 2022/23 Maximum Assessment Rate per MFR $82.48
FY 2023/24 Maximum Assessment Rate per SFR 4 $509.06
FY 2023/24 Maximum Assessment Rate per MFR 4 $86.08
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 2022/23 and FY 2023/24 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. 1983-2
146
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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 descrip tion of each lot or parcel is part of the records of the Assessor of t he County of Alameda and those re cords are, by reference, made part of this report. The assessment s shown will be submitted to the County Auditor/Controller and inclu ded on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 2023-24.
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 t he 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 li nes and dimensions of each lot and parcel of land within the District.
147
Landscape & Lighting
District No. 1986-1
Fiscal Year 2023-24
Preliminary Engineer’s Report
April 4, 2023
ATTACHMENT 5
148
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 – Estima te of Costs .................................................... 6 Part C – Assessment District Diagram ................................ 10 Part D – Method of A pportionment of Assessments ............ 12 Part E - Asse ssment Roll .................................................... 17
149
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1986-1
FISCAL YEAR 2023-24
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: March 23, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
150
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 INTRODUCTION 1 SECTION I
INTRODUCTION
The City of Dublin (“City”) levies and colle cts special assessments on parcels within Landscape and Lighting District No. 1986-1 (“Distr ict”) to maintain the improvements within the Villages in the Willow Creek area.
The assessments and method of apportionm ent described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on t he 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 pr ovide 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 B oulevard 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 ar eas within the Ridgecreek single-family home development. Landscaping within the c ondominium and apartment developments is the responsibility of the hom eowners' association(s) or property owner(s) for those individual developments.
A reduced copy of the Asse ssment 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 t he District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Califor nia 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 (“A rticle XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
In Fiscal Year 2001-02, the assessments in t he District were increased by 54% with the approval of property owners in compliance wit h 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 fu ture 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.
151
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 INTRODUCTION 2 Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided w ould 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 2023-24 for each property type is shown in the table below.
Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel $308.82 per Parcel Multi Family Residential (MFR) 0.50 per Unit $154.41 per Unit Commercial 4.00 per Parcel $1,235.28 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel Asse ssme nt Ra te
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1986-1
152
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the Stat e of California, commenci ng with Section 22500), and in accordance with the Resolution of Intention, adopt ed by the City Counc il of the City of Dublin on April 4, 2023, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dubl in 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 improv ements 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 2023-24, in cluding incidental costs and expenses in connection therewith. The estimate is attac hed 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 Diagr am of the District showing the exterior boundaries of the District, the boundaries of any zones within t he District and the lines and dimensions of each lot or parcel of land within the Distr ict. 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.
153
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 ENGINEER’S REPORT 4 The lines and dimension of each lot or par cel within the District are those lines and dimensions shown on the maps of the Alam eda 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 appor tionment of assessments, based upon each parcel’s land use classification within the District in proporti on to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of t he estimated cost of the improvements apportioned to each benefited parcel of land within the Distric t. 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 FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 Valle y 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 B oulevard, adjacent to Lot 150.
f. Roadside landscaping, fence, and pathway improvements on t he west and north sides of Fall Creek Road.
g. Roadside landscaping and emergency acce ss surfacing at the north end of Crossridge Road within the street right-of-way.
Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the fu rnishing 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" mean s the furnishing of electric current or energy, gas, or other illuminating agent for any public light ing 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. 155
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 estima te of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and adm inistrative expenses. The summary also shows the estimated fund balan ce, and the projected contri bution/(transfer) based upon the estimated expenditures and assessment re venue. 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 syst ems 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 subm ittal 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 b ills. Alameda County charges 1.7% of the total levy amount.
