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HomeMy WebLinkAbout*May 4, 2021 Regular Council Meeting Agenda PacketCOUNCILMEMBERS Melissa Hernandez, Mayor Shawn Kumagai, Vice Mayor Jean Josey, Councilmember Sherry Hu, Councilmember Michael McCorriston, Councilmember Council Chamber Dublin Civic Center 100 Civic Plaza Dublin, CA 94568 www.dublin.ca.gov Regular Meeting of the DUBLIN CITY COUNCIL REGULAR MEETING Tuesday, May 4, 2021 Location: Electronic Methods Meeting Procedure During Coronavirus (COVID-19) Outbreak: In keeping with the guidelines provided by the State of California and Alameda County Department of Public Health regarding gatherings during the coronavirus (COVID-19) outbreak, and recommendations to follow social distancing procedures, the City of Dublin will adopt the following practices during upcoming City Council meetings: The Dublin City Council will hold the meetings remotely via Zoom Video Communications. Per normal practice, the meeting will be livestreamed and available at www.TV30.org for viewing and also broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be available on City’s website: http://dublinca.iqm2.com/Citizens/default.aspx Online speaker slips will be available at www.dublin.ca.gov, and the public will be able to call in using a computer/or smart phone via a link which will be provided following submission of a speaker slip. A telephonic option will also be available. Once connected, the public speaker will be connected to the Zoom webinar as an attendee and muted. The speaker will be able to see the meeting from inside Zoom. When the agenda item upon which the individual would like to comment is addressed, the speaker will be announced in the meeting when it is his/her time to speak to the City Council. The speaker will then be unmuted for comment. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.REPORT ON CLOSED SESSION 3.ORAL COMMUNICATIONS Regular Meeting 7:00 PM May 04, 2021 Dublin City Council Regular Meeting Agenda 1 3.1 Presentation on SeeClickFix The City Council will receive a presentation on SeeClickFix, the City’s new software application that provides online access to public issue reporting. The application will go live May 5, 2021. STAFF RECOMMENDATION: Receive the presentation. Staff Report - SeeClickFix Presentation Item 3.1 - PowerPoint Presentation 3.2 Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). 4.CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1 Approval of the April 20, 2021 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 20, 2021 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 20, 2021 Regular City Council meeting. Staff Report - Approval of Minutes Attachment 1 - April 20, 2021 Regular City Council Meeting Minutes 4.2 City Proclamations for the Month of May The City Council will consider the following proclamations for the month of May in the City of Dublin: National Public Works Week, Affordable Housing Week, National Lupus Awareness Month, National Mental Health Awareness Month, National Physical Fitness and Sports Month, National Building Safety Month, National Foster Care Month, Older Americans Month, Jewish American Heritage Month, Asian American and Pacific Islander Heritage Month, and Bike Month and Bike to Wherever Day. STAFF RECOMMENDATION: Approve the proclamations. Staff Report - Proclamations for the Month of May Attachment 1 - National Public Works Week Proclamation Attachment 2 - Affordable Housing Week Proclamation Attachment 3 - Lupus Awareness Month Proclamation Attachment 4 - Mental Health Awareness Month Proclamation May 04, 2021 Dublin City Council Regular Meeting Agenda 2 Attachment 5 - Physical Fitness and Sports Month Proclamation Attachment 6 - Building Safety Month Proclamation Attachment 7 - Foster Care Month Proclamation Attachment 8 - Older Americans Month Proclamation Attachment 9 - Jewish American Heritage Month Proclamation Attachment 10 - Asian American and Pacific Islander Heritage Month Proclamation Attachment 11 - Bike Month and Bike to Wherever Day Proclamation 4.3 Amendment to the Agreement with Western Pacific Signal, LLC The City Council will consider a second amendment to the agreement with Western Pacific Signal, LLC, to extend the agreement term and to increase the not-to-exceed compensation amount for traffic signal operations and signal communication upgrades. STAFF RECOMMENDATION: Adopt the Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC. Staff Report - Second Amendment to Agreement with Western Pacific Signal, LLC. Attachment 1 - Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC Attachment 2 - Exhibit A to the Resolution - Amendment #2 to the Agreement Attachment 3 - Resolution 90-18 Attachment 4 - Resolution 117-19 4.4 Delegating Approving Authority for Procurement of Police Vehicle Maintenance The City Council will consider delegating authority to the City Manager to approve purchases associated with vehicle maintenance that exceed the $45,000 threshold for Fiscal Year 2020- 21. The Dublin Police vehicle fleet has needed increased maintenance and delegating the purchasing authority to the City Manager will facilitate these procurements for the remainder of this Fiscal Year. STAFF RECOMMENDATION: Adopt the Resolution Delegating Authority to the City Manager for Procurements Associated with Vehicle Maintenance that Exceed $45,000 for Fiscal Year 2020-21. Staff Report - Procurement of Police Vehicle Maintenance Attachment 1 - Resolution Delegating Authority to the City Manager for Procurements Associated with Vehicle Maintenance that Exceed $45,000 for Fiscal Year 2020-21 4.5 Contract Change Order Authorization for the Civic Center HVAC and Roof Replacement Project The City Council will consider increasing the contract change order authority of the City Manager for the Civic Center HVAC and Roof Replacement Project, to allow the contractor, ADC Construction Management, Inc., to furnish and install additional hot water piping and a heating boiler, modify the Civic Center to accommodate the HVAC system, and supply the future Cultural Arts Center with hot water heating. STAFF RECOMMENDATION: May 04, 2021 Dublin City Council Regular Meeting Agenda 3 Adopt the Resolution Authorizing the City Manager to Approve Contract Change Orders with ADC Construction Management, Inc. for the Civic Center HVAC and Roof Replacement Project, CIP No. GI0119. Staff Report - Civic Center HVAC and Roof Replacement Project Change Order Attachment 1 - Resolution Authorizing the City Manager to Approve Contract Change Orders with ADC Construction Management, Inc. for the Civic Center HVAC and Roof Replacement Project, CIP NO. GI0119 Attachment 2 - Resolution No. 75-20 Approving a Design Builder Agreement to ADC Construction Management Inc Attachment 3 - CIP GI0119 Attachment 4 - CIP GI0120 4.6 Agreement with Francisco & Associates, Inc. for Acquisition Audit Services for Community Facilities District and Annual Administration Services for Various Financing Districts The City Council will consider approving an agreement with Francisco & Associates, Inc. for acquisition audit services for community facilities district and annual administration services for various financing districts. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services. Staff Report - Agreement with Francisco & Associates, Inc. Attachment 1 - Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit and Administration Services Attachment 2 - Exhibit A to the Resolution – Consulting Services Agreement with Francisco & Associates, Inc. Attachment 3 - RFQ for Acquisition Audit and Administration Services Attachment 4 - Proposal from Francisco & Associates, Inc. 4.7 Acceptance of Work – Project No. PK0518, Imagine Playground at Dublin Sports Grounds Project The City Council will consider the acceptance of the Imagine Playground at Dublin Sports Grounds project, CIP No. PK0518. The project generally included an all-abilities playground, parking lot improvements, lighting, picnic areas, site amenities, landscaping, safety surfacing, and a pre-engineered concession/restroom building. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Imagine Playground at Dublin Sports Grounds Project, CIP No. PK0518. Staff Report - Acceptance of Work – Project No. PK0518 Attachment 1 - Resolution Accepting the Imagine Playground at Dublin Sports Grounds, CIP No. PK0518 May 04, 2021 Dublin City Council Regular Meeting Agenda 4 4.8 Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code The City Council will consider amending the current Conflict of Interest Code to update the list of designated positions that must file a Statement of Economic Interests (Form 700). STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code. Staff Report - Conflict of Interest Code Attachment 1 - Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code 5.WRITTEN COMMUNICATION 6.PUBLIC HEARING 7.UNFINISHED BUSINESS 8.NEW BUSINESS 8.1 California Statewide Communities Development Authority Middle-Income Rental Housing Program The City Council will consider whether to join the Community Improvement Authority, which is an affiliate of the California Statewide Communities Development Authority (CSCDA). The Authority supports the issuance of bonds for the production, preservation, and protection of middle-income rental housing. The Authority proposes to acquire the Waterford Place Apartments located at 4800 Tassajara Boulevard for that purpose. More specifically, the City Council will consider authorizing the City to become an Additional Member of the Authority, approving the form of a Public Benefit Agreement, and approving the issuance of bonds for the acquisition of the Waterford Place Apartments. STAFF RECOMMENDATION: Receive the presentation and provide direction on joining the Authority. If the City Council wishes to join the Authority, adopt the Resolution Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, and the Form of a Public Benefit Agreement; and Approving the Issuance of Revenue Bonds by the Authority for the Purpose of Financing the Acquisition of the Waterford Place Apartments. Staff Report - California Statewide Communities Development Authority Attachment 1 - Resolution Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority Attachment 2 - Joint Exercise of Powers Agreement Attachment 3 - Proposed Form of Public Benefit Agreement Item 8.1 - PowerPoint Presentation 8.2 Report on California Senate Bill 1383, Short-Lived Climate Pollutants Requirements The City Council will receive a report on the requirements imposed on local agencies through the final rulemaking for California Senate Bill 1383, Short-Lived Climate Pollutants. Final rulemaking was issued in November 2020 and includes mandates for waste reduction and diversion, materials procurement, enforcement, and record keeping. STAFF RECOMMENDATION: May 04, 2021 Dublin City Council Regular Meeting Agenda 5 Receive the report. Staff Report - Report on California Senate Bill 1383 Attachment 1 - Resolution 73-19 to Opt-In to the Alameda County Waste Management Authority Mandatory Recycling Ordinance Phase II Attachment 2 - June 16, 202 Staff Report - Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC Attachment 3 - SB 1383 Dublin Comment Letters.pdf Attachment 4 - December 17, 2019 Staff Report - Input on Climate Action Plan Update Item 8.2 - PowerPoint Presentation 8.3 Transportation Program Update The City Council will receive a report on transportation planning projects, traffic operations, and ongoing efforts to improve and enhance the City of Dublin transportation network. STAFF RECOMMENDATION: Receive the report. Staff Report - Transportation Program Update Attachment 1 - Intelligent Transportation System Upgrade – Connected/Autonomous Vehicle and Safety Improvements Project, CIP No. ST0519 Attachment 2 - Citywide Signal Communications Upgrade Project, CIP No. ST0713 Attachment 3 - Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517 Attachment 4 - Dublin Boulevard Extension - Fallon Road to North Canyons Parkway Project, CIP No. ST0216 Item 8.3 - PowerPoint Presentation 9.OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10.ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), 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. Mission May 04, 2021 Dublin City Council Regular Meeting Agenda 6 The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, fosters new opportunities, provides equity across all programs, and champions a culture of diversity and inclusion. May 04, 2021 Dublin City Council Regular Meeting Agenda 7 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 3.1 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Presentation on SeeClickFix Prepared by: Colleen Tribby, Assistant City Manager EXECUTIVE SUMMARY: The City Council will receive a presentation on SeeClickFix, the City’s new software application that provides online access to public issue reporting. The application will go live May 5, 2021. STAFF RECOMMENDATION: Receive the presentation. FINANCIAL IMPACT: None. DESCRIPTION: On January 22, 2021, the City Manager entered into a Consulting Services Agreement with CivicPlus for the implementation and maintenance of SeeClickFix, a software application that provides online access to public issue reporting and robust data analysis. The new application, which can be accessed through various media or devices, will replace the City’s existing citizen request tool. CivicPlus’ SeeClickFix is an industry leader in citizen request and work management solutions. The application allows photos, videos, and comments to be included with citizen communications to local agencies and provides a location tool to allow agencies to respond quickly and accurately. CivicPlus cites these other benefits to agencies using SeeClickFix: Simplifying internal communication and reducing the use of email, spreadsheets, and sticky notes. Reducing calls with a mobile app and web tools that let citizens report issues as they see them. 8 Page 2 of 2 Saving time and money with data driven decisions. Increasing civic engagement by involving citizens in community dialogue. Dublin’s SeeClickFix online portal, along with the mobile device app “Fix It Dublin,” will be available for public use beginning May 5, 2021. STRATEGIC PLAN INITIATIVE: Strategy 4: Become a 24/7 City Hall to Enhance Resident and Business Engagement Objective C: Enhance citizen online interaction via reporting of issues and transparent data. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: None. 9 SeeClickFix May 4, 2021 10 SeeClickFix •New citizen request management system •Web and mobile app services –Available on iOs and Android •Citizens can: –Provide pictures, videos, specific descriptions –View, track, and comment on issues –Create “watch areas” to follow the progress of all service requests –not just the ones they report. •Goes live May 5 11 Fix It –Dublin www.dublin.ca.gov/fixit 12 Fix It –Dublin 13 14 15 Thank you 16 Thank you 17 STAFF REPORT CITY COUNCIL Page 1 of 1 Agenda Item 4.1 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Approval of the April 20, 2021 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the April 20, 2021 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 20, 2021 Regular City Council meeting. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider approval of the minutes of the April 20, 2021 Regular City Council meeting. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) April 20, 2021 Regular City Council Meeting Minutes 18 MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN Regular Meeting: April 20, 2021 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 20, 2021 Attachment 1 A Regular Meeting of the Dublin City Council was held on Tuesday, April 20, 2021, in the City Council Chamber and via Zoom Communications. The meeting was called to order at 7:00 PM., by Mayor Hernandez. 1)Call to Order Attendee Status Melissa Hernandez, Mayor Present Shawn Kumagai, Vice Mayor Present Jean Josey, Councilmember Present Sherry Hu, Councilmember Present Michael McCorriston, Councilmember Present 2)Pledge of Allegiance 3)Oral Communications 3.1)Employee Introductions: Shelby Perry and Norman Vales The City Council welcomed the new City of Dublin Staff members, Shelby Perry, Recreation Technician – Special Events with Parks and Community Services, and Norman Vales, Network Systems Coordinator with Information Services. 3.2)Recognition of Camp Parks’ Sea Cadets Program The City Council recognized the cadets of the Rear Admiral C.W. Parks Battalion U.S. Naval Sea Cadet Corps / Training Ship Pampanito Navy League Cadet Corps. 3.3)Public Comment No public comment was provided. 19 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 20, 2021 Prior to the City Council taking action on the Consent Calendar, Vice Mayor Kumagai noted that item 4.2 would authorize an agreement with the State of California, which is his employer. Because the agreement directly involves the Department of Justice, and not the department by which he is employed, he was able to participate in Item 4.2. 4)Consent Calendar 4.1)Approved the April 6, 2021 Regular City Council Meeting Minutes. 4.2)Adopted Resolution No. 27-21 titled, "Authorizing the City Manager to Enter into a Memorandum of Understanding Accepting the Grant Award from the California Department of Justice Under the California Healthcare, Research, and Prevention Tax Act of 2016." 4.3)Adopted Resolution No. 28-21 titled, "Approving an Agreement with East Bay Pool Service Inc. for Pool and Water Slide Maintenance Services." 4.4)Adopted Resolution No. 29-21 titled, "Establishing the CEQA Transportation Thresholds of Significance for Vehicle Miles Traveled (VMT)." 4.5)Received the Payment Issuance Report and Electronic Funds Transfers of payments issued from March 1, 2021 - March 31, 2021 totaling $12,567,985.69. 4.6)Adopted Resolution No. 30-21 titled, "Approving an Agreement with Tri-Valley Janitorial Service & Supply, Inc. for Janitorial Services and Supplies." 4.7)Adopted Resolution No. 31-21 titled, "Accepting the Annual Street Resurfacing Project (2020 Slurry Seal), CIP No. ST0117." 4.8)Adopted Resolution No. 32-21 titled, "Approving a Grant Agreement with TriValley BMR, LLC to Provide Funding for a New Open Heart Kitchen Facility." 4.9)Adopted Resolution No. 33-21 titled, "Approving a Commercial Facade Improvement Grant Program Agreement Between the City of Dublin and 6200 Village Parkway, LLC." 4.10)Proclaimed April as Arab American Heritage Month in the City of Dublin. 4.11)Adopted Resolution No. 34-21 titled, "Approving the Plans and Specifications and Awarding a Contract to Saboo, Inc. for the Dublin Heritage Park Cemetery Improvements Project, CIP No. PK0215." 20 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 20, 2021 4.12)Waived the reading and adopted Ordinance No. 02-21 titled, "Approving Amendments to Chapter 8.84 (Sign Regulations) and Chapter 8.104 (Site Development Review) of the Zoning Ordinance." 4.13)Adopted Resolution No. 35-21 titled, "Authorizing the Purchase of Two Marked Police Vehicles from My Jeep Chrysler Dodge Ram of Salinas and Declaring Replaced Vehicles as Surplus Property." RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Sherry Hu, Councilmember AYES:Hernandez, McCorriston, Hu, Kumagai, Josey 5)Written Communication –None. 6)Public Hearing –None. 7)Unfinished Business 7.1)BRIDGE Housing Affordable Rental Housing Project Unit Reservation and Funding Allocation The City Council received a presentation on a proposal from BRIDGE Housing to develop a 3.6-acre site located at 6501 Golden Gate Drive within the Downtown Dublin Specific Plan area. This proposal is in response to the City’s Notice of Funding Availability for affordable housing and direction received from the City Council after reviewing the initial proposal on November 17, 2020. The proposed project consists of 308 affordable units to be built in two phases of 136 units and 172 units, and includes ground floor retail, amenity space, and parking. Edward Alvarez provided public comment. John Rennels provided public comment. Karina Mora provided public comment. John Minot provided public comment. David Hernandez provided public comment. 21 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 20, 2021 Brittini Kiick provided public comment. By motion of Councilmember McCorriston, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 36-21 titled, “Appropriating $7.1 Million From the City’s Affordable Housing Fund and Authorizing the Commitment of $2.9 Million in Alameda County Measure A-1 Funds From Dublin’s Base City Allocation to BRIDGE Housing,” and authorized the reservation of up to 308 residential units from the Downtown Dublin Specific Plan Development Pool. RESULT:ADOPTED [UNANIMOUS] MOVED BY:Michael McCorriston, Councilmember SECOND:Jean Josey, Councilmember AYES:Hernandez, McCorriston, Hu, Kumagai, Josey 8)New Business 8.1)Approval of the American Rescue Plan Act (ARPA) Funding Budget for Fiscal Year 2021-22 The City Council received a presentation on the American Rescue Plan Act (ARPA). Under the ARPA, the City will receive approximately $12,202,075, distributed in two equal tranches by no later than June 2021 and June 2022, respectively. By motion of Councilmember Josey, seconded by Mayor Hernandez, and by unanimous vote, the City Council adopted Resolution No. 37-21 titled, “Approving the American Rescue Plan Act Budget for Fiscal Year 2021-22 and Establishing a Fund to Track Related Expenditures.” RESULT:ADOPTED [UNANIMOUS] MOVED BY:Jean Josey, Councilmember SECOND:Melissa Hernandez, Mayor AYES:Hernandez, McCorriston, Hu, Kumagai, Josey Mayor Hernandez called for a five-minute break at 9:00 p.m. Mayor Hernandez reconvened the meeting at 9:06 p.m. 22 DUBLIN CITY COUNCIL MINUTES REGULAR MEETING APRIL 20, 2021 8.2)2020-2025 Five-Year Capital Improvement Program Update The City Council received an update of the 2020-2025 Five-Year Capital Improvement Program adopted in Fiscal Year 2020-21. 8.3)Preliminary Fiscal Year 2021-22 General Fund Budget The City Council received a report on the Preliminary Fiscal Year 2021-22 Budget, focusing on the General Fund. 9)Other Business The City Council and Staff provided brief information only reports, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10)Adjournment Mayor Hernandez adjourned the meeting at 9:32 p.m. Mayor ATTEST: City Clerk 23 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 4.2 The DATE:May 4,2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:City Proclamations for the Month of May Prepared by: Cierra Fabrigas, Executive Aide EXECUTIVE SUMMARY: The City Council will consider the following proclamations for the month of May in the City of Dublin: National Public Works Week, Affordable Housing Week, National Lupus Awareness Month, National Mental Health Awareness Month, National Physical Fitness and Sports Month, National Building Safety Month, National Foster Care Month, Older Americans Month, Jewish American Heritage Month, Asian American and Pacific Islander Heritage Month, and Bike Month and Bike to Wherever Day. STAFF RECOMMENDATION: Approve the proclamations. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will consider the following proclamations for the month of May: 1. National Public Works Week The American Public Works Association is proud to announce "Stronger Together" as the theme for the 2021 National Public Works Week. This year's theme challenges people to think about the role public works plays in creating a great place to live through the provision and maintenance of public infrastructure. 2. Affordable Housing Week The theme for Affordable Housing Week 2021 is “Housing is Healthcare”. The Housing Development Consortium is recognizing May 9-15 to showcase the connection between 24 Page 2 of 4 healthcare and housing during the most challenging public health crises to each industry. 3. National Lupus Awareness Month The Lupus Foundation of America, whose mission is to improve the quality of life for all people affected by lupus, annually designates May as Lupus Awareness Month. Lupus is a chronic, autoimmune disease that causes inflammation anywhere in your body and can affect any of your organs, the skin, and joints. It is estimated that 1.5 million Americans are currently living with this disease. 4. National Mental Health Awareness Month Since 1949, Mental Health America and many organizations across the U.S. have observed May as Mental Health Month by reaching out to millions of people through the media, local events, and screenings. The COVID-19 pandemic has had a profound impact on the mental health of people of all ages. Now, more than ever, it is critical to reduce the stigma around mental health struggles, because that stigma often prevents individuals from seeking help. 5. National Physical Fitness and Sports Month Each May the President’s Council on Sports, Fitness & Nutrition encourages Americans to #MoveinMay in celebration of National Physical Fitness and Sports Month. This year the campaign is promoting safe physical activity while practicing social distancing. 