May 02, 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
REVISED AGENDA
Regular Meeting of the
DUBLIN CITY COUNCIL
Tuesday, May 2, 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, May 2, 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
1 May 02, 2023 Dublin City Council Regular Meeting Agenda 2
3. ORAL COMMUNICATIONS
3.1 Lupus Awareness Month Proclamation
The City Council will present the Lupus Awareness Month Proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
Staff Report
Attachment 1 - Lupus Awareness Month Proclamation
3.2 Employee Introductions
New City of Dublin Staff members, Crystal De Castro, Senior Planner with the Community Development Department, and Gloria Tai, Senior Finance Technician with the Administrative Services Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
Staff Report
3.3 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 April 18, 2023 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 18, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the April 18, 2023 Regular City Council Meeting.
Staff Report
Attachment 1 - April 18, 2023 Regular City Council Meeting Minutes
4.2 Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118
The City Council will consider approving an amendment to the agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge, CIP No. ST0118.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118.
Staff Report
2 May 02, 2023 Dublin City Council Regular Meeting Agenda 3
Attachment 1 - Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project CIP No. ST0118 Attachment 2 - Exhibit A to the Resolution - Amendment #2 to Consulting Services Agreement between the City of Dublin and MNS Engineers, Inc.
Attachment 3 - Agreement and Amendment #1 with MNS Engineers, Inc.
Attachment 4 - CIP No. ST0118
4.3 Two-Year Strategic Plan Quarterly Update
The City Council will receive a status update on the City’s Two-Year Strategic Plan.
STAFF RECOMMENDATION:
Receive the report.
Staff Report
Attachment 1 - Strategic Plan Quarterly Update
5. WRITTEN COMMUNICATION – None.
6. PUBLIC HEARING
6.1 Street Lighting Maintenance District 1983-1; Landscape and Lighting District 1983-2; Landscape and Lighting District 1986-1; Landscape and Lighting District 1997-1; Street Lighting District 1999-1
The City Council will consider approving the Engineer’s Reports and the levy of special assessments in each of the five assessment districts for Fiscal Year 2023-24. A public hearing is required to set the annual levy.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Approving the Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin 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 District 1999-1.
Staff Report
Attachment 1 - Resolution Approving Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin LLMDs Attachment 2 - City Council Staff Report dated April 4, 2023 (without attachments) Attachment 3 – Engineer’s Report for Street Lighting Maintenance District 1983-1 Attachment 4 – Engineer’s Report for Landscape and Lighting District 1983-2 Attachment 5 – Engineer’s Report for Landscape and Lighting District 1986-1 Attachment 6 – Engineer’s Report for Landscape and Lighting District 1997-1 Attachment 7 – Engineer’s Report for Street Lighting Maintenance District 1999-1 Item 6.1 PowerPoint Presentation
7. UNFINISHED BUSINESS – None.
3 May 02, 2023 Dublin City Council Regular Meeting Agenda 4
8. NEW BUSINESS
8.1 City of Dublin Fiscal Year 2023-24 Human Services Grant Program Funding Recommendations
The City Council will consider the funding recommendation from the Human Services Commission for the Human Services Grant Program and approve a funding allocation for Fiscal Year 2023-24.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Funding Recommendations for Fiscal Year 2023-24 Human Services Grant Program.
Staff Report
Attachment 1 - Resolution Approving Funding Recommendations for the Fiscal Year 2023- 24 Human Services Grant Program
Attachment 2 - Exhibit A to the Resolution-Fiscal Year 2023 Human Services Grant Program Funding
Attachment 3 - Human Services Grant Program Past Funding and Human Services Commission Recommendation for Fiscal Year 2023-24
Attachment 4 - City of Dublin Mission and Vision Statements Attachment 5 - Tri-Valley Needs Assessment 14 Areas of Concern Attachment 6 - Grant Application Rating Criteria Worksheet Attachment 7 - Fiscal Year 2023-24 Human Service Grant Applications Item 8.1 PowerPoint Presentation
8.2 Community Development Block Grant Program Review
The City Council will receive a report on the Community Development Block Grant (CDBG) program and consider becoming an Entitlement City and receiving funding directly from the U.S. Department of Housing and Urban Development (HUD) starting in 2024 or remaining in the Alameda County Urban County program. The City currently receives CDBG funding through the Urban County program administered by Alameda County Housing and Community Development (HCD). The City must notify HUD and the County of its decision by June 12, 2023.
STAFF RECOMMENDATION:
Direct Staff to either remain in the Alameda County Urban County program or pursue Entitlement City status and notify HUD and Alameda County HCD of the decision.
Staff Report
Item 8.2 PowerPoint Presentation
8.3 Report on the Public Facilities Fee Program
The City Council will receive an overview on the City’s Public Facilities Fee Program and on the Program update currently underway. Staff is seeking direction on a recommended change to the Program to satisfy the parkland requirement as the City nears build out.
STAFF RECOMMENDATION:
Receive the report and provide direction on Staff’s recommended change to the Program to satisfy the parkland requirements.
Staff Report
Item 8.3 PowerPoint Presentation
4 May 02, 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: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Lupus Awareness Month Proclamation
Prepared by: Cierra Fabrigas, Executive Aide
EXECUTIVE SUMMARY:
The City Council will present the Lupus Awareness Month Proclamation.
STAFF RECOMMENDATION:
Present the proclamation.
FINANCIAL IMPACT:
None.
DESCRIPTION:
Lupus Awareness Month is recognized each year in May. Lupus is a chronic autoimmune disease that causes inflammation of various parts of the body particularly the skin, heart, joints, and kidneys. Research shows that more than 1.5 million Americans have been diagnosed with lupus, which strikes women nine times more frequently than it does men. Early diagnosis and proper treatment are crucial to the quality of life and survival rate of lupus sufferers, and increased public awareness, education, and research are the key to winning the battle against this disease.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
6
ATTACHMENTS:
1) Lupus Awareness Month Proclamation
7 Attachment 1
A PROCLAMATION OF THE CITY COUNCIL
CITY OF DUBLIN, CALIFORNIA
“Lupus Awareness Month”
WHEREAS, the Lupus Foundation of America is recognizing May as Lupus Awareness Month and asks citizens to put extra effort into letting the world know about lupus; and
WHEREAS, systemic lupus erythematosus (lupus) happens when the immune system, which normally helps protect the body from infection and disease, attacks its own tissues. This attack causes inflammation and, in some cases, permanent tissue damage; and WHEREAS, lupus causes the body’s defense system to attack healthy cells and tissues, instead of viru ses and bacteria. This can damage many parts of the body such as the joints, skin, kidneys, heart, lungs, blood vessels and brain; and WHEREAS, anyone can get lupus; however, women get the disease more often than men do; and WHEREAS, symptoms of lupus vary, and they may come and go. The times when a person is having symptoms are called flares, which can range from mild to severe. New symptoms may appear at any time; and WHEREAS, some of the most common symptoms of lupus are pain or swelling in the joints , muscle pain, fever with no known cause, red rashes most often on the face, chest pain when taking a deep breath, hair loss, pale or purple fingers or toes, se nsitivity to the sun, swelling in the legs or around the eyes, mouth sores, swollen glands, and feeling very tired.
NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 202 3 as “Lupus Awareness Month” in the City of Dublin and encourages all citizens to observe this month by educating themselves on the symptoms and impact of lupus.
DATED: May 2, 2023
Mayor Melissa Hernandez Vice Mayor Michael McCorriston
Councilmember Sherry Hu Councilmember Jean Josey Councilmember Kashef Qaadri 8 STAFF REPORT
CITY COUNCIL
Agenda Item 3.2
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Employee Introductions
Prepared by: Sarah Monnastes, Human Resources Director EXECUTIVE SUMMARY:
New City of Dublin Staff members, Crystal De Castro, Senior Planner with the Community Development Department, and Gloria Tai, Senior Finance Technician with the Administrative Services Department, will be introduced.
STAFF RECOMMENDATION:
Welcome the new City of Dublin Staff members.
FINANCIAL IMPACT:
None.
DESCRIPTION:
New City of Dublin Staff members, Crystal De Castro, Senior Planner with the Community Development Department, and Gloria Tai, Senior Finance Technician with the Administrative Services Department, will be introduced.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
9
ATTACHMENTS:
None.
10 STAFF REPORT
CITY COUNCIL
Agenda Item 4.1
EXECUTIVE SUMMARY:
The City Council will consider approval of the minutes of the April 18, 2023 Regular City Council Meeting.
STAFF RECOMMENDATION:
Approve the minutes of the April 18, 2023 Regular City Council Meeting.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council will consider approval of the minutes of the April 18, 2023 Regular City Council Meeting.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) April 18, 2023 Regular City Council Meeting Minutes
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of the April 18, 2023 Regular City Council Meeting Prepared by: Marsha Moore, MMC, City Clerk
11 MINUTES OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
Regular Meeting: April 18, 2023
DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
April 18, 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 6:00 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
II. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Mayor Hernandez and Councilmember Hu Unrepresented Employee: City Manager
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, April 18, 2023, in the City Council Chamber. The meeting was called to order at 7:05 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 there was no reportable action out of Closed Session and confirmed with Mayor Hernandez the City Council planned to return to Closed Session at the end of the Regular Meeting on both Closed Session items. 3) ORAL COMMUNICATIONS
3.1) Fair Housing Month Proclamation
The City Council presented the Fair Housing Month Proclamation.
Attachment 1
12 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
April 18, 2023
3.2) Crime Victims' Rights Week Proclamation
The City Council presented the Crime Victims' Rights Week Proclamation.
3.3) Public Comment
Brent Songey provided public comment.
Andrea Renzulli provided public comment.
Trevor Kwong provided public comment.
4) CONSENT CALENDAR
4.1) Approved the April 4, 2023, Regular City Council Meeting Minutes.
4.2) Adopted Resolution No. 30-23 titled, “Approving an Amendment to the Agreement with Lynx Technologies, Inc. for GIS Consulting Services.”
4.3) Adopted Resolution No. 31-23 titled, “Authorizing the Continued Participation in the Alameda County Abandoned Vehicle Abatement Program Until May 2033.”
4.4) Adopted Resolution No. 32-23 titled, “Approving a Grant Agreement with School of Imagination to Provide Funding for an Expanded Parking Lot.”
4.5) Adopted Resolution No. 33-23 titled, “Approving the Consulting Services Agreement Between the City of Dublin and Economic and Planning Systems, Inc.”
4.6) Received a listing of payments issued from March 1, 2023 - March 31, 2023, totaling $12,776,142.24.
4.7) Approved the Mayor’s recommendation of Assistant City Manager Colleen Tribby as the Dublin representative on the Tri-Valley Community Television Board of Directors.
On a motion by Councilmember Qaadri, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted the Consent Calendar.
RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Jean Josey, Councilmember
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri
5) WRITTEN COMMUNICATION – None.
13 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
April 18, 2023
6) PUBLIC HEARING – None.
7) UNFINISHED BUSINESS – None.
8) NEW BUSINESS
8.1) 2022-2027 Five-Year Capital Improvement Program Update The City Council received an update of the 2022-2027 Five-Year Capital Improvement Program (CIP) adopted in June 2022, asked clarifying questions, and provided their feedback.
By consensus, the City Council asked Staff to add $1 million into a General Fund reserve for the Library Tenant Improvements Project. In addition, in response to questions about a shade structure for the picnic areas at Stagecoach Park, Staff noted they would add that as part of existing park improvement projects included in the CIP.
Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public commenter period.
8.2) Preliminary Fiscal Year 2023-24 General Fund Budget The City Council received a presentation regarding the Preliminary Fiscal Year 2023-24 Budget, focusing on the General Fund and asked clarifying questions.
Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public commenter period.
8.3) East Ranch Inclusionary Housing and Community Facilities District Proposals The City Council received a presentation on TH East Ranch Dublin, LLC’s (Trumark Homes) proposal to satisfy the requirements of the Inclusionary Zoning Regulations and the formation of Community Facilities Districts (CFDs) for maintenance and to fund the construction of public facilities within the East Ranch development project.
Mayor Hernandez called for a break at 8:34 PM.
Mayor Hernandez reconvened the meeting at 8:41 PM.
Mayor Hernandez opened the public comment period.
Steve Van Dorn provided public comment.
Tom Evans provided public comment.
14 DUBLIN CITY COUNCIL MINUTES
REGULAR MEETING
April 18, 2023
Kathy Layman provided public comment.
Jen Lenard-Benson provided public comment.
Susan Houghton provided public comment.
Ricky Watter provided public comment.
Herb Ritter provided public comment.
Janeen Rubino-Brumm provided public comment.
Mayor Hernandez closed the public comment period.
By consensus, the City Council directed Staff to proceed with the proposal to satisfy the requirements of the Inclusionary Zoning Regulations and the proposed Services CFD. There was not a consensus to proceed with the Facilities CFD as it was presented but a willingness to reopen the discussion with modifications to the proposed inclusionary housing plan. 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). 10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 10:37 PM to an Adjourned Regular Meeting on Tuesday, May 9, 2023, at 5:00 PM.
Mayor
ATTEST:
City Clerk
15 STAFF REPORT
CITY COUNCIL
Agenda Item 4.2
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 Prepared by: William Wahbeh, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an amendment to the agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge, CIP No. ST0118.
STAFF RECOMMENDATION:
Adopt the Resolution Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118.
FINANCIAL IMPACT:
As approved in the 2022-2027 Capital Improvement Program (CIP), the total budget for the Iron Horse Trail Bridge at Dublin Boulevard, CIP No. ST0118, is $14,004,439. The increased compensation of $375,000 proposed with the amendment can be accommodated within the existing project budget. There is no impact to the General Fund.
DESCRIPTION:
The Five-Year Capital Improvement Program (CIP) includes the Iron Horse Trail Bridge at Dublin Boulevard Project (Project), CIP No. ST0118. The construction contract for the bridge was awarded to Goodfellow Sequoia Joint Venture on March 1, 2022 (Resolution No. 18-22) and the bridge is currently under construction. The project is constructing a pedestrian and bicycle bridge structure, support foundations, and graduated ramps facilitating connection to the existing at- grade trail on the north and south sides of Dublin Boulevard at the intersection of Scarlett Drive.
MNS Engineers, Inc. provides construction management and inspection services for the project.
Due to several factors including but not limited to extended project design development time, bid document preparation, storm/weather impacts, and coordination with the adjacent Don Biddle 16
Community Park and Scarlett Drive Extension projects, the overall project duration has extended beyond initial estimates. Project construction is anticipated to be complete in the fall of 2023.
On March 2, 2021, the City Council adopted Resolution No. 18-21 approving an agreement with MNS Engineers, Inc. for preconstruction review and support, construction management, and inspection services for the project. On March 3, 2023, the agreement was amended to extend the agreement term to the end of August.
As construction is now expected to be completed in the fall and post-construction activities will occur beyond the one-year warranty period from construction completion, Staff recommends the agreement with MNS Engineers, Inc. be amended to extend the term to the end of 2024 and increase the total compensation to $1,325,000. This is a $375,000 increase on the overall agreement, with most of the expense related to the daily construction management and inspection services.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving an Amendment to the Agreement with MNS Engineers, Inc. for the Iron Horse Trail Bridge at Dublin Boulevard Project, CIP No. ST0118 2) Exhibit A to the Resolution – Amendment #2 to Consulting Services Agreement Between the City of Dublin and MNS Engineers, Inc.
3) Agreement and Amendment #1 with MNS Engineers, Inc.
4) CIP No. ST0118
17 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AMENDMENT TO THE AGREEMENT WITH MNS ENGINEERS, INC. FOR THE IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD PROJECT, CIP NO. ST0118 WHEREAS, on March 2, 2021, the City Council adopted Resolution No. 18-21 approving an Agreement with MNS Engineers, Inc. (Consultant) for Construction Administration, Inspection and Material Testing for the Iron Horse Trail Bridge at Dublin Boulevard Project (Project); and WHEREAS, on March 1, 2022, the City Council adopted Resolution No. 18-22, awarding construction of the Project to Goodfellow Sequoia A JV and construction has proceeded; and WHEREAS, on March 3, 2023, the City Manager approved Amendment #1 to the Agreement with Consultant, extending the term of the Agreement to August 31, 2023; and WHEREAS, it has been determined that additional time will be required for the Project due to extended project design development, weather impacts, and coordination with the adjacent Scarlett Drive extension project and the Don Biddle Community Park project; and WHEREAS, the City of Dublin desires to extend the term of the Agreement through the Project post-construction phase, including the one year warranty period following completion of construction and acceptance of the project; and
WHEREAS, the Consultant’s services through the extended Agreement term and the Project post-construction phase are estimated to cost $375,000, which can be covered by the existing Project budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with MNS Engineers, Inc. attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.
{Signatures on the following page}
18 Attachment 1
Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
19
AMENDMENT #2 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MNS ENGINEERS, INC.
WHEREAS, on March 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as ("CONSULTANT") entered into a Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, on March 3, 2023, the City Manager approved Amendment No. 1 to the Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard Project; and
WHEREAS, the existing AGREEMENT will expire on August 31, 2023 and the not to exceed compensation amount is $950,000.00; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through December 31, 2024, by modifying section 1.1 of the Agreement; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to increase the not to exceed compensation amount to $1,325,000.00 by modifying section 2 of the Agreement; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to update the project schedule by modifying Exhibit B; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City's right to terminate the Agreement as provided for in Section 8. 2) Section 2 COMPENSATION, the first paragraph shall be rescinded in its entirety and replaced with the following:
ATTACHMENT 2
20
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $1,325,000.00 notwithstanding any contrary indications that may be contained in the Consultant’s proposal, for services to be performed and reimbursable costs incurred under his Agreement. In the event of a conflict between this Agreement and the Consultant’s proposal, 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. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person.
3) Exhibit B, the project schedule shall be rescinded in its entirety and replaced, attached hereto and incorporated herein as Exhibit B.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT.
5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
21
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN MNS Engineers, Inc.