156
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 esti mate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully fu nded 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 Fisca l Year and provides the Dist rict 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 convenie ntly raised from a single annua l assessment. Depending on the nature of the pla nned improvements, the co llection 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 accu mulated in a separat e 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 Capi tal Improvement Fund is for a specific planned project (budgeted separat ely), the amount shown for this item in the annual cost estimate will typically be a positive number r epresenting 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 or such funds are needed to pay for the annual operation and maintenance of the District im provements. 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 co llected for the current fiscal year through the annual assessments (for special be nefits). The Balance to Levy represents the sum of Total District (Direct and Administ ration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs re lated 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 estimate s for Fiscal Year 2023-24 and 2024-25. 157
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 ESTIMATE OF COSTS 8 FY 2023-24
Cost Estimate
Projected
FY 2024-25
Cost Estimate
DISTRICT REVENUES
Estimated Assessment Revenues 201,188 $ 205,212 $ Contributions from Other Revenue Sources 4,950 $ 5,445 $ Total District Revenues1 206,138$ 210,657 $
DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) 45,981 $ 47,360 $ Maintenance - Landscape (MCA Additional) - $ - $ Utilities - Electricity 3,000$ 3,150 $
Utilities - Water 76,800$ 80,640 $
Miscellaneous Expenses -$ - $
Legal Notices 592$ 610 $
District Administration 3,512$ 3,617 $
Public Works Administration -$ - $
County Collection Fee 2,936$ 3,024 $
Total District Costs 132,821$ 138,402 $
MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) -$ 2,790$ Capital Improvement Fund Collection/(Transfer) 73,317 $ 69,465 $ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 73,317$ 72,255 $ Balance to Levy 201,188$ 205,212 $
Variance Between Estimated Assessment Revenue and Balance to Levy -$ - $ Total Estimated Assessment Revenues at Maximum Rate 2 201,188$ 205,212 $ Variance above/(below) Maximum Revenue -$ - $
FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/23 and 7/21/24) 66,411 $ 66,411 $ Reserve Fund Adjustments -$ 2,790$
Transfer From/(To) Capital Improvement Fund - $ - $ Prior/Penalties/Public Damage - $ - $ Interest -$ - $
Projected Operating Reserve Fund Balance at FY End (est. 6/30/24 and 6/30/25) 66,411$ 69,201 $ Beginning Capital Improvement Fund Balance (est. 7/1/23 and 7/1/24)3 223,235$ 296,552 $ Capital Improvement Fund Adjustments 73,317 $ 69,465 $ Transfer From/(To) Reserve Fund - $ - $ Prior/Penalties/Public Damage - $ - $ Interest -$ - $
Project Capital Improvement Fund Balance at FY end (est. 6/30/24 and 6/30/25) 296,552$ 366,017 $ 1Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2The Maximum Assessment Revenue for Fiscal Year (FY) 2024/25 was estimated to be equal to the FY 2023/24 Maximum Assessment Revenues and escalated by 2%.
3The City is planning to utilize the CIF Balance to contribute towards the cost for future fencing projects thr oughout the District.
Table 2: COST ESTIMATE
Landscape & Lighting District No. 1986-1
158
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 ESTIMATE OF COSTS 9 Capital Improvement Projects
In addition to collecting funds annually for ma intenance, 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 s eparate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projec ts 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 u pon 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 fund ed by the District, but is funded by the City’s General Fund. District funding needed for the project is currently anticipated to be $400,000.
159
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 dimens ions 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.
160
City of Dublin
Landscape and Lighting District No. 1986-1
Assessment Diagram
Willow Creek Dr
DOugherty Rd
Amador Valley Blvd
Fall Creek Rd
¯
0 640 1,280320
Feet
Legend
!
! !
!! LLAD 1986-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1986-1
161
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 METHOD OF APPORTIONMENT 12 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of a ssessment districts by agencies for the purpose of providing certain public impr ovements 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 me thod 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 calculati ng assessments in the Distri ct therefore reflects the composition of the parcels, and the improv ements 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 sha ll separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been care fully reviewed by the City and the corresponding assessments have been proportionat ely spread to each parcel based on special benefits received from the improvements as determ ined 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 Dis trict and those outside the District, as well as the reasons for installing and constructing su ch improvements, it is evident that the improvements are solely the result of devel oping properties within the District, and the ongoing maintenance and oper ation of these improvements will directly affect the properties within the Dist rict. 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 Distric t and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improv ements by others is incidental. Therefore, it has been 162
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 METHOD OF APPORTIONMENT 13 determined that the improvements and the ongoing maintenance, servicing and operation of those improvem ents provide no measurable g eneral 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 (met hod of assessment) established herein is based on the premise that each assessed parcel wit hin the District receives special benefits from the im provements and the desirabilit y 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 ur ban 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 th rough 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 par cels by moderating temperatures, providing oxygenation, and attenuating noise.