6. National Building Safety Month Building Safety Month is an international campaign that takes place in May to raise awareness about the importance of modern, regularly updated building codes, and to help individuals, families, and businesses understand how to create safe and sustainable structures. 7. National Foster Care Month This May, the U.S. Department of Health and Human Services’ campaign for National Foster Care Month focuses on how to strengthen the connections between families and youth in the foster care system. 8. Older Americans Month Older adults have built resilience and strength over their lives through successes, failures, joys, and difficulties. Their stories and contributions help to support and inspire others. For Older Americans Month this May, the Administration for Community Living celebrates the strength of older adults, with an emphasis on the power of connection and engagement in building strong communities. 9. Jewish American Heritage Month Every year, by Presidential Proclamation, May is Jewish American Heritage Month in recognition of the indelible contributions American Jews have made, and continue to make, 25 Page 3 of 4 to our nation’s history, culture, and society. The stories of American Jewish life are quintessential American stories of resilience, aspiration, imagination, determination, and achievement. 10.Asian American and Pacific Islander Heritage Month Asian America and Pacific Islander Heritage Month celebrates the contributions, sacrifices, and accomplishments that Asian American and Pacific Islanders have made to our City, County, and Country. The 2021 theme for this celebration is “Advancing Leaders Through Purpose-Driven Service”. 11.Bike Month and Bike to Wherever Day May is National Bike Month and the City of Dublin is collaborating with Bike East Bay to offer a variety of activities that the whole family can enjoy. The City encourages community members to get on their bicycles, post experiences on social media and tag the City, and take advantage of both in-person and virtual bike events. The events are listed below, and event descriptions can be found on the City’s website. May 8: Urban Cycling 101 Day 1 Workshop - Online Webinar May 19: Bike Mechanics: Cleaning Your Bike - Online Webinar May 21: Bike to Wherever Day May 22: Urban Cycling 101 Day 2 Road Class - Dublin May 22: Swag Giveaway on Alamo Canal Trail at Civic Center May 26: Bike Theft Prevention - Online Webinar May 27: Bike to Market Day STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) National Public Works Week Proclamation 2) Affordable Housing Week Proclamation 3) National Lupus Awareness Month Proclamation 4) National Mental Health Awareness Month Proclamation 5) National Physical Fitness and Sports Month Proclamation 6) National Building Safety Month Proclamation 7) National Foster Care Month Proclamation 8) Older Americans Month Proclamation 26 Page 4 of 4 9) Jewish American Heritage Month Proclamation 10) Asian American and Pacific Islander Heritage Month Proclamation 11)Bike Month and Bike to Wherever Day Proclamation 27 Attachment 1 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “National Public Works Week” May 16-22, 2021 WHEREAS,public works professionals focus on infrastructure, facilities, and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life, and well-being of the people of the City of Dublin; and WHEREAS,these infrastructure, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment, and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS,it is in the public interest for the citizens and civic leaders in the City of Dublin to gain knowledge of and to maintain a progressive interest in and understanding of the importance of public works and public programs; and WHEREAS, 2021 marks the 61st annual recognition of National Public Works Week, and the American Public Works Association has announced that the 2021 theme is “Stronger Together”. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim May 16-22, 2021 as “National Public Works Week” and encourages all citizens and civic organizations in the City of Dublin to acquaint themselves with the issues involved in providing public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 28 Attachment 2 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA "Affordable Housing Week" May 13 –20, 2021 WHEREAS, quality affordable housing is vital to healthy, safe, vibrant and diverse communities; and WHEREAS, affordable homes are part of the solution to homelessness and provide support to seniors,families, youth, veterans, and people with disabilities who are an essential part of our community; and WHEREAS, the COVID-19 pandemic and its economic consequences have placed an unprecedented number of tenants at risk of eviction or significant rental debt and threatens the stability of non-profit and small-scale housing providers to provide stable affordable housing; and WHEREAS,rising housing costs have led longtime residents to be displaced, live in overcrowded and substandard homes, or live in cars and on the street, threatening our region’s diversity and economic prosperity; and WHEREAS, creating new permanently affordable homes and preserving and improving existing housing makes for stable, vibrant communities, by reducing homelessness, helping residents maintain community roots, and fostering racial and economic equity for generations; and WHEREAS, affordable homes close to public transit and jobs reduce greenhouse gas emissions and provide low-income families better access to opportunities and amenities; and WHEREAS,when non-profit organizations, local jurisdictions, community organizations, and others come together to invest in affordable homes for all, they continue to build inclusive communities that support low-income people and interrupt patterns of racial and economic inequity in housing;and WHEREAS,this week is part of Bay Area Affordable Housing Month, as the housing crisis can only be resolved when the entire nine-county region takes action to expand affordable housing and end homelessness; and WHEREAS, local jurisdictions like the City of Dublin play an important role by raising local resources for affordable housing to leverage federal, state and other funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaims May 13-20, 2021, as the 25th Annual Affordable Housing Week in the City of Dublin. BE IT FURTHER RESOLVED that the City of Dublin will work to support affordable housing at the local, regional, and state level and encourages residents of Dublin to participate in Affordable Housing Week activities. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 29 Attachment 3 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Lupus Awareness Month” WHEREAS, the Lupus Foundation of America is recognizing May as Lupus Awareness Month and asks citizens to put extra effort into letting the world know about lupus; and WHEREAS, systemic lupus erythematosus (lupus) happens when the immune system, which normally helps protect the body from infection and disease, attacks its own tissues. This attack causes inflammation and, in some cases, permanent tissue damage; and WHEREAS, lupus causes the body’s defense system to attack healthy cells and tissues, instead of viruses and bacteria. This can damage many parts of the body such as the joints, skin, kidneys, heart, lungs, blood vessels and brain; and WHEREAS, anyone can get lupus; however, women get the disease more often than men do; and WHEREAS, symptoms of lupus vary, and they may come and go. The times when a person is having symptoms are called flares, which can range from mild to severe. New symptoms may appear at any time; and WHEREAS, some of the most common symptoms of lupus are pain or swelling in the joints, muscle pain, fever with no known cause, red rashes, most often on the face, chest pain when taking a deep breath, hair loss, pale or purple fingers or toes, sensitivity to the sun, swelling in the legs or around the eyes, mouth sores, swollen glands, and fatigue. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Lupus Awareness Month” in the City of Dublin and encourages all citizens to observe this month by educating themselves on the symptoms and impact of lupus. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 30 Attachment 4 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Mental Health Awareness Month” WHEREAS, the mental health and well-being of people in the City of Dublin is a vital issue that affects not only the quality of life, but also the health of our entire community, families, and economic stability; and WHEREAS, mental health is how we think, feel, and act as we face life’s situations; and WHEREAS, mental illness is real and painful and can lead to failure at school, family conflicts, drug abuse, violence, or suicide; and WHEREAS, individuals with mental health conditions and other behavioral health disorders can and do recover with clinical treatment and social supports, including medications, psychotherapies, psychosocial rehabilitation, and peer support; and WHEREAS, statistics show that mental illness can strike one in five Americans, in any given year, regardless of age, gender, race, ethnicity, religion, or economic status; and WHEREAS,increased public awareness of mental health issues may lead to earlier recognition and treatment, lower healthcare and correctional costs, increased productivity, and improved ability of children and adolescents to learn and contribute to healthier families and communities; and WHEREAS, the COVID-19 pandemic has had a profound impact on the mental health of people of all ages. Now, more than ever, it is critical to reduce the stigma around mental health struggles, because that stigma often prevents individuals from seeking help. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Mental Health Awareness Month” in the City of Dublin and encourages citizens to raise awareness around mental health and the importance of increased of mental healthcare access for all. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 31 Attachment 5 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Physical Fitness and Sports Month” WHEREAS, May is National Physical Fitness and Sports Month, when the President’s Council on Sports, Fitness & Nutrition encourages Americans to #MoveinMay; and WHEREAS, participation in sports and physical activity improves self-esteem and body image in children and adults; and WHEREAS, youth who play sports build leadership skills and a sense of teamwork, and increase fitness levels; and WHEREAS, regular physical activity at home has been an essential and effective way to improve and maintain physical and mental fitness during the COVID-19 pandemic; and WHEREAS, research shows that fit and active children are more likely to thrive academically; and WHEREAS, youth recreation and sports are continuing to be available in the City of Dublin recreation guide and are a great option for physical fitness and exploring new sports. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Physical Fitness and Sports Month” in the City of Dublin and encourages all citizens to explore a wide variety of physical activities and make physical fitness a priority in their lives. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 32 Attachment 6 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Building Safety Month” WHEREAS, the City of Dublin recognizes that our growth and strength as a community depend on the safety and economic value of the homes, buildings, and infrastructure that serve our citizens, both in everyday life and in times of disaster; and WHEREAS, our confidence in the resilience of these buildings that make up our community is achieved through the devotion of vigilant guardians – building, safety and fire prevention officials, architects, engineers, builders, tradespeople, design professionals, laborers, plumbers, and others in the construction industry—who work year-round to ensure the safe construction of buildings; and WHEREAS, all communities need building codes to protect their citizens from disasters like fires, weather-related events, and structural collapse; and WHEREAS, these modern building codes include safeguards to protect the public from hazards such as hurricanes, snowstorms, tornadoes, wildland fires, floods, and earthquakes; and WHEREAS, each year, in observance of Building Safety Month, people all over the world are asked to consider the commitment to improve building safety, resilience and economic investment at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments, fire prevention bureaus, and federal agencies in protecting lives and property; and WHEREAS, the theme for Building Safety Month 2021 is Prevent, Prepare, Protect–Building Codes Save. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim the month of May 2021 as Building Safety Month in the City of Dublin and encourages citizens to join with their communities in participation of Building Safety Month Activities. DATED: Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 33 Attachment 7 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “National Foster Care Month” WHEREAS, every child deserves a safe, loving, and stable home in which to grow, learn, and play; and WHEREAS, many children in our communities are in crisis and must be temporarily removed from their homes to ensure that their physical and emotional needs are addressed; and WHEREAS, foster parents help children heal from the painful wounds of abuse and neglect and help prepare them for a healthy future. Facing enormous challenges, foster parents open their hearts and homes each day to provide the support these children need and deserve; and WHEREAS, May 2021 is recognized as National Foster Care Month to bring awareness of how communities can empower youth in foster care at every stage, because their voices matter; and WHEREAS, there are over 423,000 children and youth in foster care across the country, and many have been facing increased isolation due to COVID-19; and WHEREAS, it is more critical than ever for communities to work together in identifying the right mix of supports to establish meaningful connections for children and youth in care. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “National Foster Care Month” in the City of Dublin and encourages all citizens to invest in the lives of children and to provide them with unconditional love, support, guidance, and every available resource to ensure their health and well-being. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 34 Attachment 8 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Older Americans Month” WHEREAS, every May, the Administration for Community Living leads the nation’s observance of Older Americans Month. The theme for 2021 is “Communities of Strength”; and WHEREAS, the City of Dublin includes a growing number of older Americans who have built resilience and strength over their lives through successes and difficulties; and WHEREAS, the City of Dublin benefits when people of all ages, abilities, and backgrounds are included and encouraged to share their successes and stories of resilience; and WHEREAS, the City of Dublin recognizes the need to nurture ourselves, reinforce our strength, and continue to thrive in times of both joy and difficulty; and WHEREAS, there are many things we all can do to nurture ourselves, reinforce our strength, and thrive. Connecting with others is one of the most important—it plays a vital role in our health and well-being, and in that of our community. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Older Americans Month” in the City of Dublin and encourages all citizens to recognize older adults and the people who support them as essential contributors to the strength of our community. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 35 Attachment 9 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Jewish American Heritage Month” WHEREAS, every year, by Presidential Proclamation, May is recognized as Jewish American Heritage Month (JAHM) in recognition of the indelible contributions American Jews have made, and continue to make, to our nation’s history, culture, and society; and WHEREAS, this national celebration reflects the ways in which this history deserves our collective attention, pride, and recognition; and WHEREAS, the stories of American Jewish life are quintessential American stories of resilience, aspiration, imagination, determination, and achievement; and WHEREAS, it was such characteristics that drew generations of Jewish immigrants to the United States of America to rebuild their lives, including those families fleeing persecution; and WHEREAS, this history has led many Jewish Americans to find common cause with the civil rights movement; and WHEREAS, we recognize that anti-Semitism continues to be a concern in this nation and across the globe, and we recognize that we all need to continue our efforts of understanding and inclusion; and WHEREAS, anyone interested in learning more about the heritage and contributions of Jewish Americans is encouraged to visit www.jewishheritagemonth.gov for more information about this rich history. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Jewish American Heritage Month” in the City of Dublin and encourages citizens to recognize the culture and history of Jewish Americans by celebrating their contributions. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 36 Attachment 10 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Asian American and Pacific Islander Heritage Month” WHEREAS,Asian American and Pacific Islander Heritage Month is observed during the month of May to recognize the contributions of Asian Americans and Pacific Islander Americans to the history, culture, and achievements of the United States; and WHEREAS, in 1978, President Jimmy Carter signed a Joint Congressional Resolution establishing the first week in May as Asian Pacific American Heritage Week, and in 1992, the week was expanded to a month-long celebration by President George H.W. Bush; and WHEREAS, the Federal Asian Pacific American Council’s theme for May 2021 is “Advancing Leaders Through Purpose-Driven Service”; and WHEREAS,throughout the history of our nation, Asian Americans have helped shape America’s character, becoming a vital, vibrant and dynamic asset to the Dublin community and contributing to the economic growth and cultural enrichment of our City; and WHEREAS, Asian American and Pacific Islanders have had a profound impact on the United States and the Bay Area communities, which is home to a number of Asian American and Pacific Islanders who serve as excellent representatives of both the Asian American and Pacific Islander community and the Dublin community-at-large; and WHEREAS, by recognizing the contributions and accomplishments of Asian American and Pacific Islanders, Dublin celebrates the importance of inclusion in building a brighter future for all of our citizens. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby proclaim May 2021 as “Asian American and Pacific Islanders Heritage Month” in the City of Dublin and encourages all citizens to learn more about Asian Americans, Native Hawaiians, and Pacific Islanders, and to observe this month with appropriate programs and activities. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 37 Attachment 11 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Bike Month and Bike to Wherever Day” May 2021 WHEREAS,the City of Dublin acknowledges that bicycling is not only a successful rideshare mode to alleviate traffic congestion, reduce air pollution, and decrease fuel consumption, but also is an effective way to reduce stress and exercise while practicing social distancing per state and local health guidelines; and WHEREAS, the League of American Bicyclists has declared the Month of May as National Bike Month and promotes the vision of encouraging everyone to think beyond bicycling to work and move towards a holistic approach to integrate bicycling into as many aspects of lives as possible ; and WHEREAS,the City of Dublin acknowledges that bike month education and bike-to-wherever days are effective in converting drivers into bicyclists, educating citizens about the environmental value of bicycling regularly, and promoting the health benefits of bicycling and intends to promote virtual bike education events in May; and WHEREAS,Bike East Bay along with other regional and local sponsors are promoting Bike to Wherever Day on Friday, May 21, 2021, in the San Francisco Bay Area; and NOW, THEREFORE, BE IT RESOLVED,that the City Council of the City of Dublin does hereby proclaim the Month of May as “Bike Month”and May 21st as “Bike to Wherever Day” in the City of Dublin and encourages all citizens and civic organizations to consider bicycling throughout the month, participating in bike events, and participating in Bike to Wherever Day. DATED: May 4, 2021 Mayor Melissa Hernandez Vice Mayor Shawn Kumagai Councilmember Sherry Hu Councilmember Jean Josey Councilmember Michael McCorriston 38 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.3 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment to the Agreement with Western Pacific Signal LLC Prepared by: Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will consider a second amendment to the agreement with Western Pacific Signal, LLC, to extend the agreement term and to increase the not-to-exceed compensation amount for traffic signal operations and signal communication upgrades. STAFF RECOMMENDATION: Adopt the Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC. FINANCIAL IMPACT: The proposed second amendment to the contract services agreement with Western Pacific Signal, LLC, will extend the term of the agreement from June 30, 2021 to June 30, 2023 and will increase the not-to-exceed amount from $200,000 to $360,000. The additional funds will be provided through one or more of three sources: developer deposit accounts, available budget in the Citywide Signal Communications Upgrade project, CIP No. ST0713, or the Traffic Division Operating Budget. No budget change is necessary. DESCRIPTION: On July 17, 2018, the City Council adopted Resolution No. 90-18 (Attachment 3) approving a contract services agreement with Western Pacific Signal, LLC (WPS) to support the expansion of the City’s traffic signal communications network along major arterials. The City Council also approved WPS as a sole source vendor for various traffic signal accessories and communications devices. On November 19, 2019, the City Council adopted Resolution No. 117-19 (Attachment 4), approving a first amendment to the agreement with WPS to increase the original not-to-exceed compensation amount of $105,000 to $200,000. 39 Page 2 of 2 Staff has worked with WPS to integrate various Intelligent Transportation System (ITS) elements, interconnect signals along major corridors, and establish communications between the Traffic Operations Center located in City Hall and various traffic signals throughout the City. WPS has also delivered and provided technical installation support and onsite technical training on numerous ITS devices and related software, including local signal controllers, traffic central management software, and vehicle detection equipment. Staff worked in coordination with various developers and WPS to expand network communications to several traffic signals along Dublin Boulevard, Dougherty Road, San Ramon Road, Fallon Road, Central Parkway, and Village Parkway. Staff has identified additional needs for communication devices, specialized traffic signal systems, and communications expertise. The proposed second amendment will allow WPS to support Staff on the Citywide Signal Communications Upgrade project, CIP No. ST0713, which provides for continual upgrade of traffic signal communication systems, network switches, signal controllers, and battery backup units. WPS will also assist in the maintenance and replacement of the aging traffic signal hardware, communication devices, and network. The proposed second amendment will extend the term of the current agreement from June 30, 2021 to June 30, 2023. The amendment will also increase the total not-to-exceed compensation amount from $200,000 to $360,000. If approved, the second amendment will support the expansion and maintenance of the traffic signal communications network along major corridors. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC 2) Exhibit A to the Resolution – Amendment #2 to the Agreement 3) Resolution No. 90-18 4) Resolution No. 117-19 40 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SECOND AMENDMENT TO THE CONTRACT SERVICES AGREEMENT WITH WESTERN PACIFIC SIGNAL, LLC WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 90-18 approving a Contract Services Agreement (Agreement) with Western Pacific Signal, LLC (WPS) to support expansion of the communications network along major arterials; and WHEREAS,on November 19, 2019, the City Council adopted Resolution No. 117-19, approving the first amendment to the Agreement, increasing the original compensation amount of $105,000 to $200,000; and WHEREAS,Staff and WPS worked in expanding the traffic signal communications network along several major arterials and desires to continue to support expansion and maintenance of the traffic signal communications network; and WHEREAS,due to the expansion in the scope of work the current not-to-exceed amount for the Agreement needs to be increased to $360,000; and WHEREAS, the term of service of the Agreement needs to be extended from June 30, 2021 to June 30, 2023 to support the additional scope of work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLC attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second Amendment to the Contract Services Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: __________________________________ City Clerk 41 Page 1 of 4 AMENDMENT #_2_ TO CONTRACTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND WESTERN PACIFIC SIGNAL WHEREAS, on July 18, 2018, the City of Dublin (hereinafter referred to as "CITY") and Western Pacific Signal (hereinafter referred to as " CONTRACTOR ") entered into a Contracting Services Agreement to support expansion of the citywide communication networks along major arterials (hereinafter referred to as the “AGREEMENT”); and WHEREAS, on November 19, 2019 Exhibit B of the Agreement was modified to increase the not-to-exceed amount to $200,000; and WHEREAS, the existing project scope and agreement are complete and staff desires additional services to support continued expansion of the citywide communication network along major roadways and the CITY and CONTRACTOR now desire to amend both Exhibit A and Exhibit B of the AGREEMENT; and WHEREAS, the CITY and CONTRACTOR now wish to amend the AGREEMENT to modify sections 1.1, 2 and 6.1; and NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A- REVISED, and Contractor shall complete the work described in Exhibit A-REVISED on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Contractor and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Contractor for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 2)Section 2 shall be rescinded in its entirety and replaced with the following: Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed Three Hundred and Sixty Thousand Dollars ($360,000), notwithstanding any contrary indications that may be contained in Contractor’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Contractor’s proposal, attached as Exhibit A- Revised, regarding the amount of compensation, the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 Attachment 2 42 Page 2 of 4 payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Contractor shall not bill City for duplicate services performed by more than one person. Contractor and City acknowledge and agree that compensation paid by City to Contractor under this Agreement is based upon Contractor’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Contractor. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Contractor and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Section 6.1 shall be rescinded in its entirety and replaced with the following: Independent Contractor. At all times during the term of this Agreement, CONTRACTOR shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR’s services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which CONTRACTOR accomplishes services rendered pursuant to this Agreement. CONTRACTOR further acknowledges that CONTRACTOR performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the CONTRACTOR performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 43 Page 3 of 4 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 44 Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN NAME OF CONTRACTOR By: _____________________________ By: _____________________________ Linda Smith, City Manager Donald R. Shupp, Principal Dated: ATTEST: By: Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 45 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 1 April 15, 2021 Ms. Sai Midididdi, T.E., Associate Civil Engineer (Traffic) City of Dublin Engineering - Transportation 100 Civic Plaza – City Hall Dublin, CA 94568 Re: Proposal to Provide Ongoing Support Services in support of the City Communications Master Plan Dear Ms. Midididdi, Western Pacific Signal (“WP Signal”) is excited to provide continue fulfillment our traffic communications network services to support the ongoing City Communications Upgrade for ITS devices along the Dublin Blvd. corridor, and elsewhere. Details are found within the attached Scope of Services attachment. Sincerely, Donald R. Shupp President EXHIBIT A - REVISED Scope of Work DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 46 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 2 SCOPE OF SERVICES Vendor shall provide traffic signal network integration support and services, specific to the City of Dublin Intelligent Transportation System (ITS). The City shall assign work order tasks to direct the vendor to maintain, troubleshoot, and expand specified ITS field infrastructure between signalized intersections and City Hall, essential to support the City Advanced Traffic Management System (ATMS). VENDOR QUALIFICATIONS & BACKGROUND Western Pacific Signal (“WP Signal”) is a local Bay Area-based traffic signal systems integrator and signal control product distributor. WP Signal has been an active and reliable vendor to the City of Dublin for the past 20 years. WP Signal has furnished and supported the City a variety of traffic signal controller assemblies and associated broadband signal interconnect communications equipment. The vendor has successfully provided technical support, training, and on-site assistance for traffic signal system various upgrade projects throughout the City. The vendor is also a long-term transportation consultant to several other local public agencies, including the County of Alameda, which provides the electrical maintenance to City traffic signals and street lights. WP Signal customer service resources, and technical support team have shown mastery in the practice of network design, coordinated signal controller timing operations, vehicle detection technology, and electrical traffic cabinet troubleshooting in past City projects. The vendor has demonstrated each of these skills in previous City contracts, and has shown to be uniquely qualified in offering a locally-based support team with a diversity of these skills, and a timely response time needed to maintain the critical infrastructure of Dublin ITS. VENDOR SUPPORT AND DISTRIBUTION CAPABILITIES The vendor is currently either an exclusive or preferred authorized distributor within the City of the following brands of signal control equipment in current or future use by the City: 1. Econolite Control Products, including ISS AutoScope Detection Systems 2. Centracs Mobility Automated Traffic Signal Performance Measures (ATSPM) 3. EtherWAN Systems ITS Network switches and routers 4. Actelis Networks ITS Network switches and routers 5. Encom Wireless broadband radio transceivers 6. Emtrac Preemption & Transit Priority GPS and Radio equipment 7. JSF Technologies school zone flashers and pedestrian safety beacons DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 47 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 3 8. Alpha Technologies (EnerSys) Battery Backup Systems (BBS) 9. Leotek Electronics LED traffic signal lamps & LED streetlights SUPPORT OBJECTIVE AND NEEDS Vendor shall provide timely and critical-need technical support, associated with ATMS operations and communication to our intersection controllers. These critical services assure communication and monitor City traffic signal systems. These systems provide several key benefits to the Dublin and it’s citizens, including: •Real-time monitoring and adjustment of the City Adaptive Signal Control System, known as Signals-as-a-Service (SaaS). •Improved safety by providing enabling the traffic engineer to make remote changes and adjustments to signal timing. •System generated field alerts, and associated report generation, to determine existence of maintenance or operational issues needing review or remedy. •Graphically monitoring the signal operations and corridor congestion levels, in real time. •Applying these changes and best practices to maintain our ITS signal operations at optimum levels. This readiness state helps reduce average travel times for local traffic and transit vehicles, while maintaining safer travel conditions for bicyclists, motorized scooters, and pedestrian community. SCOPE OF WORK AND TASK ASSIGNMENTS The Scope of Services to be provided by WP Signal include, but are not limited to: 1. Configuration and network management of various Servers, Hub switches, which provide real-time data connection to the City Transportation Management Center (TMC). 2. Training and implementation of best practices for secured network and cybersecurity auditing of these essential public safety assets. 3. Signals-as-a-Service (SaaS) Monitoring and Reporting of the Dublin ATMS central control for alarms, alerts, and equipment malfunctions to City staff and contracted on-call signal maintenance technicians. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 48 Western Pacific Signal, LLC 15890 Foothill Blvd, San Leandro, CA 94578 Office: (510) 276-6400 Fax: (510) 397-0398 City of Dublin Communications Master Plan Field Element Identification Contract Services 2021-2022 4 4. Network load balancing, and redundant ring configuration of Industrial field- hardened Network Edge switches (Fiber, Copper, Cellular, and Radio-based broadband equipment). 5. ITS Network integration, documentation, and testing of City-owned twisted pair copper and City-owned fiber-optic Signal Interconnect Cable (SIC). 6. Technical support, and documentation maintenance for Ethernet-based Internet of Things (IoT) based traffic signal field equipment, specific to the Dublin ITS field devices. including IP, subnet masks, UDP port assignments, and firmware upgrades. Covered Dublin ITS field equipment shall include: a. Traffic Signal Controllers and electrical cabinet enclosures b. Network switches, routers, and radios for public safety applications c. Video and Radar-based Vehicle / Bicycle Detection Systems d. Vehicle Count Stations and Wireless travel time hubs e. CCTV Video Cameras for traffic monitoring f. Malfunction Management Units (MMU) safety monitor devices g. Battery Backup System (BBS) Inverters and event logging devices h. Emergency Vehicle Preemption (EVP) Phase Discriminator controllers i. Transit Signal Priority (TSP) Phase Discriminator control units j. Accessible Pedestrian System (APS) stations & Interface controllers k. Rectangular Rapid Flashing Beacon (RRFB) and Warning signs l. Streetlight power controls and event monitor devices === DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 49 EXHIBIT B-REVISED Compensation Schedule The not to exceed amount total for this agreement $200,000$360,000 is for the following technical support and equipment supply: Technical Support: Year Cost for Three Five Years FY 18 - 19 $15,000.00 FY 19 - 21 $35,000.00 FY 2021 - 2023 $40,000.00 Equipment Supply: Year Cost per Year for Equipment FY 18 - 19 $ 30,000.00 FY 19 - 20 $ 60,000.00 FY 20 - 21 $ 60,000.00 FY 2021- 2022 $ 60,000.00 FY 2022 - 2023 $ 60,000.00 Total Cost: $ 200,000.00$360,000.00 Invoicing Requirements All invoices shall be sent to City electronically, to the following email address: PWaccounting@dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each attached invoice shall identify the assigned project manager, a contact for firm’s accounting representative, as well as the City project manager requesting the completed work. Invoices shall be termed from the first of the month, through the end of the month, and shall be submitted within sixty days of completion of each month, with the exception of invoices for the months of May and June. May and June invoices, as well as all other outstanding invoices, shall be due by July 15th of that year. DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207 50 Attachment 3 51 52 $WWDFKPHQW 53 54 55 56 57 58 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.4 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Delegating Approving Authority for Procurement of Police Vehicle Maintenance Prepared by: Nate Schmidt, Captain Dublin Police Services EXECUTIVE SUMMARY: The City Council will consider delegating authority to the City Manager to approve purchases associated with vehicle maintenance that exceed the $45,000 threshold for Fiscal Year 2020- 21. The Dublin Police vehicle fleet has needed increased maintenance and delegating the purchasing authority to the City Manager will facilitate these procurements for the remainder of this Fiscal Year. STAFF RECOMMENDATION: Adopt the Resolution Delegating Authority to the City Manager for Procurements Associated with Vehicle Maintenance that Exceed $45,000 for Fiscal Year 2020-21. FINANCIAL IMPACT: The Fiscal Year 2020-21 Police Services Operating Budget has sufficient funding for the anticipated costs over the $45,000 threshold. DESCRIPTION: Dublin Police Services currently has a fleet of 39 vehicles for the Patrol Unit, Investigations Unit, Administration Unit, and Traffic Unit. These vehicles are managed on an internal replacement schedule, with maintenance occurring on an as-needed basis. During the current fiscal year, maintenance costs have increased beyond the originally anticipated amount. Livermore Ford has become one of the primary service providers for vehicle maintenance due to over half of the fleet being manufactured by Ford. The requested purchase authority would allow Staff to increase the purchase order with Livermore Ford over the $45,000 threshold in order to continue to provide vehicle maintenance for the remainder of the Fiscal Year. 59 Page 2 of 2 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Delegating Authority to the City Manager for Procurements Associated with Vehicle Maintenance that Exceed $45,000 for Fiscal Year 2020-21 60 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DELEGATING AUTHORITY TO THE CITY MANAGER FOR PROCUREMENTS ASSOCIATED WITH VEHICLE MAINTENANCE THAT EXCEED $45,000 FOR FISCAL YEAR 2020-21 WHEREAS,Dublin Police Services currently has a fleet of 39 vehicles for the Patrol Unit, Investigations Unit, Administration Unit, and the Traffic Unit; and WHEREAS, over half of the Dublin Police vehicle fleet is no longer covered under factory warranty, causing maintenance costs to increase beyond the originally anticipated amount for Fiscal Year 2020-21; and WHEREAS, Livermore Ford has become one of the primary service providers for vehicle maintenance due to over half of the fleet being manufactured by Ford; and WHEREAS, the requested purchase authority would allow Staff to increase the purchase order with Livermore Ford over the $45,000 threshold in order to continue to provide vehicle maintenance for the remainder of the current Fiscal Year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby delegate authority to the City Manager for procurements associated with vehicle maintenance that exceed $45,000 for Fiscal Year 2020-21. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 61 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.5 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Contract Change Order Authorization for the Civic Center HVAC and Roof Replacement Project Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider increasing the contract change order authority of the City Manager for the Civic Center HVAC and Roof Replacement Project, to allow the contractor, ADC Construction Management, Inc., to furnish and install additional hot water piping and a heating boiler, modify the Civic Center to accommodate the HVAC system, and supply the future Cultural Arts Center with hot water heating. STAFF RECOMMENDATION: Adopt the Resolution Authorizing the City Manager to Approve Contract Change Orders with ADC Construction Management, Inc. for the Civic Center HVAC and Roof Replacement Project, CIP No. GI0119. FINANCIAL IMPACT: Funds to cover the contract change order increase, estimated at $175,000, are available in the Cultural Arts Center Project (CIP No. GI0120) budget and will be transferred into the Civic Center HVAC and Roof Replacement Project upon City Council approval. This change will be reflected in the update to the Capital Improvement Program which will be presented to the City Council on June 1, 2021. DESCRIPTION: On July 21, 2020, the City Council awarded a $3,836,831 Design/Builder Agreement to ADC Construction Management, Inc. for the design and construction of the Civic Center HVAC and Roof Replacement Project (CIP No. GI0119). With this action, the City Council also authorized the City Manager to approve change orders up to a contingency amount of $500,000 for the project (Attachment 2 – Resolution 75-20), which would bring the total potential design/build cost to $4,336,831. 62 Page 2 of 2 The Civic Center HVAC and Roof Replacement Project is a multiphase project to improve the Civic Center with the design and construction of the flat roof assembly replacement, interior parapet wall weather proofing, seven roof-mounted exhaust fans, and seven roof-mounted heating, ventilation, and air conditioning (HVAC) units. The Project also includes a new fire alarm system, ethernet data cable drop locations, a multi-split system for the second floor Information Systems closet, new HVAC controls, installation of four-inch thick polyisocyanurate roof insulation, replacement of portions of dropped ceiling, and interior patch and paint work. During construction, given that the design for the Cultural Arts Center has progressed sufficiently, it was determined that hot water boilers should be consolidated and located on the first floor of City Hall (the administrative wing of the Civic Center) rather than to have boilers on both the City Hall roof and Cultural Arts Center roof. Consolidated boilers allow for two larger, more efficient units rather than multiple smaller boilers. In addition, it provides for partial redundancy, allowing for future servicing of the system to be performed without completely losing heating to the building. This change requires that both boilers and the hot water piping supplying the future Cultural Arts Center be installed at this time. The estimated $175,000 to install these improvements will ultimately be a cost savings to both projects by reducinglong-term maintenance and operation costs of the heating systems at the facility. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report was sent to ADC Construction Management, Inc. and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Authorizing the City Manager to Approve Contract Change Orders with ADC Construction Management, Inc. for the Civic Center HVAC and Roof Replacement Project, CIP No. GI0119 2) Resolution No. 75-20 Awarding a Design/Builder Agreement to ADC Construction Management, Inc. for the Civic Center HVAC and Roof Replacement, CIP No. GI0119 3) CIP GI0119 4) CIP GI0120 63 Attachment 1 Reso. No. XX-21, Item X.X, Adopted 05/04/21 Page 1 of 2 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE CITY MANAGER TO APPROVE CONTRACT CHANGE ORDERS WITH ADC CONSTRUCTION MANAGEMENT, INC., FOR THE CIVIC CENTER HVAC AND ROOF REPLACEMENT PROJECT, CIP NO. GI0119 WHEREAS,on July 21, 2020, the City approved Resolution No. 75-20, authorizing the City Manager to execute a Design/Builder Agreement with ADC Construction Management, Inc. to replace the flat roof assembly, roof-mounted HVAC equipment, modifications to the existing HVAC duct system, HVAC controls, minor structural upgrades, fire alarm panel and ancillary devices, and the installation of 168 Cat6e ethernet data cable drops within the City Hall building of the Civic Center; and WHEREAS,the City Council also authorized the City Manager or designee to approve Contract Change Orders based on the appropriated funds designated for the Project up to the contingency amount of $500,000; and WHEREAS,Staff has identified additional improvements that benefit both the Civic Center administration wing building and the future Cultural Arts Center building, which are generally described as consolidating the heating hot water boilers in one location on the first floor of the administrative wing, installing hot water piping, and associated building modification to accommodate the system installation; and WHEREAS, the estimated cost of the additional improvements is $175,000 and there is sufficient funding available in the Cultural Arts Center Project, CIP No. GI0120. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to approve Contract Change Orders with ADC Construction Management, Inc. up to the revised contingency amount of $675,000 and increase the agreement total to four million five-hundred eleven thousand eight hundred thirty-one dollars ($4,511,831). BE IT FURTHER RESOLVED, that the City Council of the City of Dublin does hereby authorize use of available funds from the Cultural Arts Center Project, CIP No. GI0120, for the additional improvements. PASSED, APPROVED AND ADOPTED this 4th day of May, 2021, by the following vote: AYES: NOES: ABSENT: 64 Attachment 1 Reso. No. XX-21, Item X.X, Adopted 05/04/21 Page 2 of 2 ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 65 Attachment 2 66 67 Number GI0119ProgramGENERALESTIMATED COSTSPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS9100$17,325 $71,775$89,1009200$87,182 $483,718$570,9009400$3,635,000$3,635,0009500$338 $4,662$5,0009600$700,000$700,000$104,845 $4,895,155$5,000,000FUNDING SOURCEPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS1001$2,212,634$2,212,6346605$200,000$200,0006205$104,845 $2,482,521$2,587,366$104,845 $4,895,155$5,000,000ANNUAL OPERATING IMPACT2020-2025 CAPITAL IMPROVEMENT PROGRAMCIVIC CENTER HVAC AND ROOF REPLACEMENTTOTALIT FundTOTALGeneral FundInternal Service Fund - Facilities ReplacementSalaries & BenefitsContract ServicesImprovementsMiscellaneousEquipmentPROJECT DESCRIPTIONThis project provides for the design and replacement of the heating, ventilation, and air conditioning (HVAC) system and controls, roof replacement, associated building modifications, and code compliance upgrades for City Hall portion of the Civic Center complex. The existing HVAC and roof systems are at the end of their useful life and are due for replacement. A new HVAC system and controls will be more energy efficient and have a greater ability to be adjusted. With the roof replace, the project will also upgrade communications infrastructure for new data connections to offices, workstations, and conference rooms. The project will be completed in several phases to minimize disruption to the public and to Staff working within the buildings. The HVAC and roof improvements for the future Cultural Arts Center portion of the Civic Center complex will be completed with the renovation of the Cultural Arts Center Project, CIP No. GI0120.This project is funded by $2 million in a General Fund Reserve set aside for this purpose in addition to the Internal Service Fund for Facilities Replacement.ANNUAL OPERATING IMPACT: NoneMANAGING DEPARTMENT: Public WorksAttachment 368 Number GI0120ProgramGENERALPRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS9100$5,739 $139,566 $54,640$199,9459200$242,567 $2,472,433$2,715,0009400$3,343,736 $4,895,264$8,239,0009500$18,090$18,0909600$800,000$800,000$248,306 $6,773,825 $4,949,904$11,972,035PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS1001$4,539,197$4,539,1974100$248,306 $690,990 $4,949,904$5,889,2006205$1,543,638$1,543,638$248,306 $6,773,825 $4,949,904$11,972,035ANNUAL OPERATING IMPACT2020-2025 CAPITAL IMPROVEMENT PROGRAMCULTURAL ARTS CENTERTOTALESTIMATED COSTSTOTALInternal Service Fund - Facilities ReplacementGeneral FundPublic Facility FeesSalaries & BenefitsContract ServicesImprovementsFUNDING SOURCEMiscellaneousEquipmentPROJECT DESCRIPTIONThis project provides for the design and improvement of an approximately 13,000-square-foot Cultural Arts Center on the first floor of the Civic Center, which was formerly occupied by Dublin Police Services. The Parks & Recreation Master Plan identifies a Cultural Arts Center that would serve as a multi-use facility that affords cultural, educational and social opportunities for the community. The Cultural Arts Center could include: an Art gallery, Black Box theater space; multi-purpose art and music classrooms; a dance studio; and restrooms. The project also provides for the replacement of the heating, ventilation, and air conditioning (HVAC) systems, HVAC controls, roof replacement, major upgrades to the main telecommunication room, and the relocation of the Parks and Community Services Department offices to the second floor of the Cultural Arts Center. ANNUAL OPERATING IMPACT:TBDAttachment 469 STAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.6 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Agreement with Francisco & Associates, Inc. for Acquisition Audit Services for Community Facilities District and Annual Administration Services for Various Financing Districts Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider approving an agreement with Francisco & Associates, Inc. for acquisition audit services for community facilities district and annual administration services for various financing districts. STAFF RECOMMENDATION: Adopt the Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services. FINANCIAL IMPACT: Approval of the proposed agreement will not impact the General Fund and all services will be covered by approved operating budgets for the applicable financing district. Staff estimates spending no more than a total of $250,000 over three and a half years for all the districts. DESCRIPTION: The Public Works Department utilizes consultants for professional services and on-call services to assist Staff in specific areas of technical and professional expertise. Consultants are solicited through an open and competitive request for qualifications (RFQ) process to identify consulting firms with the necessary background and experience to provide services and to ensure that the cost for services is competitive. On January 4, 2021, Staff issued an RFQ for acquisition audit and administration services related to the City’s various financing districts. The RFQ was sent to consultants previously under contract with the City and to those that had expressed interest in receiving RFQs and was posted on the City's website. 