By: _____________________________ By: _____________________________ Linda Smith, City Manager Greg Chelini, Vice President
Dated:
ATTEST:
By: _____
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
22 J
an Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec P
re-Construction 70,041.50$
Constructability Review
Advert, Bid, Award
Construction 976,710.00$
Submittals
On-Site Construction
Project Closeout 47,020.00$ Role Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Construction Manager 18 8 2 22 20 2 0 19 34 44 24 14 207 232.00 48,024.00$ Contract Manager/Technical Support 0 232.00 -$
Utility Location 2 1.5 1.5 5 145.00 725.00$
Construction Inspector 32 8 10 25 10.5 5 0 22 12 3 127.5 167.00 21,292.50$ 0 0 50 16 14 47 31 7 0 41 46 47 24 14 0 0 0 0 0 0 0 0 0 0 1.5 2 0 0 0 0 0 0 0 0 0 0 339.5 70,041.50$ Construction Manager 47 112 148 172 126 136 136 132 144 112 128 97 120 120 120 120 80 80 2130 232.00 494,160.00$ Construction Inspector 76 85 162 141.5 149 140 139.5 136.5 129 135.5 136.5 140 140 140 140 140 140 2270.5 158.00 358,739.00$ Office Engineer 1.5 14.5 32 32 32 32 36 36 33 44 41 55 20 48 48 48 48 48 48 697 155.00 108,035.00$ Scheduler 13 1.5 2.5 4.5 2 4 3 7 2.5 2 2 4 4 4 4 4 4 68 232.00 15,776.00$ 0 0 0 0 0 0 0 0 0 0 0 0 0 2 62 233 267 369 304 323 316 308 332 285 321 256 312 312 312 312 272 272 0 0 0 0 5165.5 976,710.00$ Construction Manager 40 40 232.00 9,280.00$
Construction Inspector 80 40 40 160 158.00 25,280.00$
Office Engineer 40 10 10 60 155.00 9,300.00$
Optional Warranty Inspection 20 158.00 3,160.00$
0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 120 40 40 0 280 47,020.00$ 0 0 50 16 14 47 31 7 0 41 46 47 24 16 62 233 267 369 304 323 316 308 332 285 322 257 312 312 312 312 272 272 120 40 40 0 5785 1,093,771.50$ Total Labor $1,093,771.50
$1,093,771.50
15,593.71$
15,593.71$
Materials Testing/Special Inspection 55,000.00$
Source Inspection 36,602.00$
Hand Rail Weld Inspection 10,000.00$
CIDH Pile Testing 12,430.00$
114,032.00$
Sub Consultant & Direct Expense Mark-Up $6,481.29
$1,229,878.50
STAFF AUTHORIZED OPTION (Steel Bridge / Welding Source Inspection) Source Inspection 90,000.00$
90,000.00$
Sub Consultant & Direct Expense Mark-Up $5,121.50
$95,121.50
CONTRACT TOTAL, Base Contract + Staff Authorized Option $1,325,000.00 Original Contract = $950,000.00
$375,000.00
Notes:
1. Assumes 160 hours per month based upon 8 hour working days with no overtime. (except for June 2023 during bridge setting and deck pours) Inspector overtime (if any) will be billed at 1.5X
2. Based upon a construction NTP of March 2022 and a construction contract duration of 350 working days
3. Steel bridge will be a prefabricated bridge
4. Steel bridge submittal and Welding Quality Control Plan (WQCP) will be approved within 50 working days of NTP and fabrication completed within 180 working days after submittal approval.
5. Prevailing Wage (PW) rates subject to PW adjustments.
6. Direct costs and subconsultants to be billed at cost plus 5% Source Inspection / Welding / Steel Bridge Assumptions:
7. AWS D1.1 / AWS D1.5 welding standards will be used
8. Assumes quality assurance audits of representative fracture critical welding under AWS D1.5 will be sufficient
9. Bolted connections will be used for vertical splices for top section of arch bridge
10. Assumes out-of-state quality assurance source inspection / audits can be completed for steel bridge fabrication in 42 working days within the 180 working day fabrication duration and minimal non-conformance issues.
11. Assumes no travel to out-of-state fabricator to witness Procedure Qualification Records (PQRs). Also assumes pre-fabrication meetings will be held via teleconference.
12. Source Inspection of "Other Materials" assumes 1 trip out-of-state for each item listed (i.e. anchor bolts, hoops, etc.)
13. Prefabricated steel truss manufacturer must hold AISC shop certification per SSP 55-2.01D(2)(b). The AISC shop certification includes quality control and certification requirements.
Project Schedule
TOTAL COST
PHASE
20232021
TOTAL
HOURS
PHASE
2022
HOURLY
RATE
2022
Staff
STAFF AUTHORIZED OPTION TOTAL
20232021
Perry Hendricks
Tom Loomis, P.E.
PROJECT CLOSEOUT
DIRECT EXPENSES SUB-TOTAL
SUB CONSULTANTS SUB-TOTAL
BASE CONTRACT TOTAL
Miscellaneous
SUBCONSULTANTS SUB-TOTAL
BSK
Materials Subconsutants
Alta Vista Solutions
Construction Administration, Inspection, and Material Testing Iron Horse Trail Bridge at Dublin Boulevard
Perry Hendricks
CONSTRUCTION MANAGEMENT SUB-TOTAL
PRE-CONSTRUCTION SUB-TOTAL
CONSTRUCTION
PRE-CONSTRUCTION
Tom Loomis, P.E.
Thomas Fresquez, P. E.
Marie Dunne
Nathan Norwood
Said Najafi
Chris McDermott, P. E.
*Summer 2024
Tom Loomis, P.E.
PROJECT CLOSEOUT SUB-TOTAL
TOTAL
Marie Dunne
Perry Hendricks
Direct Expenses
Alta Vista Solutions
ABE
Alta Vista Solutions
EXHIBIT B
23 CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
MNS ENGINEERS, INC.
FOR
IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD
THISAGREEMENTfor consultingservicesis madebyandbetweentheCityof Dublin ("City") and MNS Engineers, Inc. (" Consultant") as of March 2, 2021 ( the " Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shallprovideto CitytheservicesdescribedintheScopeof Workattachedas ExhibitA at thetimeand placeandinthemannerspecifiedtherein. Intheeventof a conflictinor inconsistencybetweentheterms of thisAgreementandExhibitA, theAgreementshallprevail.
1. 1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall endon February28, 2023, thedateof completionspecifiedin ExhibitA, andConsultant shall complete the work described in Exhibit A on or before that date, unless the term of theAgreementis otherwiseterminatedorextended, as providedfor in Section8. Thetime providedto Consultantto completetheservicesrequiredbythisAgreementshallnotaffect theCity's rightto terminatetheAgreement, as referencedinSection8. Notwithstanding theforegoingthisAgreementmaybeextendedona monthto monthbasisfor upto 6 monthsuponthewrittenconsentof theConsultantandtheCityManager, providedthat: a) sufficientfundshavebeenappropriatedfor suchpurchase, b) thepricechargedbythe Consultantfor theprovisionof theservesdescribedin ExhibitA doesnotincrease. None of theforegoingshallaffecttheCity's rightto terminatetheAgreementas providedfor in Section 8.
1. 2 Standardof Performance. Consultantshallperformallservicesrequiredpursuantto this Agreementin themannerandaccordingto thestandardsobservedbya competent practitionerof theprofessioninwhichConsultantis engaged.
1. 3 Assignment of Personnel. Consultantshallassignonlycompetentpersonnelto perform servicespursuantto thisAgreement. IntheeventthatCity, initssolediscretion, at any timeduringthetermof thisAgreement, desiresthe reassignmentof anysuchpersons, Consultantshall, immediatelyuponreceivingnoticefromCityof suchdesireof City, reassignsuchpersonor persons.
1.4 Time. Consultantshalldevotesuchtimeto theperformanceof servicespursuantto this Agreementas maybe reasonablynecessaryto meetthestandardof performance providedinSubsection1.2 aboveandto satisfyConsultant's obligationshereunder.
1. 5 Public Works Requirements. Because the services described in Exhibit A include " work performedduringthedesignandpreconstructionphasesof constructionincluding, butnot limitedto, inspectionandlandsurveyingwork," theservicesconstitutea publicworks within the definition of Section 1720( a)( 1) of the California Labor Code. As a result, ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 1 of 15 Attachment 3
24 Consultantis requiredto complywiththeprovisionsof theCaliforniaLaborCode applicableto publicworks, to theextentsetforthin ExhibitD.
1. 6 Public Works Contractor Registration. Consultant agrees, in accordance with Section 1771.1of theCaliforniaLaborCode, thatConsultantoranysubconsultantshallnotbe qualifiedto bidon, belistedina bidproposal, subjectto the requirementsof Section4104 of thePublicContractCode, orengageintheperformanceof anycontractfor publicwork, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless currentlyregisteredandqualifiedto performpublicworkpursuantto CaliforniaLaborCode section 1725. 5. It is not a violation of this section for an unregistered contractor to submit a bidthatis authorizedby Section7029.1of theBusinessandProfessionsCodeor by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registeredto performpublicworkpursuantto Section1725.5 at thetimethecontractis awarded. Nocontractororsubcontractormaybe awardeda contractfor publicworkona publicworksprojectunlessregisteredwiththe Departmentof IndustrialRelationspursuant to California Labor Code section 1725. 5. Consultant agrees, in accordance with Section 1771.4 of theCaliforniaLaborCode, thatif theworkunderthisAgreementqualifiesas publicwork, it is subjectto compliancemonitoringandenforcementbytheDepartmentof Industrial Relations.
Section 2. COMPENSATION. Cityherebyagreesto payConsultanta sumnotto exceedNine HundredandFiftyThousandDollars, ($950, 000) notwithstandinganycontraryindicationsthatmaybe containedin Consultant's proposal, for servicesto be performedandreimbursablecostsincurredunderthis Agreement. Intheeventof a conflictbetweenthisAgreementandConsultant's proposal, attachedas ExhibitA, regardingtheamountof compensation, theAgreementshallprevail. CityshallpayConsultant for servicesrenderedpursuantto thisAgreementat thetimeandinthemannerset forthherein. The paymentsspecifiedbelowshallbetheonlypaymentsfromCityto Consultantfor servicesrendered pursuantto thisAgreement. Consultantshallsubmitall invoicesto Cityinthe mannerspecifiedherein.
Exceptas specificallyauthorizedbyCityinwriting, ConsultantshallnotbillCityfor duplicateservices performedby morethanoneperson.
ConsultantandCityacknowledgeandagreethatcompensationpaidbyCityto Consultantunderthis Agreementis baseduponConsultant's estimatedcostsof providingtheservicesrequiredhereunder, includingsalariesandbenefitsof employeesandsubcontractorsof Consultant. Consequently, theParties furtheragreethatcompensationhereunderis intendedto includethecostsof contributionsto anypensions and/orannuitiesto whichConsultantanditsemployees, agents, andsubcontractorsmaybeeligible. City thereforehasnoresponsibilityfor suchcontributionsbeyondcompensationrequiredunderthisAgreement.
2. 1 Invoices. Consultantshallsubmitinvoices, notmoreoftenthanoncea monthduringthe termof thisAgreement, basedonthecostfor servicesperformedandreimbursablecosts incurredpriorto theinvoicedate. NoindividualperformingworkunderthisAgreementshall bill morethan2,000hoursin a fiscalyearunlessapproved, inwriting, bytheCityManager or his/herdesignee. Invoicesshallcontainthefollowinginformation:
Serialidentificationsof progressbills; i.e., ProgressBillNo. 1forthefirstinvoice, etc.; ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 2 of 15 25 Thebeginningandendingdatesof the billingperiod;
A TaskSummarycontainingtheoriginalcontractamount, theamountof priorbillings, thetotalduethisperiod, the balanceavailableundertheAgreement, andthe percentageof completion;
A copyof theapplicabletimeentriesor timesheetsshallbesubmittedshowingthe following:
o Dailylogsof totalhoursworkedbyeachindividualperformingworkunder 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 projectassignment
o A brief description of the work, and each reimbursable expense Thetotalnumberof hoursof workperformedundertheAgreementbyConsultantand eachemployee, agent, andsubcontractorof Consultantperformingservices hereunder;
The Consultant' s signature;
Consultantshallgiveseparatenoticeto theCitywhenthetotalnumberof hours workedbyConsultantandanyindividualemployee, agent, or subcontractorof Consultantreachesorexceeds800hourswithina 12-monthperiodunderthis AgreementandanyotheragreementbetweenConsultantandCity. Suchnoticeshall includeanestimateof thetimenecessaryto completeworkdescribedin ExhibitA and theestimateof timenecessaryto completeworkunderanyotheragreementbetween ConsultantandCity, if applicable.
2. 2 Monthly Payment. Cityshallmakemonthlypayments, basedon invoicesreceived, for servicessatisfactorilyperformed, andfor authorizedreimbursablecostsincurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements aboveto payConsultant.
2. 3 Final Payment. Cityshallpaythelast 10% of the total sum due pursuant to this Agreementwithin60 daysaftercompletionof theservicesandsubmittalto Cityof a final invoice, if all servicesrequiredhavebeensatisfactorilyperformed.
2. 4 Total Payment. Cityshallpayfor theservicesto berenderedby Consultantpursuantto thisAgreement. Cityshallnotpayanyadditionalsumfor anyexpenseor costwhatsoever incurredby Consultantinrenderingservicespursuantto thisAgreement. Cityshallmake no paymentfor anyextra, further, oradditionalservicepursuantto thisAgreement.
In noeventshallConsultantsubmitanyinvoicefor anamountin excessof themaximum amountof compensationprovidedaboveeitherfor a taskorfor theentireAgreement, ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MINISEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 3 of 15 26 unlesstheAgreementis modifiedpriorto thesubmissionof suchaninvoicebya properly executed change order or amendment.
2. 5 Hourly Fees. Feesfor workperformedbyConsultanton anhourlybasisshallnotexceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2. 6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall notexceed $70,044.14. Expensesnotlistedin ExhibitB arenotchargeableto City.
Reimbursableexpensesare includedin thetotalamountof compensationprovidedunder this Agreement that shall not be exceeded.
2. 7 Paymentof Taxes. Consultantis solelyresponsibleforthe paymentof employmenttaxes incurredunderthisAgreementandanysimilarfederalor statetaxes.
2. 8 Paymentupon Termination. IntheeventthattheCityorConsultantterminatesthis Agreementpursuantto Section8, theCityshallcompensatetheConsultantfor all outstandingcostsandreimbursableexpensesincurredforworksatisfactorilycompletedas of the date of written notice of termination. Consultant shall maintain adequate logs and timesheetsto verifycostsincurredto thatdate.
2. 9 Authorization to PerformServices. TheConsultantis notauthorizedto performany servicesor incuranycostswhatsoeverunderthetermsof thisAgreementuntilreceiptof authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole costandexpense, provideallfacilitiesandequipmentthatmaybe necessaryto performtheservices requiredbythisAgreement. Cityshallmakeavailableto Consultantonlythefacilitiesandequipmentlisted in thissection, andonlyunderthetermsandconditionssetforthherein.
Cityshallfurnishphysicalfacilitiessuchas desks, filingcabinets, andconferencespace, as maybe reasonablynecessaryfor Consultant's usewhileconsultingwithCityemployeesandreviewingrecordsand the informationinpossessionof theCity. The location, quantity, andtimeof furnishingthosefacilitiesshall be inthesolediscretionof City. In noeventshallCitybeobligatedto furnishanyfacilitythatmayinvolve incurringanydirectexpense, includingbut notlimitedto computer, long-distancetelephoneor other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCEREQUIREMENTS. BeforefullyexecutingthisAgreement, Consultant, at its owncostandexpense, unlessotherwisespecifiedbelow, shallprocurethetypesandamountsof insurance listedbelowagainstclaimsfor injuriesto personsor damagesto propertythatmayarisefromor in connectionwiththe performanceof theworkhereunderbytheConsultantanditsagents, representatives, employees, andsubcontractors. Consistentwiththefollowingprovisions, Consultantshallprovideproof satisfactoryto Cityof suchinsurancethatmeetstherequirementsof thissectionandunderformsof insurancesatisfactoryinall respects, andthatsuchinsuranceis in effectpriorto beginningwork.
Consultantshallmaintaintheinsurancepoliciesrequiredbythissectionthroughoutthetermof this Agreement. Thecostof suchinsuranceshallbeincludedintheConsultant's bidor proposal. Consultant shallnotallowanysubcontractorto commenceworkon anysubcontractuntilConsultanthasobtainedall ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 4 of 15 27 insurancerequiredhereinfor thesubcontractor(s) andprovidedevidenceto Citythatsuchinsuranceis 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 StatutoryWorkers' CompensationInsuranceandEmployer's LiabilityInsurancefor anyandall personsemployeddirectlyor indirectlybyConsultant. TheStatutory Workers' CompensationInsuranceandEmployer's LiabilityInsuranceshallbe provided with limits of not less than $1,000,000 per accident. In the alternative, Consultantmayrelyona self-insuranceprogramto meettheserequirements, but onlyif theprogramof self-insurancecompliesfullywiththeprovisionsof the CaliforniaLaborCode. Determinationof whethera self-insuranceprogrammeets thestandardsof theCaliforniaLaborCodeshallbesolelyinthediscretionof the Contract Administrator.
TheWorkers' Compensationpolicyshallbeendorsedwitha waiverof subrogation infavorof theentityfor allworkperformedbytheConsultant, itsemployees, agents, and subcontractors.
4. 1. 2 Submittal Requirements. To complywithSubsection4.1, Consultantshall submitthefollowing:
Certificateof LiabilityInsurancein theamountsspecifiedinthesection; and
Waiverof SubrogationEndorsementas requiredbythesection.
4. 2 CommercialGeneraland Automobile Liability Insurance.
4. 2. 1 General Requirements. Consultant, at its own cost and expense, shall maintain commercialgeneralliabilityinsurancefor thetermof thisAgreementin an amount notlessthan $1,000,000andautomobileliabilityinsurancefor thetermof this Agreementin anamountnotlessthan $1,000,000peroccurrence, combined singlelimitcoveragefor risksassociatedwiththeworkcontemplatedbythis Agreement. If a CommercialGeneralLiabilityInsuranceoranAutomobileLiability formor otherformwitha generalaggregatelimitis used, eitherthegeneral aggregatelimitshallapplyseparatelyto theworkto beperformedunderthis Agreementor thegeneralaggregatelimitshallbeat leasttwicethe required occurrencelimit. Suchcoverageshallincludebutshallnotbe limitedto, protection againstclaimsarisingfrombodilyandpersonalinjury, includingdeathresulting therefrom, anddamageto propertyresultingfromactivitiescontemplatedunder thisAgreement, includingtheuseof ownedandnon -ownedautomobiles.
ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 5 of 15 28 4. 2. 2 MinimumScopeof Coverage. Commercialgeneralcoverageshallbeat leastas broadas InsuranceServicesOfficeCommercialGeneralLiabilityoccurrenceform CG0001 (mostrecentedition) coveringcomprehensiveGeneralLiabilityon an occurrence" basis. Automobile coverage shall be at least as broad as Insurance ServicesOfficeAutomobileLiabilityformCA0001, Code1 (anyauto). No endorsementshallbeattachedlimitingthecoverage.
4. 2. 3 Additional Requirements. Eachof thefollowingshallbeincludedin the insurancecoverageoraddedasa certifiedendorsementto thepolicy:
The Insurance shall cover on an occurrence or an accident basis, and not on a claims - made basis.
City, itsofficers, officials, employees, andvolunteersareto becoveredas additionalinsuredsas respects: liabilityarisingoutof workoroperations performedbyoron behalfof theConsultant; orautomobilesowned, leased, hired, or borrowedbytheConsultant.
C. Consultantherebyagreesto waivesubrogationwhichanyinsureror contractormayrequirefromvendorbyvirtueof thepaymentof anyloss.
Consultantagreesto obtainanyendorsementsthatmaybe necessaryto effect this waiver of subrogation.
For any claims related to this Agreement or the work hereunder, the Consultant's insurancecoverageshallbe primaryinsuranceas respects theCity, itsofficers, officials, employees, andvolunteers. Anyinsurance orself-insurancemaintainedbytheCity, itsofficers, officials, employees, or volunteers shall be excess of the Consultant' s insurance and shall not contribute with it.
4. 2. 4 Submittal Requirements. To complywithSubsection4.2, Consultantshall submitthefollowing:
a. Certificateof LiabilityInsuranceintheamountsspecifiedin thesection; b. AdditionalInsuredEndorsementas requiredbythesection; Waiverof SubrogationEndorsementas requiredbythesection; and PrimaryInsuranceEndorsementas requiredbythesection.
4. 3 Professional Liabilitv Insurance.
4. 3. 1 General Requirements. Consultant, at its own cost and expense, shall maintain for theperiodcoveredbythisAgreementprofessionalliabilityinsurancefor licensedprofessionalsperformingworkpursuantto thisAgreementinan amount ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 6 of 15 29 notlessthan $2,000,000coveringthelicensedprofessionals' errorsand omissions. Anydeductibleor self -insuredretentionshallnotexceed $150,000per claim.
4. 3. 2 Claims -MadeLimitations. Thefollowingprovisionsshallapplyif theprofessional liabilitycoverageiswrittenon a claims -madeform:
Theretroactivedateof thepolicymustbeshownandmustbebeforethe date of the Agreement.
Insurance must be maintained and evidence of insurance must be providedfor at least5 yearsaftercompletionof theAgreementor the work, so longas commerciallyavailableat reasonablerates.
C. If coverage is canceled or not renewed and it is not replaced with another claims -madepolicyformwitha retroactivedatethatprecedesthedateof thisAgreement, Consultantshallpurchasean extendedperiodcoverage for a minimumof 5 yearsaftercompletionof workunderthisAgreement.
A copyof theclaimreportingrequirementsmustbesubmittedto theCity for reviewpriorto thecommencementof anyworkunderthisAgreement.
4. 3. 3 Additional Requirements. A certifiedendorsementto includecontractualliability shall be included in the policy.
4. 3. 4 Submittal Requirements. To complywithSubsection4.3, Consultantshall submittheCertificateof LiabilityInsuranceintheamountsspecifiedinthe section.
4. 4 All Policies Requirements.
4. 4. 1 Acceptability of Insurers. All insurancerequiredbythissectionis to beplaced withinsurerswitha Bests' ratingof no lessthanANIL
4. 4. 2 Verification of Coverage. Priorto beginninganyworkunderthisAgreement, ConsultantshallfurnishCitywithcompletecopiesof all Certificatesof Liability Insurancedeliveredto Consultantbythe insurer, includingcompletecopiesof all endorsementsattachedto thepolicies. All copiesof Certificatesof Liability Insuranceandcertifiedendorsementsshallshowthesignatureof a person authorizedbythat insurerto bindcoverageon its behalf. IftheCitydoesnot receivetherequiredinsurancedocumentspriorto theConsultantbeginningwork, it shallnotwaivetheConsultant's obligationto providethem. TheCityreserves the rightto requirecompletecopiesof allrequiredinsurancepoliciesat anytime.
4. 4. 3 Deductibles and Self -Insured Retentions. Consultant shall disclose to and obtainthewrittenapprovalof Cityfor theself -insuredretentionsanddeductibles beforebeginninganyof theservicesor workcalledfor byanytermof this ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 7 of 15 30 Agreement. At theoptionof theCity, either: theinsurershallreduceor eliminate suchdeductiblesor self -insuredretentionsas respectstheCity, itsofficers, employees, andvolunteers; ortheConsultantshallprovidea financialguarantee satisfactoryto theCityguaranteeingpaymentof lossesandrelatedinvestigations, claim administration and defense expenses.
4. 4. 4 Wasting Policies. NopolicyrequiredbythisSection4 shallincludea "wasting" policylimit (i.e. limitthatis erodedbythecostof defense).
4. 4. 5 EndorsementRequirements. EachinsurancepolicyrequiredbySection4 shall beendorsedto statethatcoverageshallnotbecanceledbyeitherparty, except after30days' priorwrittennoticehasbeenprovidedto theCity.
4. 4. 6 Subcontractors. Consultant shall include all subcontractors as insureds under its policiesor shallfurnishseparatecertificatesandcertifiedendorsementsfor each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
4.5 Remedies. Inadditionto anyotherremediesCitymayhaveif Consultantfailsto provide or maintainanyinsurancepoliciesor policyendorsementsto theextentandwithinthetime hereinrequired, Citymay, at itssoleoptionexerciseanyof thefollowingremedies, which arealternativesto otherremediesCitymayhaveandare nottheexclusiveremedyfor Consultant' s breach:
Obtainsuchinsuranceanddeductandretaintheamountof thepremiumsfor such insurancefromanysumsdueundertheAgreement;
OrderConsultantto stopworkunderthisAgreementorwithholdanypaymentthat becomesdueto Consultanthereunder, or bothstopworkandwithholdanypayment, until Consultant demonstrates compliance with the requirements hereof; and/ or Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT' S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6. 1 IndependentContractor. At alltimesduringthetermof thisAgreement, Consultantshall be anindependentcontractorandshallnotbean employeeof City. ThisAgreementshall notbeconstruedas an agreementfor employment. Cityshallhavetherightto control Consultantonlyinsofarasthe resultsof Consultant's servicesrenderedpursuantto this Agreementandassignmentof personnelpursuantto Subsection1.3; however, otherwise Cityshallnothavetherightto controlthemeansbywhichConsultantaccomplishes servicesrenderedpursuantto thisAgreement. Contractorfurtheracknowledgesthat ContractorperformsServicesoutsidetheusualcourseof theCity's business; andis ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 8 of 15 31 customarilyengagedin anindependentlyestablishedtrade, occupation, or businessof the samenatureastheContractorperformsfor theCity, andhastheoptionto performsuch workfor otherentities. NotwithstandinganyotherCity, state, or federalpolicy, rule, regulation, law, or ordinanceto thecontrary, Consultantandanyof itsemployees, agents, andsubcontractorsprovidingservicesunderthisAgreementshallnotqualifyfor or becomeentitledto, andherebyagreeto waiveanyandallclaimsto, anycompensation, benefit, or anyincidentof employmentby City, includingbut notlimitedto eligibilityto enroll in the California Public Employees Retirement System ( PERS) as an employee of Cityandentitlementto anycontributionto be paidbyCityfor employercontributionsand/or employee contributions for PERS benefits.
6. 2 Consultant Not an Agent. Exceptas Citymayspecifyinwriting, Consultantshallhaveno authority, expressor implied, to acton behalfof Cityinanycapacitywhatsoeveras an agent. Consultantshallhavenoauthority, expressor implied, pursuantto thisAgreement to bindCityto anyobligationwhatsoever.
Section 7. LEGAL REQUIREMENTS.
7. 1 GoverningLaw. Thelawsof theStateof CaliforniashallgovernthisAgreement.
7. 2 Compliancewith Applicable Laws. Consultantandanysubcontractorsshall, at all times, exerciseStandardof Careto complywithall lawsandregulationsapplicableto the performanceof theworkhereunder, includingbutnotlimitedto, theCaliforniaBuilding Code, theAmericanswith DisabilitiesAct, andanycopyright, patentortrademarklaw.
Consultant's failureto complywithanylaw(s) or regulation(s) applicableto the performanceof theworkhereundershallconstitutea breachof contract.
7. 3 OtherGovernmentalRegulations. To theextentthatthisAgreementmaybefundedby fiscalassistancefromanothergovernmentalentity, Consultantandanysubcontractors shallcomplywithall applicablerulesandregulationsto whichCityis boundbythetermsof suchfiscalassistanceprogram.
7.4 Licensesand Permits. Consultantrepresentsandwarrantsto CitythatConsultantand its employees, agents, and any subcontractors have all licenses, permits, qualifications, andapprovalsof whatsoevernaturethatarelegallyrequiredto practicetheirrespective professions. Consultantrepresentsandwarrantsto CitythatConsultantandits employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at alltimesduringthetermof thisAgreementanylicenses, permits, andapprovalsthatare legallyrequiredto practicetheirrespectiveprofessions. Inadditionto theforegoing, Consultantandanysubcontractorsshallobtainandmaintainduringthetermof this AgreementvalidBusinessLicensesfromCity.
7. 5 Nondiscriminationand EqualOpportunity. Consultantshallnotdiscriminate, onthe basisof a person's race, sex, gender, religion (includingreligiousdressandgrooming practices), nationalorigin, ancestry, physicalor mentaldisability, medicalcondition includingcancerandgeneticcharacteristics), maritalstatus, age, sexualorientation, color, ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 9 of 15 32 creed, pregnancy, geneticinformation, genderidentityorexpression, politicalaffiliationor belief, military/veteranstatus, oranyotherclassificationprotectedbyapplicablelocal, 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 applicantfor anyservicesor programsprovidedby ConsultantunderthisAgreement.
Consultantshallincludetheprovisionsof thisSubsectioninanysubcontractapprovedby the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8. 1 Termination. CitymaycancelthisAgreementat anytimeandwithoutcauseuponwritten notification to Consultant.
ConsultantmaycancelthisAgreementupon30 days' writtennoticeto Cityandshall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services performedto theeffectivedateof termination; City, however, mayconditionpaymentof suchcompensationuponConsultantdeliveringto Cityanyor alldocuments, photographs, computersoftware, videoandaudiotapes, andothermaterialsprovidedto Consultantor preparedbyorfor ConsultantortheCityinconnectionwiththisAgreement.
8. 2 Extension. Citymay, initssoleandexclusivediscretion, extendtheenddateof this Agreementbeyondthat providedfor in Subsection1.1. Anysuchextensionshallrequirea writtenamendmentto thisAgreement, as providedfor herein. Consultantunderstandsand agreesthat, if Citygrantssuchan extension, Cityshallhavenoobligationto provide Consultantwithcompensationbeyondthe maximumamountprovidedfor inthis Agreement. Similarly, unlessauthorizedbytheContractAdministrator, Cityshallhaveno obligationto reimburseConsultantfor anyotherwisereimbursableexpensesincurred duringtheextensionperiod.
8. 3 Amendments. ThePartiesmayamendthisAgreementonlybya writingsignedbyallthe Parties.
8.4 Assignment and Subcontracting. CityandConsultantrecognizeandagreethatthis AgreementcontemplatespersonalperformancebyConsultantandis basedupona determinationof Consultant's uniquepersonalcompetence, experience, andspecialized personalknowledge. Moreover, a substantialinducementto Cityfor enteringintothis Agreementwasandisthe professionalreputationandcompetenceof Consultant.
ConsultantmaynotassignthisAgreementor anyinterestthereinwithoutthepriorwritten approvalof theContractAdministrator. Consultantshallnotsubcontractanyportionof the performancecontemplatedandprovidedfor herein, otherthanto thesubcontractorsnoted in theproposal, withoutpriorwrittenapprovalof theContractAdministrator.
ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 10 of 15 33 8. 5 Survival. All obligationsarisingpriorto theterminationof thisAgreementandall provisionsof thisAgreementallocatingliabilitybetweenCityandConsultantshallsurvive the termination of this Agreement.
8. 6 Options upon Breachby Consultant. If Consultantmateriallybreachesanyof theterms of thisAgreement, City's remediesshallinclude, butare notlimitedto, thefollowing:
8. 6. 1 ImmediatelyterminatetheAgreement;
8. 6. 2 Retaintheplans, specifications, drawings, reports, designdocuments, andany otherworkproductpreparedbyConsultantpursuantto thisAgreement;
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 CitywouldhavepaidConsultantpursuantto Section2 if Consultanthad completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9. 1 Records Created as Part of Consultant' s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, oranyotherdocumentsor materials, inelectronicoranyotherform, that Consultantpreparesor obtainspursuantto thisAgreementandthatrelateto thematters coveredhereundershallbethepropertyof theCity. Consultanthereby agreesto deliver thosedocumentsto theCityuponterminationof theAgreement. It is understoodand agreedthatthedocumentsandothermaterials, includingbutnotlimitedto thosedescribed above, preparedpursuantto thisAgreementarepreparedspecificallyfortheCityandare notnecessarilysuitablefor anyfutureor otheruse. CityandConsultantagreethat, until finalapprovalbyCity, alldata, plans, specifications, reportsandotherdocumentsare confidential and will not be released to third parties without prior written consent of both Parties.
9. 2 Consultant's Books and Records. Consultantshallmaintainanyandall ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencingor relatingto chargesfor servicesor expendituresanddisbursementscharged to theCityunderthisAgreementfor a minimumof 3 years, orfor anylongerperiod requiredbylaw, fromthedateof finalpaymentto theConsultantto thisAgreement.
9. 3 Inspection and Audit of Records. Anyrecordsor documentsthatSubsection9. 2of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copyingat anytimeduringregularbusinesshours, uponoralor writtenrequestof theCity. UnderCaliforniaGovernmentCodeSection8546.7, if theamountof publicfunds expended under this Agreement exceeds $ 10,000. 00, the Agreement shall be subject to ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 11 of 15 34 theexaminationandauditof theStateAuditor, at therequestof Cityoras partof anyaudit of theCity, for a periodof 3 yearsafterfinalpaymentundertheAgreement.
Section 10. MISCELLANEOUS PROVISIONS.
10. 1 Attorneys' Fees. Ifa partyto thisAgreementbringsanyaction, includingan actionfor declaratoryrelief, to enforceor interprettheprovisionof thisAgreement, theprevailing partyshallbeentitledto reasonableattorneys' feesin additionto anyotherreliefto which thatpartymaybeentitled. Thecourtmaysetsuchfeesin thesameactionor ina separate action brought for that purpose.
10. 2 Venue. Intheeventthateitherpartybringsanyactionagainsttheotherunderthis Agreement, thePartiesagreethattrialof suchactionshallbevestedexclusivelyinthe statecourtsof CaliforniaintheCountyof Alamedaor inthe UnitedStatesDistrictCourtfor the Northern District of California.
10. 3 Severability. If a courtof competentjurisdictionfindsor rulesthatanyprovisionof this Agreementis invalid, void, or unenforceable, theprovisionsof thisAgreementnotso adjudgedshallremaininfullforceandeffect. Theinvalidityin wholeor in partof any provisionof thisAgreementshallnotvoidoraffectthevalidityof anyotherprovisionof this Agreement.
10. 4 No ImpliedWaiverof Breach. Thewaiverof anybreachof a specificprovisionof this Agreementdoesnotconstitutea waiverof anyotherbreachof thattermoranyotherterm of this Agreement.
10. 5 Successorsand Assigns. Theprovisionsof thisAgreementshallinureto thebenefitof andshallapplyto andbindthesuccessorsandassignsof the Parties.
10. 6 Useof RecycledProducts. Consultantshallprepareandsubmitall reports, written studiesandotherprintedmaterialon recycledpaperto theextentit is availableat equalor less cost than virgin paper.
10. 7 Conflict of Interest. Consultantmayserveotherclients, butnonewhoseactivitieswithin thecorporatelimitsof Cityorwhosebusiness, regardlessof location, wouldplace Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codifiedat CaliforniaGovernmentCodeSection81000et seq.
ConsultantshallnotemployanyCityofficialintheworkperformedpursuantto this Agreement. Noofficeror employeeof Cityshallhaveanyfinancialinterestinthis AgreementthatwouldviolateCaliforniaGovernmentCodeSection1090et seq.
Consultantherebywarrantsthat it is notnow, norhasit beenintheprevious12months, anemployee, agent, appointee, or officialof theCity. If Consultantwasanemployee, agent, appointee, or officialof theCityin theprevious12months, Consultantwarrantsthat it did notparticipatein anymannerintheformingof thisAgreement. Consultant ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 12 of 15 35 understands that, if this Agreement is made in violation of California Government Code Section1090et seq., theentireAgreementis voidandConsultantwill notbeentitledto anycompensationfor servicesperformedpursuantto thisAgreement, including reimbursementof expenses, andConsultantwill berequiredto reimbursetheCityfor any sumspaidto theConsultant. Consultantunderstandsthat, inadditionto theforegoing, it maybesubjectto criminalprosecutionfor a violationof CaliforniaGovernmentCode Section1090et seq., and, if applicable, will bedisqualifiedfromholdingpublicofficeinthe State of California.
At City's solediscretion, Consultantmayberequiredto filewiththeCitya Form700to identifyanddocumentConsultant's economicinterests, asdefinedandregulatedbythe California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultantis herebyadvisedto contacttheDublinCityClerkforthe Form700and directions on how to prepare it.
10. 8 Solicitation. Consultantagreesnotto solicitbusinessat anymeeting, focusgroup, or interviewrelatedto thisAgreement, eitherorallyorthroughanywrittenmaterials.
10. 9 ContractAdministration. ThisAgreementshallbeadministeredbytheCityManager Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10. 10 Notices. Anywrittennoticeto Consultantshallbesentto:
MNS Engineers, Inc.
Att: Jim Scott
401 Grand Avenue Suite 200
Oakland, CA 94610
Anywrittennoticeto Cityshallbesentto:
Cityof Dublin
Att: Andrew Russell
100 Civic Plaza
Dublin, CA 94568
10. 11 Integration. ThisAgreement, includingthescopeof workattachedheretoand incorporated herein as Exhibits A, B, and C and D represents the entire and integrated agreementbetweenCityandConsultantandsupersedesall priornegotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 13 of 15 36 10. 12 Counterparts. ThisAgreementmaybeexecutedin multiplecounterparts, eachofwhich shall be an original and all of which together shall constitute one agreement.
