Dublin City Council
May 7, 2024

May 07, 2024 Dublin City Council Regular Meeting Agenda 1 COUNCILMEMBERS City Council Chamber
Melissa Hernandez, Mayor Dublin Civic Center
Dr. Sherry Hu, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Michael McCorriston, Councilmember www.dublin.ca.gov
Kashef Qaadri, Councilmember
Regular Meeting of the

DUBLIN CITY COUNCIL
Tuesday, May 7, 2024 Location: City Council Chamber
100 Civic Plaza
Dublin, CA 94568
CLOSED SESSION 6:00 PM
REGULAR MEETING 7:00 PM
Additional Meeting Procedures
This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments 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 7, 2024. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation 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.
□ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.
1 May 07, 2024 Dublin City Council Regular Meeting Agenda 2 CLOSED SESSION 6:00 PM
I. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney
II. CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representatives: Mayor Hernandez and Councilmember Qaadri Unrepresented Employee: City Attorney
III. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Councilmembers Josey and McCorriston Unrepresented Employee: City Manager
IV. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 case

REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Affordable Housing Month Proclamation
The City Council will present the Affordable Housing Month Proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

Staff Report
Attachment 1 - Affordable Housing Month Proclamation

3.2 Introduction of Dublin Police Services Lieutenant Phillip Corvello Dublin Police Services Lieutenant Phillip Corvello, who began working with Dublin Police Services on April 14, 2024, will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Lieutenant Phillip Corvello.

Staff Report

4. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
2 May 07, 2024 Dublin City Council Regular Meeting Agenda 3

5. 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.

5.1 Approval of the April 16, 2024 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 16, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the April 16, 2024 Regular City Council Meeting.

Staff Report
Attachment 1 - April 16, 2024 Regular City Council Meeting Minutes

5.2 Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8449 and 8677, The DC (Dublin Centre)
The City Council will receive notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8449 and 8677, PA-North The DC (Dublin Centre) and PA-4 The DC (Dublin Centre), respectively.

STAFF RECOMMENDATION:

Receive the notification.

Staff Report
Attachment 1 - Draft Tract 8449 Final Map
Attachment 2 - Draft Tract 8677 Final Map

5.3 Update Designation of Positions Authorized to Approve Disbursements from the CalPERS California Employers’ Retiree Benefit Trust
The City Council will consider approving an update to the designation of positions authorized to approve disbursements from the CalPERS California Employers’ Retiree Benefit Trust.

STAFF RECOMMENDATION:

Adopt the Resolution Delegating the Positions Authorized to Request Disbursements from the California Public Employees Retirement System California Employers’ Retiree Benefit Trust.

Staff Report
Attachment 1 - Resolution Delegating the Positions Authorized to Request Disbursements from the CalPERS California Employers’ Retiree Benefit Trust Attachment 2 - Exhibit A to Resolution Delegating the Positions Authorized to Request Disbursements from the CalPERS California Employers’ Retiree Benefit Trust

5.4 Renewal of the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software.

The City Council will consider the license subscription to Oomnitza, Inc. for information technology asset management software, and authorize the City Manager to execute the annual renewals.
3 May 07, 2024 Dublin City Council Regular Meeting Agenda 4 STAFF RECOMMENDATION:

Adopt the Resolution Approving the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software and Authorizing the City Manager to Execute Annual Renewals.

Staff Report
Attachment 1 - Resolution Approving the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software and Authorizing the City Manager to Execute Annual Renewals
Attachment 2 - Exhibit A to the Resolution - License Subscription to Oomnitza, Inc. IT Asset Management Software Agreement Renewal
Attachment 3 - Original License Subscription to Oomnitza, Inc. IT Asset Management Software Agreement

5.5 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

5.6 Report on the Business Recovery Playbook and Approval of the Small Business Navigator Program and Outdoor Operations Grant Program
The City Council will receive a report on the Business Recovery Playbook, a postpandemic strategic action plan to support Dublin businesses and Economic Development’s transition from recovery efforts to resiliency efforts. Additionally, the City Council will consider approving guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program that were introduced as part of the Playbook.

STAFF RECOMMENDATION:

Receive the report on the Business Recovery Playbook and adopt the Resolution Approving the Guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program.

Staff Report
Attachment 1 - Resolution Approving the Guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program
Attachment 2 - Exhibit A to the Resolution - Small Business Navigator Program Guidelines Attachment 3 - Exhibit B to the Resolution - Outdoor Operations Grant Program Guidelines
Attachment 4 - Business Recovery Playbook

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 2024-25. A public hearing is required to set the annual levy.
4 May 07, 2024 Dublin City Council Regular Meeting Agenda 5 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 Street Lighting Maintenance Districts and Landscape and Lighting Districts Attachment 2 - City Council Staff Report dated April 16, 2024 (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.

8. NEW BUSINESS

8.1 City of Dublin Fiscal Year 2024-25 Human Services Grant Program Funding Recommendations
The City Council will consider the funding recommendation for the Human Services Grant Program and approve a funding allocation for Fiscal Year 2024-25.

STAFF RECOMMENDATION:

Adopt the Resolution Approving Funding Recommendations for the Fiscal Year 2024-25 Human Services Grant Program.

Staff Report
Attachment 1 - Resolution Approving Funding Recommendations for the Fiscal Year 2024- 25 Human Services Grant Program
Attachment 2 - Exhibit A to the Resolution - Fiscal Year 2024-25 Human Services Grant Program Funding Recommendations
Attachment 3 - Grant Summary Table
Attachment 4 - Dublin Mission and Vision Statements
Attachment 5 - Tri-Valley Needs Assessment - 14 Areas of Concern Attachment 6 - Grant Rating Guide
Attachment 7 - Fiscal Year 2024-25 Human Services Grant Applications Item 8.1 PowerPoint Presentation

8.2 Report on Bikeshare Programs
The City Council will receive a report on bikeshare programs, and consideration of factors impacting the feasibility of such a program in Dublin. This report provides a summary of various shared mobility models and of lessons learned and requirements for success based on other agencies that have implemented bikeshare. 5 May 07, 2024 Dublin City Council Regular Meeting Agenda 6 STAFF RECOMMENDATION:

Receive the report.

Staff Report
Item 8.2 PowerPoint Presentation

8.3 Discussion of the Use of a Virtual Platform for Public Comment The City Council will consider whether to continue offering a courtesy to the public to provide public comment virtually via Zoom. This was brought up under Item 9 at the April 16, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Provide direction to Staff on whether changes should be made to the City’s current practice of allowing public comment via remote communication.

Staff Report
Item 8.3 PowerPoint Presentation

9. CITY MANAGER AND CITY COUNCIL REPORTS
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, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity and inclusion. 6 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Affordable Housing Month Proclamation
Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:

The City Council will present the Affordable Housing Month Proclamation.

STAFF RECOMMENDATION:

Present the Proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Affordable Housing Month is an opportunity to come together with organizations such as East Bay Housing Organizations to build support for affordable housing and racial justice and educate our communities on how affordable housing benefits us all.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Affordable Housing Month Proclamation
7 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Affordable Housing Month”
WHEREAS, quality affordable homes are vital to healthy, safe, and racially just communities; and WHEREAS, stable affordable homes are the solution to homelessness, and support seniors, families, youth, veterans, people with disabilities or special needs, and our whole community; and
WHEREAS, non-profit organizations, local jurisdictions, community organizations, and others come together in the nine Bay Area counties to create affordable housing and homelessness solutions; and
WHEREAS, East Bay Housing Organizations is a volunteer-led and membership-driven organization with over 450 community advocates and professionals coming together to help the people who need affordable housing; and WHEREAS, this year East Bay Housing Organizations commemorates its 40th anniversary with the theme, “Powerful Legacy, Powerful Future,” and champions affordable housing in the East Bay, fostering a racially and economically just community for all; and WHEREAS, local housing organizations are continuing to recognize May as Bay Area Affordable Housing Month because regional action is a way to address a growing regional housing crisis and is an essential part of recovery from the pandemic and the work to ensure that everyone has an affordable and stable home.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May as Affordable Housing Month in the City of Dublin and works to support affordable and stable housing at the local, regional, state, and federal levels.

DATED: May 7, 2024
Mayor Melissa Hernandez Vice Mayor Sherry Hu
_______ Councilmember Jean Josey Councilmember Michael McCorriston Councilmember Kashef Qaadri 8 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Introduction of Dublin Police Services Lieutenant Phillip Corvello Prepared by: Nate Schmidt, Chief of Police
EXECUTIVE SUMMARY:

Dublin Police Services Lieutenant Phillip Corvello, who began working with Dublin Police Services on April 14, 2024, will be introduced to the City Council.

STAFF RECOMMENDATION:

Welcome Dublin Police Services Lieutenant Phillip Corvello.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Lieutenant Phillip Corvello, who began working for Dublin Police Services on April 14, 2024, will be introduced to the City Council. Lieutenant Corvello has over 18 years of experience with the Alameda County Sheriff’s Office, including over seven years with Dublin Police as a Patrol Officer and a Motor Officer.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
9 STAFF REPORT

CITY COUNCIL

Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the April 16, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the April 16, 2024 Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the April 16, 2024 Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) April 16, 2024 Regular City Council Meeting Minutes
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of April 16, 2024 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
10 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: April 16, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 16, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at: https://dublin.ca.gov/ccmeetings CLOSED SESSION 6:30 PM
I. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Dublin v. Andrea Renzulli, et al., Alameda Superior Court Case No. 23CV039508
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, April 16, 2024, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor Hernandez. 1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Melissa Hernandez, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Michael McCorriston, Councilmember Present
Kashef Qaadri, Councilmember Present
2) REPORT ON CLOSED SESSION
Mayor Hernandez reported there was no reportable action out of Closed Session. 3) PRESENTATIONS AND PROCLAMATIONS

3.1) Crime Victims’ Rights Week Proclamation
The City Council presented the Crime Victims’ Rights Week Proclamation.

Attachment 1
11 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 16, 2024

3.2) Sexual Assault Awareness Month Proclamation
The City Council presented the Sexual Assault Awareness Month Proclamation.

3.3) Arts, Culture, and Creativity Month Proclamation
The City Council presented the Arts, Culture, and Creativity Month Proclamation.

3.4) Fair Housing Month Proclamation
The City Council presented the Fair Housing Month Proclamation. 4) PUBLIC COMMENT
Mike Grant provided public comment.

Hrudya Shah provided public comment.
5) CONSENT CALENDAR

5.1) Approved the April 2, 2024, Regular City Council Meeting Minutes.

5.4) Adopted Resolution No. 27-24 titled, “Approving the Cooperative Agreement with Alameda County Transportation Commission for the Construction Phase of the Green Stormwater Infrastructure Project.”

5.5) Adopted Resolution No. 28-24 titled, “Approving the Plans and Specifications and Awarding a Contract to American Asphalt Repair & Resurfacing Co., Inc. for the Annual Street Resurfacing (2024 Slurry Seal) Project, CIP No. ST0117.”

5.6) Received a report of payments issued from March 1, 2024 – March 31, 2024, totaling $9,636,172.43.

On a motion by Councilmember McCorriston, seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted the Consent Calendar, except for items 5.2 and

5.3. RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Michael McCorriston, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri

5.2) Adopted Resolution No. 25-24 titled, “Directing Preparation of Annual Engineer’s Reports for Street Lighting Maintenance District 1983-1, Landscape and Lighting 12 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 16, 2024
District 1983-2, Landscape and Lighting District 1986-1, Landscape and Lighting District 1997-1, and Street Lighting Maintenance District 1999-1;” and Resolution No. 26-24 titled, “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.” This item was pulled from the Consent Calendar by Councilmember Josey for further discussion.

On a motion by Councilmember Josey and seconded by Vice Mayor Hu, and by unanimous vote, the City Council adopted Consent Calendar item 5.2 with direction for staff to separate this item into two separate meetings in the future.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Josey, Hu, Qaadri

5.3) Confirmed Forest Park as the name of the new neighborhood square located on Central Parkway in the Jordan Ranch Development.

This item was pulled from the consent calendar by Councilmember Josey for further discussion.

Councilmember Josey made a motion to send the item back to the Parks and Community Services Commission for another round of public comment. The motion failed due to lack of second.

On a motion by Mayor Hernandez and seconded by Vice Mayor Hu, and by a 3-to-2 vote, the City Council removed ‘Central’ from the recommendation and confirmed Forest Park as the name of the new park located on Central Parkway in the Jordan Ranch Development.

RESULT: ADOPTED [THREE-TO-TWO]
MOVED BY: Melissa Hernandez, Mayor
SECOND: Dr. Sherry Hu, Vice Mayor
AYES: Hernandez, McCorriston, Hu
NOES: Josey, Qaadri
6) PUBLIC HEARING – None.
7) UNFINISHED BUSINESS – None.
13 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
APRIL 16, 2024
8) NEW BUSINESS

8.1) Preliminary Budget for Fiscal Years 2024-25 and 2025-26 The City Council received a presentation on the preliminary two-year General Fund budget, as well as an update to the City’s 10-year Financial Forecast.

Mayor Hernandez opened the public comment period.

Mike Grant provided public comment.

Mayor Hernandez closed the public comment period.

8.2) Draft Proposed Five-Year Capital Improvement Program 2024-2029 The City Council received a presentation on the Draft Proposed Five-Year Capital Improvement Program 2024-2029 and provided direction to Staff regarding the Proposed Capital Improvement Program 2024-2029.

Mayor Hernandez opened the public comment period. Upon receiving no public comment, Mayor Hernandez closed the public comment period.
9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234).

By consensus, the City Council directed staff to bring back a discussion regarding virtual public comment.
10) ADJOURNMENT
Mayor Hernandez adjourned the meeting at 10:15 PM.

Mayor
ATTEST:

City Clerk
14 STAFF REPORT

CITY COUNCIL

Agenda Item 5.2
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Notice of City Engineer’s Receipt of Final Maps for Review for Tracts 8449 and 8677, The DC (Dublin Centre)
Prepared by: Gabrielle Abdon, Associate Civil Engineer
EXECUTIVE SUMMARY:

The City Council will receive notification of the City Engineer’s receipt of the Final Maps for review for Tracts 8449 and 8677, PA-2 North The DC (Dublin Centre) and PA-4 The DC (Dublin Centre), respectively.

STAFF RECOMMENDATION:

Receive the notification.

FINANCIAL IMPACT:

There is no impact to the General Fund.

DESCRIPTION:

In accordance with Chapter 9.24.080 of the City of Dublin Municipal Code, this is notice of the City Engineer’s receipt of the following Final Maps for review:

Tract Location Developer Number of
Units/Lots
Type
8449 PA-2 North The DC
(Dublin Centre)
Landsea Homes, Inc. 224 Units Condominium
8677 PA-4 The DC (Dublin
Centre)
Landsea Homes, Inc. 15 Lots Single Family
The DC (Dublin Centre) development (formerly the SCS Property) is bounded by Tassajara Road, Gleason Drive, Brannigan Street, and Dublin Boulevard. The development is divided into four planning areas (PA-1, PA-2, PA-3, and PA-4). PA-2 North (Tract 8449) is located between Dublin 15

Boulevard and Central Parkway. PA-4 (Tract 8677) is located north of Gleason Drive. The developer has submitted the final maps for PA-2 North (Tract 8449) and PA-4 (Tract 8677) for review by Staff.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Draft Tract 8449 Final Map
2) Draft Tract 8677 Final Map
16 Attachment 1
17 18
19 20
21 22
23 24
25 26
27 28
29 II
I
II
I
I
PlffiER's SJAJENENJ
lliE UNDERSIGNED DO HEREBY STATE lliAT lliEY ARE lliE Ov.,jERS OF AIL lliE LANDS DELINEATED AND EMBRACED \\11lilN lliE TRACT BOUNDARY LINE OF llilS FINAL MAP ENTill.ED "TRACT IJIJ77, PA-4 lliE DC DUBLIN CENTRE, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA", CONSISTING OF SIX (B) SHEETS, llilS STATEMENT BEING UPON SHEET ONE (1) lliEREOf; lliAT lliEY CONSENT TO lliE PREPARATION AND FILING Of SAID MAP; lliAT SAID MAP PARTICULARLY SETS FORTI, AND DESCRIBES ALL lliE LOTS INTENDED FOR SALE BY lliEIR NUMBER AND PRECISE \\1Dlli AND LENGlli; AND lliAT SAID MAP PARTICULARLY SETS FORTI, AND DESCIRIBES lliE PARCELS OF GROUND RESERVED FOR PUBLIC PURPOSES BY lliEIR BOUNDARIES, COURSES, AND

EX TENT.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED IN FEE FOR PUBLIC PURPOSES: lliOSE PORTIONS OF SAID LANDS DESIGNA TED ON llilS MAP AS: PARCEL D (TASSAJARA ROAD) AND PARCEL E (GLEASON DRIVE AND BRANNIGAN STREEl) AS PUBLIC STREETS.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: lliE AREAS DESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AS DELINEATED AND EMBRACED \\11lilN lliE BOUNDARIES Of lliE HEREIN EMBODIED MAP, FOR lliE PURPOSE Of INGRESS AND EGRESS OF PUBLIC SAFETY VEHICLES AND EMERGENCY EQUIPMENT.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: lliE AREAS DESIGNA TED AS PUBLIC ACCESS EASEMENT (PAE) FOR lliE PURPOSE Of PEDESTRIAN INGRESS AND EGRESS.

MAINTENANCE OF SAID AREA SHALL BE lliE RESPONSIBILITY OF lliE HOMEOv.,jERS ASSOCIATION GOVERNING TRACT 8677.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: lliE AREAS IN, UNDER, ALONG, AND ACROSS ANY AREA OR STRIP Of LAND DESIGNATED AS PUBLIC SERI/ICE EASEMENT (PSE), AS DELINEA TED AND EMBRACED \\11lilN lliE BOUNDARIES Of lliE HEREIN EMBODIED MAP, DEDICATED TO lliE CITY OF DUBLIN FOREVER FOR lliE "PURPOSES OF PUBLIC SERI/ICES" (AS HEREIN DEFINED). lliE "PURPOSES Of PUBLIC SERI/ICES" SHALL INCWDE lliE CONSTRUCTION, RECONSTRUCTION, REMOI/ING, REPLACING, REPAIRING, MAINTAINING, OPERATING, AND USING "PUBLIC SERI/ICE FACILITIES" (AS DEFINED HEREIN), AND ACCESS lliROUGH lliE PUBLIC SERI/ICE EASEMENT FOR lliESE PURPOSES. "PUBLIC SERI/ICE FACILITIES" SHALL INCLUDE PUBLIC UTILITIES, FIRE HYDRANTS, ELECTROLIERS. IRRIGATION SYSTEMS, SIGNS AND TRAFFIC SIGNALS, AND ALL NECESSARY APPURTENANCES lliERETO SUCH AS BRACES, CONNECTIONS. FASTENINGS, APPLIANCE5, AND FIXTURES FOR USE IN CONNECTION lliEREW111i. AIL PUBLIC SERI/ICE EASEMENTS SHALL BE KEPT OPEN AND FREE FROM BUILDINGS OR STRUCTURES OF ANY KIND, \\11li lliE SOLE EXCEPTION OF PUBLIC SERI/ICE FACILITIES. AIL PUBLIC SERI/ICE EASEMENTS SHALL BE CONSIDERED PUBLIC "WAYS" AS lliAT TERM IS USED IN CALIFORNIA PUBLIC UTILITIES CODE SECTION 6202, AND ALL PUBLIC UTILITIES HOLDING A VALID FRANCHISE FROM lliE CITY SHALL HAVE lliE RIGHT TO USE lliE PUBLIC SERI/ICE EASEMENTS IN ACCORDANCE W,TI, lliE TERMS OF lliE FRANCHISE.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PUBLIC PURPOSES: lliE AREAS

DESIGNA TED AS PUBLIC UTILITY EASEMENT (PUE) FOR CONSTRUCTION AND MAINTENANCE OF APPLICABLE UTILITY STRUCTURES AND APPURTENANCES lliERETO. SAID AREAS OR STRIPS Of LAND ARE TO BE KEPT

OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND, EXCEPT APPLICABLE UTILITY STRUCTURES AND APPURTENANCES.
lliE REAL PROPERTY DESIGNATED AS "DSRSD" ARE IRREVOCABLY OFFERED FOR DEDICATION TO DUBLIN SAN

RAMON SERI/ICES DISTRICT (DSRSD), OR ITS DESIGNEE IN GROSS, AS A SUBSURFACE EASEMENT AND SURFACE EASEMENT FOR POTABLE WA TER AND RECYCLED WA TER AND SANITARY SEWER PURPOSE5, INCWDING ACCESS lliERETO, FOR CONSTRUCTION, OPERATION, MAINTENANCE, REPAIR AND REPLACEMENT Of WORKS.