70 Page 2 of 2 In response to the RFQ, Staff received proposals from Francisco & Associates, Inc. and from Improvyze LLC. After reviewing the proposals, Staff determined Francisco & Associates, Inc. was the most responsive in terms of experience, proximity, and proposed project plan. Francisco & Associates, Inc. has an extensive client list providing similar services to the California Municipal Finance Authority, the cities of Emeryville, Livermore, Oakley, and Oakland, and to unincorporated Alameda County. There are two main parts to the services to be provided by Francisco & Associates, Inc. The first part is performance of audit services for Community Facilities District No. 2015-15 (Dublin Crossing), including reviewing improvement plans and developer reimbursement applications. The second part is administration of the City’s landscaping and maintenance districts, including collecting data, reviewing budgets, preparing the annual Engineer’s Report, and submitting the annual levy to the County tax collector. Administration services are also provided for the City’s Emergency Medical Services tax and residential garbage fee. The following is the full list of districts, assessments, and fees covered in the agreement. Community Facilities District 2015-1 (Dublin Crossing) Citywide Street Lighting Maintenance District 83-1 Landscaping and Lighting Maintenance District 83-2 (Stagecoach Rd) Landscaping and Lighting Maintenance District 86-1 (Dougherty Rd) Landscaping and Lighting Maintenance District 97-1 (Santa Rita Rd) Dublin Ranch Street Lighting Maintenance District 99-1 Excise Tax for Emergency Medical Services Service Fee for Residential Garbage and Recycling Services Since the tax roll levy and fee submissions are due to the Alameda County Tax Collector’s Office in August of each year, the term of the agreement will be from July 1, 2021 through December 31, 2024, to allow for services to continue through the fall of the final year of the agreement. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving an Agreement with Francisco & Associates, Inc. for Acquisition Audit and Administration Services 2) Exhibit A to the Resolution – Consulting Services Agreement with Francisco & Associates, Inc. 3) RFQ for Acquisition Audit and Administration Services 4)Proposal from Francisco & Associates, Inc. 71 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AN AGREEMENT WITH FRANCISCO & ASSOCATES, INC. FOR ACQUISITION AUDIT AND ADMINISTRATION SERVICES WHEREAS,Staff issued a Request for Qualifications (RFQ) for acquisition audit services for community facilities district and administration services for landscaping and lighting maintenance assessment districts, emergency medical service tax collection, and residential garbage and recycling services fee collection; and WHEREAS,the City received two responses to the RFQ; and WHEREAS,Staff reviewed and evaluated the proposals in accordance with the RFQ rating criteria and determined that Francisco & Associates, Inc. best met the City desired scope of services based on quality, completeness of the submission, and the firm’s experience with engagements of similar scope and complexity; and WHEREAS, the City desires to enter into an agreement with Francisco & Associates, Inc. for a not to exceed amount of $250,000 over a three-and-a-half-year term for audit services for community facilities district and administration services for landscaping and lighting maintenance assessment districts, emergency medical service tax collection, and residential garbage and recycling services fee collection. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with Francisco & Associates, Inc., attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 72 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 1 of 14 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND FRANCISCO & ASSOCIATES, INC. FOR ACQUISITION AUDIT SERVICES AND ADMINISTRATION SERVICES THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and Francisco & Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2024, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding the foregoing this Agreement may be extended on a month to month basis for up to 6 months upon the written consent of the Consultant and the City Manager, provided that: a) sufficient funds have been appropriated for such purchase, b) the price charged by the Consultant for the provision of the serves described in Exhibit A does not increase. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $250,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 Attachment 2 Exhibit A to the Resolution 73 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 2 of 14 performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. No individual performing work under this Agreement shall bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager or his/her designee. Invoices shall contain the following information: ▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ A copy of the applicable time entries or time sheets shall be submitted showing the following: o Daily logs of total hours worked by each individual performing work under this Agreement o Hours must be logged in increments of tenths of an hour or quarter hour o If this Agreement covers multiple projects, all hours must also be logged by project assignment o A brief description of the work, and each reimbursable expense ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ▪ The Consultant’s signature; ▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 74 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 3 of 14 Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within 60 days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B and shall not exceed $2,000. Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 75 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 4 of 14 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. 4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet these requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Consultant, its employees, agents, and subcontractors. 4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall submit the following: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 76 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 5 of 14 a. Certificate of Liability Insurance in the amounts specified in the section; and b. Waiver of Subrogation Endorsement as required by the section. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than $1,000,000 and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage. 4.2.3 Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. City, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant. c. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 77 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 6 of 14 d. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. 4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall submit the following: a. Certificate of Liability Insurance in the amounts specified in the section; b. Additional Insured Endorsement as required by the section; c. Waiver of Subrogation Endorsement as required by the section; and d. Primary Insurance Endorsement as required by the section. 4.3 Professional Liability Insurance. 4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least 5 years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of 5 years after completion of work under this Agreement. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 78 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 7 of 14 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall submit the Certificate of Liability Insurance in the amounts specified in the section. 4.4 All Policies Requirements. 4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all Certificates of Liability Insurance delivered to Consultant by the insurer, including complete copies of all endorsements attached to the policies. All copies of Certificates of Liability Insurance and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. 4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days’ prior written notice has been provided to the City. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 79 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 8 of 14 are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: ▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ▪ Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached Exhibit C, which is incorporated herein and made a part of this Agreement. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. This Agreement shall not be construed as an agreement for employment. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Consultant further acknowledges that Consultant performs Services outside the usual course of the City’s business; and is customarily engaged in an independently established trade, occupation, or business of the same nature as the Consultant performs for the City and has the option to perform such work for other entities. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 80 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 9 of 14 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, sex, gender, religion (including religious dress and grooming practices), national origin, ancestry, physical or mental disability, medical condition (including cancer and genetic characteristics), marital status, age, sexual orientation, color, creed, pregnancy, genetic information, gender identity or expression, political affiliation or belief, military/veteran status, or any other classification protected by applicable local, state, or federal laws (each a “Protected Characteristic”), against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 81 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 10 of 14 computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but are not limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 82 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 11 of 14 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of 3 years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 83 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 12 of 14 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Section 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous 12 months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of California Government Code Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of California Government Code Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the State of California. At City’s sole discretion, Consultant may be required to file with the City a Form 700 to identify and document Consultant’s economic interests, as defined and regulated by the California Fair Political Practices Commission. If Consultant is required to file a Form 700, Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and directions on how to prepare it. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 84 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 13 of 14 10.10 Notices. Any written notice to Consultant shall be sent to: Ed Espinoza, Principal Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, 94583 Any written notice to City shall be sent to: City of Dublin Attn:City Engineer 100 Civic Plaza Dublin, CA 94568 10.11 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, and represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. Exhibit A Scope of Services Exhibit B Compensation Schedule & Reimbursable Expenses Exhibit C Indemnification 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of the California Public Contract Code as a person engaging in investment activities in Iran as described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b) of Section 2202.5 of the California Public Contract Code, as applicable. SIGNATURES ON FOLLOWING PAGE DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 85 Consulting Services Agreement between City of Dublin and 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Page 14 of 14 The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear below certify that they are authorized to sign on behalf of the respective Party. CITY OF DUBLIN FRANCISCO & ASSOCIATES, INC. Linda Smith, City Manager Ed Espinoza, Principal Attest: Consultant’s DIR Registration Number (if applicable) Marsha Moore, City Clerk Approved as to Form: City Attorney 3070368.1 DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 86 EXHIBIT A SCOPE OF SERVICES INTRODUCTION Consultant shall provide professional services for a number of governmental service districts, specifically acquisition and audit services for Community Facilities Districts, and administrative services for Landscaping and Lighting Maintenance Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts. Acquisition and Audit Services for Community Facilities District (CFD 2015-1) City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) was formed in accordance with the Mello-Roos Community Facilities Act of 1982 (Act). CFD 2015-1 was formed for the acquisition of public improvements, which include capital public improvements, public fees, and private utility facilities authorized by the Act. Consultant shall review existing agreements and formation documents, create an acquisition audit review process, review improvement plans, bid documents, schedule of values, and review acquisition reimbursement applications. • Project Research and Process Establishment. Consultant shall review existing agreements between the City of Dublin and the Developer pertaining to CFD 2015-1. Consultant shall also establish a procedure and process, in coordination with the Developer, for the submission, review, and approval of reimbursement of authorized improvements and fees. Consultant shall provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. • Review of Developer Reimbursement Requests. Consultant shall review each reimbursement request submitted by the Developer pursuant to the Acquisition Agreement. When needed, Consultant shall request, in writing, additional documentation from the developer to substantiate acquisition eligibility when required. Upon completion of review, Consultant shall prepare and submit a written report that documents and provides the following: • A summary of costs to be reimbursed for each facility and/or discrete component • An executive summary and audit summary • Improvement location map • A summary listing of hard and soft costs • A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed and ineligible portions for reimbursement including an analysis based on the lessor of cost or value • A summary of invoices, proof of payment, and lien releases provided by the developer • A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement • Consultant will be asked to review both electronic as well as hard copy reimbursement requests • Consultant will need to be able to review and respond to reimbursement requests within ten business days. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 87 • Documentation. All final reports and associated documents shall be filed with the City. Consultant shall provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. All work products will become property of the City and provided in the format requested. Administrative Services for Landscaping and Lighting Maintenance Districts (LLMDs) Consultant shall administer five Landscaping and Lighting Maintenance Districts formed pursuant to the Landscape and Lighting Act of 1972. The selected firm will collect data, review budgets, prepare annual Engineer’s Report, submit annual levy to the County tax collector, and prepare manual bills (hand bills) for assessments levied on properties that do not receive a property tax bill. Annual tasks will include: 1. Preparing and completing an annual Engineer’s Report for each District. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes 3. Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified) 4. Keeping the City apprised of any changes to legal requirements for district operations 5. Working with City staff on revenue analysis for forecasting and budget purposes (as needed) 6. Working with City staff to identify future Capital Improvement needs within districts Districts 1. Citywide Street Lighting Maintenance Assessment District 1983-1 2. Landscaping and Lighting Maintenance Assessment District 1983-2 (Stagecoach Road) 3. Landscaping and Lighting Maintenance Assessment District 1986-1 (Dougherty Road) 4. Landscaping and Lighting Maintenance Assessment District 1997-1 (Santa Rita Area) 5. Dublin Ranch Street Lighting Maintenance Assessment District 1999-1 Administrative Services for Emergency Medical Services Tax (EMS Tax) Consultant shall manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. Annual tasks will include: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 88 1. Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the EMS tax in both an Excel and PDF format. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3. Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified). (Issuing of invoices is an optional task) 4. Keeping the City apprised of any changes to legal requirements for district operations. 5. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). Administrative Services for Residential Garbage & Recycling Services Fee (RGR) The City contracts with a private company to provide garbage and recycling collection, which is billed on the County Property Tax Roll with an annual flat rate. Consultant shall manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. Annual tasks will include: 1. Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the refuse charge in both an Excel and PDF format. 2. Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3. Keeping the City apprised of any changes to legal requirements for district operations. 4. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). Administrative Services – Additional Analysis and As-needed Services Consultant shall provide additional services, as needed, to assist the City with additional analysis, budget, or consultation related to the following: • Community Facilities District No. 2015-1 • Landscaping and Lighting District Nos. 1983-2, 1986-1, and 1997-1 • Street Lighting Maintenance Assessment District Nos. 1983-1, and 1999-1 • Emergency Medical Service Tax Collection Services • Residential Garbage and Recycling Fee Collection Services Engineer’s Reports and budgets shall be adjusted, as applicable, to account for these additional as-needed services. ADMINISTRATION OF FEES COLLECTED ON PROPERTY TAX BILL For all assessment districts which will require submission to the Alameda County tax assessor, the following tasks will be required: DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 89 1. Identify Any Changes from Prior Year: Consultant will need to obtain the new tax roll from the Alameda County Assessor, or other sources. As part of the budget planning process, selected firm will need to determine changes that occur from one year to the next in terms of increases or decreases in number or size of parcels and adjust figures accordingly. Consultant shall notify City of year to year changes. 2. Review of City Staff Prepared Budget Expenditure Estimates: Assist by providing professional review of the components included in the preliminary budget expenditure estimates prepared by City Staff. Provide input on any discrepancies based upon typical components of a property related fee program. Be sure to include an annual review of all new properties coming online from new development. 3. Assist City Staff in Preparing Budget Revenue Estimates: Based on data collected in earlier steps, provide City Staff with an automated summary table to calculate scenarios comparing expenditures to projected revenue. Please describe the format used to provide revenue projections and all escalators, such as including CPI and utility increases, as well as all methodology and assumptions used. City Staff and selected consultant will work together to ensure that all projected budgets for districts match to the City’s expenditure budget and revenue estimates for the City’s two year budget cycle. Additionally, revenue forecast methodology should allow for the City to supplement the fee revenue with other sources and/ or to recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. Consultant shall become familiar with City fee philosophy and assessment district history; and other issues related to the continued successful operation of the assessment district. 4. Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing. Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. Consultant shall have available preliminary assessment roll information as of the date of Public Hearings. In addition, Consultant will work within a specified timeframe to allow for completion of budget projections prior to City’s internal budget deadlines. 5. Attendance at Public Meetings: Consultant shall be prepared to attend two City Council meetings to answer questions related to Districts. This is an optional task for Community Facilities Districts as well as the five Landscaping and Lighting Maintenance Districts (LLMD generally all held together at the same City Council Meeting). (OPTIONAL TASK) 6. Preparation of Engineer’s Annual Levy Report: Prepare five Engineer’s Annual Levy Reports in accordance with legal requirements for Landscaping and Lighting Assessment Districts. Report shall include justification of levies, method of apportionment, district budget, and specific levies for parcels. 7. Notice & Ballots: If determined to be required by City Staff, assist with the data necessary to allow the City to distribute legal notices and ballots to be mailed due to increased assessments in accordance with legal requirements. (OPTIONAL TASK) DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 90 8. Tax Roll Levy Submittal: The selected firm shall submit the final levy for each fee / assessment to the County in the required format and by the date required, prior to the date specified by the County for each assessment district or fee specified. Assessments rejected by the County will be researched and resubmitted for collection on the County Tax Roll. Identified corrections shall also be submitted on an as needed basis in consultation with City Staff. 