The preceding special benefits contribute to t he aesthetic value and desirability of each of the assessed parcels within the District and thereby prov ide a special enhancement of the properties. Furthermore, it has been determined that the lack of fu nding to properly service and maintain the District impr ovements would have a negative impact on the properties within the District.
Non-Assessable Properties — Within the boundaries of th e District, there are several types of properties that are considered to re ceive 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 re sulted from a lot line adjustment with an adjacent larger parcel.
163
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 Un its. The Equivalent Dwelling Unit (EDU) me thod of apportionment establishes a proportional benefit relations hip 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 Al ameda land use code) as shown in the table below.
Single-Family Residential (SFR) — (County land use 1x) Th is 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 us e types are compared and weighted against using EDUs.
Multi-Family Residential — This land use identifies proper ties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit.
Commercial — This land use identifies properties th at 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
164
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 METHOD OF APPORTIONMENT 15 Maximum Assessment Rate
It is recognized that the cost of maintainin g the District improvement s increases slightly every year because of inflation. In Fisca l Year 2001-02, the pro perty 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 percent age 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 Dis trict’s Annual Escalation Fact or annually, two rates were developed based on the cost estimate that wa s 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 ut ilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied an nually 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 t he budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increas e 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 ut ilities. 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 Ra te for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2023-24.
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 document s prepared and approved by the City Council by June of each year, and to meet both Count y submittal and stat utory 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 2023-24 was determined based on the difference using the annual amount for calendar years 2022 and 2021. 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 sh ows the Maximum Assessment Rates allowable for Fiscal Year 2023-24.
165
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 ens uing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increas e greater than the adjus tment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximu m assessment rate shall increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.
CPI for 2021 Calendar Year1 304.60
CPI for 2022 Calendar Year1 323.90
% Change in CPI - Increase 6.34%
FY 2022/23 Maximum Rate per EDU - CPI Rate $170.32
FY 2023/24 Maximum Rate per EDU - CPI Rate $181.11
Prior Year Maximum Utility Budget 2 $83,200
Utility Budget for FY 2023/24 $79,800
% Change in Utility Rate - Increase3 0.000%
FY 2022/23 Maximum Rate per EDU - Utility Rate $127.71
FY 2023/24 Maximum Rate per EDU - Utility Rate $127.71
FY 2022/23 Maximum Assessment Rate per EDU $298.03
FY 2023/24 Maximum Assessment Rate per EDU
4 $308.82
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 2022/23 and FY 2023/24 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2023/24 Maximum CPI Rate + Maximum Utility Rate.
TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape & Lighting District No. 1986-1
166
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 t he Assessor’s Office, are on file under separate cover with the City Clerk. Furthermo re, the description of each lo t or parcel is part of the records of the Assessor of th e County of Alameda and those re cords 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 fo r each parcel shown in the assessment roll for Fiscal Year 2023-24.
Parcel identification, the li nes 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 lo t and parcel of land within the District.
167
Landscape & Lighting
District No. 1997-1
Fiscal Year 2023-24
Preliminary Engineer’s Report
April 4, 2023
ATTACHMENT 6
168
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 – Estima te of Costs .................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of A pportionment of Assessments ............ 13 Part E - Asse ssment Roll .................................................... 19
169
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1
FISCAL YEAR 2023-24
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, pr ovisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Street s and Highways Code.
The undersigned certifies that he is a Professi onal Engineer, register ed in the State of California.
Dated: March 23, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
170
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 engineer ing practices and have been calc ulated and proportionately spread to each parcel based on the specia l 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 land scape maintenance and ut ility costs for the Santa Rita development area, also known as Emerald Pa rk. 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 s howing 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 Distr ict pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Ca lifornia 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 compli ance 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 Pr oposition 218, the pro perty 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. 171
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 INTRODUCTION 2 Summary of District
A summary of the assessments to be levied in Fiscal Year 2023-24 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 Industrial
1 $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
172
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 2023-24
Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of Californi a, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on April 4, 2023, I, Eduardo Espino za, the duly appointed Engineer of Work, Assessment Engineer for the City of Dub lin 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 co st of the proposed improvements to be maintained for Fiscal Year 2023-24, in cluding incidental costs and expenses in connection therewith. The estimate is attach ed 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 Diagr am of the District showing t he exterior boundaries of the District, the boundaries of any zo nes within the District and t he lines and dimensions of each lot or parcel of land within the Distr ict. 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.