IMPROVEMENTS, AND STRUCTURES, AND lliE CUEARING Of OBSTRUCTIONS AND VEGETATION. NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALL ANYllilNG BE DONE lliEREIN, NOR ACCESS RESTRIC TED lliERETO \\tilCH MAY INTERFERE W111i DSRSD'S FULL ENJOYMENT Of SAID EASEMENT. SAID "DSRSO" SHALL BE ACCEPTED BY SEPARATE INSTRUMENT.
lliE REAL PROPERTY DESCIRIBED BELOW IS DEDICATED AS AN EASEMENT FOR PRIVATE PURPOSES: lliE AREAS DESIGNATED AS PRIVATE PEDESTRIAN ACCESS EASEMENT (PRPAE) ARE DEDICATED TO lliE FUTURE LOT Qv.,jERS. RESIDENT5, AND I/ISITORS FOR PRIVA TE PEDESTRIAN ACCESS. SAID EASEMENTS ARE NOT OFFERED FOR DEDICATION TO lliE PUBLIC. MAINTENANCE OF SAID AREA SHALL BE lliE RESPONSIBILITY Of lliE MASTER HOMEOv.,jERS ASSOCIATION GOVERNING TRACT 8677.
lliE REAL PROPERTY DESIGNATED AS PARCEL C (STREET A AND STREET 8) IS FOR lliE PURPOSE OF A PRIVATE STREET. SAID PRIVA TE STREET IS NOT OFFERED FOR DEDICATION TO lliE PUBLIC. MAINTENANCE Of SAID PRIVATE STREET SHALL BE lliE RESPONSIBILITY OF lliE HOMEOv.,jERS ASSOCIATION GOVERNING TRACT IJIJ77. llilS MAP SHOWS ALL EASEMENTS ON lliE PREMISES AND/OR OF RECORD, \\11lilN lliE BOUNDARY LINES OF lliE HEREIN EMBOOIED MAP.

Qv.,jER:

LANDSEA HOMES, INC., A CALIFORNIA CORPORATION
BY: ___________ _ BY: ___________ _
l
NAME:

I
Till.E, _____ _
NAME: ___________ _
TITI..E: ___________ _
! APN: 985-0052-025
PYtNEB'S ACKNOWLEQGENENJ
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I CERTIFY UNDER PENALTY OF PERJURY UNDER lliE LAWS Of lliE STATE OF CALIFORNIA lliAT lliE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
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FILED FOR RECORD llilS __ DAY OF ___ 2D- AT ______M., IN BOOK __ OF MAPS AT PAGES _ lliROUGH _ UNDER SERIES NO. _____ AT lliE REQUEST OF FIRST AMERICAN Till.E COMPANY IN lliE OFFCE Of lliE COUNTY RECORDER Of ALAMEDA, STATE OF CALIFORNIA.

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COUNTY RECORDER IN AND FOR TRE
COUNTY OF ALAMEDA, STATE Of CALIFORNIA
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PA-4 THE DC DUBLIN CENTRE
BEING A SUBDIVIBION OF PARCEL 4 or PARCEL llAP 9512
FUD IN BOOK 308 OF PARCEL llAPS
AT PAGES 13 THROUGH 18
OfflCW. RECORDS OF ALAMEDA COUNTY

CITY OF DUBIJN

ALAMEDA COUNTY, CALIFORNIA

RUGGERI-JENSEN-AZAR

CIVIL ENGINEERS, PLANNERS, SURVEYORS
PLEASAIITOII, CALIFORNIA APRIL 2D24
IOB NO. 171028PA4 SIIDT 1 OF 8 8IIEETS
Attachment
2 30
31 32
33 34
35 STAFF REPORT

CITY COUNCIL

Agenda Item 5.3
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Update Designation of Positions Authorized to Approve Disbursements from the CalPERS California Employers’ Retiree Benefit Trust Prepared by: Darlynn Haas, Management Analyst
EXECUTIVE SUMMARY:

The City Council will consider approving an update to the designation of positions authorized to approve disbursements from the CalPERS California Employers’ Retiree Benefit Trust.

STAFF RECOMMENDATION:

Adopt the Resolution Delegating the Positions Authorized to Request Disbursements from the California Public Employees Retirement System California Employers’ Retiree Benefit Trust.

FINANCIAL IMPACT:

There are no financial impacts associated with the recommended action.

DESCRIPTION:

At the May 15, 2007 City Council meeting, the City Council authorized participation in the California Public Employees Retirement System (CalPERS) California Employers’ Retiree Benefit Trust (CERBT) for the management of funds invested and disbursed for health insurance premiums of employees retired from the City of Dublin.

The City makes quarterly payments to eligible retirees for health premiums. In order to be reimbursed by CERBT for such payments, the City is required to submit a request for disbursement. On September 14, 2014, the City Council delegated authority to the Director of Administrative Services, or the Assistant Director of Administrative Services, to request such disbursements. On June 20, 2023, the City Council approved changes to the City’s Personnel System, which included updating the Administrative Services Director to Finance Director.

Additionally on September 5, 2023, the City added the position of Accounting Manager to the City’s Classification Plan, to more accurately represent the responsibilities of the positions. The 36

attached Resolution updates the delegation of authority by authorizing the Finance Director, or the Accounting Manager, to request disbursements on behalf of the City.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Delegating the Positions Authorized to Request Disbursement from the California Public Employees Retirement System California Employers’ Retiree Benefit Trust. 2) Exhibit A to the Resolution - Delegating the Positions Authorized to Request Disbursement from the California Public Employees Retirement System California Employers’ Retiree Benefit Trust.
37 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

DELEGATING THE POSITIONS AUTHORIZED TO REQUEST DISBURSEMENTS FROM

THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM CALIFORNIA EMPLOYERS’ RETIREE BENEFIT TRUST
WHEREAS, the City Council approved the adoption of Resolution 74-07 on May 15, 2007; and
WHEREAS, Resolution 74-07 authorized the City’s participation in the California Public Employees Retirement System California Employers’ Retiree Benefit Trust (Trust); and WHEREAS, the City has made contributions to the Trust for the purpose of funding retiree medical benefits; and
WHEREAS, periodically the City will need to request disbursements from the Trust to reimburse the City for eligible expenditures for retiree medical benefits; and WHEREAS, CalPERS has developed a specific form for participating agencies to complete identifying by position, classifications which will be authorized to request disbursements from the Trust; and
WHEREAS, Resolution 158-14 designated and authorized the incumbents in the positions of Director of Administrative Services or Assistant Director of Administrative Services to request disbursements from the Trust on behalf of the City of Dublin; and WHEREAS, the City Council approved changes to the Personnel System in June and September of 2023, changing the Director of Administrative Service to Director of Finance and Assistant Director of Administrative Services to the Accounting Manager, respectively, hence requiring a change in the authorized positions for the Trust.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby updates the City’s delegation of authority by designating that the incumbents in the positions of Finance Director or Accounting Manager shall be authorized to request disbursements from the Trust on behalf of the City of Dublin.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute and file the form (Attached hereto as Exhibit A) with California Public Employees Retirement System, in order to record this action in a format acceptable to CalPERS. {Signatures on following page}
38 Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:

_________________________________
City Clerk
39 CERBT-02 (Revised 8/2023) Page 1 of 1
State of California
California Public Employees’ Retirement System California Employers’ Retiree Benefit Trust (CERBT) 400 Q Street,
Sacramento, CA 95811
www.calpers.ca.gov
Delegation of Authority to Request Disbursements
California Employers’ Retiree Benefit Trust
(CERBT)

RESOLUTION
OF THE
(GOVERNING BODY)
OF THE
(NAME OF EMPLOYER)
The delegates to the incumbents
(GOVERNING BODY)
in the positions of and
(TITLE)
, and/or
(TITLE)
authority to request on behalf of the
(TITLE)
Employer disbursements from the Other Post Employment Prefunding Plan and to certify as to the purpose for which the disbursed funds will be used.

By
Title
Witness
Date
Attachment 2 - Exhibit A to the Resolution
40 STAFF REPORT

CITY COUNCIL

Agenda Item 5.4
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Renewal of the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software
Prepared by: Steve Windsor, CISO
EXECUTIVE SUMMARY:

The City Council will consider the license subscription to Oomnitza, Inc. for information technology asset management software, and authorize the City Manager to execute the annual renewals.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software and Authorizing the City Manager to Execute Annual Renewals.

FINANCIAL IMPACT:

Funding for computer-related software and services is included in the Information Systems Operational Budget. Sufficient funding for this licensing cost will be included in the Fiscal Year 2024-25 Budget and in future budget cycles.

DESCRIPTION:

For the past year, the City has used the Oomnitza, Inc. suite of asset management products to maintain an accurate accounting of the City’s information technology (IT) assets. This software has allowed Staff to receive, document, deploy, and report on the location and ownership of its technology hardware. During this time, the Oomnitza product has been well regarded by IT Staff.

In Fiscal Year 2023-24 the cost of the subscription to this software was under the City Manager’s purchasing threshold outlined in the Municipal Code and therefore did not require City Council approval. Staff desires to continue to use the Oomnitza software and is therefore requesting City Council approval to execute the annual licensing agreement on an annual basis. The proposed 41

license fee for Fiscal Year 2024-25 is $46,500, an increase of $2,000 (4.5%) over the current year fee. Staff anticipates future increases to be similar.

Section 2.36.050(A) and (B) of the Dublin Municipal Code allow for exceptions to the typical public bidding process when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications. Software licensing falls into this category.

The original license subscription to the Oomnitza, Inc. IT Asset Management Software, expiring June 30, 2024, is included as Attachment 3. Approval of the Resolution (Attachment 1) will authorize the City Manager to renew the subscription in excess of $45,000 on an annual basis as long as the City utilizes the software and has included the appropriate funding in the annual budget.

STRATEGIC PLAN INITIATIVE:

Objective A: Reduce/eliminate the need for paper transactions where feasible.

Objective B: Provide on-going condition assessments of aging city facilities and assets.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the License Subscription to Oomnitza, Inc. for Information Technology Asset Management Software and Authorizing the City Manager to Execute Annual Renewals 2) Exhibit A to the Resolution - License Subscription to Oomnitza, Inc. IT Asset Management Software Agreement Renewal
3) License Subscription to Oomnitza, Inc. IT Asset Management Software Agreement 42 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING THE LICENSE SUBSCRIPTION WITH OOMNITZA, INC. FOR INFORMATION

TECHNOLOGY ASSET MANAGEMENT SOFTWARE AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ANNUAL RENEWALS
WHEREAS, the City currently subscribes to Oomnitza, Inc.’s suite of information technology asset management software to deploy and track the citywide hardware; and WHEREAS, the current license subscription to Oomnitza, Inc. software expires June 30, 2024; and
WHEREAS, Staff desires to continue to utilize the Oomitza software on an ongoing basis, requiring annual renewal of the license subscription; and the proposed license subscription fee is in excess of the City Manager’s authority; and
WHEREAS, Sections 2.36.050(A) and (B) of the Dublin Municipal Code allow for exceptions to the typical public bidding process when a purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, provided that the City Council shall award purchases in excess of $45,000.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the renewal of the license subscription to Oomnitza, Inc., attached hereto as Exhibit A.

BE IT FURTHER RESOLVED that the City Manager is authorized to execute annual license subscription renewals for this product, subject to budget availability, and is further authorized to make any changes to the license agreement to carry out the intent of this resolution.

PASSED, APPROVED AND ADOPTED this 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
43 Order Form
Contacts
Customer:

City of Dublin
Steve Windsor
Email: [email protected]
Oomnitza Inc.
548 Market St
Suite 18912
San Francisco, California 94104-5401
Amanda Groppetti
Email: [email protected]
Services:

License subscription to Oomnitza suite of products included below.

Fees:

Platform/Connector Subscription
Subscription Sale Price
- Platform Fee (Production Environment, Dev
Environment, Workflow Capabilities, Support
and Dedicated CSM)
- Assets Module – Up to 2,000 Assets
- Accessories Module
- Software Module - Up to 100 Employees
- Integration Bundle - Up to 5 Integrations
$10,000
$20,000
$5,000
$1,500
$10,000
Total Annual Subscription $46,500
Term: Term of one (1) year (subject to renewal as set forth in the Agreement).

Agreement
This agreement (“Agreement”) is entered into as of June 30, 2024 (the “Effective Date”) between Oomnitza Inc. (“Oomnitza”), and the customer listed above (“Customer”). This Agreement includes and incorporates (i) the above Order Form, and (ii) Oomnitza’s Enterprise terms entered on June 30, 2023, which have been previously provided and agreed to by Customer in connection with a previous order form; and all of which are in each case hereby incorporated by reference.

There shall be no force or effect to any different terms of any related purchase order or similar form after the date hereof unless the related purchase order or similar form is signed by an authorized officer of Oomnitza and the related purchase order or similar form specifically mentions the provision of this Agreement to be superseded.

Oomnitza Inc.: Customer:

By: By:

Name: Name:

Title: Title:





 

















Attachment 2
44 Order Form
Contacts
City of Dublin, California
Contact: Steve
Windsor Email:

Billing Email:
[email protected]
Oomnitza Inc.
548 Market St,
Suite 18912
San Francisco, CA 94104
Contact Name: Lorin
Email: lorin.bartlett@oomnitza. com
Quote Created: 3/22/23 Quote Expires: 6/30/23
Services:

License subscription to Oomnitza suite of products included below.

Product Quantity List Price Sales Price
Software Module ( # of
users)
300 $ 4,500 $ 4,500
Integration Bundle
1 $ 15,000 $ 10,000
Endpoints Module 2000 $ 24,000 $ 22,000
Accessories Module (# of
Accessories) 5000 $ 5,000 $ 5,000
Platform Fee - (Production
Environment, Sandbox
Environment, Configuration
Migration, CSM, Advanced
Reporting)
1 $ 15,000 $ 15,000
Implementation
1 $ 15,000 $ 10,000
Grand Total $ 44,500
DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B Attachment 3 45 Term: 1-year
PO Required? Yes
PO Number: 237374
The Advanced Reporting Module is a third-party product provided under license from EazyBI SIA (“EazyBI”). Customer’ s signature of the Agreement constitutes Customer’ s consent to Oomnitza’ s authorization of EazyBI as a sub-processor under applicable data protection laws and data protection addendum or agreement between Customer and Oomnitza.

Agreement
This agreement (“ Agreement”) is entered into as of ( the “Effective Date”) between Oomnitza Inc. (“ Oomnitza”), and the customer listed above (“ Customer”). This Agreement includes and incorporates ( i) the above Order Form, and ( ii) Oomnitza’ s standard Enterprise Terms, which are attached hereto. This Agreement contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of any related purchase order or similar form after the date hereof unless the related purchase order or similar form is signed by an authorized officer of Oomnitza, and the related purchase order or similar form specifically mentions the provision of this Agreement to be superseded.

Oomnitza:

By:

Name:

Title:

Date Signed:

Customer:

By:

Name:

Title:

Date Signed:

Enterprise Terms
PLEASE READ THESE ENTERPRISE TERMS (“ TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY OOMNITZA INC. (“OOMNITZA”). BY MUTUALLY EXECUTING ONE

OR MORE ORDER FORMS WITH OOMNITZA WHICH REFERENCE THESE TERMS ( EACH, AN “ ORDER FORM”), YOU ( City of Dublin) AGREE TO BE BOUND BY THESE TERMS TOGETHER WITH ALL ORDER FORMS, THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

Quote Total Price: $44,500
DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B Patrick Zanoni
7/ 17/ 2023
CFO
7/ 17/ 2023
City Manager
Linda Smith
46 1. Order Forms; Access to the Service
Upon mutual execution, each Order Form shall be incorporated into and form a part of the Agreement. Subject to Customer’ s compliance with the terms and conditions of this Agreement including any limitations and restrictions set forth on the applicable Order Form) Oomnitza grants Customer a non-exclusive, non-transferable ( except in compliance with permitted assignments under Section 16) right to access and use the services specified in each Order Form ( collectively, the “Service,” or “Services”) during the applicable Order Form Term ( as defined below) for the internal business purposes of Customer, only as provided herein and only in accordance with Oomnitza’ s applicable official user documentation ( the “ Documentation”). Customer is responsible for the use of the Service by any person to whom Customer has given access to the Service, even if Customer did not authorize such use.

2. Implementation
Upon payment of any applicable fees set forth in each Order Form, Oomnitza agrees to use reasonable commercial efforts to provide standard implementation assistance for the Service only if and to the extent such assistance is set forth on such Order Form ( such assistance, Implementation Assistance”). If Oomnitza provides Implementation Assistance in excess of any agreed-upon hours estimate, or if Oomnitza otherwise provides additional services beyond those agreed in an Order Form, Customer will pay Oomnitza at its then-current hourly rates for consultation.

3. Support; Service Levels
Subject to the terms and conditions of this Agreement, Oomnitza will provide support and uptime for the Service in accordance with Oomnitza’ s standard Support and Availability Policy, attached hereto as Exhibit A.

4. Service Updates
From time to time, Oomnitza may provide upgrades, patches, enhancements, or fixes for the Services without additional charge (“ Updates”), and such Updates will become part of the Services and subject to this Agreement; provided that Oomnitza shall have no obligation under this Agreement or otherwise to provide any such Updates.

5. Ownership; Feedback
As between the parties, Oomnitza retains all right, title, and interest in and to the Services, all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by Oomnitza for the purposes of this Agreement, including any copies and derivative works of the foregoing, and the Aggregated and/or De-Identified Data. Any software which is distributed or otherwise provided to Customer hereunder ( including without limitation any software identified on an Order Form) shall be deemed a part of the Services and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly set forth in this Agreement. Customer may from time to time provide suggestions, comments or other feedback to Oomnitza with respect to the Service (“ Feedback”).

Feedback, even if designated as confidential by Customer, shall not create any confidentiality obligation for Oomnitza notwithstanding anything else. Customer shall, and hereby does, grant to Oomnitza a nonexclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 47 royalty- free, fully paid up license to use and exploit the Feedback for any purpose. Nothing in this Agreement will impair Oomnitza’ s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with any products, software or technologies that Customer may develop, produce, market, or distribute.

6. Fees; Payment
Customer shall pay Oomnitza fees for the Service as set forth in each Order Form (“ Fees”).

Unless otherwise specified in an Order Form, all Fees shall be invoiced annually in advance and all invoices issued under this Agreement are payable in U.S. dollars within thirty ( 30) days from date of invoice. Past due invoices are subject to interest on any outstanding balance of the lesser of 1.5% per month or the maximum amount permitted by law. Customer will reimburse Oomnitza for all reasonable costs and expenses incurred ( including reasonable attorneys’ fees) in collecting any late payments or interest. Customer shall be responsible for all taxes associated with Service excluding taxes based on Oomnitza’ s net income). All Fees under each Order Form will be subject to an annual increase of 5% over the rates applicable during the prior year, except to the extent otherwise expressly set forth in such Order Form. All Fees paid are non-refundable and are not subject to set-off.

7. Restrictions
Except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: ( i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service ( except to the extent applicable laws specifically prohibit such restriction); ( ii) modify, translate, or create derivative works based on the Service; (iii) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service; (iv) use the Service for the benefit of a third party; (v) remove or otherwise alter any proprietary notices or labels from the Service or any portion thereof; ( vi) use the Service to build an application or product that is competitive with any Oomnitza product or service; ( vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (viii) bypass any measures Oomnitza may use to prevent or restrict access to the Service ( or other accounts, computer systems or networks connected to the Service). Customer is responsible for all of Customer’ s activity in connection with the Service, including but not limited to uploading Customer Data ( as defined below) onto the Service. Customer ( i) shall use the Service in compliance with all applicable local, state, national and foreign laws, treaties and regulations in connection with Customer’ s use of the Service ( including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws), and (ii) shall not use the Service in a manner that violates any third party intellectual property, contractual or other proprietary rights.

8. Customer Data
For purposes of this Agreement, “ Customer Data” shall mean any data, information or other material provided, uploaded, or submitted by Customer to the Service in the course of using the Service or to Oomnitza in connection with Customer’ s use of the Services. For clarity, Customer Data shall include Personal Data ( as defined below), if any, provided by Customer to Oomnitza hereunder, but exclude Aggregated and/or De-Identified Data (as defined below). Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 48 rights therein. Customer, not Oomnitza, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data. Customer agrees and acknowledges that Customer Data may be irretrievably deleted if Customer’ s account is ninety ( 90) days or more delinquent. Customer hereby grants Oomnitza a non-exclusive, worldwide, royalty- free right and license to use, host, reproduce, display, perform, modify and make derivative works of the Customer Data solely for the purposes of providing the Service to Customer. Notwithstanding the foregoing, Customer acknowledges and agrees that Oomnitza may generate and/or collect Aggregated and/or De-Identified Data in connection with providing the Services to Customer. Customer hereby grants Oomnitza a nonexclusive, worldwide, royalty- free, perpetual, irrevocable license to incorporate Customer Data in Aggregated and/or De-Identified Data (as defined below) for any lawful purpose (including without limitation, for purposes of improving, testing, operating, promoting and marketing Oomnitza’ s products and services). “ Aggregated and/or De-Identified Data” means any data collected, derived, or generated by Oomnitza in connection with Customer’ s use of the Service that has been aggregated or de-identified such that it cannot reasonably be used to identify Customer or any individual to whom Personal Data relates.