10. 13 Certification per Iran Contracting Act of 2010. Intheeventthatthiscontractisfor one million dollars ($ 1,000,000.00) or more, by Consultant's signaturebelowConsultant certifiesthatConsultant, andanyparententities, subsidiaries, successorsorsubunitsof Consultantare notidentifiedon a listcreatedpursuantto subdivision (b) of Section2203of theCaliforniaPublicContractCodeas a personengagingin investmentactivitiesin Iranas describedinsubdivision (a) of Section2202.5, or asa persondescribedinsubdivision (b) of Section 2202. 5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
ConsultingServicesAgreementbetweenCityof Dublinand [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Page 14 of 15 37 ThePartieshaveexecutedthisAgreementas of the EffectiveDate. Thepersonswhosesignaturesappear belowcertifythattheyareauthorizedto signonbehalfof therespectiveParty.
CITY OF DUBLIN
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Services Agreementbetween City of Dublinand [ 03/ 02/ 2021] MNS Engineering, Inc. for IronHorseBridgeat DublinBoulevardPage 15 of 15 38 EXHIBIT A
SCOPE OF SERVICES
See attached Scope of Services and Schedule
ConsultingServicesAgreementbetweenCityof Dublinand Last Revised [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Exhibit A — Page 1 of 1 39 EXHIBIT A
SCOPE OF WORK
INTRODUCTION
This project will construct a Class1 bicycle and pedestriantruss arch bridge over Dublin Boulevard near the Dublin Boulevard and Scarlett Drive intersection. The bridge will provide safer and easier Iron Horse Trail access, including accessto and from the Dublin -PleasantonBART station, andwill connect two existing segmentsof the Iron Horse Trail, creatinga total separationof bicyclists and pedestriansfrom motorized vehicles. Construction work will generally consist of miscellaneous clearing and demolition, cast -in -place footing construction, retaining wall installation, bridge fabrication and erection, ADA ramp and steelrailing installation, trail lighting installation, and any associatedpavingwork.
The project' s current engineer' s estimate is between $ 7 and $ 8 million with an estimated project constructionlength of 240working days. Projectworking hoursareanticipatedto beMonday through Friday with standard allowable working hours ( approximately 7:00 AM to 6:00 PM). Special construction conditions may requireSaturday, Sunday, and night work.
The PS&E packageis currently at approximately95% completion and the documentsarereadyfor constructabilityandbid processreview. The City andits designconsultantarecurrently finalizing the licenseagreementfor construction work on AlamedaCounty land.
The Dublin Crossing Specific Plan Environmental Impact Report ( DCEIR) Initial Study/SupplementalMitigated Negative Declaration (IS/ SMND) was approvedby the City Council on April 7, 2020. Per the SMND, the DCEIR adequatelyaddressesthe potential environmental impacts for the project. However, the project must adhere to the requirements of the DCEIR.
Construction permits are required prior to the start of construction activities. Per the DCEIR and IS/ SMND, wetlandssouth of Dublin Boulevardwereidentified to be impactedby this project. As a result, Regional Water Quality Control Board, Section 401, Section 404, and any other permits noted in the DCEIR may be needed. Other construction relatedpermits, suchasan encroachmentpermit, will needto be acquiredprior to the start construction work.
Services Requested
The selected team will provide professional and technical services to provide a pre -bid constructability review, perform bid support, conduct construction management, inspect construction work, and perform material testing for the Iron Horse Trail Bridge project under the supervisionof the City of Dublin.
The following servicesarerequiredunder this contract:
Perform apre -bid 95% design constructability review of the construction documents.
Assist the City'sProject Managerand Designerduring the bid solicitation. 40 Bid Evaluation
Construction Management
Coordination with the City, Contractor, Agencies, and Public Public Works Inspection
Materialstestingand SpecialInspection
Project Closeout documentation
SCOPE OF WORK
The Scope of Services is intended as a guide to illustrate the minimum project requirements.
ServicesDuring Pre -Construction:
The Construction Managerwill assistCity Staff in the following:
1. Perform a review of the 95% designconstruction documentsissuedto the City for review andprovide recommendationsregardingfeasibilityof construction methods, current availabilityof materialsandlabor andtime requirementsfor procurement. Identify materials or servicesthat mayhavealong leadtime and could impact to the project.
2. Reviewconstruction bid documentsand provide written commentsto the City for incorporation into the bid documents by addendum if necessary.
3. Work with the City to develop strategiesto generatemarketinterestin the Project.
4. Take the leadin managingthe bid processincluding receivingbidder's questions, distributing information to the Owner and their consultants, issuingbid addendums, analyzingbids and ultimately make a recommendation of award to the City Project Manager. Provide documentationand substantiationto allow staff to gain Council approvalof award.
5. Take the leadin managingthe Section404, and Section401permits, asrequiredby the DCEIR and stateandlocal agenciesandacquiringand managingthe RWQCB asrequiredby the DCEIR and state and local agencies.
6. Maintain an electronicproject managementfiling systemon the City'snetwork usingthe Microsoft Office Suite.
7. Work with andprovide project specificconstruction recommendationsto the designteam.
Reviewandprovide comment on the construction logisticsplansproduced by the design team.
Services During Construction:
The Construction Managerwill representthe City during construction of the project. The Construction Managerwill perform the following specificservices:
1. Coordinatethe efforts of the engineer, contractor, local agencies, and City to ensureproper communication andprogressof the project. Act asliaisonto the City through the City's Project Manager.
2. Schedule, direct, and supervise the Project Inspector.
3. Coordinateall requiredtesting servicesand review testingreports andmaterialstesting personal.
4 Provide on -site coordination to assurethat the project meets the Plans and Specifications and stays on budget and schedule:
41 5. Review, evaluate, and furnish recommendationsto the City regardingcontractor's performance, construction schedule and any other matters related to compliance with the contract.
6. Provide a dailylog of eventsand activitiesto securethe City'sinterestsand monitor work accomplished in accordance with the contract.
7. Review, track, and assist in the preparation of responses to Contractor RFI' s.
8. Review, track, and assist in the review of Contractor submittals.
9. Reviewandtrack certificatesof complianceand product submittalsfor conformanceto the project SpecialProvisionsand/or CaltransStandardSpecificationsand Plans.
10. Provide a weekly and monthly update outlining project status, schedule, submittals, RFI' s, and changeorder issues. Include pertinent photos or supporting documents. The report shouldinclude ananalysisof anypotential delaysand their actualrelevance. The report shouldbe suitablyformatted to sharewith the City Manager's Office.
11. Review and furnish contract correspondence, minutes of meetings and directives to be issuedto securethe interestsof the City.
12. Reviewandmakerecommendationsregardingpaymentsto contractor including Change Orders, when applicable, andrecommendationsregardinganyproposedchanges. Prepare and provide cost analysiswhere necessary to verify change order costs generated by the Contractor are reasonable and correct in scope.
13. Attend all construction -relatedsitemeetingswith the City'srepresentatives, contractors, and other meetingsbetweenrelatedpartiesasrequired. Maintain separatenoteson such meetings. Assume a minimum of one (1) meeting at the project site each week for the duration of the project within your baseproposal.
14. Verify that the Contractor complieswith the requirementof the Stateof California Notice of Intent ( NOI) requirements.
15. Assist with providing any information to the City Departments, as required.
16. Overseethe generalcontractor and subcontractor's scopeof work to ensurethe General Contractor is providing proper site supervisionand coordination for the executionof the project work.
17. Identify potential claims and make recommendations to resolve them.
18. Upon completion of the project work, provide apunch list review andrecommendationof Project Acceptance.
19. Upon completion of the project work, review all the Contractor' s final submittals to ensure their compliance with final project close-out requirements.
20. Preparedocumentsfor the periodic reporting of grant funds and billings.
The Project Inspector will representthe City during construction andreport to the Construction Manager. The Project Manager will perform the following specific services:
1. Provide on -siteinspection to assurethat the project is constructedin compliancewith the Plansand Specifications. (assumeminimum of 40 hours per week for this task)
2. Provide inspectors daily report of events, manpower, and activities so as to secure the City' s interestsandmonitor work accomplishedin accordancewith the contract. Daily progress picturesshallbeincorporated into the report.
3. Take digital photographsand digital videotape recordingsof the construction progresson a regular basis, including pre -construction conditions within the project limits 42 4. Collect materialtagsandverify materialson sitemeetproject specificationsand project submittals.
5. IssueWeeklyStatementof working Days.
6. Maintain a redline setof as -built plansand specifications.
7. Track and field -verify quantitiesof actualimprovementsinstalledby the Contractor and maintain a quantity bid sheet for each bid item of work.
8. Assiststhe Construction Managerin review andrecommendationof progresspayments.
9. Track and document Time and Materials work issued to the Contractor.
10. Working with the Construction Managerand other agenciesand permit holdersto issuea project punch -list.
Material testingand SpecialInspection:
1. Sub -grade and base compaction, gradation, and compaction curve.
2. Portland cementconcretestrengthand slump.
3. Asphalt concretecompaction, gradation, compaction curve, asphaltcontent.
4. Rebar inspection.
5. Welding and shop fabrications of steel components not covered by the bridge manufactures Quality AssuranceProgram. (asrequiredunder City authorizedsourceinspectionoption)
6. Bridge footing piles.
7. High strengthbolting.
8. Any other items designated by the Engineer of Record requiring full time observation.
Post - Construction Services
1. Provide markedup construction record drawings (as -built drawings) for designer completion.
2. Coordinate and prepare final progress payment.
3. Provide final inspection servicesand project closeoutactivitiesincluding preparationof final construction project report and other documentsrequiredby AlamedaCTC, BART, and resolve all contractor claims, if any.
4. Resolution of all contract issues, warranties, bonds, etc.
5. Turn all construction documentsover to the City of Dublin.
Resources
Office Space — The City of Dublin will provide office spacefor the Construction Managerat a City facility that will include the following: desk, computer terminal, deskphone, and sharedprinter and copier. The project inspector could use the facilities provided to the Construction Manager if the Construction Managerwould allow, but separateamenitieswill not beprovided for the inspector or materials tester.
Consultant Provided Equipment — Consultant shall provide all other necessary equipment, vehicle(s), cellphone, tools of the trade, etc. necessaryfor the project teamto successfullycomplete the project.
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COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
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47 399 Lindbergh Avenue
Livermore, CA 94551
P 925. 315. 3151
ASSOCIATES F925. 315. 3152
1 www. bskassociates. com
Materials Testing and Special Inspection Estimate
City of Dublin Iron Horse Trail Bridge - Revised 02/ 05/ 2021
DI RECT LABOR HOURS RAT E EXTENSION
Group2SpeclalInspector( SpeciallnspectorfSourceInspectionsl4C 135. 01 5, 400.00 Group 3 Enginee ri ngTecIn nician (SoilsIHMAI24C 123. 00 29, 520A0Croup4TecInnician( ConcreteSam pIingISam InleCaurier(PickupITransportationl12C 107. 00 12, 840. 00 JamesK. Ause r, PE(SoniorMaterialsEngineerl1C 5171.00 1, 710. 00 Tim Rodriguez ( ProjectManaged10 5204.00 2, 040, 00 MichaelKibbeyf OmarKhan- Project Professional I ( Assistant Project Managed10 171.00 1, 710. 00 VernnicaRager- ProjectAdministrator10 95. 00 95C. 00 RanjitaSumman - Administrat iveAssistant1C 50. 00 50C. Ce P revaiI i ng Wage Ad m
i n istratorl0 1 586.0058{0.00 FIELDSERVICESE5TIMATE 555, 53C.00 DE9LRIP- IIGNOFLL r QUANTITYUNIT COSTTOTAL
Equipment ChargesN uc
lear
Gauge Eq u
i p
mentFeeDE5LRIPTIONOFITEM 1perDayFREQUENCYQUANTITY3C58. 00 UNIICOSTTOTAL 1,
740A0k ilSTesting-
Imporced
Burrow StructuralBacktiR
Moisture -
DensityCurve(
ASTMD15571I persource, min 259. 00
518. 00 Sieve Analysis ofSoiIs(ASTMCll7andC1361Ipersource, min 176. 00 352. 00 PlasticityIndex ( ASTM D43181 Ipersource, min 227. 00 454. 00 R- ValLieofSoiIs( CT 3011 1 persource, min 5411.
00822.00SoilsTesdng-AggregateBase Moisture-DensityCurve( ASTMD1557) 1 persource, min 259. 00 518. 00
R- Valueof5oiIs( CT 3( 111 1 persource, min 411. 00
822.00 SieveAnalysisof5oils(ASTMC117andC136) Ipersource,min 176. 00 352. 00 Sand EquivalentVASHTOT17fl 1 persource, min 5130. Co 5250. 00 DurabiIityIndex(AASHTOT21011 persource, min 5259. 00 5518. 00 H MA Testing SieveAnalysis- 3BinSample5(& ASHTOT27lIper 75Ctons344. 001, 032.
00 Sand Equivalent ( lLASHTOT1761 1 per 750tons 513C. Co 390.00 MoistureCcntent ( AASHTOT25511 per 75Ctuns545.CC 135. 00 PercentCrushed
Part icles( AASHTOT33511per10, 004tons171. 00 171.
00 LA Rattler ( AASHTO T9611 per 10, 001) tons 297. 00
297.00 Flatand NongatedPart icles(AASHTOD479111per10, 000tons 13C. 00 130. 00 FineAggregateAneularity(AASHTOT3041Iper 10, 000tons 584.00 84. 00 AsphaltBirider Content (AASHTOT3081 1 per 75otuns 4 5232.CC 928,00 AsphaltBirider CorrectionFactor { AASHTO30811 per mix 1 297.00 297. 00 HMAMoistureCcntent(CTM3701 1 per paving day3 68. 00 204. 00TheoreticalMaximum Density ( CfM30911 per 750tons 3 259. 00777.00 GyratorySpec imen Compaction1 per 4,
CCC tons 1 5347. 005347.00 Spec ificGravityofCornpactsdSpec imen jAirVoid Content I per4, CCC tons1 5159.Co 159. 00 VMA/ DustPreportian( SP- 21 1per 10, 004tons1 103. 00103. 0C HMACoreUnitWeight/ BuIkSpec ificGravity(CTM3C812 per paving day G 159. 00 9541] 0 Ham InurgWheelTrack( AASHTOT341Iper 10, 000tons 1 2, 726. 00 2, 726. 00 MoistureSusceptibiIity(AASHTOT2831Iper 10, o00tons1 1, 136. 00 1, 136. 00 Concrete f Reb &TesdngCelIularCcncreteCcmpressiveStrength(Set- of 4l 2setsper day 8 141. 00 1, 128. 00 ConcreteCcmpressiveStrengthTesttWof41 1set / ice CY 15 141. Co 2, 115. 00 AggregateGradation - Coarse andFine ( CfM2C21
1sO/ day155172, 002, 580.00 CleannessValue( CTM22711set / day15 5187. 00 2, 805. 00Sand Equivalent (CTM2171 1 set f day15 13C. 00 1, 950. 00 RebarTensile/BenclTestingperlOtans 1 20 1 $ 153. 430 1 $3, 060Cc LABORATORY TESTI NGESP MATE 29, 864. 00- TOTALBUDGEfEST1MATE $85, 394. D0 Environmental, Geotechnical, ConstructionServices, Analytical Testing - An Employee - OwnedCompany 48 Abe Construction Services, Inc.
5111 Doolan Rd Livermore, CA 94551 Phone: 925- 944- 6363 Fax: 925- 476- 1588 Email: SA. ACS@ATT. net September 29, 2020
Estimate for CIDH Pile Testing Services
GGL ( Gamma - Gamma Logging)
Iron Horse Trail
Dublin, CA
Attn: Andy Kleiber
MNS Engineers
Scope: Perform GGL on 26 CIDH piles @ 24" x --49 ft Average Length w/ 2 tubes/ pile and 4 piles @ 36"x--68 ft w/ 3 tubes/ pile as summarized in the attached quantity sheet provided by client.
Assume 2 trip to site and 2 reports with 1 abutment and 3 Bents tested per trip.
QTY. DESCRIPTION RATE / UNIT COST
GGL FIELD TESTING
26 GGL or CSL field logging charge ( 24" Piles) 200. 00 / pile 5, 200. 00 4 GGL or CSL field logging charge ( 36" Piles) 410. 00 / pile 1, 640. 00 0 Minimum daily field charge ( regardless of logs/ day) 1, 200. 00 / day 0. 00 0 Weekend or holiday premium charge 400. 00 / day 0. 00 2 GGL or CSL Test Report submittals 600. 00 each 1, 200. 00 0 Engineer for meetings, standby at site, pile mitigation, 200. 00 hr 0. 00 safety training, Railroad/ train standby
0 Certified Payroll Reports ( If Required) 150. 00 each 0. 00
TRAVEL MOB EXPENSES
0 Overnight charge for consecutive test days 150. 00 night 0. 00 2 Equipment Mobilization/ vehicle/ travel costs 100. 00 trip 200. 00 Total Estimate 8, 240. 00
Notes & Terms:
a) At least 7 days notice; the job may then be postponed with 24 hrs notice if necessary without charges.
If we receive less than 7 days notice, additional mobilization expenses may be negotiated. b) Standby charge of $ 200/ hr will be charged if engineer must wait for access to piles for testing c) Working conditions for our engineer which conform with OSHA requirements AND SAFE ACCESS TO PILES This quote is valid for 90 days.
d) All PVC inspection tubes must be BLOWN DRY PRIOR TO TESTING AND SOUNDED WITH A DUMMY PROBE TO ENSURE THE TUBES ARE CLEAR AND STRAIGHT. THE DUMMY PROBE MUST BE A 54- INCH LONG BY 1. 25- INCH PIECE OF STEEL PIPE AND PASS FREELY FROM TOP TO BOTTOM OF EACH TUBE. e) Quote assumes ACS insurance per attached certificate is acceptable as -is. f) Quote assumes that ACS is charging lump sum per test under a subcontract agreement as a non- A& E service providor not subject to 10H or safe habor rates and that client will list ACS as a direct cost vendor rather than a sub - consultant/ sub contractor, and that FAR Title 48 & 49 requirements do not apply to ACS.
Please sign below indicating you accept the above rates and terms and agree to pay in full within 30 days of receipt of invoice. Please return signed qote by fax.
This quote is valid for 90 days.