9. Handbilling: Selected firm will need to identify and prepare a handbilling report in order to identify parcels subject to assessment (this applies to parcels exempt from property taxes, to include: City owned land, County owned land, and tenants of City or County owned land). Selected firm will need to complete an assessment of such parcels, provide to City and work to determine eligibility and/or exemptions from this assessment. Selected firm will complete an annual report to Finance for tracking purposes. (OPTIONAL TASK) 10. Provide Customer Service for Taxpayer Inquiries: Act as the primary point of contact for any questions regarding Assessment Districts, fees, and tax bills. Consultant firm shall have their phone number listed on the property tax bill for each district, tax, and fee. 11. Final Written Reports: Firm selected shall also provide the City with a summary report of the total units assessed by the levy designation and County. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 91 EXHIBIT B COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES The following is a listing of estimated fees by project/tasks. These fees do not include tasks associated with conducting a Proposition 218 balloting election should the City decide to increase assessments. If the City decides to increase assessments, a supplemental proposal will be prepared to cover the mailing and balloting services. Acquisition Audit for CFD 2015-1 T & M (Hourly Rates Below) Landscape and Lighting Maintenance Districts Street Lighting Maintenance Districts No. 1983-1 $5,750 (Lump Sum) Landscaping and Lighting Districts No. 1983-2 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1986-1 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1997-1 $2,950 (Lump Sum) Street Lighting Maintenance Districts No. 1999-1 $3,950 (Lump Sum) Emergency Medical Services Tax (EMS Tax) $2,750 (Lump Sum) Residential Garbage & Recycling Service Fee (RGR) $2,750 (Lump Sum) Francisco & Associates Current Billing Rate for Francisco & Associates, Inc. Principal Engineer/Project Manager $160.00/hour Project Engineer $140.00/hour Associate Engineer $120.00/hour Senior Project Analyst $120.00/hour Project Analyst $100.00/hour GIS Analyst $100.00/hour Clerical $65.00/hour Optional Tasks: Notices and Ballots T & M (Hourly Rates Above) Reimbursables would be billed at cost plus 15%. Reimbursable costs include County Assessor data and maps, mileage, etc. Estimated not to exceed $1,000. Mileage would be billed at $0.56/mile. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 92 Consulting Services Agreement between City of Dublin and Last revised 07/01/2021 Francisco & Associates, Inc. for Acquisition Audit Services and Administration Services Exhibit C – Page 1 of 1 EXHIBIT C INDEMNIFICATION A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and damages, including property damage, personal injury, death, and liability of every kind, nature and description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during and after completion of Consultant’s work under this Agreement. B. With respect to those claims arising from a professional error or omission, Consultant shall defend, indemnify and hold harmless the City (including its elected officials, officers, employees, and volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or in part by the sole negligence or willful misconduct of the City. D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or any other proprietary rights of any person or persons because of the City or any of its officers, employees, volunteers, or agents use of articles, products things, or services supplied in the performance of Consultant’s services under this Agreement, however, the cost to defend charged to Consultant shall not exceed Consultant’s proportionate percentage fault. DocuSign Envelope ID: CDD4A37F-C3A8-4738-93BF-A34855D7AE30 93 REQUEST FOR QUALIFICATIONS ACQUISTION AUDIT AND ADMINISTRATION SERVICES FOR VARIOUS CITY DISTRICTS ACQUISITION AUDIT SERVICES FOR COMMUNITY FACILITIES DISTRICTS ADMINISTRATION SERVICES FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICTS ADMINISTRATION SERVICES FOR EMERGENCY MEDICAL SERVICE TAX COLLECTION ADMINISTRATION SERVICES FOR RESIDENTIAL GARBAGE AND RECYCLING SERVICES City of Dublin Nancy Nelson, Management Analyst II (925) 833-6630 Attachment 3 94 INTRODUCTION The City of Dublin is seeking professional services for a number of governmental service districts, specifically administrative services for Community Facilities Districts, Landscaping and Lighting Maintenance Districts, Emergency Medical Service Districts (EMS), and Residential Recycling and Trash Service Districts. It is in the best interest of the City to contract with a firm able to provide services for all district types. Additionally, the City will be looking for a firm who can provide one point of contact to manage efforts in order to ensure ease of communication between City Staff and the selected firm. 1.Acquisition and Audit Services for Community Facilities District (CFD 2015-1): City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing) was formed in accordance with the Mello- Roos Community Facilities Act of 1982 (Act). CFD 2015-1 was formed for the acquisition of public improvements, which include capital public improvements, public fees, and private utility facilities authorized by the Act. The City seeks a firm to review existing agreements and formation documents, create an acquisition audit review process, review improvement plans, bid documents, schedule of values, and review acquisition reimbursement applications. 2.Landscaping and Lighting Maintenance Districts (LLMDs): The City seeks a firm to administer five Landscaping and Lighting Maintenance Districts formed pursuant to the Landscape and Lighting Act of 1972. The selected firm will collect data, review budgets, prepare annual Engineer’s Report, submit annual levy to the County tax collector, and prepare manual bills (hand bills) for assessments levied on properties that do not receive a property tax bill. 3.Emergency Medical Services Tax (EMS Tax): The City collects an EMS Tax to fund the cost for paramedic first responders on all fire engines. The EMS Tax is collected on the property tax roll. The City of Dublin seeks a firm able to manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. 4.Residential Garbage & Recycling Services Fee (RGR): The City contracts with a private company to provide garbage and recycling collection, which is billed on the County Property Tax Roll with an annual flat rate. The City seeks a firm who is able to manage the administration of this tax collection, to include reporting all levy assessment changes to county tax collector offices. 95 Specialty Areas Requested: •Assessment Districts •Community Facilities Districts •Fee Districts •Maintenance Districts Consultant must have knowledge of: •Mello-Roos Law •Assessment District Laws •Brown Act •Propositions 218, 26 and relevant case law Deliverables •Annual Reports •Engineer’s Reports •Public Presentations (optional task) •Public Improvement Cost Reimbursement Analysis •Revenue Projection Assistance for City budget building process Please note the City reserves the right to enter into contract for any and all services as listed above. 96 ACQUISITION AUDIT SERVICES FOR COMMUNITY FACILITIES DISTRICTS Overview The City of Dublin is seeking a firm to provide acquisition audit services for Community Facilities District No. 2015-1 (Dublin Crossing), hereinafter “CFD 2015-1.” CFD 2015-1 was formed as part of the Dublin Crossing project, now called the Boulevard, located north of Dublin Boulevard, between Arnold Road and Scarlett Drive. Please see the CFD formation documents for a list of improvements and fees for City, DSRSD and Zone 7 (Attachment D). Acquisition Audit Services Project Description: 1.Project Research and Process Establishment. Consultant shall review existing agreements between the City of Dublin and the Developer pertaining to CFD 2015-1. Consultant shall also establish a procedure and process, in coordination with the Developer, for the submission, review, and approval of reimbursement of authorized improvements and fees. Consultant will provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. 2.Review of Developer Reimbursement Requests. Consultant will review each reimbursement request submitted by the Developer pursuant to the Acquisition Agreement and any amendments thereof. When needed, Consultant will request, in writing, additional documentation from the developer to substantiate acquisition eligibility when required. Upon completion of review, Consultant will prepare and submit a written report that documents and provides the following: •A summary of costs to be reimbursed for each facility and/or discrete component •An executive summary and audit summary •Improvement location map •A summary listing of hard and soft costs •A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed and ineligible portions for reimbursement including an analysis based on the lessor of cost or value •A summary of invoices, proof of payment, and lien releases provided by the developer •A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement •Consultant will be asked to review both electronic as well as hard copy reimbursement requests, if necessary •Consultant will need to be able to review and respond to reimbursement requests within ten business days. 3.Documentation. All final reports and associated documents shall be filed with the City. Consultant will provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. All work products will become property of the City and provided in the format requested. 97 LANDSCAPING AND LIGHTING MAINTENACE DISTRICT SERVICES The City is seeking a firm who is able to assist with property fee administration services for Landscaping and Lighting Maintenance Districts. The City maintains five such Maintenance Districts. Annual tasks will include: 1. Preparing and completing an annual Engineer’s Report for each District 2.Preparing staff report and resolutions for City Council 3.Completing an updated yearly assessment roll and submitting to County tax collector for billing purposes 4. Identifying, reporting on and handbilling all eligible parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified) 5.Keeping the City apprised of any changes to legal requirements for district operations 6.Working with City staff on revenue analysis for forecasting and budget purposes (as needed) 7. Working with City staff on any required audits 8.Working with City staff to identify future Capital Improvement needs within districts The City of Dublin will retain the responsibility for the preparation of the required engineering and construction work associated within the Assessment Districts’ boundaries. However, the firm must be sufficiently familiar with laws and regulations related to the collection of property related fees and the format required for submittal of the tax roll data to Alameda County. Districts 1.Citywide Street Lighting Maintenance Assessment District 1983-1 This District was established in 1983 to replace the County Service Area following the City’s incorporation. This District provides street lighting citywide, with the exception of the Dublin Ranch Community. 2.Landscaping and Lighting Maintenance Assessment District 1983-2 (Stagecoach Road) This District was established in 1983 and is limited to neighborhoods adjacent to Stagecoach Road, in order to fund landscape maintenance and supporting utilities (irrigation water and electric timers) for roadside landscaping. 3.Landscaping and Lighting Maintenance Assessment District 1986-1 (Dougherty Road) This District was established in 1986 and includes single and multi-family homes. There is one small commercial property that is assessed at four times the single-family rate. 4.Landscaping and Lighting Maintenance Assessment District 1997-1 (Santa Rita Area) This District was established in 1997 in order to fund the cost of roadside landscaping maintenance and utilities in the Santa Rita area, formerly owned by Alameda County. 5.Dublin Ranch Street Lighting Maintenance Assessment District 1999-1 This District was established in 1999 for maintenance and utility costs for decorative street lighting in Dublin Ranch and other developments that are not using the standard Type 15/cobra head streetlight. There may be additional annexations to this District as new areas develop. 98 For copies of the Fiscal Year 2020-21 Engineer’s Reports: http://dublin.ca.gov/301/Assessment- Districts EMERGENCY MEDICAL SERVICE (EMS) TAX The City is seeking a firm who is able to assist with the administration of EMS fee collection services. Annual tasks will include: 1.Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the EMS tax in both an Excel and PDF format. 2.Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3.Identifying and handbilling all parcels which are not billed by County tax collector (this may include back billing if any such parcels are identified). (Issuing of invoices is an optional task) 4.Keeping the City apprised of any changes to legal requirements for district operations. 5.Working with City staff on revenue analysis for forecasting and budget purposes (as needed). EMS taxes offset a portion of the cost to have paramedic first responders on all Fire Engines. In 1997, 84.4% of the voters in a special election approved a City-wide Emergency Medical Services tax to be collected on the property tax roll. Selected firm will work with City to identify and submit updated parcel data to the County tax collector for inclusion on tax rolls. RESIDENTIAL GARBAGE AND RECYCLING SERVICES The City is seeking a firm who is able to assist with the administration of residential garbage and recycling fee collection services. Annual tasks will include: 1.Completing an annual report, to include a review of the tax roll and identification of all parcels in need of manual billing. This report should include a list of all parcels that are paying the refuse charge in both an Excel and PDF format. 2.Completing an updated yearly assessment roll and submitting this to the County tax collector for billing purposes. 3.Keeping the City apprised of any changes to legal requirements for district operations. 4. Working with City staff on revenue analysis for forecasting and budget purposes (as needed). 99 Residential garbage and recycling fees are billed at a flat annual rate. Historical data must be used to exclude parcels serviced by a centralized bin. Selected consultant may also be asked to assist the City in calculating rates and adding any additional multifamily parcels to the roll. The City contracts with a private company to provide garbage and recycling collection. For residential projects that do not have a centralized bin, the basic cost of residential garbage and recycling service is collected on the Property Tax bill. The City then pays the Company. Residents can subscribe to a higher service level and are billed by the Company for the difference in increased service. ADMINISTRATION OF FEES COLLECTED ON PROPERTY TAX BILL For all assessment districts which will require submission to the Alameda County tax assessor, the following tasks will be required: 1)Identify Any Changes from Prior Year: Consultant will need to obtain the new tax roll from the Alameda County Assessor, or other sources. As part of the budget planning process, selected firm will need to determine changes that occur from one year to the next in terms of increases or decreases in number or size of parcels and adjust figures accordingly. Consultant shall notify City of year to year changes. 2.Review of City Staff Prepared Budget Expenditure Estimates: Assist by providing professional review of the components included in the preliminary budget expenditure estimates prepared by City Staff. Provide input on any discrepancies based upon typical components of a property related fee program. Be sure to include an annual review of all new properties coming online from new development. 3.Assist City Staff in Preparing Budget Revenue Estimates: Based on data collected in earlier steps, provide City Staff with an automated summary table to calculate scenarios comparing expenditures to projected revenue. Please describe the format used to provide revenue projections and all escalators, such as including CPI and utility increases, as well as all methodology and assumptions used. City Staff and selected consultant will work together to ensure that all projected budgets for districts match to the City’s expenditure budget and revenue estimates for the City’s two-year budget cycle. Additionally, revenue forecast methodology should allow for the City to supplement the fee revenue with other sources and/ or to recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. Consultant shall become familiar with City fee philosophy and assessment district history; and other issues related to the continued successful operation of the assessment district. 5.Scheduling of Tasks: Consultant shall meet with Staff in the initial stages of the project to jointly establish preliminary dates for any scheduled public meeting and/or required public hearing. Consultant and City Staff shall verify that the schedule will meet required steps necessary to complete the process within the timelines required by law. Consultant shall have available preliminary assessment roll information as of the date of Public Hearings. In addition, Consultant will work within a specified timeframe to allow for completion of budget projections prior to City’s internal budget deadlines. 6.Attendance at Public Meetings: Consultant shall be prepared to attend two City Council meetings to answer questions related to Districts. This is an optional task for Community Facilities Districts as well as 100 the five Landscaping and Lighting Maintenance Districts (LLMD generally all held together at the same City Council Meeting). (OPTIONAL TASK) 7. Preparation of Engineer’s Annual Levy Report: Prepare five Engineer’s Annual Levy Reports in accordance with legal requirements for Landscaping and Lighting Assessment Districts. Report shall include justification of levies, method of apportionment, district budget, and specific levies for parcels. 8. Notice & Ballots: If determined to be required by City Staff, assist with the data necessary to allow the City to distribute legal notices and ballots to be mailed due to increased assessments in accordance with legal requirements. (OPTIONAL TASK) 9. Tax Roll Levy Submittal: The selected firm shall submit the final levy for each fee / assessment to the County in the required format and by the date required, prior to the date specified by the County for each assessment district or fee specified. Assessments rejected by the County will be researched and resubmitted for collection on the County Tax Roll. Identified corrections shall also be submitted on an as needed basis in consultation with City Staff. 10. Handbilling: Selected firm will need to identify and prepare a handbilling report in order to identify parcels subject to assessment (this applies to parcels exempt from property taxes, to include: City owned land, County owned land, and tenants of City or County owned land). Selected firm will need to complete an assessment of such parcels, provide to City and work to determine eligibility and/or exemptions from this assessment. Selected firm will complete an annual report to Finance for tracking purposes. (OPTIONAL TASK) 11. Provide Customer Service for Taxpayer Inquiries: Act as the primary point of contact for any questions regarding Assessment Districts, fees, and tax bills. Consultant firm shall have their phone number listed on the property tax bill for each district, tax, and fee. 12. Final Written Reports: Firm selected shall also provide the City with a summary report of the total units assessed by the levy designation and County. 101 BACKGROUND AND TIMELINE FOR CITY OF DUBLIN CURRENT ASSESSMENTS / TAXES / FEES Assessments / Taxes / Fees Collected On Property Tax The services sought through this RFQ will address a total of eight (8) separate levies comprised of: one (1) Community Facilities District (CFD) 2015-1; five (5) Landscaping & Lighting Assessment Districts (AD); one (1) Excise Tax for Emergency Medical Services (EMS); and one (1) Service Fee for Residential Garbage & Recycling Services (RGR). CFD review will be conducted on an ongoing basis depending upon Developer’s submittal of a reimbursement request. LLMD review generally involves a December review of budgets, drafting of Engineer’s Reports beginning in February, Approval of reports in May and submission to the County Tax collector in early August. EMS and RGR fees are also submitted to the County Tax collector in August. 102 RFQ Submittal Requirements Please prepare and organize your Statement of Qualification based on the requirements provided below. Any other information you would like to include should be placed in a separated section at the back of your Statement of Qualification. Please note however that the RFQ submittal is limited to 15 pages maximum (excluding resumes). Page limit excludes a table of contents, divider pages, and resumes for Consultant’s team. Proposers shall submit electronic copy to: Nancy Nelson, Management Analyst II Nancy.Nelson@dublin.ca.gov AND Emily Determan, Office Assistant II Emily.Determan@dublin.ca.gov Electronic copies shall be submitted by emailed PDF only. Schedule for RFQ Process January 4, 2021 RFQs posted on City webpage and emailed to Interested Parties* January 13, 2021 Deadline to submit questions to City of Dublin January 15, 2021 Addendum posted, if required January 25, 2021 Proposals are due no later than 4:00 PM. Late submittals will not be accepted. February of 2021 Interview firms (optional) April 6, 2021 Consulting Services Agreement scheduled for approval by the Dublin City Council. July 1, 2021 Contract effective date (Tentative dates, subject to change) Submission received after the stated deadline will not be accepted for consideration. All changes and addendums will be posted to the City website: http://www.dublin.ca.gov/bids.aspx 103 STATEMENT OF QUALIFICATIONS CHECKLIST 1.Enclose a cover letter not to exceed one page, describing the firm's interest and commitment to perform work necessary to provide acquisition audit services to the City. The person authorized by the firm to negotiate a contract with the City of Dublin shall sign the cover letter. In addition, please provide contact information for the project manager, including phone number. Please include this cover letter as page one. 2.State the qualifications and experience of the firm/individual(s). Please emphasize the specific qualifications and experience with engagements of similar scope and complexity for each project category. The City does recognize that there may be different staff supporting varying functions of this project proposal. 3.Provide at least three references (names and current phone numbers) from recent work (previous five years) similar to the services outlined in this request for qualification. Please include a brief description of the work performed and the role your firm performed. It is desired that firms list references specifically for CFD and AD services, where possible. 4.List key staff members, including identification of the Project Manager/primary point-of-contact, as well as individual project leads. Include each team member’s availability, and the ability of being able to complete the project in time and budget. 5.Provide an approach to providing each type of service, showing the flow of various tasks and demonstrating a clear understanding of the requested work. 6.Provide a project schedule in the form of a draft calendar for Fiscal Year 2021-2022, listing all tasks required for all requested services. Please be sure to indicate the District or Fee for each service or type of service. 7.Present proposed project budgets, to include a compensation rate schedule for time and materials. Firms should list this separately for each of the five projects and list line item pricing for any optional tasks. 8.Provide confirmation of your firm’s ability to meet the City’s Standard Consulting Agreement and insurance requirements. Exceptions to the Agreement and insurance requirements shall be specifically noted in the submission. 9.Provide confirmation of your firm’s ability to meet the City’s Conflict of Interest requirements, including submission of a current client list, as described in the Conflict of Interest section of this RFQ. 10.Example reports or other example work product. 104 Standard Consulting Agreement: It is anticipated that the services covered by the Agreement resulting from this solicitation will be performed on a time and materials fee basis for a specified scope of work. The term of the agreement is planned to begin July 1. 