173
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ENGINEER’S REPORT 4 The lines and dimension of each lot or parc el 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 apporti onment of assessments, based upon each parcel’s land use classification within the District in proporti on to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the es timated cost of the improvements to be apportioned to each benefited parcel of land wit hin 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.
174
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the continued ma intenance and servicing of the landscaping and open space areas within the following areas:
1. Portions of the northerly and southerly street frontages fo r 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 R oad, 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 fac ilities which are appurte nant to any of the foregoing, or which are necessary or conv enient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, si dewalks, 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 ordinar y 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 pav ing, 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 tr eating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls an d other improvements to remove or cover graffiti;
175
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 PLANS AND SPECIFICATIONS 6 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; e. Any other expenses incidental to th e 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 serv ices and materials for the ordinary and usual maintenan ce, 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 light ing 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. 176
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 7 PART B
ESTIMATE OF COSTS
All landscaping and other eligib le 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 maintenan ce associated with the improvements , including all
labor, personnel, equipment, materials, and adm inistrative expenses. The summary also shows the estimated fund balan ce, and the projected contri bution/(transfer) based upon the estimated expenditures and assessment rev enue. 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 main tenance 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 administrat ion, including preparation of the Engineer’s Report, resolutions, and levy subm ittal 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 b ills. Alameda County charges 1.7% of the total levy amount.
177
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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. Nega tive 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 fisca l year and provides the Dist rict 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 pl an for proposed improvements and expenditures that are greater than can be c onveniently raised from a single annual assessment. Depending on the nature of the planned improv ements, the collection of fu nds 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 accumulate d in the Capital Improvement Fund is for a specific planned project (budgeted separatel y), 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 or such funds are needed to pay for the annual operation and maintenance of the District improvements. The actual fund balances and expenditures for capital improvements are clearly identified un der the Fund Balance In formation section of the Cost estimate.
Balance to Levy – This is the total am ount to be collected for the current fiscal year through the annual assessments (f or special benefits). The Ba lance to Levy represents the sum of Total District (Direct and Administ ration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs re lated 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 2023-24 and 2024-25.
178
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 9 FY 2023-24
Cost Estimate
Projected
FY 2024-25
Cost Estimate
DISTRICT REVENUES
Estimated Assessment Revenues 380,680 $ 388,294 $ Contributions from Other Revenue Sources 11,000 $ 12,000 $ Total District Revenues1 391,680$ 400,294 $
DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) 213,377 $ 219,778 $ Maintenance - Landscape (MCE Additional) - $ - $ Utilities - Electricity 900$ 945 $
Utilities - Water 121,716$ 127,802 $
Miscellaneous Expenses 14,700$ 15,435 $
Legal Notices 592$ 610 $
District Administration 3,512$ 3,617 $
Public Works Administration -$ - $ County Collection Fee 7,210$ 7,426 $
Total District Costs 362,007$ 375,614 $
MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) -$ 6,803$ Capital Improvement Fund Collection/(Transfer) 29,673 $ 17,877 $ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 29,673$ 24,680 $ Balance to Levy 380,680$ 388,294 $
Variance Between Estimated Assessment Revenue and Balance to Levy -$ - $ Total Es timated As s es s ment Revenues at Maximum Rate2 709,961$ 724,160 $ Variance above/(below) Maximum Revenue (329,281)$ (335,867) $
FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/23 and 7/21/24) 181,004 $ 181,004 $ Reserve Fund Adjustment -$ 6,803$
Transfer From/(To) Capital Improvement Fund - $ - $ Prior/Penalties/Public Damage -$ - $ Interest -$ - $
Projected Operating Reserve Fund Balance at FY End (est. 6/30/24 and 6/30/25) 181,004$ 187,807 $ Beginning Capital Imrpovement Fund Balance (est. 7/1/23 and 7/1/24) 958,900 $ 988,573 $ Capital Improvement Fund Adjustments 29,673 $ 17,877 $ Transfer From/(To) Reserve Fund -$ - $ Prior/Penalties/Public Damage -$ - $ Interest -$ - $
Project Capital Imrpovement Fund Balance at FY end (est. 6/30/24 and 6/30/25) 988,573$ 1,006,450 $ 1Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2The Maximum Assessment Revenue for Fiscal Year (FY) 2024/25 was estimated to be equal to the FY 2023/24 Maximum Assessment Revenues and escalated by 2%.