Company Date
Print name & title Signature
49 Abe Construction Services, Inc.
CIDH Pile / GGL Quantities
Iron Horse Trail
September 29, 2020
Location Diameter
Number of
Piles Tip El. B. O. F. El.
Embedment
into footin
pile Length
Abut. 1 24 4 289. 0 328. 0 0. 8 39. 8
Bent 2 36 1 263. 0 335. 5 72. 5
Bent 3 36 1 263. 0 335. 3 72. 3
Bent 4 24 9 276. 0 328. 0 0. 8 52. 8
Bent 5 24 9 277. 0 328. 0 0. 8 51. 8
Bent 6 36 1 270. 0 332. 0 62. 0
Bent 7 36 1 268. 0 332. 0 64. 0
Abutment 8 24 4 290. 0 332. 0 0. 8 42. 8
TOTAL 30
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51 EXHIBIT C
INDEMNIFICATION
A. Consultantshall, to theextentpermittedby law, includingwithoutlimitationCaliforniaCivilCode2782 and2782.8, indemnify, holdharmlessandassumethedefenseof, in anyactionsat lawor in equity, the City, itsemployees, agents, volunteers, andelectiveandappointiveboards, fromallclaims, losses, and damages, includingpropertydamage, personalinjury, death, andliabilityof everykind, natureand description, arisingoutof, pertainingto or relatedto thenegligence, recklessnessorwillfulmisconduct of Consultantoranypersondirectlyor indirectlyemployedby, oractingasagentfor, Consultant, during and after completion of Consultant' s work under this Agreement.
B. Withrespectto thoseclaimsarisingfroma professionalerrororomission, Consultantshalldefend, indemnifyandholdharmlesstheCity (includingitselectedofficials, officers, employees, and volunteers) fromallclaims, losses, anddamagesarisingfromtheprofessionallynegligentacts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant's proportionatepercentagefault.
C. Consultant's obligationunderthissectiondoesnotextendto thatportionof a claimcausedinwholeor in partbythesolenegligenceorwillfulmisconductof theCity.
D. Consultantshallalsoindemnify, defendandholdharmlesstheCityfromallsuitsorclaimsfor infringementof anypatentrights, copyrights, tradesecrets, tradenames, trademarks, servicemarks, or anyotherproprietaryrightsof anypersonor personsbecauseoftheCityoranyof itsofficers, employees, volunteers, or agentsuseof articles, productsthings, or servicessuppliedin the performanceof Consultant's servicesunderthisAgreement, however, thecostto defendchargedto ConsultantshallnotexceedConsultant's proportionatepercentagefault.
ConsultingServicesAgreementbetweenCityof Dublinand Last Revised [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Exhibit C — Page 1 of 1 52 EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordancewith California Labor Code Section 1810, 8 hours of labor in performance of the servicesdescribedin ExhibitA shallconstitutea legalday's workunderthiscontract.
B. InaccordancewithCaliforniaLaborCodeSection1811, thetimeof serviceof anyworker employed in performanceof the services described in Exhibit A is limited to 8 hours during any onecalendarday, and40 hoursduringanyonecalendarweek, exceptinaccordancewith CaliforniaLaborCodeSection1815, whichprovidesthatworkinexcessof 8 hoursduringany onecalendardayand40 hoursduringanyonecalendarweekis permitteduponcompensation for all hoursworkedinexcessof 8 hoursduringanyonecalendardayand40 hoursduringany onecalendarweekat notlessthanone -and -one-halftimesthebasicrateof pay.
C. TheConsultantanditssubcontractorsshallforfeitasa penaltyto theCity $25for eachworker employedintheperformanceof theservicesdescribedin ExhibitA for eachcalendardayduring whichtheworkeris requiredor permittedto workmorethan8 hoursinanyonecalendarday, or morethan40 hoursin anyonecalendarweek, inviolationof the provisionsof CaliforniaLabor CodeSection1810andfollowing.
WAGES:
A. InaccordancewithCaliforniaLaborCodeSection1773.2, theCityhasdeterminedthegeneral prevailingwagesinthelocalityinwhichtheservicesdescribedin ExhibitA areto be performed for eachcraftortypeof workneededto beas publishedbytheStateof CaliforniaDepartmentof Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the CityPublicWorksOfficeandshallbemadeavailableon request. TheConsultantand subcontractors engaged in the performance of the services described in Exhibit A shall pay no lessthantheseratesto all personsengagedin performanceof theservicesdescribedin Exhibit A.
B. InaccordancewithCaliforniaLaborCodeSection1775, theConsultantandanysubcontractors engagedin performanceof theservicesdescribedin ExhibitA shallcomplywithCaliforniaLabor CodeSection1775, whichestablishesa penaltyfor eachworkerengagedinthe performanceof theservicesdescribedin ExhibitA thattheConsultantoranysubcontractorpayslessthanthe specifiedprevailingwage. Theamountof suchpenaltyshallbedeterminedbythe Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of theConsultantor subcontractorin failingto paythecorrectrateof prevailingwages, or the previousrecordof theConsultantorsubcontractorin meetingapplicableprevailingwage obligations, or thewillfulfailurebytheConsultantorsubcontractorto paythecorrectratesof prevailingwages. A mistake, inadvertence, or neglectinfailingto paythecorrectrateof ConsultingServicesAgreementbetweenCityof Dublinand Last Revised [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Exhibit D — Page 1 of 3 53 prevailingwagesis notexcusableif theConsultantor subcontractorhadknowledgeof their obligationsundertheCaliforniaLaborCode. TheConsultantor subcontractorshallpaythe differencebetweentheprevailingwageratesandtheamountpaidto eachworkerfor each calendardayor portionthereoffor whicheachworkerwaspaidlessthantheprevailingwage rate. Ifa subcontractorworkerengagedin performanceof theservicesdescribedin ExhibitA is notpaidthegeneralprevailingperdiemwagesbythesubcontractor, theConsultantis notliable for anypenaltiesthereforeunlesstheConsultanthadknowledgeof thatfailureor unlessthe Consultantfailsto complywithall of thefollowing requirements:
1. ThecontractexecutedbetweentheConsultantandthesubcontractorfor theperformanceof partof theservicesdescribedin ExhibitA shallincludea copyof theprovisionsof California Labor Code Sections 1771, 1775, 1776, 1777. 5, 1813, and 1815.
2. TheConsultantshallmonitorpaymentof thespecifiedgeneralprevailingrateof perdiem wagesbythesubcontractorbyperiodicreviewof thesubcontractor's certifiedpayroll records.
3. Uponbecomingawareof a subcontractor's failureto paythespecifiedprevailingrateof wages, theConsultantshalldiligentlytakecorrectiveactionto haltor rectifythefailure, including, butnotlimitedto, retainingsufficientfundsduethesubcontractorfor performance of the services described in Exhibit A.
4. Priorto makingfinalpaymentto thesubcontractor, theConsultantshallobtainanaffidavit signedunderpenaltyof perjuryfromthesubcontractorthatthesubcontractorhaspaidthe specifiedgeneralprevailingrateof perdiemwagesfor employeesengagedinthe performanceof theservicesdescribedin ExhibitA andanyamountsduepursuantto California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engagedin performanceof theservicesdescribedin ExhibitA shallkeepaccuratepayroll recordsshowingthename, address, socialsecuritynumber, work, straighttimeandovertime hoursworkedeachdayandweek, andtheactualperdiemwagespaidto eachjourneyman, apprentice, worker, or other employee employed in performanceof the services described in ExhibitA. Eachpayrollrecordshallcontainor beverifiedbya writtendeclarationthat it is made under penalty of perjury, stating both of the following:
1. Theinformationcontainedinthepayrollrecordis trueandcorrect.
2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815for anyworkperformedbytheemployer's employeesonthepublicworks project.
Thepayrollrecordsrequiredpursuantto CaliforniaLaborCodeSection1776shallbecertified andshallbesubmitteddirectlyto theLaborCommission, andavailablefor inspectionbythe Owner and its authorized representatives, the Division of Labor Standards Enforcement, the ConsultingServicesAgreementbetweenCityof Dublinand Last Revised [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Exhibit D — Page 2 of 3 54 Divisionof ApprenticeshipStandardsof the Departmentof IndustrialRelationsandshall otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777. 5, the Consultant, on behalf of the Consultantandanysubcontractorsengagedin performanceof theservicesdescribedin Exhibit A_, shallberesponsiblefor ensuringcompliancewithCaliforniaLaborCodeSection1777.5 governingemploymentandpaymentof apprenticeson publicworkscontracts.
E. Incaseit becomesnecessaryfor theConsultantor anysubcontractorengagedin performance of theservicesdescribedin ExhibitA to employfortheservicesdescribedin ExhibitA any person in a trade or occupation ( except executive, supervisory, administrative, clerical, or other non -manualworkersas such) forwhichno minimumwageratehasbeendeterminedbythe Directorof theDepartmentof IndustrialRelations, theConsultantor subcontractorshallpaythe minimumrateofwagesspecifiedthereinfortheclassificationwhichmostnearlycorrespondsto servicesdescribedin ExhibitA to beperformedbythatperson. Theminimumratethus furnished shall be applicable as a minimum for such trade or occupation from the time of the initialemploymentof thepersonaffectedandduringthecontinuanceof suchemployment. 3070368. 1
ConsultingServicesAgreementbetweenCityof Dublinand Last Revised [ 03/ 02/ 2021] MNSEngineering, Inc. for IronHorseBridgeat DublinBoulevard Exhibit D — Page 3 of 3 55
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND MNS ENGINEERS, INC.
WHEREAS, on March 2, 2021, the City of Dublin (hereinafter referred to as "CITY") and MNS Engineers, Inc. (hereinafter referred to as ("CONSULTANT") entered into a Consulting Services Agreement for Iron Horse Trail Bridge at Dublin Boulevard (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT will expire on February 28, 2023; and WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to extend the term through August 31, 2023, by modifying section 1.1 of the Agreement.
NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 shall be rescinded in in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on August 31, 2023, 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.
2) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT.
3) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above.
4) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment.
SIGNATURES ON THE FOLLOWING PAGE
DocuSign Envelope ID: C033C0AA-1F54-48B8-88A2-A79C859E4EF8 56
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below.
CI
TY OF DUBLIN MNS Engineers, Inc.
B
y: _____________________________ By: _____________________________ Linda Smith, City Manager Greg Chelini, Vice President D
ated:
A
TTEST:
By: _____
Marsha Moore, City Clerk
A
PPROVED AS TO FORM:
B
y: _____________________________
City Attorney
DocuSign Envelope ID: C033C0AA-1F54-48B8-88A2-A79C859E4EF8 3/3/2023
57 Streets City of Dublin Capital Improvement Program 2022-2027 Page 69 Number – ST0118 IRON HORSE TRAIL BRIDGE AT DUBLIN BOULEVARD Program – STREETS PRO
JECT DESCRIPTION
This project provides for the planning, design, and construction of the Iron Horse Trail bridge for bicycles and pedestrians over Dublin Boulevard. The project will construct a truss arch bridge consistent with the Iron Horse Trail Feasibility Study and preliminary bridge design, approved by the City Council on November 7, 2017.
The bridge will provide safer and easier trail access, including access to and from the Dublin-Pleasanton BART station.
The A
lameda County Transportation Commission (ACTC) approved an allocation of $1,294,000 of Measure BB discretionary funds in Fiscal Year 2017- 18 for the bridge design and environmental clearance. On June 17, 2019, ACTC approved additional funding in the amount of $4,751,000 of Measure BB and $856,419 of Transportation for Clean Air funds for the construction phase of the project. The project will also receive funding of $1,000,000 for construction from a Developer contribution from the Boulevard Project. Fall of 2020, BART approved $1,500,000 of Measure RR Safe Routes to BART Grant for the construction phase of the project. Construction of the project was awarded by the City Council on March 1, 2022 and is anticipated to be completed in summer 2023.
Th
e $600,000 identified as "Other" is from the Tri-Valley Transportation Development Fee.
AN
NUAL OPERATING IMPACT: $50,000
MA
NAGING DEPARTMENT: Public Works
2022-2027 CAPITAL IMPROVEMENT PROGRAM
ESTIMATED COSTS
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
9100 - Salaries & Benefits $58,373 $97,087 $155,460
9200 - Contract Services $982,791 $1,436,749 $2,419,540 9400 - Improvements $10,816,979 $600,000 $11,416,979
9500 - Miscellaneous $4,960 $7,500 $12,460
TOTAL $1,046,124 $12,358,315 $600,000 $14,004,439
Attachment 4
58 Streets City of Dublin Capital Improvement Program 2022-2027 Page 70
FUNDING SOURCE
PRIOR
YEARS
2021-2022
BUDGET 2022-2023 2023-2024 2024-2025 2025-2026 2026-2027 FUTURE
YEARS TOTALS
2201 - State Gas Tax $12,325 $832,715 $845,040
2204 – Measure B Sales Tax –
Local Streets Fund (ACTC) $51,008 $536,972 $587,980 2205 – Measure B Sales Tax – Bike
& Pedestrian Fund (ACTC) $17,332 $382,678 $400,000 2207 – TFCA/Transportation for
Clean Air $856,419 $856,419
2214 – Measure BB Sales Tax –
Local Streets Fund (ACTC) $400,000 $400,000
2215 – Measure BB Sales Tax –
Bike & Pedestrian Fund (ACTC) $300,000 $300,000
2217 – Measure BB Grants $801,986 $5,243,014 $6,045,000 2218 – Measure RR Safe Routes to
BART $1,500,000 $1,500,000
2220 – Road Maint. & Rehab.
Account (RMRA) $163,482 $806,518 $970,000
4301 – Eastern Dublin
Transportation Impact Fee $500,000 $500,000
4401 – Dublin Crossing Fund $1,000,000 $1,000,000 9997 – Other $600,000 $600,000
TOTAL $1,046,124 $12,358,315 $600,000 $14,004,439
ANNUAL OPERATING IMPACT $50,000 $50,000 $50,000 $50,000
59 STAFF REPORT
CITY COUNCIL
Agenda Item 4.3
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Two-Year Strategic Plan Quarterly Update
Prepared by: John Stefanski, Assistant to the City Manager EXECUTIVE SUMMARY:
The City Council will receive a status update on the City’s Two-Year Strategic Plan.
STAFF RECOMMENDATION:
Receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City Council adopted the City’s Two-Year Strategic Plan on April 19, 2020. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action.
The Plan coincides with Fiscal Years 2022-23 and 2023-24.
This report represents the third of eight quarterly Strategic Plan updates, covering the period of January 1, 2023, through March 31, 2023. Updates for the strategies and objectives are provided in Attachment 1.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
60
ATTACHMENTS:
1) Strategic Plan Quarterly Update
61 Attachment 1 – Strategic Plan Quarterly Update
Strategy 1 Downtown Dublin and Economic Development
Objective A Continue support of the downtown preferred vision and downtown specific plan including improving visual and environmental quality and evaluating specific business uses.
Prior Update: Planning Staff is reviewing the Downtown Preferred Vision (DPV) and the applicant’s master site plan to identify amendments to the DDSP to implement the DPV.
Staff and Avalon Bay are working on a large-scale public art piece that will parallel the north side of the St. Patrick’s Way extension between Golden Gate Drive and Regional Street. The nearly 400-foot-long piece of art will help create a sense of place in a future civic gathering space downtown and provide a visual barrier along the back of a large retail center.
New Update: Planning staff is continuing to work with the majority owner of the Dublin Place shopping center as they refine their plan to implement the Downtown Preferred Vision. Staff is also working with the owner of the Corrie Center on an application to renovate the existing office building and construct a gymnasium building for the BASIS School to operate at this location. Lastly, Staff is working to complete the Parking Study as part of the Downtown Preferred Vision.
Objective B Pursue mixed-use projects to create economic vitality.
Prior Update: The work being done as part of Objective A will include a mixed-use development project bordering the town square.
Staff also continue to have discussions with developers who are interested in other areas of the Downtown Dublin Specific Plan area for mixed-use opportunities.
New Update: No change from prior update.
Objective C Grant conditional tax and/or development fee relief for new developments in the Downtown.
Prior Update: Staff has begun research on such incentive programs throughout the State.
New Update: No change from prior update.
Objective D Support local businesses and new business attractions (ensure revenue-generating industries).
Prior Update: Staff developed and distributed the first Holiday Gift Guide with more than 50 businesses participating. In addition, two business webinars were held.
For business attraction, Staff has been reaching out to retailers and food and beverage tenants regarding second- generation restaurant spaces available. Several new tenants have signed leases and have submitted plans for their tenant improvements including but not limited to Anjappar, Cloves, Pizza My Heart, Angus the Butcher Shop, Five Below, and VinFast.
The City received and is processing an application for the redevelopment of the Hexcel Corporation site for a new business park to support the life science industry.
62 Attachment 1 – Strategic Plan Quarterly Update
New Update: Staff launched the Dublin Marketplace Loyalty Rewards Program to help support Dublin small businesses. Staff also continued to hold business roundtables with different industry sectors, hosted webinars for the business community, and relaunched the Business Visitation Program after a hiatus due to the pandemic. In addition, Staff launched the Dublin Business Corner, a free library of on-demand training courses designed to empower and educate small business owners.
Regarding business attraction, Staff has been working with new prospective tenants with recently signed leases including Silver Oven & Grill, Feng Cha Teahouse, Grocery Outlet, Teazzi Tea Shop, MaO Izakaya & Sushi, Building Kidz of Dublin, Tailored Shared Services LLC, Santa Maria Café, Cuppa Yo, Safelite Auto Glass, AT&T, Dublin Taqueria, Dave’s Hot Chicken, and Serendipity Labs.
Objective E Continue the Fallon-East development strategy.
Prior Update: Staff is processing a preliminary application from GH PacVest.
New Update: The Planning Commission approved an application for a Planned Development Zoning Stage 2 Development Plan and Tentative Map for the Branaugh property. Staff is processing preliminary applications for the GH PacVest and Righetti properties.
Strategy 2 Housing Affordability
Objective A Develop a Certified Housing Element that balances the location of housing options for all income types.
Prior Update: The City Council adopted the Housing Element on November 15, 2022. Staff then submitted the Housing Element to HCD for their 60-day review and is awaiting certification or comments from HCD.
New Update: HCD provided minor comments regarding the Housing Element. Staff is working with HCD to address those comments.
Objective B Ensure the City’s inclusionary zoning regulations incentivize targeted housing production.