9. Third Party Products
The Service may provide Customer with access to, be integrated with, or contain links or references to, products, services, data, integrations, information, sites, APIs, components or other materials which are provided or operated by third parties, including Oomnitza’ s third party suppliers, partners and licensors ( collectively, “ Third Party Products”). Customer’ s use of the Third Party Products shall be subject to (and Customer agrees it is bound by) the third party terms and conditions set forth at https://oomnitza. com/thirdpartyterms ( the “Third Party Terms Site”), as they may be modified from time to time by Oomnitza and/or its third party licensors, partners and vendors by posting new terms at the Third Party Terms Site ( collectively, the “ Third Party Terms”). The Third Party Terms are hereby incorporated into this Agreement by this reference.

Customer is responsible for checking the Third Party Terms Site for updates, and any use by Customer of the Service following a change to the Third Party Terms shall constitute acceptance of such change. Customer shall comply with all Third Party Terms, and shall indemnify and hold Oomnitza harmless from all damages, costs, settlements, attorneys’ fees and expenses arising from or related to Customer’ s breach of any Third Party Terms.

10. Confidentiality; Personal Data; Data Security
From time to time during the Term of this Agreement, either party ( as the "Disclosing Party") may disclose or make available to the other party ( as the "Receiving Party") information about its business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information and other sensitive or proprietary information, whether orally or in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as " confidential" ( collectively, " Confidential Information"). Customer Data is deemed Confidential Information of Customer. Confidential Information shall not include information that, at the time of disclosure: ( i) is or becomes generally available to and known by the public other than as a result of, directly or indirectly, any breach of this Section 10 by the Receiving Party or any of its Representatives; ( ii) is or becomes available to the Receiving Party on a non-confidential basis from a third-party source, provided that such third party is not and was not prohibited from disclosing such Confidential Information; ( iii) was rightfully known by or in the possession of the Receiving Party before being disclosed by or on behalf of the Disclosing Party; ( iv) was or is DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 49 independently developed by the Receiving Party without reference to or use, in whole or in part, of any of the Disclosing Party's Confidential Information; or (v) is required to be disclosed under applicable federal, state or local law, regulation or a valid order issued by a court or governmental agency of competent jurisdiction.

The Receiving Party shall: ( A) protect and safeguard the confidentiality of the Disclosing Party' s Confidential Information with at least the same degree of care as the Receiving Party would protect its own Confidential Information, but in no event with less than a commercially reasonable degree of care; ( B) not use the Disclosing Party's Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (C) not disclose any such Confidential Information to any person or entity, except to the Receiving Party' s directors, officers, employees, contractors, contractors, or agents collectively, “ Representatives”) who need to know the Confidential Information to assist the Receiving Party, or act on its behalf, to exercise its rights or perform its obligations under the Agreement, provided that such Representatives are bound by written agreements with use and nondisclosure restrictions at least as protective as those set forth in this Section 10. The Receiving Party shall be responsible for any breach of this Section 10 caused by any of its Representatives.

At any time during or after the term of this Agreement, at the Disclosing Party's written request, the Receiving Party shall promptly return, and shall require its Representatives to return to the Disclosing Party all copies, whether in written, electronic or other form or media, of the Disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the Disclosing Party that such Confidential Information has been destroyed. In addition to all other remedies available at law, the Disclosing Party may seek equitable relief (including injunctive relief) against the Receiving Party to prevent the breach or threatened breach of this Section 10 and to secure its enforcement.

Personal Data" means Customer Data that is “personal data” or “personal information” under applicable data protection laws.. Customer acknowledges and agrees that Customer, not Oomnitza, controls the provision of Personal Data supplied to Oomnitza under this Agreement, and Customer may elect to not supply any Personal Data to Oomnitza hereunder.

Oomnitza will use commercially reasonable efforts to implement and maintain reasonable technical, administrative and physical security measures designed to protect Customer Data that a) consistent with industry standards taking into consideration the sensitivity of the relevant Customer Data, and the nature and scope of the Service to be provided, and ( b) comply with all applicable international, foreign, federal, and state laws, statutes, rules, orders and regulations.

Without limiting the generality of the foregoing, Oomnitza will periodically test its systems for potential areas where security could be breached. Oomnitza will notify Customer without undue delay upon becoming aware of any unauthorized access, use or disclosure of Customer Data Security Incident”). Oomnitza will use reasonable efforts to remedy the risk of any further Security Incident in a timely manner and deliver to Customer a root cause assessment and future incident mitigation plan with regard to the Security Incident.

11. Term; Termination
This Agreement shall commence upon the effective date set forth in the first Order Form, and, unless earlier terminated in accordance herewith, shall last until the expiration of all Order Forms the “Term”). For each Order Form, the “Order Form Term” shall begin as of the effective date set forth on such Order Form, and unless earlier terminated as set forth herein, ( x) shall continue DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 50 for the initial term specified on the Order Form ( the “Initial Order Form Term”), and ( y) following the Initial Order Form Term, shall automatically renew for additional successive periods of one year each ( each, a “Renewal Order Form Term”) unless either party notifies the other party of such party’s intention not to renew no later than thirty (30) days prior to the expiration of the Initial Order Form Term or then-current Renewal Order Form Term, as applicable.

In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty ( 30) days of receipt of such notice. Without limiting the foregoing, Oomnitza may suspend or limit Customer’ s access to or use of the Service if (i) Customer’ s account is more than sixty (60) days past due, or (ii) Customer’ s use of the Service results in (or is reasonably likely to result in) damage to or material degradation of the Service which interferes with Oomnitza’ s ability to provide access to the Service to other customers; provided that in the case of subsection ( ii): (a) Oomnitza shall use reasonable good faith efforts to work with Customer to resolve or mitigate the damage or degradation in order to resolve the issue without resorting to suspension or limitation; ( b) prior to any such suspension or limitation, Oomnitza shall use commercially reasonable efforts to provide notice to Customer describing the nature of the damage or degradation; and (c) Oomnitza shall reinstate Customer’ s use of or access to the Service, as applicable, if Customer remediates the issue within thirty (30) days of receipt of such notice.

Upon expiration or termination of this Agreement: ( i) the rights granted pursuant to Section 1 will terminate; ( ii) Customer will return to Oomnitza its Confidential Information in its possession or will destroy such items and, upon Oomnitza’ s request, certify their destruction; ( iii) Oomnitza will deliver to Customer a copy of the Customer Data within sixty ( 60) days of the date of expiration or termination, and ( iv) after return to Customer, Oomnitza will delete all Customer Data in its possession or control. Oomnitza will have the right to retain, and nothing in this Agreement will be deemed to require Oomnitza to destroy, any Aggregated Anonymous Data in Oomnitza possession or control following the expiration or termination of this Agreement. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, accrued payment obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Indemnification
Each party (“Indemnitor”) shall defend, indemnify, and hold harmless the other party , and their respective affiliates, employees, contractors, directors, suppliers and representatives ( collectively, the “Indemnitees”) from and against any claims, losses, damages, or expenses paid or payable to an unaffiliated third party ( including reasonable attorneys’ fees) (“ Losses”) incurred by Indemnitees to the extent resulting from any liabilities, claims, lawsuits, and proceedings Claims”) brought by a third party against Indemnitees that arise from or relate to (i) Indemnitor’ s gross negligence or intentional misconduct, ( ii) Indemnitor’ s violation of law, and ( iii) any act or omission of the Indemnitor or any Indemnitor personnel that results in personal injury ( or death) or tangible or intangible property damage ( including loss of use).

Customer shall defend, indemnify, and hold harmless Oomnitza and its affiliates, their respective employees, contractors, directors, suppliers and representatives from and against any Losses incurred by Oomnitza to the extent resulting from any third- party Claims against Oomnitza that arise from or relate to ( i) the Customer Data, including without limitation any claim that the DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 51 Customer Data infringes, misappropriates or otherwise violates any third party’ s proprietary, privacy, or other rights, and ( ii) use of the Services by Customer in a manner that is not in accordance with this Agreement.

Oomnitza shall defend, indemnify, and hold harmless Customer and its affiliates, their respective employees, contractors, directors, suppliers and representatives from and against any Losses incurred by Customer to the extent resulting from any third-party Claims against Customer ( i) that Customer’ s use of the Services in accordance with this Agreement infringes, violates, or misappropriates any third party intellectual property or proprietary right, and (ii) arising from a data breach attributable to the acts or omissions of Oomnitza, provided that Oomnitza shall have no such indemnification obligations for data breaches not attributable to Oomntiza.

Each Indemnitor’ s indemnification obligations hereunder shall be conditioned upon the Indemnitee providing the Indemnitor with: ( i) prompt written notice of any claim ( provided that a failure to provide such notice shall only relieve the Indemnitor of its indemnity obligations if the Indemnitor is materially prejudiced by such failure); ( ii) the option to assume sole control over the defense and settlement of any claim, provided that (A) the Indemnitee may participate in such defense and settlement at its own expense, and ( B) that the Indemnitor may not settle any claim without the Indemnitee’ s prior written approval unless the settlement is for a monetary amount, unconditionally releases the Indemnitee from all liability without prejudice, does not require any admission by the Indemnitee, and does not place restrictions upon the Indemnitee’ s business, products or services; and ( iii) reasonable information and assistance in connection with such defense and settlement ( at the Indemnitor’ s expense). The foregoing obligations of Oomnitza do not apply with respect to the Service or any information, technology, materials or data ( or any portions or components of the foregoing) to the extent ( i) not created or provided by Oomnitza including without limitation any Customer Data), ( ii) made in whole or in part in accordance to Customer specifications, ( iii) modified after delivery by Oomnitza, ( iv) combined with other products, processes or materials not provided by Oomnitza ( where the alleged Losses arise from or relate to such combination), ( v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) Customer’ s use of the Service is not strictly in accordance herewith.

13. Representations and Warranties
Each Party hereby represents and warrants to the other Party that: (i) it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into this Agreement and ( ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of such Party and have been duly authorized by all necessary corporate action on the part of such Party, and constitute a valid and binding agreement of such Party.

Customer hereby represents and warrants to Oomnitza that (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Data as contemplated by this Agreement and (ii) Oomnitza’ s use of the Customer Data in accordance with this Agreement will not violate any applicable laws or regulations or cause a breach of any agreement or obligations between Customer and any third party.

DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 52 14. Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE AND IMPLEMENTATION ASSISTANCE IS PROVIDED “ AS IS” AND “ AS AVAILABLE” AND ARE WITHOUT WARRANTY

OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED

WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF

PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, OOMNITZA HEREBY

DISCLAIMS ANY WARRANTY THAT USE OF THE SERVICES WILL BE ERROR- FREE, BUGFREE OR UNINTERRUPTED.

15. Limitation of Liability
EXCEPT FOR ( i) THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER, ( ii) EITHER PARTY’ S BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, ( iii) BREACH OF OOMNITZA’ S DATA SECURITY OBLIGATIONS HEREUNDER, iv) BREACH OF CUSTOMER’ S PAYMENT OBLIGATIONS, OR ( v) FRAUD OR WILFUL

MISCONDUCT BY EITHER PARTY, IN NO EVENT SHALL EITHER PARTY, NOR ITS

DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS,

BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER

LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS

AGREEMENT ( A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR

CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR

SERVICES ( HOWEVER ARISING), OR (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR

THE LIKE ( REGARDLESS OF THE SOURCE OF ORIGINATION)
EXCEPT FOR ( i) THE PARTIES’ RESPECTIVE INDEMNIFICATION OBLIGATIONS HEREUNDER OR ( ii) EITHER PARTY’ S BREACH OF CONFIDENTIALITY OBLIGATIONS HEREUNDER, IN NO EVENT WILL EITHER PARTY’ S TOTAL LIABILITY TO THE OTHER

PARTY IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OF THE SERVICES

OR IMPLEMENTATION ASSISTANCE EXCEED THE FEES PAID ( OR PAYABLE) BY CUSTOMER TO OOMNITZA HEREUNDER IN THE TWELVE ( 12) MONTHS PRIOR TO THE

EVENT GIVING RISE TO A CLAIM HEREUNDER, REGARDLESS OF THE LEGAL OR

EQUITABLE THEORY ON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT OOMNITZA WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

16. Miscellaneous
This Agreement represents the entire agreement between Customer and Oomnitza with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals ( whether oral, written or electronic) between Customer and Oomnitza with respect thereto. The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 53 day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices must be sent to the contacts for each party set forth on the Order Form. Either party may update its address set forth above by giving notice in accordance with this section. Except as otherwise provided herein, this Agreement may be amended only by a writing executed by both parties.

Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’ s reasonable control, including, without limitation, the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes lock-outs or labor disruptions; pandemic; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts. Neither party may assign any of its rights or obligations hereunder without the other party’s consent; provided that ( i) either party may assign all of its rights and obligations hereunder without such consent to a successor- in-interest in connection with a sale of substantially all of such party’ s business relating to this Agreement, and (ii) Oomnitza may utilize subcontractors in the performance of its obligations hereunder, provided that Oomnitza shall be and remain responsible to Customer for the acts and omissions of Oomnitza’ s subcontractors in connection with the performance or provision of any of the Services. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Customer agrees to allow Oomnitza to use Customer’ s name and logo on Oomnitza’ s website and other marketing materials to identify Customer as an Oomnitza customer. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of either party to act with respect to a breach of this Agreement by the other party shall not constitute a waiver and shall not limit such party’ s rights with respect to such breach or any subsequent breaches.

DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 54 EXHIBIT A
Oomnitza Support and Availability Policy
This Support, Security and Availability Policy (the “Policy”) sets forth the policies and procedures with respect to services ( the “ Service”) provided by Oomnitza to a customer (“ Customer”) pursuant to a separate Order Form and Enterprise Terms between Oomnitza and Customer ( the Agreement”).

Summary:

As further described below, Oomnitza will use commercially reasonable efforts to: ( i) provide Customer with [ 99.9%] availability to the Service ( the “ Service Availability”); and ( ii) provide standard support to Customer.

Availability:

If the Service becomes substantially unavailable to Customer due to defects with the Service, Oomnitza will respond to Customer ( i) within eight ( 8) hours from Customer’ s notification to Oomnitza of such unavailability, if during normal business hours ( Monday-Friday, 8:00am – 6:00pm Pacific), or (ii) within eight ( 8) hours of the start of the next business day, if outside of normal business hours. Service Availability measurement will exclude reasonable scheduled downtime for system maintenance as well as any downtime or performance issues resulting from third party connections, services or utilities or other reason beyond Oomnitza’ s control ( including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems ( other than those involving Oomnitza employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Oomnitza’ s possession or reasonable control, and denial of service attacks).

Failure to meet Service Availability:

If for any single calendar month the Services fail to meet the Service Availability, Oomnitza, at Oomnitza’ s sole discretion, may provide Customer one month’s service credit for the month the Service Availability was not met. Customer acknowledges and agrees that service credits shall constitute Customer’ s sole and exclusive remedy for any failure by Oomnitza to maintain its Service Availability or breach by Oomnitza of its obligations under this Support and Availability Policy. In no event shall the total service credits owed by Company to Customer exceed the total Fees paid by Customer under this Agreement.

DocuSign Envelope ID: 835B4BB8- FFA5-497C- 9EDF- 5AEE0A35274B 55 STAFF REPORT

CITY COUNCIL

Agenda Item 5.5
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Two-Year Strategic Plan Quarterly Update
Prepared by: Jordan Foss, Management Analyst II
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, 2022. 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.

On September 19, 2023, the City Council received the Year 1 Strategic Plan update, covering the period of July 1, 2022 through June 30, 2023. Key highlights for each strategy were provided, as well as examples of how the City will continue to meet objectives during the Year 2 period.

This report represents the seventh of eight quarterly Strategic Plan updates, covering the period of January 1, 2024, through March 31, 2024. Updates for the strategies and objectives are provided in Attachment 1 and includes detailed updates on the Year 1 accomplishments.

STRATEGIC PLAN INITIATIVE:

None.
56

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Strategic Plan Quarterly Update
57 Attachment 1

CITY OF DUBLIN
2023-24 Q3 STRATEGIC PLAN UPDATE
January 1, 2024 – March 31, 2024
Strategy 1 Downtown Dublin and Economic Development
Objective A Continue support of the Downtown Preferred Vision and Downtown Dublin Specific Plan including improving visual and environmental quality and evaluating specific business uses.

Prior Update: Significant progress has been made with the property owners of the Dublin Place shopping center to implement the Downtown Preferred Vision (DPV). The property owner continues to work with Community Development, Public Works, and Economic Development staff on the refinements to their master plan. Staff is preparing draft amendments to the Downtown Dublin Specific Plan (DDSP) to implement the DPV. The amendments are subject to review under the California Environmental Quality Act (CEQA), and that analysis is underway. The proposed amendments and CEQA analysis are anticipated to be considered by the Planning Commission in September and the City Council in October. Planning Staff is also preparing amendments to the DDSP to implement relaxed parking standards throughout the Downtown area. The proposed amendments would be consistent with the pilot program implemented in the Village Parkway District and consistent with the requirements of AB 2097, which went into effect in January 2023.

The Planning Commission approved the BASIS Independent School application to renovate the façade of the existing Corrie Center office building and construct a gymnasium where they will operate a private school for middle and high school students.

Staff and Avalon Bay are working on a large-scale public art piece that will parallel the north side of the St.

Patrick Way extension between Golden Gate Drive and Regional Street. The nearly 400-foot-long art piece 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.

Staff began developing the scope of work and design feasibility for the Golden Gate Drive Intersection Improvements at Dublin Boulevard and St. Patrick Way (CIP ST0423).

The Planning Commission approved the Citywide Outdoor Seating Design Guidelines to help facilitate the design of permanent outdoor seating within parking lots for eating and drinking establishments, which was approved by the City Council on September 19, 2023.
58 Attachment 1

The Planning Commission recommended the General Plan and Downtown Dublin Specific Plan Amendments consisting of the following:
• Adding Research and Development as a new land use
• Increasing the residential allocation by 465 units
• Decreasing the non-residential allocation by 300,000 square feet • Increasing the height and floor area ratio in “The Core” area of the Retail District • Changes to setbacks
The Avalon Bay large-scale public art piece that parallels the north side of the St. Patrick Way extension between Golden Gate Drive and Regional Street was completed.

On November 6, 2023, the City Council received a presentation from City Staff and the City’s consultant Urban Field Studio, and the City’s Public-Private Partner, American Realty Advisors (ARA), ARA’s Development Manager Hines, and ARA’s Master Planning Architect Gensler on the proposed implementation of the Downtown Preferred Vision.

On December 19, 2023, the City Council adopted Resolution No. 134-23 amending the General Plan and the Downtown Dublin Specific Plan to further implement the Downtown Dublin Preferred Vision. The amendments consisted of the following:
• Adding Research and Development as a new land use.
• Increasing the residential allocation by 465 units.
• Decreasing the non-residential allocation by 300,000 square feet. • Increasing the height and floor area ratio in “The Core” area of the Retail District.

Quarterly
Update:

City staff has been working with ARA and Hines on both phases of the Dublin Commons project. The North Project was submitted in Q2 of 2023 and is scheduled for hearing by the Planning Commission this summer. The South Project preapplication was submitted on March 18, and Staff is in the process of reviewing the submittal and preparing comments as well as reviewing the Local Transportation Analysis for the project. Staff is also working on the deal terms as part of the Development Agreement which will come before the City Council next quarter.
59 Attachment 1

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 DDSP area for mixed-use opportunities.

Staff continued to work closely with American Realty Advisors (owners of the Dublin Place Shopping Center) and their development team on the Master Site Plan that builds upon the City’s Downtown Preferred Vision. Staff is also working with American Realty Advisors on their Planning Application for the North Project which will help relocate existing tenants on the site so redevelopment of the south project can occur.

Quarterly
Update:

Please see Quarterly Update under Objective A.

Objective C Grant conditional tax and/or development fee relief for new developments in the Downtown.

Prior Update: Staff has begun developing the framework for a program that would provide the opportunity for sharing property tax revenues as well as impact fee waivers and/or reductions to support the new Downtown Preferred Vision project.

Staff is finalizing the framework for a Property Tax Sharing program that will be presented to the Economic Development Committee at a future meeting.

Staff continues working on deal terms for the Development Agreement between the City and ARA for the redevelopment of the Downtown. Property tax sharing along with other tax and/or development fee relief will be factored into the deal terms.

Quarterly
Update:

No 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. Staff also developed new marketing material to showcase Dublin as a business-friendly destination for food and beverage establishments. Additionally, Staff proactively engaged potential businesses and extended support through the Business Concierge Program for those seeking assistance. 60 Attachment 1

For business attraction, Staff has been reaching out to retailers and food and beverage tenants regarding secondgeneration restaurant spaces available. Several new tenants signed leases and submitted plans for their tenant improvements, including but not limited to Anjappar, Cloves, Pizza My Heart, Angus the Butcher Shop, Five Below, and VinFast. Staff has been working with a number of new prospective tenants with recent 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.