Table 2: COST ESTIMATE
Landscape & Lighting District No. 1997-1
179
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for ma intenance, funds are al so allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authoriz ed to be maintained by the District. These funds are collected and often a ccumulated 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 projec ts 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 two- year cycle.
Persimmon Drive Asphalt Path Rehabilitation: The City has identified the need for rehabilitation of the asphalt trail adjacent to Persimmon Drive.
180
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ASSESSMENT DIAGRAM 11 PART C
ASSESSMENT DISTRICT DIAGRAM
The boundaries of the District are shown here in. The lines and dimensions of each parcel within the District are those lines and dim ensions 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.
181
City of Dublin
Landscape and Lighting District No. 1997-1
Assessment Diagram
! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !
!
!
!
!
! ! ! !
!
!
!
!
!
!
!
!
! !
!
!
!
!
!
! ! ! ! !
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!!!!!!!!!!!!!!!!!!!!!!!!
!
!
!!!
!
!!!!!!!!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
!
Dublin Blvd
Central PkwyHacienda Dr
Tassajara Rd
Arnold Rd
Gleason Dr
¯600 0 600 1,200300
Feet
Legend
!
!
!
! LLAD 1997-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1997-1
182
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 13 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of a ssessment districts by agencies for the purpose of providing certain public impr ovements 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 assessment s in the District therefore reflects the composition of the parcels, and the improv ements and services pr ovided, 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 sha ll separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been care fully reviewed by the City and the corresponding assessments have been proporti onately spread to each parcel based on special benefits received from the improvements as determ ined 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 Dis trict 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 re sult of developing properties within the District and the ongoing maintenance and operation of thes e improvements will di rectly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visibl e to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the Distr ict and were not requi red, nor necessarily desired by any properties or developments out side the District boundary and any public access or use of the improv ements by others is incidental. Therefore, it has been 183
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 14 determined that the improvements and the ongoing maintenance, servicing and operation of those improvement s 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 apporti onment (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 environm ent within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through im proved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the Distr ict resulting from well-maintained improvements associated with the properties.
6) Enhanced quality of life through well-ma intained green space and landscaped areas.
7) Reduced criminal activity and property- related crimes (especially vandalism) against properties in the District th rough 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 c ontribute to the aesthetic valu e and desirability of each of the assessed parcels within the District and thereby prov ide a special enhancement of the properties. Furthermore, it has been determi ned that the lack of fu nding to properly service and maintain the District impr ovements would have a negative impact on the properties within the District.
Non-Assessable Properties — Within the boundaries of t he District, there are several types of properties that are considered to re ceive no special benefit from the District improvements and are therefore not assessed. These parcels include:
184
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 re sulted 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 s quare 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 a ll property within the District.
The cost of the improvement s was divided equally among th e total number of developed properties within the boundaries of the District on a per acre basis.
“Developed acres” shall include property having a recorded fi nal 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 resi dential 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 woul d 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 t he San Francisco-Oakl and-San Jose Area Consumer Price Index for “All Urban Cons umers and Clerical Workers” (applies to all costs except water and electricity), pl us 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 assessm ent shall be reduced proportionately to reflect the reduced cost of improvements in that year.
185
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 2023-24.
Maximum Assessment Rate
It is recognized that the cost of maintainin g the District improvements increases slightly every year because of inflation. As at the time the Distri ct 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 Dis trict’s Annual Escalation Fa ctor annually, two rates were developed based on the cost esti mate that was prepared at th e 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 ra te (the “Utility Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied an nually 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 fo r 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 combinati on of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum A ssessment 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 2023-24.
The timing of the annual per centage increase of the Index was changed beginning in 2018 and for each year thereafter for administr ative purposes, to ensure the City is 186
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 subm ittal and statutory requirements. Each fiscal year starting in 2018, the City shall id entify the annual percentage difference in the Inde x between the most recent cale ndar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fisca l Year 2023-24 was determined based on the difference using the annual amount for ca lendar years 2022 and 2021. Should the Bureau of Labor Statistics revise such Index or discontinue the preparation of such Index, the City shall use the revised index or com parable 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 2023-24.