Prior Update: Staff is preparing a request for proposals (RFP) from qualified consultants to assist with this effort in concert with Objective 2.C.
New Update: Staff issued an RFP to assist with preparing an inclusionary zoning feasibility study and Commercial Linkage Fee nexus study in concert with Objective 2.C. Proposals were received from five consultants. The City Council approved an agreement with EPS Consulting on April 18.
Objective C Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in- lieu fee for for-sale and rental housing.
Prior Update: Staff is preparing an RFP from qualified consultants to assist with this effort in concert with Objective 2.B.
New Update: Staff issued an RFP to assist with preparing an inclusionary zoning feasibility study and Commercial Linkage Fee nexus study in concert with Objective 2.B. Proposals were received from five consultants. The City Council approved an agreement with EPS Consulting on April 18.
63 Attachment 1 – Strategic Plan Quarterly Update
Objective D Facilitate the production of affordable housing for lower income seniors, workforce, and special needs households.
Prior Update: The City was awarded a $3.3M Local Housing Trust Fund Grant from the California Department of Housing and Community Development for the 300-unit Amador Station affordable housing project adjacent to the West Dublin/Pleasanton BART Station.
Additionally, Staff is working with the Amador Station development team on modifications to the project phasing and the terms of a pre-construction loan which is anticipated to be considered by the City Council in February 2023. Staff continues to work with Eden Housing to construct the 113-unit Regional Street Senior Affordable Housing development. Staff continues to work with Alameda County staff to assign the Transit Center D-1 site to Eden Housing for an affordable housing development.
New Update: The City Council approved the Amador Station First Amended and Restated Community Benefit Program Agreement and Amended and Restated Affordable Housing Assistance Agreement and Transfer of the Agreements to The Related Companies of California. Staff continues to work with Alameda County staff to assign the Transit Center Site D-1 to Eden Housing for an affordable housing development.
Objective E Review the housing market analysis and establish a strategy to meet the “middle market” demand, if needed, to ensure right mix.
Prior Update: Not started.
New Update: Staff is in the process of evaluating middle market housing demand.
Objective F Review ownership programs for first-time buyers and explore alternative options.
Prior Update: Not started.
New Update: No change from prior update.
Strategy 3 Infrastructure Maintenance and Reinvestment
Objective A Use surplus and lump sum funding to increase the City’s internal service funds.
Prior Update: The FY 22-23 Budget includes a $2 million transfer to the Internal Service Fund for facilities preventative maintenance.
New Update: The FY 23-24 preliminary budget includes a $2 million transfer to the Internal Service Fund for facilities preventative maintenance.
Objective B Provide on-going condition assessments of aging city facilities and assets.
Prior Update: The City successfully recruited and hired a Maintenance Coordinator with a January 2023 start date.
New Update: No change from prior update.
Objective C Explore finance options for long-term pavement management needs.
Prior Update: Staff applied for the next round of MTC funding through the Pavement Technical Assistance Program (P-TAP). 64 Attachment 1 – Strategic Plan Quarterly Update
New Update: The City received approval from MTC for $48,000 in grant funding though the Pavement Management Technical Assistance Program (P-TAP), Round 24. The funds will be utilized to update and maintain the City’s pavement management database and complete a citywide pavement condition survey.
Objective D Explore use of funding mechanisms like community facilities districts for capital and on-going maintenance needs.
Prior Update: Staff is working with the developer on a framework for an East Ranch maintenance (Services) community facilities district (CFD).
New Update: Staff continues to work with the developer of the East Ranch project on a framework for a Services CFD. The Branaugh Property project was approved, including a Development Agreement that requires the developer to cooperate in the formation of a Services CFD for maintenance of public improvements and a CFD for mitigation of Dublin Boulevard Extension permanent indirect impacts.
Objective E Continue to implement measures identified in the Climate Action Plan.
Prior Update: Two CAP 2030 Reach Codes were adopted as part of the 2022 Building Code: all-electric new construction (Measure EE-1) and electric vehicle charging stations (Measure SM-1) codes.
New Update: Consistent with CAP Measure MM-2: Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials, a low carbon concrete specification will be used on the Citywide Energy Efficiency and Infrastructure project. Staff has also begun work on CAP Measure SM-2, Develop an Electric Vehicle Infrastructure Plan.
Strategy 4 Organizational Health
Objective A Use existing reserves to address the unfunded Dougherty Regional Fire Authority (DRFA) pension liability.
Prior Update: The FY 22-23 Budget includes an additional lump-sum payment of $3.46 million from the designated reserve to address the DRFA unfunded liability.
New Update: Staff is working with the City of San Ramon on a memorandum of understanding on the methodology to split each City’s allocated share of the unfunded liability, asset, and annual payment amount.
Objective B Complete an update to the Public Facility Fee Program.
Prior Update: Staff has retained the services of Willdan to assist with the update to the program. Willdan is compiling all the necessary data to inform the various fee amounts by category with an estimated completion of Winter 2023.
New Update: Staff presented a review of the Public Facilities Fee program to the City Council on May 2, 2023 to get direction on potential changes to satisfy parkland requirements. Staff will bring a comprehensive update for adoption by the City Council at a future meeting.
Objective C Make annual contributions to reserves for the early payoff of the energy efficiency bonds.
Prior Update: The City Council approved an additional $2 million from the FY 21-22 General Fund surplus to the existing reserve.
The reserve balance as of September 30, 2022, is $6 million.
New Update: No change from prior update.
65 Attachment 1 – Strategic Plan Quarterly Update
Objective D Conduct a feasibility study into the fiber connectivity between City facilities.
Prior Update: Staff is preparing an RFP for the consultant services to develop a five-year fiber optic master plan and feasibility study and plans to release it in spring 2023.
New Update: IT Staff have removed outdated communications links to Shannon, Senior, Heritage, and Corp Yard and replaced them with AT&T Switched Ethernet (ASE) links of 50M speeds. This has significantly increased the bandwidth and reliability of those facilities.
Objective E Complete an update to the User Fee Study.
Prior Update: Not started.
New Update: This study is currently budgeted for Fiscal Year FY 23-24.
Strategy 5 Safe and Accessible Community
Objective A Evaluate the feasibility and strategies for a community-wide fiber network.
Prior Update: Not started.
New Update: Staff plans to address this objective following the municipal fiber optic network five-year plan.
Objective B Continue to engage with the community using all appropriate methods to share and exchange information.
Prior Update: Communications Staff is developing a language survey to be sent to all Dublin households to understand the languages the City should publish public information in.
New Update: Staff have purchased a chatbot artificial intelligence (AI) for the City’s website. It will be installed by July 2023. The chatbot will allow customers to connect with staff via a live agent or AI in their chosen language. The AI will be available 24/7, while the live agent would be available during business hours.
Objective C Provide more opportunities for residents to complete transactions with the City online, with appropriate security measures.
Prior Update: Staff is implementing the new enterprise resource planning software update, and this will allow residents and businesses to pay for non-recreation services through this web-based portal upon completion.
New Update: No change from prior update.
Objective D Ensure programs remain affordable and accessible to all members of the community, especially lower income families and seniors.
Prior Update: Staff partnered with KTVU Channel 2 to host a free admission day at The Wave on August 12, 2022. The event allowed certain those with certain financial constraints to visit The Wave at no charge. Roughly 400 participants attended the event, many enjoying the award-winning facility for the first time.
New Update: As part of the "3 for 3 in 2023" Summer Campaign, a Dublin household won a 2023 Wave Waterpark Family Season Pass for up to four family members (a $208 value) after meeting the entry criteria and participating in the drawing.
The Summer Campaign was highlighted in the 2023 Camps and Aquatics Activity guide, and the entry deadline was March 31, 2023.
66 Attachment 1 – Strategic Plan Quarterly Update
Objective E Support existing and innovative public safety efforts, like the DPS Behavioral Health Unit.
Prior Update: DPS hired a second clinician to complete its staffing and they are working closely with the deputies and with the community in need. Additionally, DPS hosted the first Trunk or Treat event for the community in October. The event was well attended by the community.
New Update: Staff successfully submitted a Community Project Funding Request with Congressman Swalwell to fund the hiring of an additional clinician for the DPS Behavioral Health Unit who would focus on providing services for school-aged youths.
Objective F Support community awareness of protected and preserved open space in and around Dublin.
Prior Update: The Dublin Trail Challenge encouraged community members to walk, run or hike all 26 miles of trails in Dublin. Those that completed the challenge received a free shirt. The event was free and open to all ages.
The City hosted another Goosechase game that encouraged people to visit places all around Dublin using pictures of those sites from years ago, then to take a photo of the site to see how much it has changed. The game encouraged residents to visit parks and places of historical interest all around Dublin.
New Update: As part of National Bike Month, Staff is planning a community bike ride on Thursday, May 25th. The ride will start at the Civic Center, stop at Don Biddle, and end at the Farmers’ Market, where participants will receive a $5 coupon to use with the vendor of their choosing. This is like the previous “Bike to the Market” day but in this case, there will be defined routes that showcase the local trail systems.
67 STAFF REPORT
CITY COUNCIL
Agenda Item 6.1
DATE: May 2, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Street Lighting Maintenance District 1983-1; Landscape and Lighting District 1983-2; Landscape and Lighting District 1986-1; Landscape and Lighting District 1997-1; Street Lighting District 1999-1
Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:
The City Council will consider approving the Engineer’s Reports and the levy of special assessments in each of the five assessment districts for Fiscal Year 2023-24. A public hearing is required to set the annual levy.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate, and adopt the Resolution Approving the Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin 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 District 1999-1.
FINANCIAL IMPACT:
A summary of revenues, expenditures, and balances for each assessment district is shown in the table below.
68
SUMMARY OF PROJECTED ASSESSMENT DISTRICT
FISCAL YEAR 2023-24 REVENUES & EXPENDITURES
ST. LIGHT
1983-1
STAGECOACH
RD LANDSCAPE
1983-2
DOUGHERTY RD
LANDSCAPE
1986-1
SANTA RITA
LANDSCAPE
1997-1
EAST
DUBLIN
ST. LIGHT
1999-1
PROJECTED REVENUE $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:
At the City Council meeting held on April 4, 2023, the City Council initiated the annual proceedings, received the Preliminary Engineer’s Reports for each of the five assessment districts, and set a public hearing date of May 2, 2023, to receive comments on the proposed Fiscal Year 2023-24 assessments. Details related to each district and the proposed assessment amounts can be found in the attached April 4, 2023, City Council Staff Report (Attachment 2).
The City Council will hold a public hearing, deliberate, and consider approving the Engineer’s Reports and ordering the levy of assessments for each of the following five assessment districts:
Street Lighting Maintenance District 1983-1
Landscape and Lighting District 1983-2
Landscape and Lighting District 1986-1
Landscape and Lighting District 1997-1
Street Lighting District 1999-1
69
The Engineer’s Reports are included as Attachments 3 through 7.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Property owners in the Landscape and Lighting District 1983-2 and Landscape and Lighting District 1986-1 were mailed courtesy postcards with the public hearing date and proposed fiscal year assessments. Public hearing notices were published in the East Bay Times newspaper and posted at several City locations. Copies of the hearing notices and Engineer’s Reports were also posted on the City of Dublin website and the City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving Engineer’s Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment for City of Dublin 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 District 1999-1
2) City Council Staff Report dated April 4, 2023 (without attachments) 3) Engineer’s Report for Street Lighting Maintenance District 1983-1 4) Engineer’s Report for Landscape and Lighting District 1983-2 5) Engineer’s Report for Landscape and Lighting District 1986-1 6) Engineer’s Report for Landscape and Lighting District 1997-1 7) Engineer’s Report for Street Lighting Maintenance District 1999-1 70 Attachment 1
Reso. No. XX-23, Item X.X, Adopted 05/02/23 Page 1 of 2 RESOLUTION NO. XX – 23
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE ENGINEER'S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT,
AND ORDERING LEVY OF ASSESSMENT FOR CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1, LANDSCAPE AND LIGHTING DISTRICT 1983-2, LANDSCAPE AND LIGHTING DISTRICT 1986-1, LANDSCAPE AND LIGHTING DISTRICT 1997-1, AND STREET LIGHTING DISTRICT 1999-1
WHEREAS, by its Resolution No. 28-23, 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; and WHEREAS, by its Resolution No. 29-23 (the “Resolution”), said reports were made and filed with the City Clerk and duly considered by this Council and found to be sufficient in every particular, whereupon it was determined that said reports should stand as Engineer's Reports for all subsequent proceedings under and pursuant to the aforesaid Resolution and that May 2, 2023, at 7:00 p.m. in the Council Chambers, Dublin Civic Center, 100 Civic Plaza, Dublin, California, was appointed as the time and place for a hearing by the City Council on the question of the levy of the proposed assessment, notice of which hearing was published and posted in accordance with the Landscaping and Lighting Act of 1972; and WHEREAS, at the appointed time, said hearing was held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters pertaining to said levy were heard and considered by this City Council, and this City Council thereby acquired jurisdiction to order said levy and confirmation of diagram and assessment prepared by and made a part of the reports of said Engineer to pay the cost and expenses thereof.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve that:
(a) The property owners owning more than fifty percent of the area of assessable land within each of the Districts had not, at the conclusion of said hearing, filed written protests against the said proposed levy, or against the engineer's estimate of costs and expenses, or against the maps and description, or against the diagram or the assessment to pay for the costs and expenses thereof;
(b) The public interest, convenience, and necessity require that said levy be made; and
(c) The Districts benefited by said improvements and to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are as shown by a map thereof filed in the office of the City Clerk, which map is made a part hereof by reference thereto.
71 Reso. No. XX-23, Item X.X, Adopted XX/XX/23 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 2nd day of May 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
72 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.
Attachment 2
73
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.
74
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 75
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 76
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 77
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 $367.13 per acre for commercial parcels. The City can levy less or at the maximum based on available reserve funds and the budgeted costs for District expenditures.
78
The proposed assessment amount for Fiscal Year 2023-24 remains the same as Fiscal Year 2022- 23, as shown below.
Dublin Ranch Street Lighting Assessments (District 1999-1) Property Type Current
Fiscal Year
Proposed
Fiscal Year
2023-24
Annual
Change
($)
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 79 Street Lighting Maintenance
District No. 1983-1
Fiscal Year 2023-24
Final Engineer’s Report
May 2, 2023
Attachment 3
80 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 – Estimate of Cost ...................................................... 7 Part C – Assessment District Diagram ................................ 12 Part D – Method of Apportionment of Assessments ............ 14 Part E - Assessment Roll .................................................... 19
81 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
T
he undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: April 14, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
82 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 Lighting Maintenance Assessment District No. 1983-1 (“District”) to maintain the public street lighting improvements. The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street lighting improvements within the boundaries of the District.
The assessments a nd m ethod of a pportionment des cribed in this Report utilize commonly accepted assessment e ngineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
General Description of the District
The District was created in 1983 to replace the County of Alameda Lighting Service Area within the City of Dublin and to fund the ma intenance and servicing costs for the City’s street lighting system. In Fiscal Year 1995-96, the City of Dublin acqui red the PG&E owned streetlights within the District to reduce maintenance costs. The District includes all parcels that were within the County of Alameda Lighting Service Area which includes all parcels within the City except for Dublin Ranch; the Clifton Park development in the western hills; Tracts 7067, 8024, 8073 and 8074; the Jordan Ranch development; and the Tassajara Hills development.
A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments a re levied an nually w ithin the District p ursuant to t he Landscape a nd Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). A ll 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 C alifornia Constitution A rticle XIIID ( “Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pur suant to Article X IIID Section 5, certain existing assessments a re exem pt from the substa ntive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusiv ely to finance the ca pital costs or maintenance and operat ion expenses for sidewalks, streets, sew ers, water, flood control, drainage systems or vec tor co ntrol. Subsequent increases in such assessme nts shall be subject to the procedures and approval process set forth in Section 4.”
83 CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 INTRODUCTION 2 The City has determined t hat the annual assessments o riginally established for the District w ere for the maint enance and operat ion of streetlights w ithin the publ ic st reet rights-of-way. As such , pur suant to Article XIIID Section 5 (a), the pre –existing assessment amou nt has been exempted from the proc edural requirem ents of Artic le XIIID S ection 4 since t he amount of the assessment has not increased since the passage of Proposition 218.
Any future increase in the assessment ra te or substa ntial changes in the services provided wo uld require that the Distr ict be brought into com pliance w ith a ll the requirements of Article XIIID a nd w ould require the approval of the property o wners subject to the assessment based u pon a mailed ballot w hich 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 are 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 operation and maintenance costs in Fiscal Years 2023 -24 and 2024 -25. S hould expenditures continue to exceed the annual assessment revenue, transfers from the available fund balances will be required annually. Should annual transfers continue to be required to cover annual expenditures, the fund balance will be drawn upon and depleted in future years . Should this circumstance occur, t his may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District.
Property Type Assessment Rate
Single Family Residential (SFR) $19.34 per Parcel
Condominium $19.34 per Parcel
Duplex, Multi
‐
Family Residential $38.68 per Parcel
Triplex, Multi
‐
Family Residential $58.02 per Parcel
Fourplex, Multi
‐
Family Residential $77.36 per Parcel
Apartments, Multi
‐
Family Residential $116.04 per Parcel
Commercial/Industrial/Institutional $106.37 per Acre
Vacant Commercial/Industrial/Institutional $53.18 per Acre Rural $9.67 per Parcel
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: ASSESSMENTS TO BE LEVIED
Street Lighting Maintenance District No. 1983-1
84 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 the City Council of the Cit y of 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. 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 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.
85 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 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 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.
86 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 continued installation, maintenance, and servicing of street lighting improvement s within the public right-of-way which provide special benefit to parcels and properties within the District.
As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following:
1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.
2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b) The costs of printing, advertising, and publishing, posting, and mailing of notices;
c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f) Costs asso ciated with any elect ions held f or t he approval of a new or increased assessment.
87 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 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.
88 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 o ther 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 th e passage of Proposition 218 in 1996, assessment revenues have not always been sufficient to f und 100% of th e annual operations and maintenance costs of street lighting in past years. In years where the revenues were less than the costs to maintain the District improvements, the District transferred funds from the District’s existing fund balances to fund the shortfall in assessment revenues.
Although the District has seen an incr ease 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 sh own in Table 2. This includes an estimate of th e costs of utilities, o perations, services, a dministration, and ma intenance associated with the improvements, including a ll labor, personnel, equipment, materials, and administrative expenses for the next two (2) fiscal years . The summary also shows the estimated fund balance, and the projected contribution/(transfer) that will be required from the fund balance based upon the estimated expenditures and assessment revenue.