Staff launched the Dublin Marketplace Loyalty Rewards Program to help support Dublin small businesses, relaunched the Business Visitation Program after a hiatus due to the pandemic, launched the Dublin Business Corner (a free library of on-demand training courses designed to empower and educate small business owners), and launched the Small Business Navigator Program to offer technical assistance to small businesses in strategic business areas such as marketing, architecture, graphic design, business planning, and more. Additionally, Staff continued to host business roundtables for different industry sectors and conducted four business webinars.

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.

The City Council supported changes to the Massage Establishment Ordinance and held the first Small Business Night at the Farmers’ Market with more than 20 small businesses participating. The City partnered with Patelco Credit Union HQ, Rezolve.ai, and Startup Tri-Valley to sponsor the inaugural Generative Artificial Intelligence Summit in the Tri-Valley. Moreover, the City celebrated a number of ribbon cuttings such as Learn and Play Montessori School, Satvik Eggless Bakery, TeaZenTea, and Tivoli Plaza retail center.

A Commercial Façade Improvement Grant was approved with Village Parkway Investments which will provide exterior upgrades to the building that houses Prima Vini.

Staff developed the second annual Holiday Gift Guide in support of small businesses, which will be distributed next quarter. The Dublin Marketplace brought on six new businesses to the platform which are as follows: Box World, TeaZenTea, Blueprint Shop, Freshmeatz, Kwality Ice Cream, and Café Tazza. The City continued its efforts with the Business Spotlight program, highlighting Dogtopia and Pho 99, as well as the Business Visitation program with a visit to Rezolve.ai. Staff also helped facilitate seven more requests for assistance through the Small Business Navigator Program.
61 Attachment 1

The City distributed the Dublin Business Brief, which offers resources for local businesses alongside the second Holiday Gift Guide, reaching more than 34,000 households and featuring more than 35 local businesses. The Holiday Gift Guide was distributed earlier in November to prep for Black Friday.

The Small Business Navigator Program saw continued facilitation of marketing requests and closure of several open projects. The Dublin Marketplace reached a milestone by reaching more than 900 members who have collectively earned over $8,200 in rewards, and the business concierge program received more than 15 inquiries.

On October 6, 2023, the City sponsored Dublin-based businesses at the Tri-Valley Career Center Job Fair to support small businesses with their staffing needs. Staff also engaged with local business owners by conducting a focus group to gather insights for the Economic Development Strategy and worked on a business-community survey to collect additional input.

Staff from Economic Development and Communications collaborated to highlight five local businesses in a Small Business Saturday series (Destination Baby & Kids, Dublin Cyclery, Mike’s Camera, Barons Jewelers, and The Wellnest Company) and promoted new and upcoming businesses such as Stanford Blood Center, Domino’s, AT&T, Gong Cha, Five Below, Hamni Bank, Safelite Auto Glass Repair, SEV Laser, PiKaso, Kailash Parbat, Anjappar Chettinad Cuisine, and Oh’s Nail Spa. Staff also highlighted the reopening of Peet’s and Ethan Allen.

Quarterly
Update:

To continue support and promotion of small businesses, Economic Development staff collaborated with the Communications Division to post two Small Business Spotlight videos on Satvik Eggless Bakery and Solar Bill Review, which were shared on the City’s social media channels and with the businesses to use as promotions. In addition, Staff promoted new and upcoming businesses including Parsons Xtreme Golf (PXG), Boba and More, Avant Anti-Aging Spa, Bag O Crab, Falafel Town, Shabu King, Zhangliang Malatang, Axellent, Nail Studio 101, Par 5 Golfing, Prime Fencing Academy, Soul Imagez Tattoo, Vets for Pets, Chip Cookies, Kane Hair Salon, Lux Gym, Nissan Car Wash, and Noland’s Bread Shop. Staff attended two grand opening events for Grocery Outlet and Cuppa Yo.

Staff assisted more than 30 businesses as part of our Business Concierge Program which included providing information on site inquiries and selections, building permits, business licenses, starting a business, and the City’s business support programs.
62 Attachment 1

Staff issued a second Small Business Navigator Program RFP to solicit additional professional service providers of technical assistance to small businesses at no cost to the businesses. There were five new requests for the program and 10 completed projects.

Staff participated in the Visit Tri-Valley strategic planning retreat to engage in collaboration on increasing business visits in Dublin as well as the Tri-Valley.

A Small Business Assistant Grant was approved for IBEW Local 595 to help with building upgrades required as part of the building renovation.

Analysis of the survey results for Economic Development Strategy update began which included feedback from the business community and residents. The analysis provides insight into the priorities and desires of the business community and community-at-large as it relates to the City’s Economic Development Strategy.

Additionally, Staff attended an International Council of Shopping Centers event to engage with retailers and promote Dublin as a good place for doing business, and distributed the Dublin Business Brief, which provided timely information and resources for local businesses.

A Business Visitation was conducted with Anchor Construction Management.

Objective E Continue the Fallon-East development strategy.

Prior 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 as well as negotiating deal terms for the corresponding Development Agreements.

Progress has been made on the Dublin Boulevard Extension Project, which will connect Dublin Boulevard to North Canyons Parkway in Livermore. Drawings have reached the 65% level, a funding plan has been developed and approved by the City Council, and the first developer agreement with BEX Development (Branaugh) has been executed.

The Dublin Boulevard Extension project right-of-way certification phase is in progress. The City’s consultant, RES Environmental Operating Company, is completing baseline studies for wetland, riparian, and stream mitigation. Staff is working with the City of Livermore staff on a memorandum of understanding for the right-of63 Attachment 1

way certification phase. In addition, the City Council approved a General Plan Amendment Initiation Request and the Development Agreement Deal Terms with GH PacVest for the Dublin Fallon 580 project.

RES completed the Phase 1 Environmental Site Assessment reports for four required mitigation properties and is working on securing conservation easements on the mitigation properties. A visit to the four properties was conducted with the California Department of Fish and Wildlife and the United States Fish and Wildlife Service.

Escrow closed on three mitigation properties in December 2023. Escrow on the final property is planned for April 2024.

Quarterly
Update:

Staff continues to meet with the Fallon East property owners, and more specifically with GH PacVest and Righetti Partners regarding their respective Development Agreements. It is anticipated that these agreements will come before the City Council in the next quarter. In addition, Staff is working with RES on the mitigation plan and creating a preserve that would allow the property owners to identify that permanent indirect mitigation south of the roadway for special status species has been satisfied as part of the City’s work for the construction of the Dublin Boulevard extension.

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 and Staff submitted it to the California Department of Housing and Community Development (HCD) for their 60-day review. HCD provided minor comments which Staff is actively working to address in order to achieve a certified Housing Element.

Staff revised the adopted 2023-2031 Housing Element to address comments received from HCD. The revised adopted Housing Element was resubmitted to HCD for review on August 21, 2023.

HCD provided revised comments on the Housing Element on October 20, 2023. Staff addressed those comments and resubmitted the Housing Element to HCD for review on November 21, 2023. HCD has 60 days to review and respond to the City’s resubmittal.

Quarterly
Update:

On January 18, 2024, HCD certified the 2023-2031 Housing Element.

Objective B Ensure the City’s inclusionary zoning regulations incentivize targeted housing production.

Prior Update: Staff prepared and issued a request for proposals from consultants to assist with preparing an inclusionary zoning feasibility study and Commercial Linkage Fee nexus study in concert with Objective 2.C. Proposals were 64 Attachment 1

received from five consultants and an agreement with EPS Consulting was approved by the City Council on April 18, 2023. The City Council held a study session in August 2023 to review the analysis and recommendations regarding the Inclusionary Zoning Regulations, Affordable Housing In-lieu Fee and a nexus study for the Commercial Linkage Fee.

On August 15, 2023, the City Council received an informational report on the Inclusionary Zoning and Affordable Housing In-Lieu Fee Feasibility Study and the Commercial Linkage Fee Nexus Study. The City Council provided initial feedback and direction regarding updates to these programs. On September 19, 2023, the City Council received an informational report and directed Staff to prepare the amendments to the Inclusionary Zoning Regulations. Staff is preparing the amendments, as well as preparing amendments to the Affordable Housing InLieu Fee and Commercial Linkage Fee programs.

Staff and the consultant finalized the Affordable Housing Feasibility Study and the Commercial Linkage Fee Nexus Study and prepared the amendments to the Inclusionary Zoning Regulations, Affordable Housing In-Lieu Fee Program and Non-Residential Development Affordable Housing Fee as directed by the City Council. The City Council is scheduled to consider these items on January 9, 2024 and requested additional information.

Quarterly
Update:

On January 9, the City Council held a public hearing to consider amendments to the Inclusionary Zoning Regulations and Affordable Housing In-Lieu Fee. At the conclusion of that public hearing, the City Council directed Staff to return at a future meeting with additional information and analysis regarding increasing the inclusionary zoning requirement to 15%; increasing the in-lieu fee; differentiating the affordable housing requirements for different ownership product types; the impact of interest rate fluctuations; and a projection of in-lieu fee revenue. On March 19, the City Council received a report with the requested information and directed Staff to revise the proposed amendments to the Inclusionary Zoning Regulations. Staff has completed the requested changes and is preparing to take the revised amendments to the Planning Commission for review and a recommendation to the City Council.
65 Attachment 1

Objective C Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing inlieu fee for for-sale and rental housing.

Prior Update: See above. Activity related to the commercial linkage fee and affordable housing in-lieu fee was completed in concert with Objective 2.B.

The report has been completed and the recommendations will be brought to the City Council in the third quarter.

Quarterly
Update:

Completed. See Objective 2B.

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 worked with the Amador Station development team on modifications to the project phasing and the terms of a pre-construction loan. 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 to assign the Transit Center Site D-1 to Eden Housing for an affordable housing development.

Staff worked with Eden Housing on an Affordable Housing Assistance Agreement, which was approved by the City Council on June 20, 2023. Staff continues to work with the developers of the Regional Street Senior Affordable Housing project and the Amador Station project to facilitate funding and development of both projects.

The Alameda County Surplus Property Authority continued to work with the City on the future development of an affordable housing project adjacent to the construction of the new parking garage at the East Dublin Transit Center. The future project can accommodate up to 99 units.

Staff continued to work with Trumark on the affordable housing at the Francis Ranch development. The City Council authorized an affordability plan for the Francis Ranch project off Croak Road and Central Parkway in Dublin, which will include 77 units of for-rent affordable housing, of which 22 units will be for Sunflower Hill to 66 Attachment 1

help meet the needs of the intellectual and developmentally disabled (IDD) community. Additionally, the project will have 50 low-income accessory dwelling units, along with 18 for-sale moderate-income housing units.

The City negotiated the dedication of land for the development of the SCS Property on the east side of Tassajara Road for an affordable housing project, currently anticipated to serve the IDD community. The project, which can accommodate up to 100 units, will be fully integrated with the rest of the project and is consistent with the City Council’s Preferred Plan for the property.

Staff continued to work with Landsea Homes to subdivide The DC Project to create a legal parcel for the affordable housing site. Staff is having ongoing discussion with Sunflower Hill and Eden Housing regarding the Francis Ranch project.

Quarterly
Update:

Staff continues to have discussions with LandSea and Sunflower Hill regarding the affordable housing project at The DC. Staff is also working with Eden Housing on financing the Senior Assisted Living project on Regional Street, including a $1 million preconstruction loan from the City.

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: Staff completed the analysis of middle market housing demand and prepared a report outlining the findings and recommendations. The report was provided to the City Council via memorandum in May 2023.

Quarterly
Update:

Completed.

Objective F Review ownership programs for first-time buyers and explore alternative options.

Prior Update: Staff has started reviewing the First Time Homebuyer Loan Program for amendments to make the program more effective.

Amendments are in progress and will be finalized and brought forward for City Council consideration pending the outcome of Objectives 2B and 2C.

Quarterly
Update:

No update.
67 Attachment 1

Strategy 3 Infrastructure Maintenance and Reinvestment
Objective A Use surplus and lump sum funding to increase the City’s internal service funds.

Prior Update: Both the FY 22-23 and FY 23-24 Budgets include a $2 million transfer to the Internal Service Fund (ISF) for facilities preventative maintenance.

Staff is currently working on a review of the ISF replacement funds. Any adjustments to the City’s ISF will be included as part of the FY 2024-26 two-year budget cycle.

Staff has reviewed the Internal Service Funds and will be working with the City Manager’s Office on recommendations, which will be addressed as part of the FY 2024-26 two-year budget cycle.

Quarterly
Update:

Staff presented the preliminary two-year budget to the City Council on April 16, which included a proposed $2 million annual contribution to the ISF equipment replacement fund. Additionally, Staff will continue to address infrastructure maintenance through the year-end reserve designations, which will be brought to the City Council in June.

Objective B Provide on-going condition assessments of aging city facilities and assets.

Prior Update: The City successfully recruited and hired a Maintenance Coordinator, who joined the Dublin team in January 2023. The position is supporting the Maintenance Division in monitoring work on City assets.

The City’s maintenance contractor is conducting quarterly inspections of parks and facilities to evaluate the condition of equipment and infrastructure to help make informed decisions about repair, replacement, and maintenance schedules.

The City’s maintenance contractor continues to conduct quarterly inspections of parks and facilities. The Parks and Community Services Department Park Monitors assist in providing weekly inspections of City parks and outdoor facilities, which helps deliver a faster response to maintenance needs.

Infrared thermographic electrical inspections were completed to gather electrical equipment condition information at several City buildings. This effort augments the preventive maintenance program by identifying areas with increased risk of equipment and electrical failure.

Condition assessment and inspection of City bridges and large storm drain culverts continue. This effort results in recommended maintenance or minor repair of the facilities. 68 Attachment 1

Staff is in the process of finding a consultant to provide an assessment of conditions at The Wave, and based on that assessment, will a create a maintenance plan for the facility and equipment.

Quarterly
Update:

No update.

Objective C Explore finance options for long-term pavement management needs.

Prior Update: The City received approval from the Metropolitan Transportation Commission (MTC) for $48,000 in grant funding though the Pavement Management Technical Assistance Program (P-TAP), Round 24. Public Works Staff has begun working with MTC’s consultant to do the pavement condition assessment and prepare for the resulting analysis. Public Works Staff is also working with a pavement engineering consultant to develop recommendations for a multi-year pavement preservation program and a pavement condition index goal.

Staff continues to work with the pavement engineering consultant to evaluate the pavement network and condition, to develop various strategies for resurfacing and rehabilitation, and to update the City’s StreetSaver program cost estimates. This effort will result in a recommended pavement condition index goal and multi-year pavement preservation program.

Quarterly
Update:

Staff included additional funding in the proposed Five-Year Capital Improvement Program to gradually increase the amount of General Fund Revenue required to meet long-term pavement management needs.

Objective D Explore use of funding mechanisms like community facilities districts for capital and on-going maintenance needs.

Prior Update: Staff is collaborating with the developer of the East Ranch project and City financial consultants to develop a Community Facilities District (CFD) for facility infrastructure and a CFD for services (maintenance of public improvements).

Staff is also working with the financing team to develop a facilities CFD to recover City mitigation costs which the City is advancing as part of the Dublin Blvd Extension project.

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 and the facilities CFD for the mitigation of Dublin Boulevard Extension.
69 Attachment 1

The Francis Ranch (formerly East Ranch) Community Facilities District (CFD) for facility infrastructure and services (maintenance of public improvements) has started the initial formation process. The City Council approved a CFD for facility infrastructure and services for the Francis Ranch project.

Staff is currently negotiating a Development Agreement for the Righetti Property project, which could require the developer to cooperate in the formation of a services CFD for maintenance and the facilities CFD for the mitigation of Dublin Boulevard Extension.

The GH PacVest Property project has approved deal points for a Development Agreement that could result in the formation of a services CFD for maintenance of public improvements. Staff began negotiating a Development Agreement for the GH PacVest property, which could require the developer to cooperate in the formation of a CFD for maintenance and facilities, including for the mitigation land acquisition for the Dublin Boulevard Extension project.

Quarterly
Update:

No update.

Objective E Continue to implement measures identified in the Climate Action Plan (CAP).

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.

Consistent with CAP Measure MM-2: Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials, a low carbon concrete specification has been implemented and installed in one location with more locations planned.

Staff continued working on Climate Action Plan (CAP) Measure SM-2: Develop an Electric Vehicle Infrastructure Plan. Staff also initiated an update on the Municipal Fleet Electrification Plan, consistent with CAP 2030 Measure ML-3: Electrify Municipal Vehicle Fleet and Equipment. Additionally, work on a potential low carbon concrete building code continues, consistent with Measure MM-2: Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials.

CAP 2030 committed the City to a greenhouse gas (GHG) emissions inventory for calendar year 2022. All data to conduct the inventory for 2022 was collected, and the analysis has commenced. 70 Attachment 1

In September, the City Council authorized the City Manager to purchase electric fleet vehicles, which helps meet Climate Action Plan (CAP) Measure ML-3: Electrify Municipal Vehicle Fleet and Equipment. Five electric vehicles, three Ford Lightning trucks, and two Chevrolet Bolt EUVs were purchased to replace internal combustion engine vehicles within the City fleet.

Quarterly
Update:

Staff is preparing amendments to Dublin Green Building Ordinance for consideration by the City Council, to include requirements to use low carbon concrete. Staff anticipates the amendments will be ready in May.

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 included a lump-sum payment of $3.46 million from the designated reserve to address the DRFA unfunded pension liability. Staff worked with the City of San Ramon on a Memorandum of Understanding (MOU) for the methodology to split each City’s allocated share of DRFA’s unfunded liabilities, assets, and annual payment amounts. The MOU was approved by the Dublin City Council in May 2023 and the payment was made in June 2023.

Staff continues to monitor DRFA’s liabilities, and the City currently has $2.11 million set aside in a reserve should there become the need to address any future pension liabilities.

Quarterly
Update:

No update.

Objective B Complete an update to the Public Facility Fee Program.

Update: Staff retained the services of Willdan to assist with the update to the program. Willdan compiled all the necessary data to inform the various fee amounts by category, and Staff presented the report to the City Council in September 2023.

This has been completed with the new fees taking effect on January 1, 2024.

Quarterly
Update:

Completed.

Objective C Make annual contributions to reserves for the early payoff of the energy efficiency bonds.

Prior Update: The City Council approved a shift of $2 million from the FY 21-22 General Fund surplus to the existing reserve for bond payoff. The special designation of General Fund Reserves for FY 22-23 included an additional $1 million to towards early payoff. The reserve balance as of June 30, 2023, is $7 million. The bonds can be paid off as early as 71 Attachment 1

June 1 ,2029 at the remaining principal of $12.9 million. This would save the City about $3.1 million in interest payments over the course of the remaining 12 years.

On November 7, 2023, the City Council confirmed the General Fund reserve designations as of June 30, 2023, including the $7 million early payoff balance. Staff will include another contribution to the reserve in the FY 23- 24 reserve designations in June 2024.

Quarterly
Update:

Staff will continue to include annual contributions to the General Fund Reserve to pay off the energy efficiency bonds. These contributions have been included in the City’s General Fund 10-Year Forecast. The year-end reserve designation item will be brought to Council in June 2024.

Objective D Conduct a feasibility study into fiber connectivity between City facilities.

Prior Update: IT Staff has monitored AT&T Switched Ethernet (ASE) circuits for the past year. AT&T Switched Ethernet (ASE) links deliver up to 50 megabits/second (Mbps). This has significantly increased the reliability of Shannon, Senior, Heritage, and Corp Yard facilities.

IT Staff is working to finalize a municipal fiber master plan RFP for the future City-owned municipal fiber connectivity to facilities. The release of the RFP for a municipal fiber master plan was delayed to Fall 2024 due to the incorporation of an analysis of community fiber into the plan, as well as IT Staff dedicating more time to the Dublin Arts Center project needs. The Current fiber master plan RFP draft is being reviewed by the City Manager’s Office.

The upgrade of the Traffic Operations Center at City Hall, as part of the Dublin Arts Center Project, is currently underway. This project is in preparation for the second phase of the fiber optic communications upgrades along Dublin Boulevard from San Ramon Road to City Hall.

Public Works Staff continues to look for opportunities to close the gap in the network by installing fiber optic infrastructure as part of other Capital Improvement Projects and Development projects.

Quarterly
Update:

No update.
72 Attachment 1

Objective E Complete an update to the User Fee Study.

Prior Update: An RFP to conduct the User Fee Study will be released in calendar year 2023. The project, scheduled to start in January 2024 and take roughly three months to complete, calculates the cost of providing City services by studying the staff time and overhead costs to do. The study will be the basis of a fee structure that will be proposed to the City Council in May/June 2024.

Staff released a Request for Proposals in October 2023, and the City Council approved an agreement with Matrix Consulting Group on December 20, 2023. Matrix has been meeting with City departments as part of the data gathering stage. The study typically takes three months to complete and will calculate the cost of providing services by studying staff time and identifying all costs associated with providing services.

Quarterly
Update:

Matrix Consulting Group has been working with City departments to gather the information needed to complete the study and is currently finalizing the draft report to be presented to City management in early May. The draft report will be the basis for the updated fee structure that will be proposed to the City Council in June.