CPI for 2021 Calendar Year1 304.602
CPI for 2022 Calendar Year1 323.900
% Change in CPI - Increase 6.34%
FY 2022/23 Maximum Rate per Acre - CPI Rate $1,309.24
FY 2023/24 Maximum Rate per Acre - CPI Rate $1,392.19
Prior Year Maximum Utility Budget 2 $116,575
Utility Budget for FY 2023/24 $122,616
% Change in Utilities Rate - Increase3 5.18%
FY 2022/23 Maximum Rate per Acre - Utility Rate $279.01 FY 2023/24 Maximum Rate per Acre - Utility Rate $293.46 FY 2022/23 Maximum Assessment Rate per Acre $1,588.25
FY 2023/24 Maximum Assessment Rate per Acre 4 $1,685.65 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The FY 2022/23 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 2023/24 Maximum CPI Rate + Maximum Utility Rate.
TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape & Lighting District No. 1997-1
187
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 18 If the City Council determines that an inflati on 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 am ount levied. If the cost estimate and assessments for the District require an increas e greater than the adjus tment set forth in the formula, then the proposed increase would be subjec t 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.
188
CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 t he 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 fo r each parcel shown in the assessment roll for Fiscal Year 2023-24.
Parcel identification, the li nes and dimensions of each lo t, 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 lo t and parcel of land within the District.
189
Street Lighting
District No. 1999-1
Fiscal Year 2023-24
Preliminary Engineer’s Report
April 4, 2023
ATTACHMENT 7
190
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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
191
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 CERTIFICATE
ii
ENGINEER'S REPORT
CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1999-1
FISCAL YEAR 2023-24
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 C onstitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Street s and Highways Code.
The undersigned certifies that he is a Professional Engineer, r egistered in the State of California.
Dated: March 23, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
192
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 INTRODUCTION
1 SECTION I
INTRODUCTION
The Ci ty of D ublin (“City”) levies a nd collects special assessm ents on pa rcels w ithin the City of D ublin 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 Dis trict w as initially formed in 1 999 to provide a dedicated source of funding for the ongoing maint enance of public s treet lighting improvements w ithin the b oundaries of the Dublin Ranch development ( excluding t he golf course). Tract 70 67, which is t he C lifton Park development off Mountain Rose P lace 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, in cluding areas B, C, F a nd H were annexed to the District in December 2005. Fallon V illage (Tract 7586) w as a nnexed to the D istrict in 20 07, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011. Tract 8102, which is the Tassajara Hills Phase 1 was annexed to the District in 2017. One reason for the formation of the D istrict w as that a special decorative lighting fixture was d esigned 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 C alifornia Constitution A rticle 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.
193
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 2023-24 for each property type is shown in the table below.
Property Type EDU Factor Asse ssme nt Ra te
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
194
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 2023-24
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 o f Dublin on April 4, 2023, 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 (Introduct ion), 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 2023-24, 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 t he 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 fi le in the Office of the Director of Public Works of the City of Dublin.
195
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 pr epared. 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 incorporat ed herein by reference.
196
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the continued installation, maintenance, and servicing of street lighting improvement s 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 maint enance 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–time 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 limit ed 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, 197
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 illumin ating 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.
198
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
7 PART B
ESTIMATE OF COSTS
All public streetlights and other eligible improvements within the District are maintained and serviced o n a regular basis. The proposed cost estimate for the District is shown on a following page herein . This i ncludes 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. T he summary also shows the estimated fund bal ance, a nd the projected contribution/(transfer) based upo n 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 C ounty – The cos t of street light main tenance 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 i nto a ny of the other District Costs defined above.
Le
gal 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 t he C ounty. T hese fe es can also inclu de a ny 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.