Projected cost estimates are also shown for two (2) fiscal years.
Th
e 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 incl uding stre et light repair parts and the labor associ ated with performing the r epair work. In a ddition, 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 – T he cos t of St reet L ight Associa tion dues based on the relative number of streetlights within the District.
Utilities Electricity – The cost of streetlight electrical energy use, including miscellaneous utility charges.
Improvements (Not Building) – The cost of improvements (not building) includes costs associated with the maintenance, construction, and rehabilitation of authorized improvements.
89 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 i nto a ny 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 t he Engineer’s Report, resolutions, and levy submittal to t he C ounty. T hese fe es can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.
Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. A lameda County charges 1.7% of the total amount levied.
Miscellaneous Costs and Collections/(Credits) Applied to Levy
Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides f or a District Re serve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from t he Reserve F und that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eli minates the n eed for the City to transfer funds from non– District accounts to pa y f or operational expenses during the first ha lf of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the 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 fu nd commonly referred to as a Capital Improvement Fund (CIF) and are not consi dered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accu mulated in t he C apital I mprovement Fu nd 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 B alance to Levy. A negative num ber ( Transfer) should o nly occur after the project has been completed and excess fu nds are being credited back to the District’s regular accoun ts or such funds are needed to fund the annual operation and maintenance of the public improvements . The actual fund balances and expenditures for 90 CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS
9 Capital Improvements are clearly identified under the Fund Balance Information section of the cost estimate.
Balance to Levy – This is the total amount to be collected f or the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any) . Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023-24 and 2024-25.
91 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
92 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 improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal years and thereafter as funds allow.
Citywide Streetlight Replacement: As needed replacement of streetlights that are at the end of their service life or that have been damaged due to automobile accidents.
93 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 are incorporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
94 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
95 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 assessment districts by a gencies for the purpose of providing certain public improvements which incl ude the construction, maintenance and servicing of public li ghts, landscaping, and appurtenant facilities. The 1972 Act f urther re quires that t he cost of these im provements be levied according to benefit rather than assessed value:
“The n et am ount to be assessed upon la nds within an assessment district m ay b e apportioned by any formula or method which fairly distributes the net amount among all assess able l ots or parcels in proportion to the estimated benefits to be rece ived by each such lot or parcel from the improvements.”
The formula used for calculating assess ments 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 a
ssessment shall be imposed on any p arcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. O nly speci al benefits are assessab le, and an ag ency sh all separate the general benefits from the sp ecial benefits conf erred 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 parcel based on special benefits re ceived from t he improvements 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 well 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 improvement s will directly a ffect t he properties wit hin the Distr ict. Although the improvements include public a reas, easements, rights-of-way, and other amenities available or visible to the public 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 96 CITY OF DUBLIN FY 2023-24
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 15 determined that the improvements a nd the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
Special Benefits — The method of apportionment (method of assessment) outlined herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties as enhanced by the presence of public lighting near those properties.
The special benefits conferred on property from street lighting and other public lighting facilities includes the convenience, safety, and security of property, improvements, and goods. Specifically:
1) Enhanced deterrence of crime and the aid to police protection.
2) Increased nighttime safety on roads, streets, and public areas.
3) Improved ability of pedestrians and motorists to see.
4) Improved ingress and egress to property.
5) Reduced vandalism and other criminal acts and damage to improvements or property.
6) Improved traffic circulation and reduced nighttime accidents and personal property loss.
The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements 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 that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
97 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 resulted from a lot line adjustment with an a djacent larger pa rcel. The a djacent la rger pa rcels, of w hich these "sliver" parcels are a part, are assessed at the residential rate
Assessment Methodology
The spe cial b enefits receiv ed by each parcel w ithin the District a nd ea ch parcel’s proportional annual assessment a re calculated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional b enefit relationship between the various p arcels w ithin the District a nd the i mprovements m aintained by the District. T he typical single family residential parcel is a ssigned 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 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. Parcels determined to be vacant will be assessed at a reduced rate of 50%, by multiplying the parcel’s assigned EDU factor by 0.5 (or 50%).
Single-Family Residential (SFR) — (County land use 1x) this la nd use i dentifies 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 i nclude, but is not limited to, l ots or parcels identified as s ingle family residential homes, planned development (tract or townhouse t ype), 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
98 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 Resident ial — (County land use 22) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of
2.00 EDU per parcel. This land use classification includes double or duplex units.
Triplex, Multi-Family Resid ential — (County land use 23) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of
3.00 EDU per parcel. This land use classification includes triplex units; or double or duplex units together with a single-family home.
Fourplex, Multi-Family Residential — (County land use 24) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of
4.00 EDU per parcel. This land use classification includes four living units; a fourplex, a triplex and a single-family home, two doubles or duplexes, or a combination thereof.
Apartment Complex, Multi-Family Residential — (County land use 7x, except 73) This land use identifies properties that are developed for multi-family residential use of five (5) or more units and are assigned a f actor of 6.00 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as vacant apartment land capable of supporting 5 or more units, residential property converted to 5 or more units, cooperatives, restricted income properties, fraternities, sororities, church homes, multiple residential (5 or more units), and residential high-rise (7 or more units).
Commercial — (County land use 3x, 8x, 9x) this land use identifies properties that are considered improved for commercial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limited to, lots or parcels identified as car washes, commercial garages, automotive dealerships, parking lots, parking garages, service stations, funeral homes, nursing or boarding homes, hospitals, hotels/motels, banks, medical-dental, single and multi-story office buildings, commercial land, department stores, discount stores, restaurants, shopping centers, or supermarkets.
Industrial — (County land use 4x) this land use identifies properties that are developed for industrial use and are assigned a factor of 5.50 EDU per gross acre. This land use classification may include, but is not limit ed to lots, or parcels identified as vacant industrial land, warehouses, light and heavy industrial, nurseries, sand and gravel quarries, salt ponds, trucking and distribution ter minals, wrecking yards, and miscellaneous industrial.
Institutional — (County land use 6x, except 65) this land use identifies properties that are developed for institutional use and are assigned a factor of 5.50 EDU per gross acre.
This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an instit utional 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.
99 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 use identifies pr operties 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 rural home sites, rural property with significant commercial or industrial use, property used for agriculture (more than 10 acres), rural land in transition to higher land use classification, and rural land under non- renewal of the Williamson Act.
Exempt Property, Cemeteries & Common Open Space — (County land use 0, 03-05, 65) this land use identifies properties that are exempt from assessment and are assigned
0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies; property leased or owned by public utilities, cemeteries, and planned development common areas.
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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 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.
101
Landscape & Lighting
District No. 1983-2
Fiscal Year 2023-24
Final Engineer’s Report
May 2, 2023
Attachment 4
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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 – Estimate of Cost ...................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of Apportionment of Assessments ............ 13 Part E - Assessment Roll .................................................... 18
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CITY OF DUBLIN FY 2023-24
LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 CERTIFICATE
ii
E
NGINEER'S REPORT
CITY OF DUBLIN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1983-2
FISCAL YEAR 2023-24
T
he undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: April 14, 2023 By:
E duardo Espinoza, P.E.
RCE # 83709
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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 metho ds of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
General Description of the District
The District was initially formed in 1983 to provide a dedicated source of funding for the ongoing maintenance of street landscaping within Tract 4719. The District originally included the maintenance of Stagecoach Park and the landscaping along Stagecoach Road north of the City Limit; however, those improvements are no longer funded by the District. Currently, the District includes only the roadway landscaping along Stagecoach Road and on the "interior slopes" (Coral Way and Agate Way) within the Dublin Hills Estates development.
The maintenance cost of Stagecoach Park, as well as the undeveloped Dougherty Hills Park, is paid by the City through the Park Maintenance Operating Budget and is not a part of this Assessment District.
A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Stree ts and Highways Code (“1972 Act”).
All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 INTRODUCTION 2 Pursuant to Article XIIID Section 5, certain existing assessments were exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
The City determined that the annual assessments originally established for the District were for the maintenance and operation of landscaping wi thin the public street rights -of-way or public easements.
However, in Fiscal Year 2003-04, the City conducted a public hearing that included a mailed ballot to all the property owners in this District proposing an increased assessment to maintain and replace certain landscaping improvements. In accordance with the requirements of Proposition 218, the property owners approved a 10% increase in assessment rates and the addition of an escalation clause for succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities.
Any future increase in the assessment rate more than the maximum allowable rate or substantial changes in the serv ices 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
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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 Intention, adopted by the City Council 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 F iscal 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 District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the Di strict are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and servicing of the landscaping and irrigation improvements within the public right -of-way and public easement along Stagecoach Road between the limits of Amador Valley Boulevard and the northerly City Limit. In addition, the District also provides for the maintenance of the slopes, including landscaping and irrigation, within the public right-of-way for the slope areas along the rear of Lots 80 through 86, and 37 through 60 within Tract 4719.
As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1) The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limit ed to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements;
g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a. The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b. The costs of printing, advertising, and the publishing, posting, and mailing of notices;
c. Compensation payable to the County for collection of assessments; d. Compensation of any engineer or attorney employed to render services; 109
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 PLANS AND SPECIFICATIONS 6 e. Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f. Costs associated with any elections held for the approval of a new or increased assessment.
Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 7 PART B
ESTIMATE OF COSTS
All landscape and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein . This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/ (transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.
The following describes the general services and costs shown in the cost estimate.
District Costs
Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District.
Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District.
Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District.
Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.
Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.
District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.
Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
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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 f or a District Reserve Fund for operations. Negative amounts shown for th is cost estimate item represe nt transfers from t he Reserve F und that reduces the Balance to Levy. Mai ntaining a fully fun ded Operating Reserve eliminates the need for the City to transfer funds from non -District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fu nd commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accumulated in the Capital Improvement Fu nd 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 Levy – This is the total amount to be collected f or the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District ( Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any) . Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023-24 and 2024-25. 112
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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 -$ -$ Total Es timated As s es s ment Revenues at Maximum Rate3 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
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projects the City plans to address utili zing District funds in the upcoming fiscal years and thereafter as funds allow.
General Improvements: The City has identified the need for minor retaining wall repairs, additional irrigation and planting, as well as repairs to V -ditches, which fall outside the scope of the regular maintenance budget for the District. Repairs will be addressed based upon need and available fund balance in the upcoming two- year cycle.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 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.
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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
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!! LLAD 1983-2 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-2
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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 assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apporti oned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds t he reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvement s as determined at the time the District was established.
General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvement s will directly affect the properties wit hin the District. Although the improvements include public a reas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 117
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 14 determined that the improvements a nd the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well-maintained landscaping near those properties.
The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements.
2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
6) Enhanced quality of life through well-maintained green space and landscaped areas.
7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of th e parcel s by moder ating t emperatures, providing oxygenation, and attenuating noise.
The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements w ould have a negative impact on the properties within the District.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 15 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 l arger parcel. The adjacent l arger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.
Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated as follows:
• Sixty-one and six tenths’ percent (61.6%) spread equally to the 150 single family homes of Dublin Estates; and
• Thirty-eight and four tenths’ percent (38.4%) spread equally among the 553 apartments/condominiums of Amador Lakes Complex.
Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2003- 04, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.
The maximum assessment amount for each property type shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San Francisco Oakland San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).
In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utili ty Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s 119
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 16 annual fiscal year Engineer’s Reports . The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual in crease 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 year, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 202 3-24 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 shows the Maximum Assessment Rates allowable for Fiscal Year 2023-24.
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 17 If the City Council determines that an inflation adjustment is not required for a given fiscal year, the City Council may authorize the ensuing fiscal year’s assessment without applying the adjustment formula to the amount levied. If the cost estimate and assessments for the District require an increase greater than the adjustment set forth in the formula, then the proposed increase would be subject to approval by the District property owners. Each fiscal year, the maximum assessment rate shall increas e 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
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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 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 Resolutio n of Intention, and shall include subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Alameda County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
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Landscape & Lighting
District No. 1986-1
Fiscal Year 2023-24
Final Engineer’s Report
May 2, 2023
Attachment 5
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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 – Estimate of Costs .................................................... 6 Part C – Assessment District Diagram ................................ 10 Part D – Method of Apportionment of Assessments ............ 12 Part E - Assessment Roll .................................................... 17
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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
T
he undersigned, acting on behalf of Francisco & Associates respectfully submits the enclosed Engineer's Report as directed by the Dublin City Council pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code. The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: April 14, 2023 By:
E duardo Espinoza, P.E.
RCE # 83709
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 INTRODUCTION 1 SECTION I
INTRODUCTION
The City of Dublin (“City”) levies and collects special assessments on parcels within Landscape and Lighting District No. 1986-1 (“District”) to maintain the improvements within the Villages in the Willow Creek area.
The assessments and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
General Description of the District
The District was initially formed in 1986 to provide a dedicated source of funding for the ongoing maintenance of landscaping, including fencing and sound walls , along the west side of Dougherty Road from Amador Valley Boulevard to the northerly City Limit, along Amador Valley Boulevard from Dougherty Road to Wildwood Road, along Wildwood Road and Fall Creek Road, and certain landscaped areas within the Ridgecreek single- family home development. Landscaping within the condominium and apartment developments is the responsibility of the homeowners' association(s) or property owner (s) for those individual developments.
A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
In Fiscal Year 2001- 02, the assessments in the District were increased by 54% with the approval of property owners in compliance with the requirements of Proposition 218. The increase in the assessment rate was required as the reserve funds had become depleted and could no longer be used to offset utility and maintenance cost increases. The property owners also approved an escalation clause for future years that allows the assessment to increase according to the annual percentage change of the Consumer Price I ndex and the utility cost to increase according to the actual cost of utilities.
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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 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
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
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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 State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the Cit y 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. 1986- 1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District . Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for F iscal 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 Distric t showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 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 prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report.
The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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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 Valley Boulevard, between Dougherty Road and Wildwood Road.
d. Roadside landscaping, fence, and pathway improvements on the west side of Wildwood Road.
e. Roadside landscaping, fence, wall, and pathway improvements on the west side of Dougherty Road and the south side of Amador Valley Boulevard, adjacent to Lot 150.
f. Roadside landscaping, fence, and pathway improvements on the west and north sides of Fall Creek Road.
g. Roadside landscaping and emergency access surfacing at the north end of Crossridge Road within the street right-of-way.
Pursuant to the 1972 Act:
"Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement.
"Service" or "servicing" means the furnishing of electric current or energy, gas, or other illumin ating agent for any public lighting facilities or for the lighting or operation of any other improvements.
Drawings showing the specific locations of th e improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 130
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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 estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund bal ance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.
The following describes the general services and costs shown in the cost estimate.
District Costs
Maintenance Landscape – The cost of maintenance and repair of the landscaping and open space areas within the District.
Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems within the District.
Utilities Electricity – The cost of electricity for maintenance of landscape and powering of irrigation systems within the District.
Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.
Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.
District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.
Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.
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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 estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non–District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fu nd commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accumulated in the Capital Improvement Fu nd 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 Levy – This is the total amount to be collected f or the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District ( Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any) . Only those costs related to the improvements identified as conferring special benefits to property within District are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023- 24 and 202 4-25. 132
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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 Es timated As s es s ment Revenues at Maximum Rate2 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 throughout the District.
Table 2: COST ESTIMATE
Landscape & Lighting District No. 1986-1
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 ESTIMATE OF COSTS 9 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projects the City plans to address utilizing District funds in the upcoming fiscal year and thereafter.
General Improvements: The City has identified the need for additional plantings, as well as sidewalk repairs, which fall outside of the regular maintenance budget for this District. Repairs will be addressed based upon need and available fund balance in the upcoming two-year cycle.
Alamo Creek Park and Assessment District - Fence Replacement: The City has identified the need to remove, replace, and/or repair tubular steel fencing throughout the District and around and within Alamo Creek Park. The projects costs associated with Alamo Creek Park fencing is not funded by the District, but is funded by the City’s General Fund. District funding needed for the project is currently anticipated to be $400,000.
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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 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.
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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
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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 assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessa ble l ots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.
General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvement s will directly affect the properties wit hin the District. Although the improvements include public a reas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements a nd the ongoing maintenance, servicing and 137
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 METHOD OF APPORTIONMENT 13 operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties is enhanced by the presence of well-maintained landscaping near those properties.
The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements. 2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties. 6) Enhanced quality of life through well-maintained green space and landscaped areas.
7) Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities including abatement of graffiti.
8) Enhanced environmental quality of the parcel s by moder ating t emperatures, providing oxygenation, and attenuating noise.
The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements w ould have a negative impact on the properties within the District.
Non-Assessable Properties — Within the boundaries of the District, there are several types of properties 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.
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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 Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 EDU.
EDU’s are assigned to the other land uses based upon the property’s development status, and type of development (County of Alameda land use code) as shown in the table below.
Single-Family Residential (SFR) — (County land use 1x) This land use identifies properties that are developed for single-family residential use and are assigned a factor of
1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against using EDUs.
Multi-Family Residential — This land use identifies properties that are developed for multi-family use and are assigned a factor of 0.50 EDU per unit.
Commercial — This land use identifies properties that are classified for commercial use and are assigned a factor of 4.00 EDU per parcel/lot.
Common Open Space, Cemeteries & Other Exempt Property — This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU.
The following formulas are used to calculate each property’s assessment:
Total Balance to Levy / Total EDUs = Levy per EDU (Rate) Parcel EDU x Levy per EDU = Parcel Levy Amount
Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel
Multi Family Residential (MFR) 0.50 per Unit
Commercial 4.00 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel
TABLE 3: ASSESSMENT METHODOLOGY
Landscape & Lighting District No. 1986-1
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 METHOD OF APPORTIONMENT 15 Maximum Assessment Rate
It is recognized that the cost of maintaining the District improvements increases slightly every year because of inflation. In Fiscal Year 2001-02, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.
The maximum assessment amount for each property type shal l 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 app lied to all costs except utilities (water and electricity), p lus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).
In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities. The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports . The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 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 submi ttal and statutory requirements.
Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2023- 24 was determined based on the difference using the a nnual amount for calendar years 20 22 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 shows the Maximum Assessment Rates allowable for Fiscal Year 2023-24.
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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 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 am ount 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
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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 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.
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District No. 1997-1
Fiscal Year 2023-24
Final Engineer’s Report
May 2, 2023
Attachment 6
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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 – Estimate of Costs .................................................... 7 Part C – Assessment District Diagram ................................ 11 Part D – Method of Apportionment of Assessments ............ 13 Part E - Assessment Roll .................................................... 19
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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, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code.