2021, for a three-year term. A sample of the City’s Standard Consulting Agreement (Agreement), including insurance requirements, is provided as Attachment A. If the interested firm desires to take exception to the Agreement and/or insurance requirements, the interested firm shall clearly identify proposed changes to the Agreement and furnish the reason for these changes, which shall be included in the qualification. Exceptions will be taken into consideration in evaluating submissions. Otherwise, the interested firm is to state in the submission that the Agreement and insurance requirements are acceptable. Consideration for exceptions will not be considered if not included in the submission. Conflict of Interest Proposer agrees that, for the term of this contract, no member, officer or employee of the City of Dublin, or of a public body within Alameda County or member or delegate to the Congress of the United States, during his/her tenure or for one year thereafter, shall have any direct interest in the contracts or any direct or material benefit arising therefrom. Proposers must provide a list of any potential conflicts of interest in working for the City of Dublin. This must include, but is not limited to, a list of your firm’s clients who are the following: Private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda, and a brief description of work for these clients. Proposers must also identify any other clients (including public entities), that may pose a potential conflict of interest, as well as a brief description of work you provide to these clients. This list must include all potential conflicts of interest within the year prior to the release of this RFQ as well as current and future commitments to other projects. Principals and those performing work for City of Dublin may be required to submit a California Fair Political Practices Commission (FPPC) Form 700: Statement of Economic Interests documenting potential financial conflicts of interest. For additional information, proposers should refer to the FPPC website at http://www.fppc.ca.gov/Form700.html. 105 Review and Selection Process The City reserves the right to make a selection based on its sole discretion. A subcommittee selected by City Staff will evaluate Statement of Qualifications provided in response to this RFQ. Informal interviews may be conducted by City staff, and may include more than one firm that has submitted a Statement of Qualifications. The City reserves the right to award a contract to the firm(s) that the City feels best meets the requirements of the RFQ. The City reserves the right to reject any and all Statement of Qualifications prior to execution of the Agreement, Submitted Statement of Qualifications will be evaluated and scored using the following criteria: •Qualifications and specific experience of key project team members. •Ability to designate one main point of contact for all project areas. •Quality and completeness of the submission. •Experience with engagement of similar scope and complexity. •Satisfaction of previous clients. •Cost of providing the consultant services for this project. 106 Attachment A Consulting Services Agreement Attachments to the RFQ removed for May 4, 2021 City Council Meeting 107 City of Dublin Request for Qualifications For Acquisition Audit & Administration Services for Various City Districts Prepared by Francisco & Associates, Inc. Contact Person: Ed Espinoza, P.E. 231 Market Place, Suite 543 San Ramon, CA 94583 Phone: (925) 867-3400 February 9, 2021 Attachment 4 108 TABLE OF CONTENTS FRANCISCO & ASSOCIATES, INC. i PAGE NO. SECTION I – Firm Qualifications and Experience ..................................................................................... 1-1 SECTION II – Similar Engagements and References ................................................................................ 2-1 Acquisition Audit Services .................................................................................. 2-1 Landscape and Lighting Maintenance Districts .......................................... 2-2 Emergency Services (EMS Tax) ....................................................................... 2-3 Garbage and Recycling Services ....................................................................... 2-4 SECTION III – Staff Resumes and Experience ........................................................................................... 3-1 Eduardo R. Espinoza, P.E. Resume ................................................................... 3-3 Brian Brown, MPA Resume ................................................................................ 3-7 Dennis Anderson Resume ................................................................................. 3-10 Joseph A. Francisco, P.E. Resume ................................................................... 3-16 SECTION IV – Specific Approach, Scope of Work, and Project Schedule ......................................... 4-1 Acquisition Audit Services .................................................................................. 4-1 Landscape and Lighting Maintenance Districts .......................................... 4-2 Emergency Services (EMS Tax) ....................................................................... 4-5 Garbage and Recycling Services ........................................................................ 4-6 Project Schedules ................................................................................................... 4-8 SECTION V – Proposed Project Fees and Rate Schedules ...................................................................... 5-1 APPENDIX “A” – Example Work Landscape and Lighting Maintenance Districts .......................................... A-1 Acquisition Audit Services ................................................................................. A-2 109 231 Market Place ~ Suite 543 ~ San Ramon, CA 94583 (925) 867-3400 ~ fax (925) 867-3415 O:\$$Marketing\$Agencies\Dublin\Admin\2021\Response to RFQ\Cover Letter.docx February 9, 2021 Emily Determan City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Proposal to Provide Acquisition Audit Services for CFD No. 2015-1 and Annual Administration Services for Various Financing Districts within the City of Dublin Dear Emily: Please find enclosed our proposal to provide acquisition audit services for the City of Dublin’s CFD No. 2015-1 and annual administration services for the City of Dublin’s Street Lighting Maintenance District Nos. 1983-1 and 1999-1 & Landscaping and Lighting District Nos. 1983-2, 1986-1, 1997-1, Emergency Medical Services (EMS) tax, and Residential Garbage and Recycling Services charge. Francisco & Associates, Inc. is committed to continuing to provide excellent service to the City of Dublin if given the opportunity. The Principal-in-Charge and your main point of contact will be Ed Espinoza, P.E. who has over 12 years of municipal engineering and finance experience which includes the formation and administration of various special financing districts. Mr. Espinoza currently is assisting the cities of Brentwood, Dublin, Hercules, Lincoln, and Oakley with the formation and administration of their Community Facilities Districts and Landscape and Lighting Assessment Districts. Mr. Espinoza will be supported by Brian Brown and Dennis Anderson who will be Project Managers assisting with the administration services and acquisition audit services. Brian has over 15 years of experience in the formation and administration of Special Financing Districts and has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. Dennis has over 20 years of municipal finance experience which includes numerous acquisition audits and the formation and administration of over 100 special financing districts. In addition, Joseph Francisco, P.E. will be the Quality Control Engineer and has over 30 years of municipal engineering experience which includes the formation and administration of over 200 special financing districts. Together, the key staff members have over 70 years of municipal engineering and public finance experience. If you have any questions or comments regarding our proposal, please give me a call at (925) 867-3400. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal A Financial Services Group 110 SECTION I FIRM QUALIFICATIONS AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. SECTION I FIRM QUALIFICATIONS AND EXPERIENCE 111 SECTION I FIRM QUALIFICATIONS AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 1-1 Francisco & Associates, Inc. is a corporation and a certified small business with the State of California. Our firm was established in the San Francisco Bay Area in 2000 to provide financial and assessment engineering services to the public sectors throughout the state of California. The principal staff members of Francisco & Associates, Inc. have over 70 years of combined public financing and municipal engineering experience, which involves the formation and administration of over 200 special financing districts. The services provided by Francisco & Associates, Inc. generally consist of:  Acquisition Audit Services  Maintenance District Formation & Administration (1972 Act)  Assessment District Formation & Administration (1913/1915 Act)  Community Facility District Formation & Administration (Mello-Roos Act)  Special Fee District Formation & Administration  Special Tax District Formation & Administration  Cost Reimbursement Districts  Geological Hazard Abatement Districts  Proposition 218 Compliance  Public Relations/Noticing & Balloting The staff at Francisco & Associates, Inc. has performed a variety of tasks associated with the aforementioned services including, but not limited to, conducting over $500 million in acquisition audit services, preparation of Assessment Engineering Reports, Proposition 218 compliance reviews, Special Tax/Fee Reports and Special Tax/Fee Audits, preparation of Feasibility Studies, development of Special Tax formulas, development of operational budgets, Special Tax forecasting, continuing disclosures, and public presentations to neighborhood groups (HOAs), organized community groups, City Councils, Boards of Supervisors, Boards of Directors and at public finance seminars. Another important factor that occurs behind the scenes in our company is our quality control program. When a company, such as ours, is responsible for the levying of almost $400 million in assessments, special taxes, and fees on over 3.9 million parcels annually it is extremely important to have in place sound quality control measures. Our quality control program is comprehensive and extremely rigorous which is why if you talk to any of our clients you will hear that our work is accurate, clear, and concise. The goals for our company are quite simple; listen to our clients, provide quality service with a personal touch and be extremely responsive. Because these goals have always been instilled in our staff it has allowed us to say that none of our existing clients have ever strayed to one of our competitors. This unprecedented record is the result of our quality work, attention to detail and listening to our clients’ needs. We have reviewed the City’s Standard Consulting Agreement and insurance requirements and have determined that Francisco & Associates, Inc. can meet these requirements. Also, Francisco & Associates, Inc. does not have any potential conflicts of interest in working for the City of Dublin. Our firm does not have any private clients located or operating within the City of Dublin limits, Dublin San Ramon Service District, US Army Camp Parks and/or the County of Alameda. 112 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. SECTION II SIMILAR ENGAGEMENTS AND REFERENCES 113 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-1 This section provides a brief description of work performed by key staff members of Francisco & Associates, Inc. on projects of similar scope related to Acquisition Audit Services, Landscape and Lighting Maintenance Districts, Emergency Medical Services Tax, and Garbage and Recycling Services. Also listed below are the corresponding references for each project. We encourage you to give them a call and hear firsthand about our quality service and commitment to their projects. If you should need additional references, we can provide them upon your request. 1. ACQUISITION AUDIT SERVICES City of Dublin (CFD No. 2015-1 Dublin Crossing) Acquisition Audit Services – $60+ million as of January 2021 Francisco & Associates, Inc. has assisted the City of Dublin with providing acquisition audit services for CFD No. 2015-1 (Dublin Crossing) since 2018. The services provided have consisted of establishing a procedure and process for the submission, review, and approval of reimbursement requests for authorized improvements and development related fees; assisting with amending the previously approved Acquisition Agreement; and auditing $60+ million in reimbursement requests consisting of City fees, Dublin San Ramon Services District fees, and infrastructure such as roadway, sewer, water, storm drainage, reclaimed water, traffic signals, and storm water quality improvements. Project Reference: Laurie Sucgang, P.E., Assistant Public Works Director/City Engineer (925)-833-6630 e: laurie.sucgang@dublin.ca.gov California Municipal Finance Authority (10 CFDs through BOLD Program) Acquisition Audit Services – $25+ million as of January 2021 The California Municipal Finance Authority (CMFA) is a Joint Powers Authority that assists developers, municipalities, and school districts throughout the State to collaborate in the financing of public infrastructure projects and development related fees through their Bond Opportunities for Land Development (BOLD) program. Francisco & Associates, Inc. has assisted CMFA, developers, and various public agencies with providing acquisition audit services for 10 Community Facilities Districts since 2018. The services provided have consisted of assisting with the preparation and execution of Acquisition Agreements; establishing procedures and processes for the submission, review, and approval of reimbursement requests for authorized improvements and development related fees; and auditing $25+ million in reimbursement requests consisting of development related fees and infrastructure such as roadway, sewer, water, storm drainage, reclaimed water, traffic signals, and storm water quality improvements. Project Reference: Travis Cooper, Financial Advisor for CMFA (760) 795-9185 e: tcooper@cmfa-ca.com 114 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-2 City of Oakley (Gilbert Ranch and Emerson Ranch Reimbursement Agreements) Reimbursement Amount – $5.5 million Francisco & Associates, Inc. assisted the City of Oakley with the preparation and approval of two separate agreements between the City and developers to reimburse the developers for construction costs associated with stormwater improvements for the Gilbert Ranch and Emerson Ranch developments. The services provided included preparation of an application form per City Municipal Code, evaluation of costs submitted for reimbursement, preparation of the reimbursement agreement and exhibits, preparation of notice of public hearing packages sent to property owners, and preparation of City Council documents for the Public Hearing. Project Reference: Kevin Rohani, Public Works Director/City Engineer p: (925) 625-7003 e: Rohani@ci.oakley.ca.us 2. LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS City of Dublin (Street Lighting Maintenance District Nos. 1983-1 and 1999-1 and Landscape and Lighting Assessment District Nos. 1983-2, 1986-1, and 1997-1) No. of Combined Assessable Parcels Annually – 21,518 FY 2020-21 Combined Assessment Revenue – $1.2 million Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their five Street Lighting and Landscape and Lighting Assessment Districts which fund the operation and maintenance of public streetlights and landscaping improvements located in various developments in the City. The five Districts assess approximately 21,500 parcels combined to collect more than $1,200,000 annually. Each year Francisco & Associates, Inc. prepares the Engineer’s Reports and associated Council documents, updates the assessment district databases, assist in the development of maintenance budgets, calculate, and place the assessments on the property tax roll, prepares a listing of parcels to be manually billed, and answers property owner questions throughout the year. Project Reference: Nancy Nelson, Management Analyst II p: (925) 833-6630 e: nancy.nelson@dublin.ca.gov City of Oakland (Citywide Landscape and Lighting District) No. of Combined Assessable Parcels Annually – 106,553 FY 2020-21 Combined Assessment Revenue – $18.3 million Francisco & Associates, Inc. has assisted the City of Oakland with the annual administration of their Landscape and Lighting District which funds the operation and maintenance of the City’s streetlights, landscaping, and parks facilities. The District includes three (3) zones of benefit and assesses approximately 106,500 parcels to collect more than $18,000,000 annually. Each year 115 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-3 Francisco & Associates, Inc. prepares the Engineer’s Report and presents the report to City Council for approval. We also update the assessment district database, develop maintenance budgets, place the assessments on the property tax roll and answer property owner questions throughout the year. Project Reference: Brittany Hines, Finance Department p: (510) 238-7078 e: bhines@oaklandca.gov City of Hercules (LLAD Nos. 83-2, 2002-1, 2002-2, 2004-1, and 2005-1) No. of Combined Assessable Parcels Annually – 17,125 FY 2020-21 Combined Assessment Revenue – $3.0 million Francisco & Associates, Inc. has assisted the City of Hercules with the annual administration of their various Landscape and Lighting Assessment Districts for the past thirteen (13) years. The annual administrative process includes preparation of the annual Engineer’s Reports, development of the annual assessment budgets, preparation of assessment district maps utilizing GIS, preparation of assessment rolls, annexation proceedings for new development, coding of expenditures throughout the fiscal year, etc. In addition, Francisco & Associates, Inc. assists in the preparation of all the City staff reports and resolutions, attends City Council meetings, and handles all property owner phone calls for the City. Project Reference: Mike Roberts, Public Works Director p: (510) 799-8241 e: MikeRoberts@ci.hercules.ca.us 3. EMERGENCY MEDICAL SERVICES TAX (EMS TAX) City of Dublin Emergency Medical Services Tax No. of Taxable Parcels Annually – 19,655 FY 2020-21 Special Tax Revenue – $209,500 Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their Emergency Medical Services Tax which funds the cost for paramedic first responders on fire engines. The annual administration process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. We also place the special taxes on the property tax roll and answer property owner questions throughout the year. Project Reference: Jay Baksa, Assistant Administrative Services Director p: (925) 833-6648 e: jay.baksa@dublin.ca.gov 116 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-4 Countywide Alameda Emergency Medical Services Tax No. of Taxable Parcels Annually – 425,844 FY 2020-21 Special Tax Revenue – $23.1 million Francisco & Associates, Inc. has assisted Alameda County with the annual administration of their Countywide Emergency Medical Services Tax for the past thirteen (13) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. There are approximately 7,400 new or changed parcels each fiscal year that need this type of analysis done. Since we administer the entire County of Alameda, it provides valuable data for administering the City of Dublin’s special financing districts (e.g., cross check for the number of units, development status of each parcel, etc.). Project Reference: Lauri McFadden, Director p: (510) 618-2055 e: lauri.mcfadden@acgov.org City of Emeryville Supplemental Paramedic Services Tax No. of Taxable Parcels Annually – 4,353 FY 2020-21 Special Tax Revenue – $200,500 Francisco & Associates, Inc. has assisted the City of Emeryville with the annual administration of their Supplemental Paramedic Services Tax for the past twelve (12) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the special tax to the parcel based upon the approved special tax formula. Project Reference: Bill Zenoni, Interim Finance Director/Treasurer p: (510) 596-4352 e: bzenoni@emeryville.org 4. GARBAGE AND RECYCLING SERVICES City of Dublin Garbage and Recycling Service Charge No. of Chargeable Parcels Annually – 16,282 FY 2020-21 Special Tax Revenue – $6.9 million Francisco & Associates, Inc. has assisted the City of Dublin with the annual administration of their Garbage and Recycling Service Charge which funds the contract to provide garbage and recycling collection. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the 117 SECTION II SIMILAR ENGAGEMENTS AND REFERENCES FRANCISCO & ASSOCIATES, INC. 2-5 use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the service fee to the new parcels based upon the approved service fee formula. Project Reference: Jay Baksa, Assistant Administrative Services Director p: (925) 833-6648 e: jay.baksa@dublin.ca.gov City of Livermore Sewer Service and Use Charge No. of Chargeable Parcels Annually – 27,035 FY 2020-21 Special Tax Revenue – $20.3 million Francisco & Associates, Inc. has assisted the City of Livermore with the annual administration of their Sewer Service and Use Charge for the past twelve (12) years. The annual administrative process includes analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers. In addition, we identify the use of each newly created assessor parcel or changes in use for existing parcels and if applicable apply the sewer service charge to the new parcels based upon the approved sewer service charge formula. Project Reference: Ann Furtado, Accounting Supervisor p: 925-960-4351 e: amfurtado@cityoflivermore.net City of Norwalk Sewer Service Charge No. of Chargeable Parcels Annually – 23,055 FY 2020-21 Special Tax Revenue – $2.5 million Francisco & Associates, Inc. has assisted the City of Norwalk with the annual administration of their Sewer Service Charge for the past eight (8) years. The annual administrative process includes assisting with property owner noticing and Council action requirements, analyzing each assessor parcel that retires to determine the newly created assessor parcel numbers, coordinating with three water companies to obtain the latest water meter information to update the sewer service charge database, and submitting the final sewer service charges and required documents to the County for approval and placement on the ensuing year’s property tax roll. Project Reference: Pam Torres, Management Analyst p: (562) 929-5514 e: ptorres@norwalkca.gov 118 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. SECTION III STAFF RESUMES AND EXPERIENCE 119 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 3-1 PROJECT STAFF Eduardo Espinoza, P.E., will be your primary point of contract but Brian Brown, Dennis Anderson, and Joseph Francisco, P.E., will be key project staff assisting the City with acquisition audit services and the annual administration of your financing districts. Other staff members will assist the key project staff as needed throughout the year. Detailed resumes for Eduardo Espinoza, P.E., Brian Brown, Dennis Anderson, and Joseph Francisco, P.E., are included in this section for your review. Eduardo Espinoza, P.E., Principal-in-Charge Eduardo Espinoza, P.E will be Principal-in-Charge and will be the City’s main point of contact (925-867-3400). Mr. Espinoza has over 12 years of municipal engineering and public finance experience which includes the formation and administration of over 100 special financing districts. These financing districts were formed pursuant to Mello-Roos Community Facilities District Law, the Landscape & Lighting Act of 1972, the Government Code, and the Health and Safety Code. Mr. Espinoza currently is assisting the cities of Oakley, Hercules, and Brentwood with the formation and administration of their Community Facilities Districts and Landscape and Lighting Assessment Districts. Mr. Espinoza is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation processes. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency councils, boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of special financing districts, including facility acquisition audits and reimbursement. Brian Brown, Project Manager Mr. Brown will serve as Project Manager responsible for assisting the Principal-In-Charge with all aspects of the annual administration services associated with the City’s various financing districts. Mr. Brown has 15 years of experience in the formation and administration of Special Financing Districts in the state of California. Brian has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. He has formed and administered special financing districts formed under a variety of California statutes, including, but not limited to the Mello-Roos Community Facilities Act of 1982, Improvement Act of 1913, Municipal Bond Act of 1915, and Landscape and Lighting Act of 1972. Mr. Brown is responsible for performing various tasks pertaining to all aspects of the formation and administration of Special Financing Districts. These duties include creating financing strategies, developing tax and assessment methodologies, preparation of reports, data manipulation, council presentations, community outreach, and management of the databases associated with the special financing districts. Dennis Anderson, Project Manager Mr. Anderson will serve as Project Manager responsible for assisting the Principal-In-Charge with all aspects of the CFD No. 2015-1 (Dublin Crossing) Acquisition Audit Services. Mr. 120 SECTION III STAFF RESUMES AND EXPERIENCE FRANCISCO & ASSOCIATES, INC. 3-2 Anderson has more than twenty (20) years of professional Public Financing and Assessment Engineering experience. He has served as Principal and Technical Advisor for the formation and administration of over 100 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities Act of 1982, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982, Property and Business Improvement Law of 1994, and Special Fee and Tax Districts. His experience also extends to the State of Nevada, having formed special financing districts under the authority of the Nevada Revised Statues. Mr. Anderson is also extremely familiar with conducting acquisition audits for bonded Community Facilities Districts and Assessment Districts. Dennis has processed over $500 million in reimbursements for roadway, parks, sewer, water, storm drainage, reclaimed water, traffic signals, and water quality improvements. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency councils, boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bonded and maintenance districts, including facility acquisition audits and reimbursement. Joseph A. Francisco, P.E., Quality Control Engineer Mr. Francisco will be the Quality Control Engineer who will assist the Principal-In-Charge and Project Managers with review of all reports, spreadsheets, audits, and databases prior to submittal to the City and the County of Alameda for inclusion on the secured property tax roll. Mr. Francisco is a Registered Civil Engineer in the State of California and has over thirty (30) years of experience in the formation and administration of over 200 Special Financing Districts. Mr. Francisco has assisted numerous agencies with the administration, formation, or re- confirmation of their special financing districts throughout California. Some of the agencies he is currently assisting are the counties of Alameda, Contra Costa and Santa Clara, the City’s of Emeryville, Newark, Livermore, Oakland, and the Hayward Area Recreation & Park District and the Livermore Area Recreation & Park District, etc. 121 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-3 Education University of Florida, B.S.C.E., Civil Engineering Registrations Professional Engineer, California, No. 83709 Affiliations American Society of Civil Engineers American Public Works Association Municipal Management Assistants of Northern California Committee on Assessments, Special Taxes, & Other Financing Facilities (CASTOFF) Mr. Espinoza has assisted public agencies throughout the state of California in the formation and administration of several Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities District, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982 and Special Fee and Tax Districts. Mr. Espinoza is responsible for performing various tasks pertaining to all aspects of the formation and administration of Public Finance Districts. These duties include implementing and creating innovative benefit assessment methodologies, preparation of Engineer’s Reports, Council and Board presentations, community outreach meetings, design of factual informational brochures, GIS mapping and data manipulation, and creation and administration of the databases associated with the assessments and special taxes. Prior to joining Francisco & Associates, Inc., Eduardo was a Project Engineer for Kimley- Horn and Associates, Inc. and worked on several public and private sector projects including the preparation of due diligence reports for potential commercial and residential development, Flood Control and Water Quality Improvements, Roadway Improvements, Watershed Management Plans, and Environmental Impact Studies. Eduardo was responsible for Civil improvements design including plans preparation, delegating tasks to other staff, and daily interaction with clients. Eduardo also has extensive experience in the use of GIS and its various applications. This experience includes shapefile and geodatabase creation and manipulation for all aspects of mapping and layer management. The following pages include a partial listing of financing district projects Mr. Espinoza has worked on during his career. 122 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-4 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  California Municipal Finance Authority, CA, 10 CFDs  City of Oakland, CA, Oak Knolls CFD Reimbursement Agreements  City of Oakley, CA, Emerson Ranch Development  City of Oakley, CA, Gilbert Ranch Development Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  City of Brentwood, CA, Brentwood Landscape and Lighting Districts (60+ Dist.)  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Pine Hollow Landscape Maintenance District  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Hayward, CA, Maintenance District No. 1 & 2  City of Hayward, CA, Landscape Maintenance District  Santa Clara County, CA, County Lighting Service Area Assessment District  City of Solvang, CA, Solvang Mesa Landscape & Lighting District No. 2004-1  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Sunnyvale, CA, Conway Road Assessment District Benefit Assessment Act of 1982  City of Clovis, CA, Benefit Assessment District No. 95-1  City of Lincoln, CA, Benefit Assessment District No. 1 Fee Districts  City of Brentwood, CA, Sewer Standby Charge  City of Brentwood, CA, Water Standby Charge  City of Concord, CA, Sewer Service Charge  City of Livermore, CA, Sewer Service Charge  City of Norwalk, CA, Sewer Service Charge Geological Hazard Abatement Districts  Canyon Lakes Geological Hazard Abatement District  Hillcrest Heights Geological Hazard Abatement District  Leona Quarry Geological Hazard Abatement District  Oakland Area Geological Hazard Abatement District  SW Pittsburg Geological Hazard Abatement District  Weidemann Ranch Geological Hazard Abatement District  Wendt Ranch Geological Hazard Abatement District 123 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-5 Maintenance Assessment Districts  City of Brentwood, CA, Landscape and Lighting Districts (60+ districts)  City of Brentwood, CA, Citywide Park Assessment District  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Landscape and Lighting District No. 3  City of Concord, CA, Pine Hollow Estates Landscape and Lighting District  Town of Danville, CA, Street Lighting Maintenance District No. 1983-1  City of Livermore, CA, Downtown Maintenance District  City of Lincoln, CA, Landscape and Lighting Assessment District No. 1  City of Newark, CA, Landscape and Lighting Districts (8 separate districts)  City of Oakley, CA, Street Lighting and Landscape Assessment District No. 1  Santa Clara County, CA, County Lighting Service Area  City of Solvang, CA, Solvang Mesa Landscape Maintenance District  City of Sunnyvale, CA, Downtown Parking Assessment District Mello-Roos Community Facilities Act of 1982  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, CFD No. 2  Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1  Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2  City of Hercules, CA, CFD No. 2017-1  City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2016-1  City of Napa, CA, CFD No. 2017-1  City of Oakland, CA, Rockridge CFD  City of Oakley, CA, CFD Nos. 1 (Cyprus Grove), 2005-1, and 2015-2  City of San Ramon, CA, CFD No. 2014-1  City of Sunnyvale, CA, CFD No. 1 and 3 Mosquito and Vector Abatement Districts  Contra Costa County Mosquito and Vector Control Assessment District, CA Municipal Improvement Act of 1913  City of Anderson, CA, Riverside Avenue East Assessment District  City of Brentwood, CA, Assessment Districts (11 separate districts)  City of Lake Elsinore, CA, Assessment Districts 86-1, 90-1 and 93-1  City of Newark, CA, AD Nos. 26, 30, 31, 32, 33, and 34  City of Merced, CA, 16th Street Assessment District  City of Merced, CA, Liberty Park Assessment District  City of Merced, CA, North Merced Sewer Improvement District  City of Merced, CA, Fahrens Park Assessment District  City of Newark, CA, Assessment Districts (8 separate districts)  City of Sunnyvale, CA, Conway Road Assessment District. 124 SECTION III STAFF RESUMES AND EXPERIENCE EDUARDO R. ESPINOZA, P.E. RESUME FRANCISCO & ASSOCIATES, INC. 3-6 Special Tax Districts  Alameda County, County Emergency Medical Services Tax  Hayward Area Recreation and Park District, CA, Park Special Tax  Knightsen Town Community Services District, CA, Flood Control Special Tax  City of Livermore, CA, Livermore Emergency Medical Services Tax  City of Livermore, CA, Storm Water Tax  Livermore Area Recreation & Park District, CA, Livermore Special Tax District 97-1  City of Newark, CA, Citywide Emergency Medical Services Tax  City of Oakland, CA, Citywide Library Tax  City of Oakland, CA, Oakland Emergency Medical Services Tax  City of Oakland, CA, Oakland Paramedic Services Tax  City of Oakley, CA, Polices Services Tax  City of San Jose, CA, Citywide Library Services Tax 125 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-7 Education California State University Northridge, Master’s in Public Administration (Public Sector Management) San Diego State University, Business Administration (Finance) Affiliations California Society of Municipal Finance Officers (CSMFO) Municipal Management Association of Southern California (MMASC) Committee on Assessments, Special Taxes, & Other Financing Facilities (CASTOFF) Mr. Brown has 15 years of experience in the formation and administration of Special Financing Districts in the state of California. Brian has successfully developed financial and managerial solutions to help municipalities better manage their special financing districts. He has formed and administered special financing districts formed under a variety of California statutes, including, but not limited to the the Mello-Roos Community Facilities Act of 1982, Improvement Act of 1913, Municipal Bond Act of 1915, and Landscape and Lighting Act of 1972 to name a few. Mr. Brown is responsible for performing various tasks pertaining to all aspects of the formation and administration of Special Financing Districts. These duties include creating financing strategies, developing tax and assessment methodologies, preparation of reports, data manipulation, council presentations, community outreach, and management of the databases associated with the special financing districts. Prior to joining Francisco & Associates, Inc., Brian was a Director of Public Finance at Harris & Associates and an Associate Director at NBS where he worked with public agencies throughout the State of California in addressing their revenue needs. More specifically, Brian worked on numerous projects related to implementing new financing strategies, development of assessment and tax formulas, audits, budget analysis, district and project fund closeouts, initial bond disclosure analysis, annual administration services, continuing disclosure services, city council presentations, and statutory compliance. The following pages include a partial listing of financing district projects Mr. Brown has worked on during his career. 126 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-8 Maintenance Assessment Districts  City of Brentwood, CA, Landscape and Lighting Districts (60+ separate districts)  City of Brentwood, CA, Citywide Park Assessment District  Carmel Valley Recreation & Park District, CA, Park Maintenance Assessment District  City of Chula Vista, CA*, Open Space Districts (30+ separate districts and zones)  City of Campbell, CA, Lighting and Landscaping District LLA-1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Landscape and Lighting District No. 3  Cordova Recreation & Park District, Landscape and Lighting/Park Districts  Contra Costa County, CA, Landscape and Lighting District (LL-2)  Contra Costa County, CA, County Service Areas (5 CSAs)  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Dublin, CA, Street Light/Landscape and Lighting Districts (5 districts)  City of Elk Grove, CA*, Street/Street Light Maintenance District No. 1 (2 districts)  City of Lincoln, CA*, Benefit Assessment District No. 1  City of Livermore, CA, Landscape and Lighting Districts (90 + separate districts)  City of Maywood, CA, Street Lighting Assessment District  City of National City*, CA, Landscape and Lighting District No. 1 (Mile of Cars)  City of Oakland, CA, Citywide Landscape and Lighting District  City of Oxnard, CA*, SFD Audits (50+ districts)  City of Rancho Cordova, CA, Landscape & Lighting/Transit Districts (4 districts)  City of Solvang, CA, Landscape & Lighting Maintenance District No. 2004-1  Southgate Recreation & Park District, Landscape and Lighting Districts (multiple districts and zones) Mello-Roos Community Facilities Act of 1982  Association of Bay Area Governments*, Windemere CFD No. 2004-2  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, Community Facilities District No. 2  City of Chula Vista, CA*, Community Facilities Districts (25+ separate districts)  City of Clayton*, CA, CFD No. 1990-1, 1990-2, 2006-1, and 2007-1  Cordova Recreation & Park District, Community Facilities Districts (5 districts)  Contra Costa County, CA, Administration of CFDs  City of Elk Grove, CA*, CFD No. 2002-1, 2003-1, 2003-2, 2005-1, and 2006-1  City of Laguna Beach, CA*, Utility Undergrounding CFD Study  City of Lincoln, CA*, Community Facilities District No. 1998-1 (Lincoln Airpark)  City of Livermore, CA, Administration and Formation of CFDs  City of Napa, CA, Community Facilities District No. 2017-1  City of Oakland, CA, Wood Street and Gateway Industrial CFDs  City of Rancho Cordova, CA*, Administration and Formation of CFDs  City of San Ramon, CA, CFD No. 2014-1  Southgate Recreation & Park District, Community Facilities District Districts (2 CFDs) 127 SECTION III STAFF RESUMES AND EXPERIENCE BRIAN BRIAN BROWN, MPA RESUME FRANCISCO & ASSOCIATES, INC. 3-9 Special Tax Districts  City of Dublin, CA, Emergency Medical Services Special Tax  City of Lincoln, CA*, Community Facilities District No. 1998-1  City of Oakland, CA, Special Taxes (7 special taxes)  City of Rancho Cordova, CA, Police Services Special Tax 1913/1915 Act Assessment Districts  Association of Bay Area Governments*, Windemere Ranch Assessment District  City of Anderson, CA, Riverside Avenue East Assessment District  City of Antioch, CA*, Assessment Districts (4 districts)  City of Brentwood, CA, Assessment Districts (10 separate districts)  City of Carlsbad, CA*, Assessment Districts (multiple districts)  City of Chula Vista, CA*, Assessment Districts (5+ separate districts)  City of Hercules*, CA, Assessment District No. 2005-1 (John Muir) and (Alfred Nobel)  City of Lincoln, CA*, Twelve Bridges Assessment District No. 1995-1 (Series 1999-1 and 2001-1) and Foskett Ranch Assessment District No. 2004-2  City of Merced, CA, Fahrens Park Assessment District  County of San Diego, CA*, Assessment District No. 4-S  Hidden Valley Lakes Community Services District, CA*, (multiple districts)  Lower Lake County Water District, CA*, Assessment District No. 1 *Client served prior to joining Francisco & Associates, while employed by NBS or Harris & Associates. 128 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-10 Education San Diego State University, Undergraduate Studies, Mathematics Affiliations American Public Works Association California Society of Municipal Finance Officers Mr. Anderson has more than twenty (20) years of professional Public Financing and Assessment Engineering experience. He has served as Project Manager and Technical Advisor for the formation and administration of over 100 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities Act of 1982, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982, Property and Business Improvement Law of 1994, Special Fee and Tax Districts, and Acquisition Audit Services. His experience also extends to the State of Nevada, having formed special financing districts under the authority of the Nevada Revised Statues. Mr. Anderson is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation process. He has prepared Engineer’s Reports and Special Tax Rate and Method of Apportionments, and Boundary Maps and Assessment Diagrams, and has assisted with presentations to agency boards and property owners, the preparation and mailing of notices and ballots, and ballot tabulation. He has also managed the annual administration of both bond and maintenance districts, including facility acquisition and reimbursement. Prior to joining Francisco & Associates, Inc., Mr. Anderson was responsible for the administration and formation of the special financing districts for the City of Vista in San Diego County from 1988 to 1995. Then he joined Berryman & Henigar’s Management & Finance Division and worked with them for over three years. In 1998, he joined Harris & Associates to start a special financing division, where he worked for almost 20 years. His last position at Harris & Associates was as Director in charge of special financing districts and asset management throughout California and Nevada. The following pages include a partial listing of financing district projects Mr. Anderson has worked on during his career. 129 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-11 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  California Municipal Finance Authority, CA, 10 CFDs  Clark County, NV, Special Improvement District No. 132  Clark County, NV, Special Improvement District No. 151  Clark County, NV, Special Improvement District No. 159  City of Lake Elsinore, CA, (Approximately 20 CFDs)  City of Henderson (Local Improvement District No. T-18)  City of Mesquite, NV, Special Improvement District No. 07-01  City of Moreno Valley, CA, CFD No. 4, (Centerpointe Business Park)  City of Moreno Valley, CA, CFD No. 5, (Stoneridge Ranch)  City of Orange, CA, CFD No. 91-2 (Serrano Heights)  County of Orange, CA, CFD 86-1 and 86-2  City and County of San Francisco, CFD No. 4 and 6 (Mission Bay)  City of Sacramento (North Natomas Reimbursement) Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  City of Brea, CA, LLMD No. 3 and No. 5 Assessment Increase  City of Carlsbad, CA, LLMD No. 2  City of Indian Wells, CA, Landscape and Lighting District No. 91-1  City of Irvine, CA, Citywide Lighting and Park Maintenance District  City of Lake Elsinore, CA, Landscape and Lighting District No. 1  City of Lake Elsinore, CA, LLD No. 1, Annexation Nos. 1 thru 20  City of Monrovia, CA, Citywide Park Maintenance District  City of Oceanside, CA, Vandegrift Landscape Maintenance District  City of Oceanside, CA, Vista del Rio Landscape Maintenance District  City of Ontario, CA, Street Lighting District No. 1 Assessment Increase  City of Pomona, CA, LLMD Assessment Increase  City of Rancho Cordova, CA, Street Maintenance District  City of San Juan Capistrano, CA, Los Corrales Landscape Maintenance District  City of San Marcos, CA, Vallecitos Town Center Street Maintenance Assessment District  City of Santa Clarita, CA, Annexations into Landscape Maintenance Districts  City of Santa Clarita, CA, Open Space and Parkland Preservation District  City of Santee, CA, Annexations, Town Center Landscape Maintenance District  City of Tustin, CA, Tustin Ranch Lighting and Landscape Maintenance District  City of Ventura, CA, Supplemental Street Lighting Maintenance District  City of West Covina, CA, Citywide Lighting and Maintenance District  City of Yorba Linda, CA, Citywide Lighting and Landscape Maintenance District  San Joaquin County Flood Control & Water Conservation District, CA, Water Investigation Zone 2 Water Protection and Development Assessment 130 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-12 Fee Districts  City of Berkeley, CA, Sewer User Fee Rate Analysis  City of Carmel-by-the-Sea, CA, Storm Water Utility and Rate Study  City of Elk Grove, CA, Storm Drain Fee  City of Modesto, CA, Storm Drain Fee Balloting Process  City of Modesto, CA, Water Fee Balloting Process  City of Modesto, CA, Sewer Fee Increase Noticing Process  City of Palo Alto, CA, Storm Drain Fee Analysis  City of Palos Verdes Estates, CA, Citywide Sewer User Fee  City of Rancho Palos Verdes, CA, Abalone Cove Sewer Maintenance Fee  City of Rancho Palos Verdes, CA, Citywide Storm Drain Fee  City of South San Francisco, CA, Sewer User Fee 2004  City of South San Francisco, CA, Sewer User Fee 2000  City of Stanton, CA, Sewer User Fee  City of Vista, CA, Misc Sewer and 1 NPDES Fee  City of Yorba Linda, CA, Sewer User Fee  CR&R, CA, Refuse Fees  LESJWA, CA, Watershed O&M Funding Prel. Study  Los Angeles County Flood Control District, CA, Water Quality Protection Fee Feasibility Study  Los Angeles County Public Library, CA, Library Services Benefit Charge  NWM&VCD, CA, Vector Control Fee (Lake Elsinore)  OCVCD, CA, Vector Control Fee  Santa Clara Valley Water District, CA, Storm Drainage Special Financing Summary Report  Sonoma County Water Agency, CA, Watershed Fee Zones 1A and 2A Maintenance Assessment Districts  City of Baldwin Park, CA, LLMD  City of Baldwin Park, CA, Park Maintenance Assessment  City of Brea, CA, Lighting and Landscape Maintenance Districts  City of Carlsbad, CA, Lighting and Landscape Maintenance District #1  City of Carlsbad, CA, Buena Vista Channel Maintenance District  City of Coachella, CA, Fire Suppression Assessment  City of Covina, CA, Fire Suppression Assessment  City of Encinitas, CA, Citywide Landscape and Lighting Maintenance District  City of Glendale, CA, Fire Suppression Assessment  City of Goleta, CA, Street Lighting Benefit Assessment District  City of Hermosa Beach, CA, Citywide Landscape and Lighting Maintenance District  City of Highland, CA, Landscape and Lighting Maintenance Districts  City of Highland, CA, Street Maintenance District  City of La Palma, CA, Citywide Landscape and Lighting Maintenance District 131 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-13  City of Lake Elsinore, CA, Citywide Landscape and Lighting Maintenance District  City of Manhattan Beach, CA, Citywide Landscape and Lighting Maintenance District  City of Monrovia, CA, Citywide Landscape and Lighting Maintenance District  City of Oceanside, CA, Citywide Street Lighting District  City of Oceanside, CA, Landscape Maintenance Districts  City of Ontario , CA, Landscape and Lighting Maintenance Districts  City of Palos Verdes Estates, CA, Fire Suppression Benefit Assessment  City of Pomona, CA, Landscape and Lighting Maintenance District  City of Rancho Palos Verdes, CA, Citywide Landscape and Lighting Maintenance District  City of Rohnert Park, CA, Fire Suppression Assessment and Needs Analysis  City of Sacramento, CA, Citywide Park Maintenance District  City of Sacramento (Public Library) , CA, AD 96-2 (Add'l Library Services)  City of San Juan Capistrano, CA, Open Space Maintenance Districts  City of Santa Clarita, CA, Street Lighting Maintenance District No. 1, North Valencia 2 Annexation  City of Santa Clarita, CA, Landscape Maintenance Districts  City of Santa Fe Springs, CA, Fire Suppression Assessment  City of Santa Fe Springs, CA, Heritage Springs AD 2001-1  City of Santee, CA, Landscape and Lighting Maintenance Districts  City of South Gate, CA, Citywide Landscape and Lighting Maintenance District  City of South Pasadena, CA, Citywide Landscape and Lighting Maintenance District  City of South Pasadena, CA, Fire Suppression Assessment  City of Stanton, CA, Citywide Landscape and Lighting Maintenance District  City of Temple City, CA, Citywide Landscape and