199
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
8 County Collection Fee – The cost to the District for the County to collect assessments on the annual secured pr operty ta x bills. A lameda 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 S ection 22569 (a), provides for a District Reserve Fund for o perations. Negative amounts shown for this cost estimate item represent transfers from t he Reserve Fu nd that r educes t he Balance to Levy. Maintaining a f ully funded Operating Reserve eliminates the n eed for the C ity to transfer funds fr om non–District accounts to pay fo r operational e xpenses during the first half of the fiscal year a nd provides t he Distr ict with suffici ent 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 Distri ct to esta blish by reso lution an assessment installment plan fo r proposed im provements and expe nditures that a re greater than can be conveniently raised from a single annual assessment. D epending on the nature of the planned i mprovements, 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 co llected sha ll be accum ulated in a s eparate i mprovement 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.
B
ecause 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 or such funds are needed to pay for the annual operation and maintenance of the District improvements . The actual fund balances and expenditures for Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate.
Balance to L evy – This is the total a mount to be collected for t he current f iscal y ear through the an nual assessments (for special benefits). T he B alance to Levy represents the sum of Total District ( Direct and Administration) Costs, Reserve Fu nd Co ntributions or Transfers, Contributions from Other R evenue Sources, and the Contribution Replenishment (if any) . Only t hose costs re lated to the i mprovements 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 2023-24 and 2024-25.
200
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
9 FY 2023-24
Cost Estimate
Projected
FY 2024-25
Cost Estimate
DISTRICT REVENUES
Estimated Assessment Revenues 338,543$ 345,314$ Contributions from Other Revenue Sources 13,750$ 15,125$ Total District Revenues1 352,293$ 360,439$
DISTRICT COSTS
Operating Supplies 10,000$ 10,000$
Contract with Alameda County 93,225$ 97,886$ California Street Light Association 400$ 400$ Utilities - Electricity 149,400$ 156,870$
Miscellaneous Expenses -$ -$
Legal Notices 592$ 610$
District Administration 4,000$ 4,120$
Public Works Administration -$ -$
County Collection Fee 6,077$ 6,259$
Total District Costs 263,694$ 276,145$
MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Fund Collection/(Transfer) -$ 6,226$ Capital Improvement Fund Collection/(Transfer) 88,599$ 78,068$ Total Miscellaneous Costs and Collections/(Credits) Applied to Levy 88,599$ 84,293$ Balance to Levy 338,543$ 345,314$
Variance Between Estimated Assessment Revenue and Balance to Levy -$ -$ Total Es timated As s es s ment Revenues at Maximum Rate2 594,262$ 606,147$ Variance above/(below) Maximum Revenue (255,719)$ (260,833)$
FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/23 and 7/1/24) 131,847$ 131,847$ Reserve Fund Adjustment -$ 6,226$
Transfer From/(To) Capital Improvement Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$
Projected Operating Reserve Fund Balance at FY End (est. 6/30/24 and 6/30/25) 131,847$ 138,073$ Beginning Capital Improvement Fund Balance (est. 7/1/23 and 7/1/24) 387,896$ 434,494$ Capital Improvement Fund Adjustments 88,599$ 78,068$ LED Conversions/Special Projects -$ -$ Transfer Out for Capital Improvement Projects (42,000)$ (42,000)$ Transfer From/(To) Reserve Fund -$ -$ Prior/Penalties/Public Damage -$ -$ Interest -$ -$
Project Capital Improvement Fund Balance at FY end (est. 6/30/24 and 6/30/25) 434,494$ 470,562$ 1Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2The Maximum Assessment Revenue for Fiscal Year (FY) 2024/25 was estimated to be equal to the FY 2023/24 Maximum Assessment Revenues and escalated by 2%.
Table 2: COST ESTIMATE
Street Lighting District No. 1999-1
201
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
10 Capital Improvement Projects
In addition to collecting funds annually for ma intenance, funds are al so allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authoriz ed to be maintained by the District. These funds are collected and often a ccumulated 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 projec ts the City plans to address utilizing District funds in the upcoming fiscal year and thereafter.
Light Pole Painting: The City has identified the need fo r regular painting of light poles within the District.
Citywide Energy Improvements: The City identifi ed the need to upgrade streetlights to energy-efficient light emitting diode (LED) technology. The LED project is funded and underway, and no further funding from the District is needed.
202
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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.
203
City of Dublin
Street Lighting District No. 1999-1
Assessment Diagram
¯
0 2,000 4,0001,000
Feet
0 200 400 600100
Feet
Dublin Blvd
Central Pkwy
Fallon Rd
Fallon Rd
Gleason Dr
Poitano Pkwy
Legend
!