The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: April 14, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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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 engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.
General Description of the District
The District was formed to fund street landscape maintenance an d utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 422 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included within this report.
A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report.
Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”).
All assessments described in this Report and approved by the Cit y Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
In accordance with the requirements of Proposition 218, the property owners approved a formula for increasing assessments in succeeding years that allows the maintenance cost to increase according to the Consumer Price Index and the utility cost to increase according to the actual cost of utilities.
Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID. 146
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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
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Family Residential (SFR) $128.52 per Parcel
California Brookside Multi
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Family Residential (MFR) $55.69 per Unit
Summer Glen
‐
Richmond American (North) Lots $112.54 per Parcel
Summer Glen
‐
Richmond American (South) Lots $123.85 per Parcel
Summer Glen
‐
Kaufman & Broad Lots $172.36 per Parcel
Summer Glen
‐
Pulte Lots $216.24 per Parcel
Dublin Greene Tract 7084 Single Family Residential $136.13 per Parcel Dublin Greene Tract 7149 Single Family Residential $102.50 per Parcel Dublin Greene Tract 7149 Condominiums $53.43 per Unit
Other Parcels Including Retail, Office, and Industrial1 $903.85 per Acre 1 Other Parcels includes all other land uses including commercial, retail, office, industrial, and all other parcels that do not fall into one of the developments/property types referenced above.
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape & Lighting District No. 1997-1
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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 California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the Cit y 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. 1997- 1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows:
PART A: PLANS AND SPECIFICATIONS
This part describes the improvements maintained by the District. Plans and specifications for the improvements are on file in the Office of the Director of Public Works of the City of Dublin and are incorporated herein by reference.
PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for F iscal 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 District showing the exterior boundaries of the District, the boundaries of any zones within the District and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work and is on file in the Office of the Director of Public Works of the City of Dublin.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ENGINEER’S REPORT 4 The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.
PART D: METHOD OF APPORTIONMENT OF ASSESSMENTS
This part describes the method of apportionment of assessments, based upon each parcel’s land use classification within the District in proportion to the estimated special benefits to be received.
PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements to be apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in thi s Report.
The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 PLANS AND SPECIFICATIONS 5 PART A
PLANS AND SPECIFICATIONS
The District provides for the continued maintenance and servicing of the landscaping and open space areas within the following areas:
1. Portions of the northerly and southerly street frontages for Dublin Boulevard, from Arnold Road to Tassajara Road.
2. The northerly and southerly street frontages for Central Parkway from Hacienda Drive to Tassajara Road, excluding the elementary school and Emerald Glen Park frontage landscaping.
3. The southerly street frontage for Gleason Drive, from Arnold Road to Tassajara Creek.
4. The easterly street frontage for Arnold Road, from Central Parkway to Gleason Drive.
5. The easterly street frontage for Hacienda Drive from Summer Glen Drive to Gleason Drive, and westerly street frontage for Hacienda Drive from Cen tral Parkway to Gleason Drive.
6. Tassajara Creek and trail, from I -580 to the northerly property boundary of the Alameda County Surplus Property Authority property (APN 986-1-1-10).
7. Street median landscaping is not part of this District.
As generally defined in the 1972 Act, maintenance and servicing of the improvements may include one or any combination of the following:
1. The installation or planting of landscaping. The installation or construction of statuary, fountains, and other ornamental structures and facilities.
2. The installation or construction of any facilities which are appurtenant to any of the foregoing, or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.
3. The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
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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 the construction, installation, or maintenance and servicing of the improvements; and,
f. Costs as sociated with any elect ions held for t he 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 improvement s are on file in the City ’s Public Works Department and are made a part of this report by reference. 151
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 7 PART B
ESTIMATE OF COSTS
All landscaping and other eligible improvements within the District are maintained and serviced on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two ( 2) fiscal years.
The following describes the general services and costs shown in the cost estimate.
District Costs
Maintenance Landscape – The cost of maintenance and repair of landscaping and open space areas.
Utilities Water – The cost of furnishing water for maintenance of landscape and irrigation systems.
Utilities Electricity – The cost of electricity for maintenance of landscape, powering of irrigation systems, and entry lighting within the District.
Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.
Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.
District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District such as the cost to prepare and mail notices of the public meeting and hearing.
Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 8 Miscellaneous Costs and Collections/(Credits) Applied to Levy
Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non–District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fu nd commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accumulated in the Capital Improvement Fu nd 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 Levy – This is the total amount to be collected f or the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any) . Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023-24 and 2024-25.
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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
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projects the City plans to address utili zing 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 avai lable 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.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 inc orporated by reference herein and made part of this Report.
A reduced copy of the Assessment Diagram is shown on the following page.
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City of Dublin
Landscape and Lighting District No. 1997-1
Assessment Diagram
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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 assessment districts by agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessa ble l ots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.
Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.
General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties wit hin the District. Although the improvements include public a reas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 158
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 14 determined that the improvements a nd the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.
Special Benefits — The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability of those properties enhanced by the presence of well–maintained landscaping in close proximity to those properties.
The special benefits associated with landscape improvements are specifically:
1) Enhanced desirability of properties through association with the improvements.
2) Improved aesthetic appeal of properties providing a positive representation of the area and properties.
3) Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
4) Environmental enhancement through improved erosion resistance, dust and debris control, and fire prevention.
5) Increased sense of pride in ownershi p of property within t he District resulting from well-maintained improvements associated with the properties.
6) Enhanced qua lity of life th rough well -maintained gr een space and landscaped areas.
7) Reduced cr iminal activity and property -related crimes (espe cially vandalism) against properties in the Distr ict th rough well -maintained surroundings an d amenities including abatement of graffiti.
8) Enhanced environmental qual ity of th e parce ls by moderating temperatures, providing oxygenation, and attenuating noise.
The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements w ould have a negative impact on the properties within the District.
Non-Assessable Properties — Within the boundaries of the District, there are several types of properties th at are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 15 1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel.
Assessment Methodology
The initial Engineer’s Report provided for a max imum assessment o f $710 per developed acre, based on a total of 389,400 square feet of street improvements and a total of 957,000 square feet of creek improvements and 440.08 acres of developed property anticipated at the time of formation for build-out of all property within the District.
The cost of the improvements was divided equally among the total number of developed properties within the boundaries of the District on a per acre basis.
“Developed acres” shall include property having a recorded final map or parcel map as of July 1st of each year.
The following formulas are used to calculate each property’s assessment:
1. Cost of maintenance of installed improvements (“M”).
2. Total amount of developed acres (“A”).
3. The annual assessment for the developed acres for that year (“M”) shall be spread on a per-acre basis (“M” ÷ “A”) based on the following:
a. Commercial, retail, office, industrial, and all other parcel classifications not referenced herein’ developed area, per acre basis.
b. Single-family residential area, per acre basis.
c. Multi-family residential area, per acre basis.
4. The single- family and multi- family residential area per acre assessment will be further spread on a per lot basis based on the number of lots on the final map, parcel map, or condominium map for each development.
5. If the initial assessment in any year would exceed $710 per acre, the amount in excess of $710 shall be assessed to the remaining undeveloped acres on a per acre basis, subject to the maximum developed acre amount.
6. The maximum developed acre assessment of $710 per year will be increased annually by the percentage increase in the San Francisco- Oakland-San Jose Area Consumer Price Index for “All Urban Consumers and Clerical Workers” (applies to all costs except water and electricity), plus any budgeted increase in t he cost for water and electricity.
7. If the square footage cost of the improvements will be less than the amount set forth herein (after adjustment), the assessment shall be reduced proportionately to reflect the reduced cost of improvements in that year.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 16 Rate Classifications
Single and Multi-family residential subdivisions wit hin the Distr ict will be assigned a rate on a per lot basis. To determine the assessment per lot, the number of a cres 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 maintaining the District improvements increases slightly every year because of inflation. As at the time the District was formed, the property owners approved a formula for increasing assessments for each future fiscal year to offset increases in costs due to inflation.
The maximum assessment amount for each development/property type shal l be increased each fiscal year i n an amount equal to the annual percentage increase of the local San Francisco-Oakland-San Jose Area Consumer Price Index (“Ind ex”) for “All Urban Wage Earners and Clerical Workers” which is ap plied to all costs except utilities (water and electricity), p lus the a ctual percentage increase in utility costs (collectively, “Annual Escalation Factor”).
In order to implement the District’s Annual Escalation Factor annually, two rates were developed based on the cost estimate that was prepared at the time the property owners approved the annual escalator. The first rate (the “CPI Rate”) was created to encompass the annual District cost increases except for utilities . The second rate (the “Utility Rate”) was created to encompass the annual utility cost increases.
The Index is to be applied annually to the prior year’s maximum CPI Rate for each development/property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each development/property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the a nnual 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. Thi s difference is used to calculate the annual increase in the Utility Rate for each development/property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 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 161
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 17 City Council by June of each year, and to meet both County submi ttal and statutory requirements. Each fiscal year starting in 2018, the City shall identify t he 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 20 22 and 202 1. 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.
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
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 METHOD OF APPORTIONMENT 18 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 am ount allowable regardless of whether the increase is levied to the parcels within the District.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ASSESSMENT ROLL
19 PART E
ASSESSMENT ROLL
The proposed assessment and the amount of the assessment apportioned to each lot or parcel, as shown on the latest roll at the Assessor’s Office, are on file under separate cover with the City Clerk. Furthermore, the description of each lot or parcel is part of the records of the Assessor of the County of Alameda and those records are, by reference, made part of this report. The assessments shown will be submitted to the County Auditor/Controller and included on the property tax roll for each parcel shown in the assessment roll for Fiscal Year 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.
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Street Lighting
District No. 1999-1
Fiscal Year 2023-24
Final Engineer’s Report
May 2, 2023
Attachment 7
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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
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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 Constitution, provisions of the Landscaping and Lighting Act of 1972 and Section 22500 et al of the California Streets and Highways Code.
The undersigned certifies that he is a Professional Engineer, registered in the State of California.
Dated: April 14, 2023 By:
Eduardo Espinoza, P.E.
RCE # 83709
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STREET LIGHTING DISTRICT No. 1999-1 INTRODUCTION
1 SECTION I
I
NTRODUCTION
The Ci ty of D ublin (“City”) levies and co llects special assessm ents on pa rcels within the City of D ublin Street Lighting Maintenance District No. 1999-1 (“D istrict”) to m aintain 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 par cel based on the sp ecial benef its received as approved by the City Council at the time the District was formed.
General Description of the District
The District w as initially formed in 1 999 to provide a dedicat ed source of fu nding for the ongoing maint enance of publ ic s treet lig hting im provements w ithin the b oundaries of the Dublin Ranch development (excluding the golf course). Tract 706 7, which is the Clifden Parc development off Mountain Rise Pl ace in the western hills of the City was annexed to th e District in 200 0, and Dublin Ranch Ar eas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including areas B, C, F an d H were annexed to the District in December 2005. Fallon Village (Tract 7586) was annexed to the District in 2007, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011.
Tract 8102, which is the Tassajara Hills Phase 1 was annexed to the Distric t in 2017. One reason for the formation of the District wa s that a special decorative lighting fixture was designed and installed throughout the area to create a co mmunity element as par t 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 P art 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 Ca lifornia Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
The formation of this District was initiated by petition from the developer, and the City has determined it is compliant with the substantive and procedural requirements of Proposition 218 and the 1972 Act. At the time the District was formed, the property owners agreed to the inclusion of a formula for increasing assessments for each fiscal year to offset increases due to inflation as described in the assessment methodology. 168
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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
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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.
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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.
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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, diagram, and assessment;
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STREET LIGHTING DISTRICT No. 1999-1 PLANS AND SPECIFICATIONS 6 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 illumina ting 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.
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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 on a regular basis. The proposed cost estimate for the District is shown on a following page herein. This includes an estimate of the costs of utilities, operations, services, administration, and maintenance associated with the improvements, including all labor, personnel, equipment, materials, and administrative expenses. The summary also shows the estimated fund bal ance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.
The following describes the general services and costs shown in the cost estimate.
District Costs
Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs.
Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract.
California Street Light Association – The cost of Street Light Association dues based on relative number of lights within the District.
Utilities Electricity – The cost of streetlight electrical energy use, including miscellaneous utility charges.
Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.
Legal Notices – The cost of legal notices includes costs associated with preparation and publishing of any, and all required legal notices associated with the District.
District Administration – The costs of contracting with professionals to provide services specific to the annual levy administration, including preparation of the Engineer’s Report, resolutions, and levy submittal to the County. These fees can also include any additional administrative, legal, or engineering services specific to the District, such as the cost to prepare and mail notices of the public meeting and hearing.
Public Works Administration – The cost of public works administration includes costs derived by the City’s Public Works Department or other department in relation to the administration and management of the District.
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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 tax bills. Alameda County charges 1.7% of the total levy amount.
Miscellaneous Costs and Collections/(Credits) Applied to Levy
Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non–District accounts to pay for operational e xpenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.
Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fu nd commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.
Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts 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 Levy – This is the total amount to be collected for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District ( Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any) . Only those costs related to the improvements identified as conferring special benefits to property are levied and collected on the tax roll.
The following page shows the cost estimates for Fiscal Year 2023-24 and 2024-25.
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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
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STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
10 Capital Improvement Projects
In addition to collecting funds annually for maintenance, funds are also allowed to be collected for capital improvement projects. Capital improvement projects generally include the repair and replacement of public improvements authorized to be maintained by the District. These funds are collected and often accumulated in a separate fund and are not considered to be a part of the regular maintenance of the improvements.
Following is a list of capital improvement projects the City plans to address utili zing District funds in the upcoming fiscal year and thereafter.
Light Pole Painting: The City has identified the need for regular painting of light poles within the District.
Citywide Energy Improvements: The City identified 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.
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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.
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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
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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 agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apporti oned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvement s as determined at the time the District was established.
General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 180
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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.
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STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 15 Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated on the basis of a formula that utilizes Equivalent Dwelling Units (EDU). The EDU method of apportionment est ablishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single-family residential parcel is assigned 1.00 EDU since it represented more than 85% of the total parcels within the District.
EDU’s are assigned to the other land uses based upon the property’s development status, type of developm ent (County of Alameda land use code) and property size as shown in the table below.
Single-Family Residential (SFR) — (County land use 1x, 2x, 7x) This land use identifies properties that are developed for single- family residential use and are assigned a factor of
1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against ( i.e., EDU). This land use classification may include, but is not limited to , lots or parcels identified as single- family residential homes, condominium, vacant residential land zoned for four units or less, planned development (tract or townhouse type), and modular/manufactured single- family residential 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, and 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) This land use identifies properties that are exempt from assessment and are assigned 0.00 EDU. This land use classification may include, but is not limited to, lots or parcels identified as exempt public agencies, property leased or owned by public utilities, cem eteries, and 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
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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 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 shal l 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 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 Distri ct’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 ens ure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2023- 24 was determined based on the difference using the annual amount for calendar years 202 2 and 202 1. S hould the 183
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STREET LIGHTING DISTRICT No. 1999-1 METHOD OF APPORTIONMENT 17 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
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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.
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Public Hearing
Assessment Districts
May 2, 2023
186
Background
• April 4, 2023 – City Council set the public hearing for May 2, 2023. • Notification - Staff posted Public Notices at City Hall. • Public Notice was published in The East Bay Times.
• Website – The Public Notice and copies of the fiscal year 2023-2024 Engineer’s Reports were posted on the City website.
• Postcards were sent to property owners in Districts 1983-2 and 1986-1. • Public Response – None
187
Citywide Street Lighting Maintenance
District No. 1983-1
• Funds maintenance and utility costs for Dublin’s public streetlights.
• Proposition 218: Assessments capped at $19.34 per single family residence and $106.37 per acre of commercial or industrial use. • Fiscal year budget projects a decrease in reserves of $53,736 which includes estimated interest and reserve funding for the increase in electricity costs.
188
Landscape Maintenance District No.
1983-2
• Maintains Tract 4719 landscaping adjacent to Stagecoach Road. • FY23-24 budget proposes a 13% increase to bring assessment rates to the maximum. The existing capital improvement fund balance and the additional revenue from the rate increase will fund general improvements, such as v-ditch repairs, retaining wall repairs, and additional irrigation and planting. • Maximum assessments are $509.06 per single family home, and $86.08 for apartments and condominiums.
• Fiscal year budget projects a decrease in reserves of $133,905 which includes estimated interest and capital improvement funding for the landscaping beautification project.
189
Landscape Maintenance District No.
1986-1
• Maintains landscaping, fences, and walls in the residential area west of Dougherty Road and north of Amador Valley Boulevard.
• FY23-24 budget proposes a 3% increase to bring assessment rates to the maximum.
The existing capital improvement fund balance and additional revenue from the rate increase will fund current and future capital improvement projects, as well as other general improvements.
• Maximum assessments are $308.82 per single family home, $154.41 for apartments, and $1,235.28 for commercial lots.
• Fiscal year budget projects an increase in reserves of $73,317, which includes estimated interest and capital improvement funds.
190
Landscape Maintenance District No.
1997-1
• Maintains landscaping in the Santa Rita development, bounded by I-580, Tassajara Road, Gleason Drive and Arnold Road.
• FY23-24 budget proposes no increase with assessments remaining at $903.85 per acre. Assessment varies between $54 to $216 per residential unit, depending on residential density.
• Maximum assessments are $1,588.25 per acre.
• Fiscal year budget projects an increase in reserves of $29,673, which includes estimated interest and capital improvement funds.
191
Street Lighting Maintenance District
No. 1999-1
• Maintains street lighting, including decorative light fixtures, in Dublin Ranch, Fallon Village, Jordan Ranch, and Clifden Park developments.
• FY23-24 budget proposes no increase with assessments remaining at $38.03 per dwelling unit and $209.15 per acre for commercial use.
• Maximum assessments are $64.14 per dwelling unit and $352.75 per acre. • Fiscal year budget projects an increase in reserves of $46,599, which includes estimated interest and capital improvement funds.
• One capital improvement project is identified for FY23-24, and funded by the capital improvement fund:
– Light Pole Painting project
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Recommendation
That the City Council:
• Open the Public Hearing for all five Assessment Districts, take testimony, close the Public Hearing, and Deliberate;
• Adopt the Resolution for all five Districts:
– Approving the Engineer’s Report
– Confirming Diagram and Assessment
– Ordering the Levy of Assessment
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STAFF REPORT
CITY COUNCIL