Strategy 5 Safe and Accessible Community
Objective A Evaluate the feasibility and strategies for a community-wide fiber network.

Prior Update: The fiber master plan (refer to update of Objective 4D) will include examining the need for expanding high-speed internet to sections of the community.

Quarterly
Update:

No update.

Objective B Continue to engage with the community using all appropriate methods to share and exchange information.

Prior Update: Following the completion of a language survey, Communications Staff has been issuing press releases in three alternative languages – Hindi, simplified Chinese, and Spanish. The translated press releases have been sent to news outlets catering to these communities.

Staff has purchased a chatbot Artificial Intelligence (AI) for the City’s website. The chatbot will allow customers to converse with City personnel via a live agent or AI in their chosen language. The AI will be available 24/7, while live agents will be available during business hours. Additional testing of the Chatbot AI was required due to compatibility issues and the new anticipated live date is January 2024. The chatbot and live agent functions are now live and available on the City website.
73 Attachment 1

Staff created “Story Map,” an online, interactive tool highlighting the Adopt-A-Bench program. Story Map is now available online for residents to view park bench inventory, adoption status and availability, and locations. This move towards digital accessibility enhances community engagement and ensures a seamless experience for those interested in honoring a family member, friend, or organization.

Quarterly
Update:

Clover, the AI chatbot, is now live on landing pages. Staff can have live chat conversations with customers in hundreds of languages, and customers can receive 24/7 assistance from Clover. Since the chatbot went live in January, Clover has had 559 interactions with customers, and Staff has had 24 interactions via live chat with customers.

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, which will allow residents and businesses to pay for non-recreation services through this web-based portal upon completion. Completion of all modules is anticipated in FY 23-24.

Quarterly
Update:

No 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 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.

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.

A total of $5,173 was awarded through the Youth Fee Assistance Program, benefiting 23 children and affording them the opportunity to participate in activities ranging from swim lessons to various summer camp programs.

Four seniors utilized the Senior Fee Assistance Program, a value totaling $710. The money was used toward Senior Center Punch Cards. From April through June of this year, $213 was donated to the Youth Fee Assistance Program and $87 to the Senior Fee Assistance Program.
74 Attachment 1

The City partnered with Futures Explored, an organization that works with individuals who have intellectual and/or developmental disabilities (IDD). Together, the City and the Futures Explored program, Workforce Inclusion Network (WIN) for All, enable the hiring of IDD individuals in a variety of City positions in the Parks and Community Services Department. The program has facilitated the hiring of eight new staff members from the IDD community. The City has entered the second year of partnership with Futures Explored.

The Parks and Community Services (PCS) Department awarded $1,600 in Youth Fee Assistance Program funding, benefiting eight families who were able to participate in swim lessons, martial arts, and Junior Warriors Basketball. The Senior Fee Assistance Program awarded $200 for punch cards. The PCS Department awarded $200 in Youth Fee Assistance Program funding, benefiting a family who was able to participate in After-school LEAD. The Senior Fee Assistance Program awarded $200 for punch cards.

The PCS Department introduced a 10% Military Discount for all programs, with the discount being implemented with the publishing of the 2024 Spring Activity Guide.

The Wave offered several opportunities for families to save money during the summer months, such as:
• Wave Goodbye to Summer (August 4, 2023) allowed families to enjoy one free Youth Admission by purchasing a regular-price youth or adult admission. 75 Coupons were processed for a total discounted amount of $1,232.
• 840 Dublin Students and Dublin Athletic $2.00 coupons were processed for a total discount of $1,680 for Dublin residents.
• The Wave provided discounted admission to active or retired military individuals. 517 military admission tickets were sold at $10 each, saving families $5 – $9 per admission ticket.

Quarterly
Update:

After receiving feedback from the PCS commission, The Wave will reintroduce three buy-one-get-one promotional days in summer 2024 and coupon offers to Dublin students and participants in Dublin sports leagues for the summer 2024 waterpark season.

The Parks and Community Services (PCS) Department awarded $1,415 in Youth Fee Assistance Program funding, benefiting eleven families who could participate in swim lessons, martial arts, and sports camps. The Senior Fee Assistance Program awarded $105 for punch cards. Additionally, the active-duty military discount program has provided $698 in discounts to service members during its first reporting period. 75 Attachment 1

Objective E Support existing and innovative public safety efforts, like the DPS Behavioral Health Unit.

Prior Update: Dublin Police Services (DPS) hired a second clinician to complete its Behavioral Health Unit staffing and they are working closely with the deputies and with the community in need. Staff successfully submitted a Community Project Funding Request with Congressman Swalwell to fund the hiring of an additional clinician to focus on providing services for school-aged youths. The Unit continues to be successful, averaging a case load of approximately 20 clients monthly.

The City purchased additional situational awareness cameras for key intersections in Dublin, with a focus on parks and school areas.

DPS hosted the first Trunk or Treat event for the community in October. The event was well attended by the community.

The City purchased additional FLOCK license plate reader cameras, which will assist in both in-progress crimes and on-going investigations.

Dublin Police Services (DPS) was awarded an $81,000 grant from the California Office of Traffic Safety. The grant funds will be used for both education and enforcement to reduce the number of injury accidents and accidents involving impaired drivers.

Additionally, DPS hosted the 40th Annual National Night Out, visiting 31 neighborhood locations with more than a thousand community members in attendance.

DPS hosted the 2nd Annual Trunk or Treat Event, which was well attended with more than 3,000 members of the community participating.

DPS facilitated a ‘Stuff the Cruiser’ Toy Drive at Target, bringing a trailer full of toys for donation. The toys were given to the Dublin Hively Family Resource center to be given to those less fortunate in our community.

Quarterly
Update:

DPS facilitated a Town Hall meeting with the Boulevard Community over growing concerns about individuals being released from Santa Rita Jail. About 150 people were in attendance and in response, temporary situational awareness cameras were deployed, and permanent situational cameras were ordered. 76 Attachment 1

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.

The event was free and open to all ages, and those that completed the challenge received a free shirt.

The City hosted another Goosechase game that encouraged people to visit places all around Dublin using pictures of those sites from years ago and photograph the sites to see how they have changed. The game encouraged residents to visit parks and places of historical interest all around Dublin.

The community bike ride on May 25 started at Civic Center, stopped at Don Biddle Community Park, and ended at the Farmers’ Market, where participants received a $5 coupon to use with the vendor of their choosing. There were eight participants in the event.

The People of the Parks (POP) Program was created as an ongoing, incentivized program encouraging community efforts to “Keep Dublin Clean & Green.” The program is designed for residents frequenting parks, sidewalks, and trails and empowers them to support City beautification efforts by carrying a litter stick and bag and keeping those areas free of litter and debris. The program is also designed for people who might not actively use City facilities and amenities but want to start getting involved in taking care of their community, and for businesses interested in promoting clean commercial areas. The program is scheduled to launch in early September 2023.

People of the Parks launched in early September 2023. Initial participation in the program was 200 individual volunteers and 19 organizations assisting in keeping Dublin clean and green. Participants received a tool kit, including a litter stick, reusable bag, and gloves. The program assists in litter pickup throughout the City, including Dublin parks, trails, and facilities.

The POP Program completed its first quarter review. In total, there were an estimated 316 pounds of trash collected during 138 logged hours of volunteer time. Participants used the City-provided litter clean-up kits to support picking up trash at City facilities including parks, trails, and open spaces.

Quarterly
Update:

The POP Program continued to grow in its second quarter, with 232 Individuals and 10 organizations registering.

Staff are working on the Program’s new component, which will acknowledge Dublin businesses that take on the Clean and Green challenge, committing to ensuring their premises are clear of litter and pollutants. 77 STAFF REPORT

CITY COUNCIL

Agenda Item 5.6
DATE: May 7, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Report on the Business Recovery Playbook and Approval of the Small Business Navigator Program and Outdoor Operations Grant Program Prepared by: Felicia Escover, Special Projects Manager
EXECUTIVE SUMMARY:

The City Council will receive a report on the Business Recovery Playbook, a post-pandemic strategic action plan to support Dublin businesses and Economic Development’s transition from recovery efforts to resiliency efforts. Additionally, the City Council will consider approving guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program that were introduced as part of the Playbook.

STAFF RECOMMENDATION:

Receive the report on the Business Recovery Playbook and adopt the Resolution Approving the Guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program.

FINANCIAL IMPACT:

There is no financial impact associated with the receipt of this report. Furthermore, there is no fiscal impact with the adoption of the program guidelines as the budget for these programs was included in the ARPA budget allocation approved by the City Council.

DESCRIPTION:

On May 3, 2022, the City Council received a presentation on the Business Recovery Playbook, a post-pandemic strategic action plan to support Dublin businesses. The Playbook was prepared to put structure around supporting the recovery efforts of the Dublin business community in the wake of COVID-19. The Playbook helped staff develop and implement more than 25 initiatives within 12 months.

The Playbook focused on three phases: Assessment, Build, and Implementation. In the Assessment phase, the project team discerned local business needs and future challenges through a Business 78

Needs Assessment survey, a Boots-on-the-Ground walking tour, and Business Roundtables with different industry sectors. The information collected in this phase was analyzed to inform the next phases of the Playbook.

During the Build phase, the team worked on increasing communication efforts and developing relevant business support grant programs in direct response to feedback from businesses. This phase resulted in initiatives including:
 Ongoing business roundtables, surveys, and visitations to stay connected to the business community.
 Developing a “Taste the World in Dublin” passport campaign to drive business to local food and beverage establishments.
 Launching a first-of-its-kind mobile text alert program to increase the timeliness of communication to small businesses and serve as a business hotline.  Supporting small business participation in job fairs.  Launching a loyalty rewards program to increase foot traffic and repeat business for local brick-and-mortar businesses.
 Subsidizing a holiday advertising campaign to promote small businesses to more than 34,000 households.
 Ongoing development and distribution of Business Recovery-oriented newsletters.  Creating a small business navigator program to provide technical assistance to small businesses within a specialized field (i.e., strategic marketing, revenue and business development, graphic design, human resources, architecture design, and more).  Grant programs include Commercial Rent Relief, Emergency Microloans, Recovery Boost Grants, and Outdoor Operations Grants
Lastly, the Implementation phase focused on reviewing current processes, policies, and programs that may need to be revisited such as outdoor dining, parking requirements for businesses, and providing educational opportunities through local and regional partnerships. This phase included initiatives such as:
 Amending/streamlining certain City processes/policies to address business needs.  Updating the Business License Application to include DEI questions to better understand the makeup of our business owners.
 Considering policies to extend the permitting program for outdoor operations.  Revising policies to support flexible parking standards for outdoor dining.  Leveraging local and regional partnerships to provide educational opportunities for businesses.
 Partnering with the East Bay Small Business Development Center to help businesses reevaluate their plans.
 Partnering with East Bay Economic Development Alliance and others for additional grant opportunities.
 Partnering with Startup Tri-Valley and Innovation Tri-Valley to support entrepreneurship.

The Playbook played a crucial role in the Dublin business community’s recovery from the adverse 79

effects of COVID-19, and it established the groundwork for future success. The Playbook’s various initiatives directly served 409 businesses, of which 93% remained open while only 13 storefront businesses closed. It further helped to strengthen the resiliency of the business community and bolstered the programs available to support small businesses.

During the Playbook implementation, Staff provided progress updates to the Economic Development Committee on August 16, 2022, February 15, 2023, June 20, 2023, and December 19, 2023. At the December 19, 2023 meeting, Staff shared that as the COVID-19 recovery efforts wind down, there is an interest in wrapping up specific recovery initiatives and incorporating others into the daily operations of the Economic Development Department. This integration aims to bolster ongoing business resilience programs and efforts.

The proposed programs and initiatives that will transition to Business Resilience Operations include:

Business Communication:
 Regular Business Roundtables and Touchpoints
 Boots on the Ground Walking Tours
 Incorporation of Recovery Dublin Business Brief resources into the standing Dublin Business Brief electronic newsletter
 Continuation of the mobile text service as a business hotline/help desk Business Marketing Support:
 Shop Local efforts
 Annual Holiday Gift Guide
Business Support:
 Small Business Navigator Program, a technical assistance program  Promotion of business resources, education, and events  Streamlining of City processes/policies
 Outdoor dining support
Partnerships:
 Continuation of building upon and leveraging local and regional partnerships Historically, the City Council adopts program guidelines for grant initiatives, like the Commercial Façade Grant Improvement Program, before the programs become operational. However, due to the need to be responsive to the business community and quickly implement initiatives outlined in the Recovery Playbook, both the Outdoor Operations Grant Program and the Small Business Navigator Program were promptly established and put into operation. With the recommendation from Staff that these programs become ongoing programs, the program guidelines are now being presented to the City Council for formal approval.

Small Business Navigator Program
The Small Business Navigator Program provides comprehensive technical support to small 80

businesses in Dublin, completely free of charge to the small business owner. This initiative connects business owners with highly experienced consultants who specialize in addressing specific project-based needs, thereby helping businesses overcome challenges and foster growth.

The program's scope encompasses various areas of business support, including Business Planning & Development, Marketing & Advertising, Architecture & Space Design, Technology Consulting, Graphic Design, and more.

Originating from feedback gathered from the local business community during the COVID-19 pandemic, the Navigator Program was developed by City staff who sought to engage with businesses across the city during the pandemic's disruption. Through more than 450 business visits, 50 survey responses, and numerous business roundtables, a common theme emerged:
business owners required assistance with specific projects such as logo design, employee matters, and marketing – areas typically beyond the scope of City staff support. As there was no existing program capable of addressing the breadth of concerns raised by the business community, the Navigator Program was established to fill this void. By connecting businesses with qualified consultants at no cost, the program enabled the City to provide tailored support to local businesses, addressing their unique needs on an individual basis.

Implemented in April 2023, the Navigator Program has received more than 30 requests for assistance to date. Eligible businesses have received support with a wide array of projects, including website design, marketing plans, financial analysis, logo and marketing material designs, architectural drawings, and technology support.

The proposed guidelines for the Small Business Navigator Program outline eligibility criteria, program parameters, and the assistance process. The program aims to support small, locally owned businesses with a brick-and-mortar presence and fewer than 50 full-time employees.

Home occupation businesses may also be eligible if they are seeking expansion beyond the home office. Eligible businesses may utilize the Navigator Program for up to three projects, with a total funding cap of $7,500. Assistance is provided on a first-come, first-served basis, subject to available funding. However, priority access to program consultants may be granted to businesses experiencing hardship, first-time users of the program, or microbusinesses.

Outdoor Operations Grant Program
The Outdoor Operations Grant Program, initiated alongside City Council measures permitting temporary outdoor seating for dining establishments during the pandemic, began with the enactment of Ordinance No. 08-20. This ordinance granted the City Manager authority to waive specific Zoning Ordinance requirements, facilitating the establishment of a COVID-19 Relief Temporary Use Permit (TUP) program. This program, aimed at supporting businesses affected by pandemic restrictions, was in effect from June 16, 2020, until its expiration on June 16, 2021.

Following this, on August 17, 2021, the City Council passed Ordinance No. 07-21, which amended zoning ordinances to relax development standards for permanent outdoor seating and extended the allowance for temporary outdoor seating until September 30, 2022.

In spring 2022, additional outreach to restaurant owners reaffirmed their support for long-term temporary outdoor seating. Consequently, on August 16, 2022, Ordinance No. 09-22 was enacted, 81

prolonging temporary outdoor seating regulations until September 2023. Despite the temporary use permit's expiration, continued interest from the business community persists due to consumer demand for al fresco dining experiences and the economic benefits they bring.

Given this ongoing interest and the anticipated economic advantages, Staff recommends maintaining the Grant Program to assist businesses in establishing or enhancing permanent outdoor dining spaces.

Initially, the Grant Program covered expenses related to both temporary and permanent outdoor seating materials, including City application fees, furniture, physical improvements, safety barricades, and weather protection. However, with the expiration of temporary use permits for outdoor seating, Staff suggests limiting eligibility to businesses with approved Planning permits for permanent outdoor seating.

The proposed guidelines aim to offer eligible businesses assistance with outdoor dining furnishings, design fees, Staff time and materials, and other related expenses on a first-come, firstserve basis, subject to available funding. To qualify, businesses must obtain an approved Planning permit before applying for a grant and may receive up to $50,000 in reimbursement.

STRATEGIC PLAN INITIATIVE:

Strategy 1: Downtown Dublin and Economic Development
Objective A: Support local businesses and new business attraction (ensure revenue-generating industries)
NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program
2) Exhibit A to the Resolution – Small Business Navigator Program Guidelines 3) Exhibit B to the Resolution – Outdoor Operations Grant Program Guidelines 4) Business Recovery Playbook
82 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE GUIDELINES FOR THE SMALL BUSINESS NAVIGATOR PROGRAM AND

OUTDOOR OPERATIONS GRANT PROGRAM
WHEREAS, the City Council has identified economic development as a priority in the City of Dublin’s Strategic Plan; and
WHEREAS, on May 3, 2022, the City Council was presented with the Business Recovery Playbook (“Playbook”), a post-pandemic strategic action plan to support Dublin businesses; and WHEREAS, the Playbook developed, launched, and implemented more than 25 initiatives within a short time frame of 12 months, focusing on Assessment, Build, and Implementation phases to support the recovery efforts of the Dublin business community; and WHEREAS, among the initiatives outlined in the Playbook are the Small Business Navigator Program and the Outdoor Operations Grant Program, both of which have demonstrated efficacy in supporting small businesses and enhancing economic resilience in Dublin; and WHEREAS, the Small Business Navigator Program provides comprehensive technical support to small businesses, connecting them with experienced consultants to address specific project-based needs such as business planning, marketing, architecture, and technology consulting, among others; and
WHEREAS, the Outdoor Operations Grant Program was initiated alongside measures permitting temporary outdoor seating for dining establishments during the pandemic, providing financial assistance for businesses to establish outdoor operations and dining spaces, thereby supporting business operations and economic recovery and resiliency efforts; and WHEREAS, Staff desires to have the City Council approve the guidelines for implementation, providing continued support to businesses in Dublin.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the guidelines for the Small Business Navigator Program and Outdoor Operations Grant Program, as outlined in Exhibit A and Exhibit B respectively.

BE IT FURTHER RESOLVED that the City Manager is authorized to approve amendments to the guidelines, attached hereto as Exhibit A and Exhibit B, and make any necessary, nonsubstantive changes to carry out the intent of this Resolution. {Signatures on the following page}
83 Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
84 I. PROGRAM OVERVIEW
The Dublin Small Business Navigator Program (“Program”) offers small business owners access to technical resources and support from qualified service providers in various areas, including but not limited to business planning, marketing, architecture, technology consulting, graphic design, and financial guidance, and more.

The Program provides eligible business owners with technical assistance for up to three projects or a maximum of $7,500, whichever is reached first. The overarching objective is to equip business owners with resources to address specific needs and ensure long-term sustainability in a strategic and individualized manner.

II. PROGRAM COMPONENTS
A. Technical Assistance
The Program provides small business owners with access to free technical resources and support via qualified service providers in all areas of business needs including but not limited to:
a. Business Planning & Development
b. Marketing & Advertising
c. Architecture & Space Design
d. Technology Consulting
e. Graphic Design
g. Financial Guidance
This Program provides project-based assistance with a specific scope and timeframe. It is not intended to provide ongoing support such as paying for Google Ads or maintaining a website or equipment such as computer cables, cash registers, etc.

B. Parameters
Requests will be reviewed on a first-come, first-served basis and will be accepted continuously until Program funding is exhausted. The Program will be available to eligible businesses based on consultant capacity, with priority given to specific businesses as outlined in the "priority criteria" section.

There is a maximum limit of three uses, with a total cap of $7,500 across all projects. The City may consider granting additional uses per business matter on a case-by-case basis.

C. Priority Criteria
Program requests are typically accepted on a first-come basis. However, businesses may be granted priority access to Program consultants if they meet any of the following conditions. a. Demonstrated hardship
b. First-time user of the Program
c. Microbusiness (has 25 or fewer employees)
III. ELIGIBILITY
A. Eligible Applicants
Small Business Navigator Program
Guidelines
Attachment 2
Exhibit A to the Resolution
85 The Program will accept requests on a first-come, first-served basis while funds are available. The Program is open to brick-and-mortar businesses and home occupation businesses that are actively looking to transition to a brick-and-mortar location, provided they meet the following criteria:

Small Businesses
• Must be physically located in the City of Dublin
• Must possess an active City of Dublin Business License • Must be in good standing with the City
• Must not be a corporately owned chain/franchise store • Must have less than 50 full-time employees
Home Occupation Businesses
• Must be a home occupation business operating in Dublin • Must possess an active City of Dublin Business License • Must be in good standing with the City
• Must not be a corporately owned chain/franchise store • Must have less than 50 full-time employees
• Must be requesting assistance related to transitioning from a home occupation to a physical location in Dublin
B. Eligible Types of Projects
All projects must be one-time endeavors with a specific scope and time frame as outlined in an approved task order. Eligible projects include, but are not limited to:
 Business plan development or update
 Financial or market analysis
 Logo creation
 Marketing material design
 Website development
 Site plan creation
Additional projects that align with the Program's objectives will be considered and reviewed on a case-by-case basis by the City Manager or their designee.