! !
!! LLAD 1999-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1999-1
Mountain
Galway Ct
Inspiration Cir
Clifden Ct
Rise Pl
Tract 7067 Tract 8102
204
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 13 PART D
METHOD OF APPORTIONMENT OF ASSESSMENTS
General
The 1972 Act permits the establishment of assessment districts by a gencies for the purpose of providing certain public improvements which incl ude the cons truction, maintenance and servicing of public li ghts, 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 n et am ount to be assessed upon l ands within an assessment district may be apporti oned by any formula or m ethod which fa irly distributes t he n et amount among all assessabl e 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 a ssessments in the D istrict t herefore reflects the composition of the parcels, and the im provements and se rvices 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. O nly special benefits are assessa ble, and an a gency sha ll separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the i mprovements have been carefully reviewed by the City a nd the corresponding assessments have been proportionately spread to each p arcel based on special benefits re ceived from t he improveme nts as determined at the time the District was established.
General B enefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as w ell as the r easons for installing and constructing such improvements, it is evi dent that the improvements are solely the result o f developing properties w ithin t he District and the ongoing maintenance and o peration of these improvements will directly a ffect t he properties within the District. Although the improvements include public areas, easements, rights-of-way, a nd other amenities available or visible to the p ublic at large, the construction a nd installation of these im provements were o nly n ecessary for the development o f properties w ithin the District a nd were not r equired, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is in cid ental. Therefore, it has been 205
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 f acilities 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 w ould 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 th at 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. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.
206
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 15 Assessment Methodology
The spe cial b enefits receiv ed by each parcel w ithin the District a nd each parcel’s proportional annual assessment a re calculated on the basis of a formula that utilizes Equivalent Dwelling Units (EDU). T he EDU method of a pportionment est ablishes a proportional b enefit relationship between the various p arcels w ithin the District a nd the improvements m aintained by the District. T he typical single-family residential parcel is assigned 1 .00 EDU since it represented more t han 85% of the total p arcels within the District.
EDU’s are assigned to the other land uses based upon the pr operty’s development status, type of developm ent (County of A lameda 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 unit s. 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, supermark ets, comme rcial or industrial condominium prior to sale of one unit, a nd miscellaneous comme rcial. In addition, institutional property, such as schools and other types of public property are identified within this category.
Common Open Space —
(County land use 0, 03-05, 65) T his land use identifies properties that are exempt from assessment and are assigned 0.00 ED U. 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 u tilities, cem eteries, a nd planned development common areas.
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
207
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 16 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 f ormula f or increasing assessments for each future fiscal year to o ffset increases in costs due to inflation.
The maximum assessment amount for each property type shal l be increased each fiscal year in an amo unt equal t o 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 ap plied to all costs except utilities (water and electricity), pl us 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 2023-24.
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 yea r starting in 2018, the C ity sha ll id entify the an nual 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 2023- 24 was determined based on the 208
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 17 difference using the annual amount for calendar years 2022 and 2021 . S hould 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 2023-24.
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 2021 Calendar Year1 304.602
CPI for 2022 Calendar Year1 323.900
% Change in CPI - Increase 6.34%
FY 2022/23 Maximum Rate per EDU - CPI Rate $41.28
FY 2023/24 Maximum Rate per EDU - CPI Rate $43.90
Prior Year Maximum Utility Budget 2 $183,600
Utility Budget for FY 2022/23 $149,400
% Change in Utility Rate - Increase3 0.000%
FY 2022/23 Maximum Rate per EDU - Utility Rate $22.85
FY 2023/24 Maximum Rate per EDU - Utility Rate $22.85
FY 2022/23 Maximum Assessment Rate per EDU $64.14
FY 2023/24 Maximum Assessment Rate per EDU 4 $66.75
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 2022/23 and FY 2023/24 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2023/24 Maximum CPI Rate + Maximum Utility Rate.
TABLE 4: MAXIMUM ASSESSMENT RATE
Street Lighting District No. 1999-1
209
CITY OF DUBLIN FY 2023-24
STREET LIGHTING DISTRICT No. 1999-1 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 2023-24.
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.
210
STAFF REPORT
CITY COUNCIL