The Program does not provide funds for ongoing projects or the purchase of hardware or other types of equipment.

IV. Program Process Steps
A. General Process

1. The business owner submits a request for assistance.

2. Economic Development Staff review the submission for completeness and eligibility.

3. A meeting is scheduled between the business owner and Staff to discuss needs and program guidelines, and to determine project eligibility.

4. If the business is deemed eligible, Staff will match the business owner with a consultant and send a referral to the consultant.

5. The consultant follows up with the business owner.

6. The consultant and business owner collaborate to address the business need specified in the original request within their specified number of sessions.

7. Staff works with the consultant to develop and execute a task order that outlines the project scope, not-to-exceed amount, timeline, etc.

8. Technical assistance commences upon execution of the task order.

9. The consultant and business owner work on the project outlined in the task order. 86 10. Technical assistance concludes upon project completion or the expiration date of the task order, whichever comes first.

11. Evaluations and reports are provided upon request.

12. Invoices are processed.

V. FUNDING
Funding for this Program is appropriated by the Dublin City Council as part of its budget process. There is no guarantee of the amount of funds that will be appropriated each year. Funds for the Program are available on a first-come, first-served basis. If funds are exhausted at the time of application submittal, Staff will retain the application. If additional funds become available, Staff will contact applicants in the order applications were received.

The City of Dublin reserves the right to cancel or modify this Program at any time prior to project approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the Dublin City Council.

VI. REQUIREMENTS OF BUSINESSES
A. Program Terms and Conditions
Upon submitting an application for assistance, businesses agree to the following:
 I possess an active City of Dublin business license for this business.  My business is in good standing with the City of Dublin and I do not have any open code enforcement, building or fire cases related to the business.  I acknowledge that some of the information submitted through this application is a public record and may be subject to disclosure under the California Public Records Act.  I understand that the City of Dublin may determine in its sole discretion whether information submitted through this application is subject to disclosure under the California Public Records Act or through another legal process.
 I agree to be responsive to Staff and the assigned consultant and acknowledge that the City may, at its discretion, withdraw my application if I am not timely in my responses.  I understand that I am opting to participate in this Program on my own accord and assume all risks associated.
 I acknowledge that the City is not liable for the outcomes of the third-party arrangement and outcomes.
 I hereby certify that all of the information submitted in this application is true and correct and is subject to audit by the City of Dublin.

B. Applicants are required to adhere to the following steps:
• Identify the need for technical assistance.
• Complete the assistance request form accurately.
• Agree to the Program's terms and conditions.
• Provide required documents, information, and permissions to the consultant. • Participate in a discovery meeting with Staff.
• Demonstrate responsiveness to the assigned consultant. • Fulfill requests made by the consultant promptly.
• Complete a post-consultation survey as part of the process.

Staff reserves the right to cancel or modify task orders as deemed necessary, or if businesses do not meet Program requirements.

I, ___________________________________ have read and received a copy of these guidelines.

Printed Name
87 _________________ ____________________________________ Date Signature
88 I. PROGRAM OVERVIEW
The Outdoor Operations Grant Program (“Program”) aims to assist local eating and drinking establishments and retail establishments in the City of Dublin looking to establish or enhance outdoor seating and operations. The Program seeks to reimburse a variety of eligible expenses related to permanent outdoor operations incurred by the business.

The Program offers a grant of up to $50,000 for businesses with approved Planning permits for outdoor operation improvements that are permanent in nature. Additionally, the Program may waive permit fees which include Staff time associated with processing a permit related to outdoor operations. The Program will accept applications on a first-come, first-served basis while funds are available.

This Program is available to eligible business owners within City limits. The long-term objective is to promote outdoor operations as an avenue to support business traffic and long-term health.

II. PROGRAM COMPONENTS
A. Outdoor Operation Grant
This grant provides for reimbursement of up to Fifty Thousand dollars ($50,000) for permanent outdoor operation installation or improvements with no match requirement. Projects must be completed within 12 months of grant approval or Building Permit issuance.

Grant proceeds are to be used for labor and materials directly related to the outdoor operation installation or improvements. Tools may not be purchased with grant funds, but tool rental is allowable.

All improvements completed through the Program are considered “public work” as that term is used in Section 1720 of the California Labor Code. In accordance with Labor Code section 1720 et seq., prevailing wages shall be paid for all façade improvements. Use of volunteer labor is not allowed. All estimates and payments for construction and installation of outdoor operation installations and improvements shall include prevailing wages, and shall otherwise comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6 and 1813 of the California Labor Code and all other applicable laws and regulations with respect to prevailing wages. Participants in the Program are responsible for ensuring that the improvements are in compliance with the Prevailing Wage Law.

Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued after the City deems the project complete, and upon the submission of invoices and proof of payment, and subject to approval of those invoices and proofs of payment by Staff. Construction shall be completed within 120 days after the City issued Notice to Proceed. If the project extends beyond the scheduled completion date, prior Staff approval is required.

Applications will be reviewed on a case-by-case basis as Program funding allows. a. Fee Exemption
Applicants for this Program are exempt from planning and building permit fees by the City Manager, who is authorized to waive City fees associated with this Program. This fee exemption does not apply to fees mandated by the State of California including, but not limited to, the Strong Outdoor Operations Grant Program
Guidelines
Attachment 3
Exhibit B to the Resolution
89 Motion Instrument program fee and the California Green Building fees. The fee exemption will be deducted from the balance of the grant.

III. ELIGIBILITY
A. Eligible Applicants
Business owners in commercially zoned property locations are eligible to apply for assistance.

Eligible establishments:
a. Must be physically located in the City of Dublin
b. Must apply for a Site Development Review Waiver (SDRW) or Site Development Review (SDR) for outdoor seating/operations
c. Must possess a valid City of Dublin Business License d. Must be in good standing with the City
e. Must be an eating or drinking establishment (i.e., restaurant, bakery, bar, brewery, café, coffee/tea, etc.)
f. Must Not be a corporately owned chain/franchise store g. Must Not be a home-based business or hotel
B. Eligible Types of Improvements
All improvements shall conform to City Building Codes, Zoning Ordinance, and applicable Design Guidelines. Eligible improvements include, but are not limited to:
 Construction of outdoor dining or gathering spaces
 Furniture
 Shade sails, umbrellas, and other weather protection
 Signage and non-affixed structures
 Lights, heaters, safety barricades, etc.
 Physical improvements to install a patio, deck, shade structure, wheelchair-accessible ramp, etc.
 Dublin San Ramon Services District sewer capacity fees (considered on a case-by-case basis)
 Cost of architecture/design services, etc. (limit of up to $5,000) Additional improvements that are deemed to be consistent with the intent of the Program will be reviewed and approved/disapproved on a case-by-case basis.

IV. Grant Process
A. Community Development Review. Applicants will meet with representatives from Planning to review the permit process and answer any questions the applicant may have. At that time, the applicant should determine if they need to complete a Site Development Review application or Site Development Review Waiver. If a business owner intends to apply for a grant, Staff will set up a project account to charge Staff time to.
i. Depending on the scope and complexity of the project, applicants may also have to connect with representatives from Building, Fire, and/or Public Works and the Dublin San Ramon Services District to understand the entitlement process and associated fees.

B. Planning Application Submittal. The applicant is responsible for submitting a complete planning application and project plans prepared by a licensed professional through the Planning Division.

C. Apply for Grant Funds. The applicant shall submit a completed grant application detailing all exterior improvements and an itemized estimate of the total project cost. Be as specific as 90 possible. The project list may contain improvements beyond what would be funded by the grant.

All proposed project elements must be approved by the Community Development Director or their designee prior to being accepted into the Program.

D. Review Process. All grant applications will be reviewed by Staff and then brought before the City Council Economic Development Committee to select grant awardee.

E. Grant Determination and Grant Funds Reserved. Upon selection of a grant awardee, an agreement will be signed between the applicant and City, and the funds will be reserved.

F. Building Permit Approval (as applicable). If a Building Permit is required, the applicant is responsible for submitting plans that meet all Code requirements through the Building Division.

G. Complete Work. After receiving all required approvals and permits the applicant shall complete the improvements within twelve (12) months from building permit issuance or for non-building permit projects, from the agreement execution date. The applicant shall be responsible for contacting Staff to request an extension if necessary; an extension is not guaranteed.

H. Submit invoices, receipts, and proof of payment. Disbursement of grant proceeds to approved applicants will be in a reimbursement payment issued after City deems the project complete. All reimbursement requests must include proof of payment and other supporting documentation, as deemed necessary by the City (i.e. invoices, cancelled checks, etc.), sufficient to demonstrate to the City’s satisfaction that all improvement costs have been paid. Grant funds must be used within one year of approval or funds will be forfeited.

V. FUNDING
Funding for this Program is appropriated by the Dublin City Council as part of its budget process. There is no guarantee of the amount of funds that will be appropriated each year. Funds for the Program are available on a first-come, first-served basis. If funds are exhausted at the time of application submittal, Staff will retain the application. If additional funds become available, Staff will contact applicants in the order applications were received.

The City of Dublin reserves the right to cancel or modify this Program at any time prior to grant approval, without notice. Continuation of the Program is subject to sufficient funding as appropriated by the Dublin City Council.

VI. IMPLEMENTATION WORK
All improvements shall conform to the City of Dublin Building Codes, Zoning Ordinance, and applicable Design Guidelines. Proposed façade remodels are required to comply with Chapter 8.104 of the Site Development Review Chapter of the Zoning Ordinance. Project improvements commenced prior to the City’s issuance of a Notice to Proceed are not eligible for this Program.

Staff will be available to work with approved applicants to assist in the coordination of the project and may carry out periodic inspections.

I, ___________________________________ have read and received a copy of these guidelines. _________________ ____________________________________
Date Signature
Printed Name
91 CITY OF DUBLIN
BusINESS RECOVERY PLAYBOOK

POST-PANDEMIC STRATEGIC ACTION PLAN
Attachment 4
92 PHASE 1: ASSESSMENT
Business Survey
Distribute a survey to businesses to collect information regarding how businesses are doing (revenue/ traffic-wise); understanding their challenges; increased/decreased employment; present and future concerns and needs, etc. Use this opportunity to collect Diversity, Equity, and Inclusion (DEI) information from business owners.

Boots on the Ground (aka Walking Tour)
The Office of Economic Development Team will walk areas of the community to have direct contact with businesses, ensuring that all industry sectors are accounted for.

Business Roundtables
Hold business roundtables with the various industry sectors (i.e., restaurants, retail, salon, fitness, etc.) to understand their challenges and concerns.

PHASE 2: BUILD
Post-Survey Roundtables
Hold post-survey Business Roundtables to allow for sharing of ideas, news, best practices, etc.

Check in with business community to gauge the frequency of surveys and/or roundtables.

Networking/Marketing Opportunities
Consider more opportunity for person-to-person connections: job fairs, meet ‘n greet, business visitation and spotlight events (i.e., Taste the World passport campaign).

Loyalty rewards program encouraging community engagement; opportunities for business spotlights, wide range of participation, and positive economic impact.

Holiday Gift Guide – A holiday advertising campaign subsidized by the City of Dublin focused on promoting small businesses and distributed to 34,000 households in Dublin and Pleasanton.

Communication
Continue the Business Recovery and regular Dublin Business Brief eNewsletters distribution.

Launch a Mobile Text Communication Programfor small businesses as another form of communication between the City and business owners.

Business Support Grant Programs
Depending on the business survey responses, develop grant programs that address the highest needs/ challenges, such as:
i. Staffing: grant that provides dollars for sign-on bonuses or similar incentive for hiring and/or staff retention.
ii. grant that provides dollars to help implement and/or improve business technology (POS system, CRM, etc.).
iii. Marketing/Social Media: grant that assists business owners with marketing and social media tools to promote their services.
iv. Business Navigator: grant that would provide technical assistance to small businesses within a specialized field (i.e., financial guidance, strategic marketing, revenue and business development).

PHASE 3: IMPLEMENTATION
City Processes/Policies
Pending feedback from business community, consider amending and/or streamlining certain City processes and/or policies to feed business needs (i.e., making temporary outdoor space permanent, alleviating common hurdles for permit applications, etc.).

DEI Initiatives and Business License Form/Data
Updating the Business License Application to include optional questions surrounding Diversity, Equity, and Inclusion.

Long-Term Temporary — Temporary Use Permit (LTT TUP)
LTT TUP ends on September 30, 2023. Consider policies to extend the program or more permanent policies.

Outdoor Dining Support
Consider revising policies that support flexible or less restrictive parking standards for outdoor dining.

Work with Dublin San Ramon Services District on their fees as it relates to outdoor dining and restaurants creating new spaces.

Education & Resources
Webinars, Tutorials and Speakers – Leverage local and regional partnerships (i.e., Tri-Valley Career Center, Chabot-Las Positas Community College, Alameda County Workforce Development Board, East Bay Economic Development Alliance, East Bay Small Business Development Center, Tri-Valley cities, etc.) to coordinate and provide educational opportunities geared towards current trends:
• staffing challenges
• funding opportunities
• supply chain challenges
• marketing and social media support
• business development
• taxes
○ Develop an online library of on-demand training courses for small business owners on various technical topics and interpersonal focused areas (leadership, communication, etc.).

Partnerships
Business Plans – Partnering with East Bay Small Business Development Center to help businesses reevaluate their business plans post-pandemic.

Grant Programs – Partnering with East Bay Economic Development Alliance and others on additional business grant opportunities.

Entrepreneurism – Partnering with Startup Tri-Valley and Innovation Tri-Valley to support the Tri-Valley an entrepreneurship ecosystem.

Complete Ongoing In Progress
The disruption that COVID-19 has brought to the business community has been unprecedented and challenging. Business recovery efforts continue to be underway through the development and execution of the programs and initiatives outlined in this evergreen document. The City of Dublin continues to support the business community through the execution of the Business Recovery Playbook to ensure both the survival and economic recovery of our small businesses.

Last updated February 27, 2023
93 STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: May 7, 2024
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: Julius Pickney, 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 2024-25. 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.
94

SUMMARY OF PRELIMINARY ASSESSMENT DISTRICT
PROJECTED FISCAL YEAR 2024-2025 REVENUES & EXPENDITURES ST. LIGHT
1983-1

STAGECOACH

LANDSCAPE
1983-2

DOUGHERTY

LANDSCAPE
1986-1

SANTARITA

LANDSCAPE
1997-1

EASTDUBLIN
ST. LIGHT
1999-1
PROJECTED REVENUE $327,670 $133,846 $215,114 $406,680 $377,146

ESTIMATED
EXPENDITURES ($424,306) ($97,226) ($108,863) ($363,147) ($397,429)

TRANSFER FROM

CAPITAL

IMPROVEMENT FUND
$96,636 ($36,620) ($106,251) ($43,533) $20,283

BALANCE TO
RESERVES $0 $0 $0 $0 $0

RESERVES BALANCE

ESTIMATED

BEGINNING
BALANCE1
$661,004 $329,495 $688,866 $1,346,270 $574,779

RESERVE TRANSFER

TO CAPITAL

IMPROVEMENT
FUND
($96,636) $36,620 $106,251 $43,533 ($20,283)

TRANSFEROUT FOR
CIP $0 $0 $0 $0 ($42,000)

PROJECTED ENDING

BALANCE FISCAL
YEAR 2024-25
$564,368 $366,115 $795,117 $1,389,803 $512,496
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 16, 2024, 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 7, 2024 to receive comments on the proposed Fiscal Year 2024-25 assessments. Details related to each district and the proposed assessment amounts can be found in the attached April 16, 2024 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
95

 Street Lighting District 1999-1
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 16, 2024 (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 96 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 RESOLUTION NO. XX – 24

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. 25-24, 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. 26-24 (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 7, 2024, 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. 97 Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 PASSED, APPROVED AND ADOPTED this 7th day of May 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
98 r
DUBLIN

CALIFORNIA

STAFF REPORT

CITY COUNCIL
DATE: April 16, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
Agenda Item 5. 2
SU B.ECT : 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: Julius Pickney, ManagementAnalystll
EXECUTIVE SUMMARY:

The City Council will consider directing preparation of the Fiscal Year 2024- 25 Engineer' s Reports, approving the preliminary Fiscal Year 2024- 25 Engineer' s Reports, and scheduling a public hearing date of May 7, 2024, 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.

25 Attachment 2
99 SUMMARY OF PRELIMINARY ASSESSMENT DISTRICT
PROJECTED FISCAL YEAR 2024- 2025 REVENUES & EXPENDITURES

PROJECTED REVENUE

ESTIMATED

EXPENDITURES

TRANSFER FROM

CAPITAL

IMPROVEMENT FUND

BALANCE TO

RESERVES

IRESERVESBALANCE

ESTIMATED

BEGINNING
BALANCE1

RESERVE TRANSFER

TO CAPITAL

IMPROVEMENT
FUND

TRANSFER OUT FOR
CIP

PROJECTED ENDING

BALANCE FISCAL
YEAR 2024- 25

STAGECOACH
ST. LIGHT LANDSCAPE
1983- 1 1983- 2
327,670 $ 133, 846
424, 306) ($ 97, 226)
96,636 ($ 36,620)
0 $ 0
661, 004
96, 636)
0 564, 368
329, 495
36, 620
0 366, 115

DOUGHERTY

LANDSCAPE
1986- 1
215, 114
108, 863)
106, 251)
0 688, 866
106, 251
0 795, 117

SANTA RITA

LANDSCAPE
1997- 1
406,680
363, 147)
43, 533)
0 1, 346, 270
43, 533
0 1, 389, 803

EAST DUBLIN
ST. LIGHT
1999- 1
377, 146
397, 429)
20,283
0 574, 779
20, 283)
42, 000)
512, 496
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 2024- 25, 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 7, 2024, in the City Council Chamber at 7p.m., located at 100 Civic Plaza, Dublin.

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.

10026
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, the Clifton Park development in the western hills, Tracts 7067, 8024, 8073 and 8074, the Jordan Ranch development, the Boulevard development, the Tassajara Hills development, and the Francis Ranch development. 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 Fiscal Year 2024- 25, there is an 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. In Fiscal Year 2024-25 and Fiscal Year 2025- 26, 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 2026- 27.

The proposed assessment amount for Fiscal Year 2024- 25 remains the same as Fiscal Year 2023- 24, as shown below.

Citywide Streetlight Assessments ( District 1983- 1)
Proposed
Current Fiscal Year Annual
Property Type Fiscal Year 2024- 25 Change
Equivalent Dwelling Unit ( EDU) $ 19. 34 $ 19. 34 $ 0
Commercial Per Acre $ 106. 37 per acre $ 106. 37 per acre $ 0 Landscaping and Lighting District 1983- 2 ( Stagecoach Road) This District provides funds for the maintenance of certain landscape improvements in the Dublin Hills Estates and Amador Lakes developments along Stagecoach Road. The District' s boundaries include all of Tract 4719 and cover the 150- unit single- family Dublin Hills Estates development and the Amador Lakes development. The City Council approved formation of this District on January 23, 1984, with the initial assessment in the 1985- 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

10127
Lakes Apartments. Details related to the budgeted expenditures can be found within the Fiscal Year 2024- 25 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 ( CPI) 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 2024- 25 is $ 520. 93 per single family residence and $ 88. 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 2024- 25 was increased 2.33% over the Fiscal Year 2023- 24 amount and is currently at the maximum assessment amount for Fiscal Year 2024- 25 to fund the budget and the need for irrigation repairs. The proposed assessment amount for Fiscal Year 2024- 25 is shown below.

Stagecoach Road Assessments ( District 1983- 2)
Proposed
Current Fiscal Year Annual
Property Type Fiscal Year 2024- 25 Change
Dublin Hills Estate - Single Family Homes $ 509. 06 $ 520. 93 $ 11. 87 AAmador Lakes - Apt/ Condominiums $ 86. 08 $ 88. 08 $ 2. 00 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 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 2024- 25 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 2024- 25 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 CPI 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 2024- 25 is $ 314. 83 per single

10228
family residence, $157.42 per multi -family residence, and $ 1, 259.32 for commercial property.

The proposed assessment amount for Fiscal Year 2024- 25 was increased 1. 95% over the Fiscal Year 2023- 24 amount to and is currently at the maximum assessment amount for Fiscal Year 2024- 25 to fund the budget. The proposed assessment amount for Fiscal Year 2024- 25 is shown below.

Villages at Willow Creek Assessments ( District 1986- 1) Property Type
Single Family Homes
Amador Lakes - Apt/ Condominiums
Commercial
Proposed
Current Fiscal Year
Fiscal Year 2024- 25
308. 82 $ 314. 83
154. 41 $ 157. 42
1, 235. 28 $ 1, 259. 32
Annual
Change

6. 01

3. 01

24. 04
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 CPI as well as actual increases in the cost of utilities. This maximum allowable assessment is updated in the Engineer' s Report on an annual basis. The maximum assessment per acre in the Engineer' s Report for Fiscal Year 2024- 25 is $ 1, 731. 91 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 2024- 25 remains the same as Fiscal Year 2023- 24, as shown below.

Santa Rita Area Assessments ( District 1997-
Property Type
California Creekside Single - Family Residential
California Brookside Multi -Family Residential
Summer Glen - Richmond American ( North) Lots
Summer Glen - Richmond American ( South) Lots

Current
Fiscal Year
128. 52

55. 69
112. 54
123. 85
1)
Proposed
Fiscal Year
2024- 25
128. 52

55. 69
112. 54
123. 85
Annual
Change

0. 00

0. 00

0. 00

0. 00
10329
Summer Glen - Kaufman & Broad Lots
Summer Glen - Pulte Lots
Dublin Greene Tract 7084 Single Family Residential
Dublin Greene Tract 7149 Single Family Residential
Dublin Greene Tract 7149 Condominiums
Other Parcels Including Retail, Office, and Industrial
172. 36 $ 172. 36 $ 0. 00
216. 24 $ 216.24 $ 0. 00
136. 13 $ 136. 13 $ 0.00
102. 50 $ 102. 50 $ 0. 00

53. 43 $ 53. 43 $ 0. 00
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, 8102 and 8563. 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 Capital Improvement Fund ( 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.

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 CPI 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 2024- 25 adjusted by the approved adjustment formula is $ 79. 71 per single family residence and $ 438. 42 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.

The proposed assessment amount for Fiscal Year 2024- 25 was increased 9. 30% over the Fiscal Year 2023- 24 amount, as shown below.

Property Type
Equivalent Dwelling Unit (EDU)
Commercial Per Acre
Dublin Ranch Street Lighting Assessments ( District 1999- 1) Current Proposed Annual
Fiscal Year Fiscal Year Change
2024- 25

38. 03 $ 41. 57 $ 3. 54
209. 15 $ 228. 62 $ 19.47
Upon City Council adoption of the resolution approving the respective Preliminary Engineer' s Reports, a public hearing will be held on May 7, 2024, at 7: 00 p.m. on the proposed assessments.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/ PUBLIC OUTREACH:

The City Council Agenda was posted.

10430
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

10531
Street Lighting Maintenance
District No. 1983-1
Fiscal Year 2024-25
Final Engineer’s Report
May 7, 2024
Attachment 3
106
CITY OF DUBLIN FISCAL YEAR 2024-25
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 ....................................................19 107
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 CERTIFICATE ii

ENGINEER'S REPORT

CITY OF DUBLIN
STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1
FISCAL YEAR 2024-25
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 18, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
108
CITY OF DUBLIN FISCAL YEAR 2024-25
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 and method of apportionment described in this Report utilize commonly accepted assessment engineering practices and have been calculated and proportionately spread to each parcel based on the special benefits received as approved by the City Council at the time the District was formed.

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

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

Compliance with the California Constitution
Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted:
“Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.”
109
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 INTRODUCTION 2 The City has determined that the annual assessments originally established for the District were for the maintenance and operation of streetlights within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre–existing assessment amount has been exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218.

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

Summary of District
A summary of the assessments to be levied for each property type are shown in the table below. The estimated expenditures are anticipated to exceed the projected revenues in Fiscal Years 2024-25 and 2025-26. Transfers from the available fund balance is anticipated to be required to pay the annual operation and maintenance costs in Fiscal Years 2024-25 and 2025-26. Should 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, this may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District.

Property Type Assessment Rate
Single Family Residential (SFR) $19.34 per Parcel
Condominium $19.34 per Parcel
Duplex, Multi
‐
Family Residential $38.68 per Parcel
Triplex, Multi
‐
Family Residential $58.02 per Parcel
Fourplex, Multi
‐
Family Residential $77.36 per Parcel
Apartments, Multi
‐
Family Residential $116.04 per Parcel
Commercial/Industrial/Institutional $106.37 per Acre
Vacant Commercial/Industrial/Institutional $53.18 per Acre Rural $9.67 per Parcel
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: ASSESSMENTS TO BE LEVIED
Street Lighting Maintenance District No. 1983-1
110
CITY OF DUBLIN FISCAL YEAR 2024-25
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 2024-25
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 16, 2024, 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 2024-25, 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.
111
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ENGINEER’S REPORT 4 The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

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

PART E: ASSESSMENT ROLL
This part contains an assessment of the estimated cost of the improvements apportioned to each benefited parcel of land within the District. The Assessment Roll is filed in the Office of the City Clerk of the City of Dublin and is incorporated in this Report. The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
112
CITY OF DUBLIN FISCAL YEAR 2024-25
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 improvements within the public right-of-way which provide special benefit to parcels and properties within the District.

As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following:
1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals.
2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements.
4) Incidental expenses associated with the improvements including, but not limited to:
a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment;
b) The costs of printing, advertising, and publishing, posting, and mailing of notices;
c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and,
f) Costs associated with any elections held for the approval of a new or increased assessment.
113
CITY OF DUBLIN FISCAL YEAR 2024-25
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 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. 114
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS 7 PART B

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

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

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

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

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

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

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

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

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

Improvements (Not Building) – The cost of improvements (not building) includes costs associated with the maintenance, construction, and rehabilitation of authorized improvements.
115
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS 8 Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above.

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

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

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

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

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

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

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts or such funds are needed to fund the annual operation and maintenance of the public improvements. The actual fund balances and expenditures for 116
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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 for the current fiscal year through the annual assessments (for special benefits). The Balance to Levy represents the sum of Total District (Direct and Administration) Costs, Reserve Fund Contributions or Transfers, Contributions from Other Revenue Sources, and the Contribution Replenishment (if any). Only those costs related to the improvements identified as conferring special benefits to property within the District are levied and collected on the tax roll.

The following page shows the cost estimates for Fiscal Year 2024-25 and 2025-26. 117
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STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 ESTIMATE OF COSTS 10 Fiscal Year 2024-25
Cost Estimate
Projected
Fiscal Year 2025-26
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 314,670 $ 314,670
Contributions from Other Revenue Sources $ 13,000 $ 13,000 Total District Revenues1 $ 327,670 $ 327,670

DISTRICT COSTS
Operating Supplies $ 20,000 $ 20,000
Contract with Alameda County $ 95,000 $ 95,000
California Street Light Association $ 1,100 $ 1,210
Utilities - Electricity $ 294,170 $ 308,879
Improvements (Not Building) $ - $ -
Miscellaneous $ - $ -
Legal Notices $ 610 $ 628
District Administration $ 7,061 $ 7,272
Public Works Administration $ - $ -
County Collection Fee $ 6,365 $ 6,556
Total District Costs $ 424,306 $ 439,545

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 7,619
Capital Improvement Fund Collection/(Transfer) $ (96,636) $ (119,494) Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ (96,636) $ (111,875) Balance to Levy $ 314,670 $ 314,670
Variance Between Estimated Assessment Revenues and Balance to Levy $ - $ - Total Assessment Revenue at Maximum Rate $ 314,670 $ 314,670 Variance above/(below) Maximum Assessment Revenue $ - $ -

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/24 and 7/1/25) $ 212,153 $ 212,153 Reserve Fund Adjustments $ - $ 7,619
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Operating Reserve Fund Balance (est. 6/30/25 and 6/30/26) $ 212,153 $ 219,772 Beginning Capital Improvement Fund Balance (est. 7/1/24 and 7/1/25) $ 448,851 $ 352,215 Capital Imporvement Fund Adjustments $ (96,636) $ (119,494) Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Ending Capital Improvement Fund Balance (est. 6/30/25 and 6/30/26) $ 352,215 $ 232,721 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.

Table 2: COST ESTIMATE
Street Lighting Maintenance District No. 1983-1
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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.
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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. 120
City of Dublin
Street Lighting Maintenance District No. 1983-1
Assessment Diagram
3,250 1,625 0 3,250 6,50
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Legend
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! LLAD 1983-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1983-1
Dublin Blvd
San Ramon Rd
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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 agencies for the purpose of providing certain public improvements which include the construction, maintenance and servicing of public lights, landscaping, and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 122
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STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 15 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

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

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

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

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

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
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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 adjacent larger parcel. The adjacent larger parcels, of which these "sliver" parcels are a part, are assessed at the residential rate Assessment Methodology
The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 Equivalent Dwelling Unit (EDU) since it represented more than 73% of the total parcels within the District.

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

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

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
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STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 17 Condominium Unit — (County land use 73) this land use identifies properties that are subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit.

Duplex, Multi-Family Residential — (County land use 22) this land use identifies properties that are developed for multi-family residential use and are assigned a factor of

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

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

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

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

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

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

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

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

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

This land use classification may include, but is not limited to, lots or parcels identified as vacant land that is a necessary part of an institutional property, improved governmentowned property, low income housing (secured P.I.’s only), golf courses, private schools, churches, lodge-halls, clubhouses, and other institutional properties. 125
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STREET LIGHTING MAINTENANCE DISTRICT No. 1983-1 METHOD OF APPORTIONMENT 18 Rural Property — (County land use 5x) this land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as rural residential 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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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, 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 2024-25.

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.
127
Landscape and Lighting
District No. 1983-2
Fiscal Year 2024-25
Final Engineer’s Report
May 7, 2024
Attachment 4
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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 ....................................................18 129
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF DUBLIN
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 1983-2
FISCAL YEAR 2024-25
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 18, 2024 By:

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

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

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

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

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

All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are in compliance with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996.
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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 within 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 services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID.

Summary of District
A summary of the assessments to be levied in Fiscal Year 2024-25 for each property type is shown in the table below.

Property Type Assessment Rate
Single Family Residential (SFR) $520.93 per Parcel
Multi Family Residential (MFR) $88.08 per Parcel/Unit
Exempt, Cemeteries, Common Open Space $0.00 per Parcel
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape and 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 2024-25
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 16, 2024, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1983-2 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

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

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, 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. 133
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ENGINEER’S REPORT 4 The lines and dimensions 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. 134
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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 limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
f. Electric current or energy, gas, or other agent for the lighting or operation of any other improvements; and
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; 135
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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. 136
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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 for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the fiscal year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year.

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

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

The following page shows the cost estimates for Fiscal Year 2024-25 and 2025-26. 138
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 ESTIMATE OF COSTS 9 Fiscal Year 2024-25
Cost Estimate
Projected
Fiscal Year 2025-26
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 126,846 $ 129,383
Contributions from Other Revenue Sources $ 7,000 $ 7,000 Total District Revenues1 $ 133,846 $ 136,383

DISTRICT COSTS
Maintenance - Landscape (MCE) $ 67,151 $ 69,165
Utilities - Electricity $ 1,978 $ 2,077
Utilities - Water $ 22,000 $ 23,100
Miscellaneous Expenses $ - $ -
Legal Notices $ 610 $ 628
District Administration $ 3,617 $ 3,726
Public Works Administration $ - $ -
County Collection Fee $ 1,870 $ 1,927
Total District Costs $ 97,226 $ 100,623

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 1,698
Capital Improvement Fund Collection/(Transfer) $ 36,620 $ 34,062 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 36,620 $ 35,760 Balance to Levy $ 126,846 $ 129,383
Variance Between Estimated Assessment Revenue and Balance to Levy $ - $ - Total Estimated Assessment Revenues at Maximum Rate2 $ 126,846 $ 129,383 Variance above/(below) Maximum Revenue $ - $ -

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/24 and 7/1/25) $ 48,613 $ 48,613 Reserve Fund Adjustments $ - $ 1,698
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Projected Operating Reserve Fund Balance at FY End (est. 6/30/25 and 6/30/26) $ 48,613 $ 50,311 Beginning Capital Improvement Fund Balance (est. 7/1/24 and 7/1/25) $ 280,882 $ 317,503 Capital Improvement Fund Adjustments $ 36,620 $ 34,062
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Project Capital Improvement Fund Balance at FY end (est. 6/30/25 and 6/30/26) $ 317,503 $ 351,565 1 Total District Revenues includes the estimated assessment revenues for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2025/26 was estimated to be equal to the FY 2024/25 Maximum Assessment Revenues and escalated by 2%.

TABLE 2: COST ESTIMATE
Landscape and 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 utilizing District funds in the upcoming fiscal years and thereafter as funds allow.

General Improvements: The City has identified the need for repairs to irrigation, 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. 141
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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 apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 143
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LANDSCAPE AND LIGHTING DISTRICT No. 1983-2 METHOD OF APPORTIONMENT 14 determined that the improvements and the ongoing maintenance, servicing and operation of those improvements provide no measurable general benefit to properties outside the District or to the public at large, but clearly provide distinct and special benefits to properties within the District.

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

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

The preceding special benefits contribute to the aesthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. Furthermore, it has been determined that the lack of funding to properly service and maintain the District improvements would have a negative impact on the properties within the District.
144
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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 that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City Parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate.

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

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

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

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

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s 145
CITY OF DUBLIN FISCAL YEAR 2024-25
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 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 2024-25.

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 2024-25 was determined based on the difference using the annual amount for calendar years 2023 and 2022. 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 2024-25.
146
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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 increase at the maximum amount allowable regardless of whether the increase is levied to the parcels within the District.

CPI for 2022 Calendar Year1 323.90
CPI for 2023 Calendar Year1 334.66
% Change in CPI - Increase 3.32%
Fiscal Year 2023/24 Maximum Rate per SFR - CPI Rate $357.03 Fiscal Year 2023/24 Maximum Rate per MFR - CPI Rate $60.37 Fiscal Year 2024/25 Maximum Rate per SFR - CPI Rate $368.90 Fiscal Year 2024/25 Maximum Rate per MFR - CPI Rate $62.38 Prior Year Maximum Utility Budget2 $37,020
Utility Budget for FY 2024/25 $23,978
% Change in Utilities Rate - Increase3 0.00%
Fiscal Year 2023/24 Maximum Rate per SFR - Utility Rate $152.03 Fiscal Year 2023/24 Maximum Rate per MFR - Utility Rate $25.71 Fiscal Year 2024/25 Maximum Rate per SFR - Utility Rate $152.03 Fiscal Year 2024/25 Maximum Rate per MFR - Utility Rate $25.71 Fiscal Year 2023/24 Maximum Assessment Rate per SFR $509.06 Fiscal Year 2023/24 Maximum Assessment Rate per MFR $86.08 Fiscal Year 2024/25 Maximum Assessment Rate per SFR4 $520.93 Fiscal Year 2024/25 Maximum Assessment Rate per MFR4 $88.08 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 2023/24 and FY 2024/25 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2024/25 Maximum CPI Rate + Maximum Utility Rate.

TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape and 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, 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 2024-25.

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.
148
Landscape and Lighting
District No. 1986-1
Fiscal Year 2024-25
Final Engineer’s Report
May 7, 2024
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 ....................................................17 150
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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 2024-25
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 18, 2024 By:

Eduardo 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 Index and the utility cost to increase according to the actual cost of utilities. 152
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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 2024-25 for each property type is shown in the table below.

Property Type EDU Factor
Single Family Residential (SFR) 1.00 per Parcel $314.83 per Parcel Multi Family Residential (MFR) 0.50 per Unit $157.42 per Unit Commercial 4.00 per Parcel $1,259.32 per Parcel
Exempt, Cemeteries, Common Open Space 0.00 per Parcel $0.00 per Parcel Assessment Rate
TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape and 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 2024-25
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 16, 2024, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1986-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II, which consists of five (5) parts as follows:

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

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, 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. 1986-1 ENGINEER’S REPORT 4 The lines and dimensions 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.
155
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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 illuminating agent for any public lighting facilities or for the lighting or operation of any other improvements.

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 156
CITY OF DUBLIN FISCAL YEAR 2024-25
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 balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

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

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

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

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

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

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

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

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

County Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total levy amount.
157
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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 fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

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

The following page shows the cost estimates for Fiscal Year 2024-25 and 2025-26. 158
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LANDSCAPE AND LIGHTING DISTRICT No. 1986-1 ESTIMATE OF COSTS 8 Fiscal Year 2024-25
Cost Estimate
Projected
Fiscal Year 2025-26
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 205,114 $ 209,217
Contributions from Other Revenue Sources $ 10,000 $ 10,000 Total District Revenues1 $ 215,114 $ 219,217

DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) $ 49,112 $ 50,586 Utilities - Electricity $ 2,500 $ 2,625
Utilities - Water $ 50,000 $ 52,500
Miscellaneous Expenses $ - $ -
Legal Notices $ 610 $ 628
District Administration $ 3,617 $ 3,726
Public Works Administration $ - $ -
County Collection Fee $ 3,024 $ 3,115
Total District Costs $ 108,863 $ 113,180

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 2,158
Capital Improvement Fund Collection/(Transfer) $ 106,251 $ 103,878 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 106,251 $ 106,037 Balance to Levy $ 205,114 $ 209,217
Variance Between Estimated Assessment Revenue and Balance to Levy $ - $ - Total Estimated Assessment Revenues at Maximum Rate2 $ 205,114 $ 209,217 Variance above/(below) Maximum Revenue $ - $ -

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/24 and 7/1/25) $ 54,432 $ 54,432 Reserve Fund Adjustments $ - $ 2,158
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Projected Operating Reserve Fund Balance at FY End (est. 6/30/25 and 6/30/26) $ 54,432 $ 56,590 Beginning Capital Improvement Fund Balance (est. 7/1/24 and 7/1/25) $ 634,435 $ 740,686 Capital Improvement Fund Adjustments $ 106,251 $ 103,878 Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Project Capital Improvement Fund Balance at FY end (est. 6/30/25 and 6/30/26) $ 740,686 $ 844,564 1 Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2025/26 was estimated to be equal to the FY 2024/25 Maximum Assessment Revenues and escalated by 2%.

Table 2: COST ESTIMATE
Landscape and 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 project’s costs associated with Alamo Creek Park fencing are not funded by the District, but are 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. 161
City of Dublin
Landscape and Lighting District No. 1986-1
Assessment Diagram
Willow Creek Dr
D
Ougherty Rd
Amador Valley Blvd
Fall Creek Rd
¯ 0 320 640 1,280
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 assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

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

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District, and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been determined that the improvements and the ongoing maintenance, servicing and 163
CITY OF DUBLIN FISCAL YEAR 2024-25
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 parcels by moderating temperatures, providing oxygenation, and attenuating noise.

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

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

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

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

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the District’s annual fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2024-25.

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

Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2024-25 was determined based on the difference using the annual amount for calendar years 2023 and 2022. 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 2024-25.
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CITY OF DUBLIN FISCAL YEAR 2024-25
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 amount allowable regardless of whether the increase is levied to the parcels within the District.

CPI for 2022 Calendar Year1 323.90
CPI for 2023 Calendar Year1 334.66
% Change in CPI - Increase 3.32%
Fiscal Year 2023/24 Maximum Rate per EDU - CPI Rate $181.11 Fiscal Year 2024/25 Maximum Rate per EDU - CPI Rate $187.12 Prior Year Maximum Utility Budget2 $83,200
Utility Budget for FY 2024/25 $52,500
% Change in Utility Rate - Increase3 0.000%
Fiscal Year 2023/24 Maximum Rate per EDU - Utility Rate $127.71 Fiscal Year 2024/25 Maximum Rate per EDU - Utility Rate $127.71 Fiscal Year 2023/24 Maximum Assessment Rate per EDU $308.82 Fiscal Year 2024/25 Maximum Assessment Rate per EDU4 $314.83 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The Fiscal Year 2017/18 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the Fiscal Year 2023/24 and FY 2024/25 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the FY 2024/25 Maximum CPI Rate + Maximum Utility Rate.

TABLE 4: MAXIMUM ASSESSMENT RATE
Landscape and Lighting District No. 1986-1
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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, 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 2024-25.

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.
168
Landscape and Lighting
District No. 1997-1
Fiscal Year 2024-25
Final Engineer’s Report
May 7, 2024
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 ....................................................19 170
CITY OF DUBLIN FISCAL YEAR 2024-25
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 CERTIFICATE
ii

ENGINEER'S REPORT

CITY OF DUBLIN
LANDSCAPE AND LIGHTING DISTRICT NO. 1997-1
FISCAL YEAR 2024-25
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 18, 2024 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 and utility costs for the Santa Rita development area, also known as Emerald Park. The total District area is approximately 422 developed acres bounded by Arnold Road on the west, Gleason Drive on the north, Tassajara Road on the east, and Interstate 580 on the south. A diagram of the District is included within this report.

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

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

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

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

Any future increase in the assessment rate in excess of the maximum allowable rate or substantial changes in the services provided would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner pursuant to the provisions of the California Constitution Article XIIID. 172
CITY OF DUBLIN FISCAL YEAR 2024-25
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 INTRODUCTION 2 Summary of District
A summary of the assessments to be levied in Fiscal Year 2024-25 for each property type is shown in the table below.

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

TABLE 1: SUMMARY OF PROPOSED ASSESSMENTS
Landscape and 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 2024-25
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 16, 2024, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Landscape and Lighting District No. 1997-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this, Section II (Engineer’s Report), which consists of five (5) parts as follows:

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

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, 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 dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3. The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a. Repair, removal, or replacement of all or any part of any improvements; b. Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities;
c. Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury;
d. The removal of trimmings, rubbish, debris, and other solid waste; e. The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti;
176
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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; and
g. Water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.

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

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

Drawings showing the specific locations of the improvements are on file in the City’s Public Works Department and are made a part of this report by reference. 177
CITY OF DUBLIN FISCAL YEAR 2024-25
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 fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund.

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

The following page shows the cost estimates for Fiscal Year 2024-25 and 2025-26. 179
CITY OF DUBLIN FISCAL YEAR 2024-25
LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 ESTIMATE OF COSTS 9 Fiscal Year 2024-25
Cost Estimate
Projected
Fiscal Year 2025-26
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 380,680 $ 388,294
Contributions from Other Revenue Sources $ 26,000 $ 26,000 Total District Revenues1 $ 406,680 $ 414,294

DISTRICT COSTS
Maintenance - Landscape (MCE Base Amount) $ 234,456 $ 241,489 Maintenance - Landscape (MCE Additional) $ - $ -
Utilities - Electricity $ 1,035 $ 1,087
Utilities - Water $ 100,000 $ 105,000
EBRPD Annual Trail Maintenance Fee $ 16,000 $ 17,600
Legal Notices $ 610 $ 628
District Administration $ 3,620 $ 3,726
Public Works Administration $ - $ -
County Collection Fee $ 7,426 $ 7,649
Total District Costs $ 363,147 $ 377,179

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Collection/(Transfer) $ - $ 7,016
Capital Improvement Fund Collection/(Transfer) $ 43,533 $ 30,098 Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ 43,533 $ 37,114 Balance to Levy $ 380,680 $ 388,294
Variance Between Estimated Assessment Revenue and Balance to Levy $ - $ - Total Estimated Assessment Revenues at Maximum Rate2 $ 729,443 $ 744,032 Variance above/(below) Maximum Revenue $ (348,763) $ (355,738)

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/24 and 7/21/25) $ 181,573 $ 181,573 Reserve Fund Adjustment $ - $ 7,016
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Projected Operating Reserve Fund Balance at FY End (est. 6/30/25 and 6/30/26) $ 181,573 $ 188,590 Beginning Capital Imrpovement Fund Balance (est. 7/1/24 and 7/1/25) $ 1,164,697 $ 1,208,230 Capital Improvement Fund Adjustments $ 43,533 $ 30,098
Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Project Capital Imrpovement Fund Balance at FY end (est. 6/30/25 and 6/30/26) $ 1,208,230 $ 1,238,328 1 Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2025/26 was estimated to be equal to the FY 2024/25 Maximum Assessment Revenues and escalated by 2%.

Table 2: COST ESTIMATE
Landscape and 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 utilizing District funds in the upcoming fiscal year and thereafter.

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

Persimmon Drive Asphalt Path Rehabilitation: The City has identified the need for rehabilitation of the asphalt trail adjacent to Persimmon Drive. 181
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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 incorporated by reference herein and made part of this Report.

A reduced copy of the Assessment Diagram is shown on the following page. 182
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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 assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

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

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 184
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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 of those properties enhanced by the presence of well–maintained landscaping in close proximity to those properties.

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

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

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

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

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

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

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

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

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

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

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

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

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

Commercial (including retail, office, and industrial uses, as well as apartment properties) are assessed based on the per acre figure of $903.85 multiplied by the number of acres per individual lot for Fiscal Year 2024-25.

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

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

The Index is to be applied annually to the prior year’s maximum CPI Rate for each development/property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each development/property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each development/property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2024-25.

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 187
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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 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 2024-25 was determined based on the difference using the annual amount for calendar years 2023 and 2022. 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 2024-25.

CPI for 2022 Calendar Year1 323.900
CPI for 2023 Calendar Year1 334.662
% Change in CPI - Increase 3.32%
Fiscal Year 2023/24 Maximum Rate per Acre - CPI Rate $1,392.19 Fiscal Year 2024/25 Maximum Rate per Acre - CPI Rate $1,438.45 Prior Year Maximum Utility Budget2 $122,616
Utility Budget for FY 2024/25 $101,035
% Change in Utilities Rate - Increase3 0.000%
Fiscal Year 2023/24 Maximum Rate per Acre - Utility Rate $293.46 Fiscal Year 2024/25 Maximum Rate per Acre - Utility Rate $293.46 Fiscal Year 2023/24 Maximum Assessment Rate per Acre $1,685.65 Fiscal Year 2024/25 Maximum Assessment Rate per Acre4 $1,731.91 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The Fiscal Year 2023/24 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 Fiscal Year 2024/25 Maximum CPI Rate + Maximum Utility Rate.

TABLE 3: MAXIMUM ASSESSMENT RATE
Landscape and 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 amount allowable regardless of whether the increase is levied to the parcels within the District.
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LANDSCAPE AND LIGHTING DISTRICT No. 1997-1 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, 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 2024-25.

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.
190
Street Lighting
District No. 1999-1
Fiscal Year 2024-25
Final Engineer’s Report
May 7, 2024
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 ....................................................18 192
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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 2024-25
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 18, 2024 By:

Eduardo Espinoza, P.E.

RCE # 83709
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STREET LIGHTING DISTRICT No. 1999-1 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 District No. 1999-1 (“District”) to maintain the public street lighting improvements within the District.

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

General Description of the District
The District was initially formed in 1999 to provide a dedicated source of funding for the ongoing maintenance of public street lighting improvements within the boundaries of the Dublin Ranch development (excluding the golf course). Tract 7067, which is the Clifden Parc development off Mountain Rise Place in the western hills of the City was annexed to the District in 2000, and Dublin Ranch Areas A and G were annexed in 2001. The remaining portions of Dublin Ranch, including areas B, C, F and H were annexed to the District in December 2005. Fallon Village (Tract 7586) was annexed to the District in 2007, and Jordan Ranch (Tract 8024, 8073 & 8074) was annexed to the District in 2011. Tract 8102, which is the Tassajara Hills Phase 1 development was annexed to the District in 2017. Tract 8563, which is the Francis Ranch development, was annexed to the District in 2023. One reason for the formation of the District was that a special decorative lighting fixture was designed and installed throughout the area to create a community element as part of the development. A Diagram showing the exterior boundaries of the District is provided within this Report.

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

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

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

The formation of this District was initiated by petition from the developer, and the City has determined it is compliant with the substantive and procedural requirements of Proposition 218 and the 1972 Act. At the time the District was formed, the property owners agreed to the inclusion of a formula for increasing assessments for each fiscal year to offset increases due to inflation as described in the assessment methodology. 194
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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 2024-25 for each property type is shown in the table below.

Property Type EDU Factor Assessment Rate
Single Family Residential (SFR) 1.00 per Parcel $41.57 per Parcel Commercial 5.50 per Acre $228.62 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 2024-25
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 16, 2024, I, Eduardo Espinoza, the duly appointed Engineer of Work, Assessment Engineer for the City of Dublin Street Lighting Maintenance District No. 1999-1 (the “District”) submit the following Report, consisting of Section I (Introduction), and this Section II (Engineer’s Report), which consists of five (5) parts as follows:

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

PART B: ESTIMATE OF COST
This part contains an estimate of the cost of the proposed improvements to be maintained for Fiscal Year 2024-25, 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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STREET LIGHTING DISTRICT No. 1999-1 ENGINEER’S REPORT
4 The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report.

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

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

The list is keyed to the records of the Alameda County Assessor, which are incorporated herein by reference.
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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 improvements within the public rights-of-way and within public easements within private streets which provide special benefit to parcels and properties within the District.

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

In Fiscal Year 2012-13, 321 streetlights in the District were retrofitted with new light emitting diode (LED) fixtures. The total construction cost for these improvements was $283,800. As part of this retrofit, the district received a one–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 limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities.
3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to:
a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, paving, or water, irrigation, drainage, or electrical facilities;
c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; and
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 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. 199
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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 balance, and the projected contribution/(transfer) based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for the next two (2) fiscal years.

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

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

Contract with Alameda County – The cost of street light maintenance provided by 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 property tax bills. Alameda County charges 1.7% of the total levy amount.

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

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

Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts 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 2024-25 and 2025-26. 201
CITY OF DUBLIN FISCAL YEAR 2024-25
STREET LIGHTING DISTRICT No. 1999-1 ESTIMATE OF COSTS
9 Fiscal Year 2024-25
Cost Estimate
Projected
Fiscal Year 2025-26
Cost Estimate

DISTRICT REVENUES
Estimated Assessment Revenues $ 370,146 $ 377,548
Contributions from Other Revenue Sources $ 7,000 $ 7,000 Total District Revenues1 $ 377,146 $ 384,548

DISTRICT COSTS
Operating Supplies $ 30,000 $ 30,000
Contract with Alameda County $ 80,000 $ 84,000
California Street Light Association $ 440 $ 484
Utilities - Electricity $ 276,000 $ 289,800
Miscellaneous Expenses $ - $ -
Legal Notices $ 610 $ 628
District Administration $ 4,120 $ 4,244
Public Works Administration $ - $ -
County Collection Fee $ 6,259 $ 6,447
Total District Costs $ 397,429 $ 415,603

MISCELLANEOUS COSTS AND COLLECTIONS/(CREDITS) APPLIED TO LEVY Reserve Fund Collection/(Transfer) $ - $ 9,087
Capital Improvement Fund Collection/(Transfer) $ (20,283) $ (40,141) Total Miscellaneous Costs and Collections/(Credits) Applied to Levy $ (20,283) $ (31,054) Balance to Levy $ 370,146 $ 377,548
Variance Between Estimated Assessment Revenue and Balance to Levy $ - $ - Total Estimated Assessment Revenues at Maximum Rate2 $ 709,815 $ 724,011 Variance above/(below) Maximum Revenue $ (339,670) $ (346,463)

FUND BALANCE INFORMATION
Beginning Operating Reserve Fund Balance (est. 7/1/24 and 7/1/25) $ 198,715 $ 198,715 Reserve Fund Adjustment $ - $ 9,087
Transfer From/(To) Capital Improvement Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Projected Operating Reserve Fund Balance at FY End (est. 6/30/25 and 6/30/26) $ 198,715 $ 207,801 Beginning Capital Improvement Fund Balance (est. 7/1/24 and 7/1/25) $ 376,065 $ 313,781 Capital Improvement Fund Adjustments $ (20,283) $ (40,141) LED Conversions/Special Projects $ - $ -
Transfer Out for Capital Improvement Projects3 $ (42,000) $ (42,000) Transfer From/(To) Reserve Fund $ - $ -
Prior/Penalties/Public Damage $ - $ -
Interest $ - $ -
Project Capital Improvement Fund Balance at FY end (est. 6/30/25 and 6/30/26) $ 313,781 $ 231,640 1 Total District Revenues includes the estimated assessment revenue for each fiscal year and contributions from other revenue sources such as interest earnings, etc.
2 The Maximum Assessment Revenue for Fiscal Year (FY) 2025/26 was estimated to be equal to the FY 2024/25 Maximum Assessment Revenues and escalated by 2%.
3 The City intends to utilize the CIF Balance for the painting of streetlight poles throughout the District.

Table 2: COST ESTIMATE
Street Lighting District No. 1999-1
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CITY OF DUBLIN FISCAL YEAR 2024-25
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 utilizing District funds in the upcoming fiscal year and thereafter.

Streetlight Pole Painting: The City has identified the need for painting of streetlight poles within the District for Fiscal Year 2024-25 and Fiscal Year 2025-26.

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. 203
CITY OF DUBLIN FISCAL YEAR 2024-25
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. 204
City of Dublin
Street Lighting District No. 1999-1
Assessment Diagram
¯ 0 1,000 2,000 4,000
Feet
0 100 200 400 600
Feet
Dublin Blvd
Central Pkwy Fallon Rd
Fal ol n Rd
Gleason Dr Poitano Pkwy
Legend
! ! !
! ! LLAD 1999-1 Boundary
City Limit
Parcel Lines
Parcels within LLAD 1999-1
Mountain
Ga wl ay Ct
Inspiration Cir
Clifden Ct
Rise Pl
Tract 7067 Tract 8102
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CITY OF DUBLIN FISCAL YEAR 2024-25
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 apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in the District therefore reflects the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on estimated benefit to each parcel. In addition, pursuant to Article XIIID Section 4:
“No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and an agency shall separate the general benefits from the special benefits conferred on a parcel.”
Benefit Analysis
Each of the improvements have been carefully reviewed by the City and the corresponding assessments have been proportionately spread to each parcel based on special benefits received from the improvements as determined at the time the District was established.

General Benefits — In reviewing each of the District improvements, the proximity of those improvements to both properties within the District and those outside the District, as well as the reasons for installing and constructing such improvements, it is evident that the improvements are solely the result of developing properties within the District and the ongoing maintenance and operation of these improvements will directly affect the properties within the District. Although the improvements include public areas, easements, rights-of-way, and other amenities available or visible to the public at large, the construction and installation of these improvements were only necessary for the development of properties within the District and were not required, nor necessarily desired by any properties or developments outside the District boundary and any public access or use of the improvements by others is incidental. Therefore, it has been 206
CITY OF DUBLIN FISCAL YEAR 2024-25
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 facilities are for the convenience, safety, and security of property, improvements, and goods. Specifically:
1) Enhanced deterrence of crime and to aid police protection. 2) Increased nighttime safety on roads, streets, and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property.
5) Reduced vandalism and other criminal acts and damage to improvements or property.
6) Improved traffic circulation and reduced nighttime accidents and personal property loss.

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

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

Non-Assessable Properties — Within the boundaries of the District, there are several types of properties that are considered to receive no special benefit from the District improvements and are therefore not assessed. These parcels include:
1) Publicly owned parcels that are reserved as public open space or are developed as City parks for active recreation and are maintained and serviced by the District; 2) Publicly owned wetland parcels;
3) Certain public utility parcels;
4) Privately owned open space parcels; and
5) Privately owned "sliver" parcels that have resulted from a lot line adjustment with an adjacent larger parcel. The adjacent larger parcel, of which these "sliver" parcels are a part, are assessed at the residential rate. 207
CITY OF DUBLIN FISCAL YEAR 2024-25
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 establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single-family residential parcel is assigned 1.00 EDU since it represented more than 85% of the total parcels within the District.

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

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

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

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

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.

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
208
CITY OF DUBLIN FISCAL YEAR 2024-25
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 shall be increased each fiscal year in an amount equal to the annual percentage increase of the local San FranciscoOakland-San Jose Area Consumer Price Index (“Index”) for “All Urban Wage Earners and Clerical Workers” which is applied to all costs except utilities (water and electricity), plus the actual percentage increase in utility costs (collectively, “Annual Escalation Factor”).

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

The Index is to be applied annually to the prior year’s maximum CPI Rate for each property type to pay for all costs except utilities. The maximum Utility Rate was established to pay for all utility costs for each property type and is to be increased annually by the percentage change in the budgeted amount for utilities as shown in the annual District’s fiscal year Engineer’s Reports. The increase in utility costs shall be calculated by taking the upcoming fiscal year’s budgeted amount for utilities and subtracting the District’s previous highest yearly budgeted amount for utilities. This difference is used to calculate the annual increase in the Utility Rate for each property type. The combination of the maximum CPI Rate and maximum Utility Rate (collectively, “Maximum Assessment Rate”) shall equal the Maximum Assessment Rate for the upcoming fiscal year. Please see Table 3 for details regarding the Maximum Assessment Rate for Fiscal Year 2024-25.

The timing of the annual percentage increase of the Index was changed beginning in 2018 and for each year thereafter for administrative purposes, to ensure the City is allowed the time necessary to have all annual documents prepared and approved by the City Council by June of each year, and to meet both County submittal and statutory requirements. Each fiscal year starting in 2018, the City shall identify the annual percentage difference in the Index between the most recent calendar year and that of the prior calendar year; more specifically, the annual percentage change used to escalate the prior year’s assessment rates for Fiscal Year 2024-25 was determined based on the difference using the annual amount for calendar years 2023 and 2022. Should the 209
CITY OF DUBLIN FISCAL YEAR 2024-25
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 2024-25.

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 2022 Calendar Year1 323.900
CPI for 2023 Calendar Year1 334.662
% Change in CPI - Increase 3.32%
Fiscal Year 2023/24 Maximum Rate per EDU - CPI Rate $43.90 Fiscal Year 2024/25 Maximum Rate per EDU - CPI Rate $45.36 Prior Year Maximum Utility Budget2 $183,600
Utility Budget for FY 2024/25 $276,000
% Change in Utility Rate - Increase3 50.327%
Fiscal Year 2023/24 Maximum Rate per EDU - Utility Rate $22.85 Fiscal Year 2024/25 Maximum Rate per EDU - Utility Rate $34.36 Fiscal Year 2023/24 Maximum Assessment Rate per EDU $66.75 Fiscal Year 2024/25 Maximum Assessment Rate per EDU4 $79.71 1 CPI is based off of the All Urban Wage Earners and Clerical Workers. 2 The Fiscal Year 2021/22 Budget Amount for Utilities was the previous highest amount budgeted for utility costs.
3 Equals the % difference between the Fiscal Year 2023/24 and FY 2024/25 Maximum Utility Rate. If the Utility Budget does not increase, no increase will be realized.
4 Equals the Fiscal Year 2024/25 Maximum CPI Rate + Maximum Utility Rate.

TABLE 4: MAXIMUM ASSESSMENT RATE
Street Lighting District No. 1999-1
210
CITY OF DUBLIN FISCAL YEAR 2024-25
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 2024-25.

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.
211
Public Hearing
Assessment Districts
May 7, 2024
212
Background
• April 16, 2024 – City Council set the public hearing for May 7, 2024. • Public Notice was posted at City Hall and published in The East Bay Times. • Public Notice and the FY2024-25 Engineer’s Reports were posted on the City’s website.
• Postcards were sent to property owners in Districts 1983-2 and1986-1. • Public Response – None
213
Street Lighting Maintenance District No. 1983-1
• Funds maintenance and servicing 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. • Capital Improvement Funds Collected are estimated to decrease by $96,636 which reduced the Fund Balance to $352,215.
• The Fund Balance is used to replace streetlights at the end of their service life or were damaged in automobile accidents.
214
Landscape and Lighting District No. 1983-2
• Maintains Tract 4719 roadway landscaping adjacent to Stagecoach Road. • Maximum assessments increased to $520.93 for single family homes, and $88.08 for a multifamily residences.
• Capital Improvement Funds Collected are estimated to increase by $36,620 bringing the Fund Balance up to $317,503.
• The Fund Balance and the additional revenue from the rate increase fund general improvements, such as:
– Repairs to irrigation, which fall outside the scope of regular maintenance budget. 215
Landscape and Lighting District No. 1986-1
• Maintains landscaping, fences, and sound walls in the residential area west of Dougherty Road and north of Amador Valley Boulevard. • Maximum assessments increased to $314.83 per single family homes, $157.42 for apartments, and $1,259.32 for commercial lots. • Capital Improvement Funds Collected are estimated to increase by $73,317 bringing the Fund Balance up to $296,552.
• The Fund Balance and additional revenue from the rate increase fund:
– Planting needs, sidewalk repairs, and fence replacements. 216
Landscape and Lighting District No. 1997-1
• Funds street side landscape (not median landscaping) and utility costs for the Santa Rita development area, bounded by I-580, Tassajara Road, Gleason Drive and Arnold Road. • The FY24-25 budget proposes no increase to assessment rates. Depending on density, residential assessments vary between $53.43 to $216.24 per unit, and $903.85 per acre for retail, office, and industrial parcels.
• Maximum assessments increased to $1,731.91 per acre.
• Capital Improvement Funds Collected are estimated to increase by $43,533, bringing the Fund Balance up to $1,208,230.
• Fund Balance is used for minor sound wall repairs, pavement/trail repairs at Tassajara Creek, and the Persimmon Drive Pedestrian Path Rehabilitation CIP Project. 217
Street Lighting District No. 1999-1
• Funds maintenance of public street lighting improvements, including decorative light fixtures, in Dublin Ranch, Fallon Village, Jordan Ranch, and Clifden Park developments. • Proposed assessments will increase to $41.57 per single family residence, $228.62 per acre for commercial use
• Maximum assessments increased to $79.71 per dwelling unit. • Capital Improvement Funds collected are estimated to decrease by $20,283 and $42,000 will be transferred out for projects, bringing the Fund Balance to $313,781. • Fund Balance will be utilized for the repair/replacement of improvements and the following projects:
– Streetlight Pole Painting – Identified the need for painting streetlight poles – Citywide Energy Improvements – Upgrade streetlights to LED technology 218
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
219
Next Steps
• August 2024 – City files assessment roll with the Alameda County Auditor/Controller for inclusion on the property tax roll for Fiscal Year 2024-25 Fiscal Year 2025-26 Draft Schedule
• January/February 2025 – Council directs preparation of Fiscal Year 2025-26 Engineer’s Report for all five assessment districts
• April 2025 – Council considers Preliminary Engineer’s Report and sets Public Hearing • May 2025 – Council conducts Public Hearing, approves Engineer’s Report, and orders the levy of assessments
220

STAFF REPORT

CITY COUNCIL