Lighting Maintenance District  City of Vista, CA, Citywide Street Maintenance District  City of Vista, CA, Citywide Landscape and Lighting Maintenance Districts  City of Vista, CA, South Melrose Drive Landscape Maintenance Dist  City of Vista, CA, La Mirada Canyon Landscape Maintenance Dist  City of Vista, CA, Special Benefit Street Lighting District No. 1  City of West Covina, CA, Landscape Maintenance Districts  Northwest Mosquito & Vector Control District, CA, Vector Control Services Assessment  Orange County Vector Control District, CA, Vector Control Services Assessment  Rancho Simi Recreation & Park District, CA, Whiteface Development Open Space District  Three Valleys Municipal Water District, CA, Water Standby Charge Assessment  Ventura County Fire Protection District, CA, Fire Suppression Assessment 132 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-14 Mello-Roos Community Facilities Act of 1982  City of Brea, CA, Peppertree CFD  City of Buena Park, CA, CFD 2000-1 & CFD 2002-1 (New Police Facility)  City of Lake Elsinore, CA, 24 CFDs  City of Marina , CA, Locke-Paddon Landscape Maintenance CFD  City of Moreno Valley , CA, CFD #4-I (Centerpointe Business park)  City of Moreno Valley , CA, CFD #4-M (Centerpointe Business park)  City of Moreno Valley , CA, CFD #5 (Stoneridge Ranch)  City of Moreno Valley , CA, CFD #6 (Aquabella)  City of Orange, CA, CFD 91-2 (Serrano Hts)  City of Rancho Cordova, CA, Road and Lighting Maintenance CFD  City of Sacramento, CA, College Square CFD  City of San Clemente, CA, CFD 2007-1 (Marblehead Coastal)  City of San Diego, CA, CFD 2008-5 (Dennery Cyn Vernal Pool Preserves)  City of Vista, CA, CFD 90-2 (Hacienda / Buena Vista Creek)  City of Vista, CA, CFD 92-1 (North County Square)  County of Los Angeles Public Library, CA, CFD 8 (Library Services)  County of Orange, CA, CFD 2002-1 (Ladera Ranch Ph. 4)  County of Orange, CA, CFD 2003-1 (Ladera Ranch Ph. 5)  County of Orange, CA, CFD 2004-1 (Ladera Ranch Ph. 6)  County of Sacramento (Public Library) , CA, CFD 1996-01  Tustin Unified School District, CA, CFD 88-1 Municipal Improvement Act of 1913  City of City of Alameda, CA, New Library & Carnegie Rehabilitation & Museum  City of Berkeley, CA, Utility Underground Assessment District No. 2006- 47  City of Brentwood, CA, 2006-1 Assessment District  City of Costa Mesa, CA, AD No. 96-1 (Shalimar Drive Alleys)  City of Hermosa Beach, CA, Myrtle/Loma Undergrounding ADs  City of Irvine, CA, AD No. 94-13 (Oak Creek)  City of Irvine, CA, AD No. 97-16 (Northwest Irvine)  City of Mission Viejo, CA, AD No. 2004-1 (Overhead Utility Conversion)  City of Newport Beach, CA, AD No. 71 (Balboa Blvd)  City of Newport Beach, CA, AD No. 72 (Balboa Coves)  City of Palo Alto, CA, Downtown Parking Garage Assessment District  City of Piedmont, CA, Dudley/Blair Mountain Undergrounding  City of Poway, CA, Old Coach Road Water Improvements AD No. 2001-1  City of San Clemente, CA, AD No. 98-1 (Laing Forster Ranch)  City of Santa Ana, CA, Sycamore Parking Structure AD  City of Santa Barbara, CA, State Street Sidewalk Improvements Phase 4  City of Santa Barbara, CA, Eucalyptus Hills Road UUAD  City of Santa Cruz, CA, Mission Street Utility Undergrounding AD  City of Santa Fe Springs, CA, Heritage Springs AD 2001-1  City of Santa Monica, CA, Street Lighting AD 133 SECTION III STAFF RESUMES AND EXPERIENCE DENNIS A. ANDERSON RESUME FRANCISCO & ASSOCIATES, INC. 3-15  City of Sierra Madre, CA, Sewer Assessment District No. 04-01 (Mira Monte Avenue)  City of Sierra Madre, CA, Sewer Assessment District No. 06-01 (Bonita Avenue)  City of Tustin, CA, R.A.D. 95-1  City of Vista, CA, North Melrose Drive AD 80-2R  City of Vista, CA, Vista Sycamore Dr AD 81-2R  City of Vista, CA, Raceway Basin AD 86-2  City of Vista, CA, Huff and Date Street AD 86-1  City of Vista, CA, South Santa Fe Ave AD 90-1  Cucamonga County Water District, CA, Sewer Assessment District Feasibility Study  Novato Sanitary District, CA, Novato Heights Sewer Assessment District  San Joaquin Area Flood Control Agency, CA, Flood Protection Restoration Assessment District No. 96-1 Special Tax Districts (Not including Mello-Roos)  City of Buena Park, CA, Police Facilities Special Tax  City of Goleta, CA, Library Special Tax  City of Indian Wells, CA, Fire Access Maintenance District (FAMD) Special Tax  City of Monrovia, CA, Open Space & Open Space Maintenance Tax  City of Pasadena, CA, Library Services Special Tax  City of Pomona, CA, Citywide Police Special Tax  City of Sierra Madre, CA, Protective Services Special Tax Options  City of South Pasadena, CA, Library Services Special Tax  City of Stanton, CA, Protective Services Tax  City of Stanton, CA, Citywide all district replacement tax  Los Angeles County Fire Department, CA, Fire Services Special Tax  Los Angeles County Public Library, CA, Library Services Special Tax  Palos Verdes Peninsula USD, CA, School Services Special Tax  Sacramento County, CA, Library Services Special Tax 134 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-16 Education San Diego State University, B.S.C.E., Civil Engineering Registrations Professional Engineer, California, No. 40688 Professional Engineer, Nevada, No. 12316 Affiliations American Society of Civil Engineers American Public Works Association Municipal Management Assistants of Northern California Mr. Francisco has more than thirty-five (35) years of professional Public Financing and Municipal Engineering experience. He has served as Principal in Charge and Technical Advisor for the formation and administration of over 200 Special Financing Districts pursuant to the Landscape & Lighting Act of 1972, Mello-Roos Community Facilities District, Fire Suppression District Act, 1913 Municipal Improvement Act, Benefit Assessment Act of 1982 and Special Fee and Tax Districts. Mr. Francisco is also extremely familiar with the requirements of Article XIIID of the California Constitution (Proposition 218) and has advised numerous agencies on how it specifically affects their special financing districts during formation and confirmation process. He has also conducted numerous public outreach meetings and presentations to various agencies explaining the financial analysis associated with the districts. Prior to forming Francisco & Associates, Inc., Mr. Francisco was the Public Financing Chairman for the City of San Diego, responsible for the formation and administration of all their special financing districts. This position required coordination between the City Attorney, City Auditor, City Engineer, Finance Director, and the City Treasurer along with outside Financial Advisors, Legal Counsels, Bond Underwriters, Developers and Property Owners. After working for the City of San Diego for twelve (12) years Mr. Francisco joined Wildan Associates (which acquired Muni-Financial, a Financial Services Firm) in Southern California as their Southern California Assessment Engineer. Two (2) years later, he joined Berryman & Henigar’s Management & Finance Division and worked with them for over seven (7) years. His last position at Berryman & Henigar was Vice President in charge of the Northern California Management & Finance Division, responsible for the formation and administration of their special financing districts. The following pages include a partial listing of financing district projects Mr. Francisco has worked on during his career. 135 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-17 Acquisition Audits  City of Dublin, CA, CFD No. 2015-1 (Dublin Crossing)  City of Davis, CA, Mace Ranch CFD  Clark County, NV, Various Special Improvement District  County of Orange, CA, Rancho Santa Margarita CFD Series B  County of Orange, CA, Rancho Santa Margarita CFD Series E Assessment Districts Confirmed per Article XIIID of the California State Constitution (Proposition 218)  Ambrose Recreation and Park District, CA, Districtwide Landscape Maint. Dist.  City of Antioch, CA, Street Lighting and Landscape Maintenance Districts  City of Brentwood, CA, Brentwood Landscape and Lighting Districts (60+ Dist.)  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Pine Hollow Landscape Maintenance District  Contra Costa County, CA, Landscape and Lighting District No. (LL-2)  Town of Danville, CA, Citywide Street Lighting Maintenance District No. 1983-1  City of Encinitas, CA, Landscape Maintenance District No. 1  Fairfield-Suisun Sewer District, CA, Sewer Service Charge  City of Hayward, CA, Maintenance District No. 1 & 2  City of Hayward, CA, Landscape Maintenance District  City of Livermore, CA, Downtown Maintenance District  City of Novato, CA, Eucalyptus Avenue Assessment District  City of Oakland, CA, Wildfire Prevention Assessment District  City of Rohnert Park, CA, Citywide Fire Suppression District  Santa Clara County, CA, County Lighting Service Area Assessment District  City of Solvang, CA, Solvang Mesa Landscape & Lighting District No. 2004-1  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Sunnyvale, CA, Conway Road Assessment District Benefit Assessment Act of 1982  City of Rancho Cucamonga, CA, Benefit Assessment District 90-1  City of Vista, CA, Street Maintenance District  City of Clovis, CA, Benefit Assessment District No. 95-1  City of Lincoln, CA, Benefit Assessment District No. 1 Cost Reimbursement Districts  City of San Diego, CA, International Business Center Cost Reimb. District  City of San Diego, CA, Mesa Shopping Center Cost Reimbursement District 136 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-18 Fee Districts  City of Brentwood, CA, Sewer Standby Charge  City of Brentwood, CA, Water Standby Charge  City of Concord, CA, Sewer Service Charge  Fairfield-Suisun Sewer District, CA, Sewer Service Charge  City of Livermore, CA, Sewer Service Charge  City of Norwalk, CA, Sewer Service Charge  City of Oakland, CA, Sewer Service Charge Fire Suppression Districts  City of Oakland, CA, Wildfire Prevention Assessment District  City of Rohnert Park, CA, Citywide Fire Suppression District Geological Hazard Abatement Districts  Canyon Lakes Geological Hazard Abatement District  Hillcrest Heights Geological Hazard Abatement District  Leona Quarry Geological Hazard Abatement District  Oakland Area Geological Hazard Abatement District  SW Pittsburg Geological Hazard Abatement District  Weidemann Ranch Geological Hazard Abatement District  Wendt Ranch Geological Hazard Abatement District Maintenance Assessment Districts  City of Alhambra, CA, Citywide Lighting and Landscape Maintenance District  Ambrose Recreation and Park District, CA, Landscape Maintenance District  City of Antioch, CA, Street Lighting and Landscape Maintenance Districts  Arden Manor Recreation and Park District, CA, Districtwide Landscape Maintenance District  City of Brentwood, CA, Landscape and Lighting Districts (60+ districts)  City of Brentwood, CA, Citywide Park Assessment District  City of Clovis, CA, Landscape Maintenance District No. 1  City of Concord, CA, Citywide Street Lighting District  City of Concord, CA, Downtown Landscape Maintenance District  City of Concord, CA, Landscape and Lighting District No. 3  City of Concord, CA, Pine Hollow Estates Landscape and Lighting District  Contra Costa County, CA, Landscape and Lighting District No. (LL-2)  Town of Danville, CA, Street Lighting Maintenance District No. 1983-1  East Bay Regional Park District, CA, Districtwide Landscape Maint. District  City of Encinitas, CA, Landscape Maintenance District No. 1  City of Hayward, CA, Consolidated Landscape and Lighting District No. 96-1  City of Hayward, CA, Maintenance District No. 1  City of Livermore, CA, Downtown Maintenance District 137 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-19  City of Long Beach, CA, Downtown Street Lighting District  City of Newark, CA, Landscape and Lighting Districts (8 separate districts)  City of Oakland, CA, Citywide Landscape and Lighting District  City of Oakley, CA, Street Lighting and Landscape Assessment District No. 1  Ortega Trails Recreation and Park District, CA, Wildomar Assessment District No. 68-4632 & No. 68-4633  City of Sacramento, CA, Additional Library Services No. 96-2  Santa Clara Open Space Authority, CA, Open Space Assessment District  Santa Clara County, CA, County Lighting Service Area  City of Santa Fe Springs, CA, Citywide Lighting and Landscape Maint. District  City of Seal Beach, CA, Citywide Lighting and Landscape Maintenance District  City of Solvang, CA, Solvang Mesa Landscape Maintenance District  City of Sunnyvale, CA, Downtown Parking Assessment District  City of Vista, CA, La Mirada Canyon Landscape Maintenance District  City of Vista, CA, Special Lighting Assessment District No. 1 Mello-Roos Community Facilities Act of 1982  City of Brentwood, CA, CFD No. 2, 3, 4 & 5  City of Campbell, CA, CFD No. 2  City of Clayton, CA, CFD No. 1  Contra Costa County, CA, CFD Nos. 2006-1, 2008-1 and 2010-1  Cordova Recreation & Park District, CA, CFD Nos. 01-1, 04-1, 14-1, 16-1, 16-2  Town of Danville, CA, CFD No. 97-1  City of Davis, CA, Mace Ranch CFD  City of Desert Hot Springs, CA, Public Safety CFD 93-1  City of Hercules, CA, CFD No. 2017-1  City of Huntington Beach, CA, Ellis-Goldenwest CFD 1990-1  City of Lincoln, CA, CFD Nos. 2004-1, 2004-1, 2016-1  City of Livermore, CA, CFD Nos. 2012-1, 2015-1, 2016-1  City of Napa, CA, CFD No. 2017-1  City of Oakland, CA, Rockridge CFD  City of Oakley, CA, CFD Nos. 1 (Cyprus Grove), 2005-1, and 2015-2  County of Orange, CA, CFD 87-5B, Rancho Santa Margarita  County of Orange, CA, CFD 87-5E, Rancho Santa Margarita  City of San Diego, CA, Miramar Ranch North CFD 90-1  City of San Jose, CA, North Coyote Valley CFD No. 5  City of San Jose, CA, Great Oaks – Route 85 CFD No. 6  City of San Ramon, CA, CFD No. 2014-1  City of Sunnyvale, CA, CFD No. 1 and 3  City of Victorville, CA, Western Addition CFD 90-1  City of Vista, CA, Hacienda Drive and Buena Vista Creek CFD 90-2  City of Vista, CA, North County Square CFD 92-1 138 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-20 Mosquito and Vector Abatement Districts  Contra Costa County Mosquito and Vector Control Assessment District, CA  Santa Clara County Mosquito and Vector Control Assessment District, CA  Shasta County Mosquito and Vector Control Assessment District, CA Municipal Improvement Act of 1913  City of Anderson, CA, Riverside Avenue East Assessment District  City of Brentwood, CA, Assessment Districts (11 separate districts)  City of Chula Vista, CA, Assessment Districts (10 separate districts)  City of Desert Hot Springs, CA, Arroyo Vista Assessment District No. 92-1  City of Desert Hot Springs, CA, Arroyo Vista Assessment District No. 93-2  City of Desert Hot Springs, CA, Two Bunch Palms Trail Assessment District 91-1  City of Lake Elsinore, CA, Assessment Districts 86-1, 90-1 and 93-1  City of Long Beach, CA, Downtown Transportation Assessment District  City of Newark, CA, AD Nos. 26, 30, 31, 32, 33, and 34  City of Merced, CA, 16th Street Assessment District  City of Merced, CA, Liberty Park Assessment District  City of Merced, CA, North Merced Sewer Improvement District  City of Merced, CA, Fahrens Park Assessment District  City of Newark, CA, Assessment Districts (8 separate districts)  City of Novato, CA, Eucalyptus Avenue Assessment District  County of Orange, CA, Irvine Coast Assessment District No. 88-1  City of San Clemente, CA, Lane Forester Ranch No. 98-1  City of San Clemente, CA, Undergrounding Utility District  City of San Diego, CA, International Business Center Assessment District  City of San Diego, CA, Mission Valley Heights Assessment District  City of San Diego, CA, Black Mountain Road Assessment District  City of Sunnyvale, CA, Conway Road Assessment District.  San Joaquin Area Flood Control Agency, CA, Flood Protection Restoration Assessment District No. 96-1  City of Vista, CA, Huff and Date Street Assessment District No. 86-2  City of Vista, CA, Oceanside Blvd., and Melrose Drive Improvement District No. 80-2R  City of Vista, CA, Raceway Basin Assessment District No. 86-1  City of Vista, CA, Sycamore Industrial Park Assessment District No. 81-2R Special Tax Districts  Acalanes Unified High School District, CA, School Parcel Tax  Hayward Area Recreation and Park District, CA, Park Special Tax  Knightsen Town Community Services District, CA, Flood Control Special Tax  City of Livermore, CA, Livermore Emergency Medical Services Tax  City of Livermore, CA, Storm Water Tax 139 SECTION III STAFF RESUMES AND EXPERIENCE JOSEPH A. FRANCISCO, P.E. FRANCISCO & ASSOCIATES, INC. 3-21  Livermore Area Recreation & Park District, CA, Livermore Special Tax District 97-1  Livermore Joint Unified School District, CA, School Parcel Tax  City of Newark, CA, Citywide Emergency Medical Services Tax  Novato Unified School District, CA, School Parcel Tax  City of Oakland, CA, Citywide Library Tax  City of Oakland, CA, Oakland Emergency Medical Services Tax  City of Oakland, CA, Oakland Paramedic Services Tax  City of San Jose, CA, Citywide Library Services Tax  San Ramon Valley Unified School District, CA, School Parcel Tax 140 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND PROJECT SCHEDULE 141 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-1 Specific Approach and Scope of Work CFD No. 2015-1 Acquisition Audit Services On June 2, 2015, the City Council adopted the Resolution of Formation, which established Community Facilities District No. 2015-1 (the “CFD”) and Improvement Area No. 1 thereof, and designated a future annexation area (the “Future Annexation Area”), which included the remaining phases of the Dublin Crossing Project (Improvement Area No. 2, Improvement Area No. 3, Improvement Area No. 4, and Improvement Area No. 5). The Resolution of Formation also set forth the necessity for the CFD to incur bonded indebtedness in a total amount not to exceed $150 million. The first series of bonds for Improvement Area No. 1 were issued in August 2017 in the amount of $32,740,000 of which $30,385,000 was designated for the acquisition of improvements and the financing of fees. The first series of bonds for Improvement Area No. 2 were issued in July 2019 in the amount of $37,745,000 of which $36,331,867.45 was designated for the acquisition of improvements and the financing of fees. The authorized improvements and fees that can be financed with the CFD bonds are stated in Exhibit A of the acquisition agreement between the City of Dublin and Dublin Crossing, LLC, dated July 18, 2017 and as amended on December 4, 2018. The authorized improvements and fees correspond to Don Biddle Community Park, public storm drainage, water, sewer, street, and landscaping improvements that are required for the backbone facilities of the Dublin Crossing project. The City and Francisco & Associates, Inc. have reviewed 37 payment requests submitted as of January 2021 and approved approximately $61.2 million for reimbursement to the developer. Task No. 1 – Establishment of Procedures and Process Consultant shall review pertinent agreements and documents between the City of Dublin and the Developer pertaining to CFD No. 2015-1. Consultant shall coordinate with the Developer and City to establish a procedure and process for the submission, review, and approval of reimbursement requests for authorized improvements and fees. Consultant will provide feedback and suggestions to both the City and Developer on methods to streamline the review and reimbursement process. Task No. 2 – Initial Review of Developer Payment Request Within 10 business days following receipt of a payment request by the Developer, review and advise the Director of Public Works and Developer in writing whether the payment request is deemed complete. In the event the Payment Request is deemed incomplete or denied, advise the Public Works Director and Developer as to what documentation is missing or the reason for denial. Task No. 3 – Detailed Review of Developer Payment Request Once all required documents are received from the Developer, review each payment request to determine if the documentation provided substantiates the requested Purchase Price to be paid under the terms and conditions of the Acquisition Agreement and established procedures above. 142 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-2 Task No. 4 – Audit Report 1) Draft Audit Report: Consultant will prepare Draft Audit Report that includes all the items, and will include an item-by-item discussion of all eligible, disallowed, and ineligible costs: a) An executive summary of the audit findings; b) A summary of costs to be reimbursed for each facility and/or discrete component; c) Improvement location map; d) A summary listing of hard and soft costs; e) A contract summary outlining the original price, change orders (if any), final contract price, and the eligible, disallowed, and ineligible portions for reimbursement including an analysis based on the lessor of cost or value; f) A summary of invoices, proof of payment, and lien releases provided by the developer; and g) A recommendation from Consultant of the cost that is eligible and appropriate for reimbursement. h) All contracts, change orders, invoices, canceled checks, lien releases and other associated documents will be organized by contract, and will be referenced in the Audit Report as an Appendix. 2) Consultant will submit to the City an electronic copy in PDF of the Draft Audit Report, for review for each submittal (a submittal may cover more than one facility or discrete component). 3) Final Report: Consultant will submit an electronic PDF copy of the Final Audit Report to the City and to the Developer for each submittal. Consultant will provide a tracking report of each reimbursement processed and a tracking report for cumulative reimbursements to-date. Consultant shall maintain all records for up to three years after the conclusion of work performed and make this available to the City, upon request. Specific Approach and Scope of Work Street Lighting Maintenance Districts No. 1983-1 and 1999-1 & Landscaping and Lighting Districts No. 1983-2, 1986-1, 1997-1 PHASE I - PREPARATION OF THE ENGINEER'S REPORT Francisco & Associates, Inc. will prepare the ensuing year’s Engineer’s Reports for the City of Dublin. These reports will include a description of improvements/services, the annual budget for each benefit zone, the benefit spread methodology, assessment district diagram and a listing of individual assessments for each parcel within the assessment district. The specific tasks to complete the Engineer’s Reports are as follows: Task 1 - Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed assessment districts from the previous year. Identify if there were any annexations or de-annexations to the assessment districts which may affect revenues. Identify if there have been any changes in the number and types of improvements/services that the assessment districts are providing for the ensuing year. Discuss any changes to the legal requirements associated with each financing district. 143 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-3 Task 2 - Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the assessment districts, including Assessor parcel characteristics and maps, proposed budgets, listing of services and improvements, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Databases Update the parcel databases to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and any other pertinent parcel attributes that are needed to calculate the assessments. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. Task 4 - Prepare Assessment Diagrams Prepare assessment diagrams to include parcels within the boundaries of the assessment districts and benefit zones. This includes all parcels that have either annexed or de-annexed into the assessment district from the prior year. Provide the City with 11” x 17” copies for their internal use. Task 5 – Prepare Automated Revenue Summary Table Prepare an automated summary table to calculate scenarios comparing expenditures to projected revenue. The automated table will allow the City to supplement the assessment revenue with other sources and/or recognize the application of prior year fund balance in calculating the maximum allowable assessment, desired reserve balance, and actual assessment. The table will also automatically calculate the maximum allowable assessment rate based upon inputting current and prior year’s CPI index numbers and current and prior year’s utility cost numbers. Task 6 – Develop Assessment District Budgets With assistance from City staff, review, and comment on the ensuing year’s budgets for each benefit zone. This will include operation and maintenance expenses, revenue sources, fund balances, etc. Assist City staff with forecasting revenue for the ensuing years budgets. Assist staff with analyzing the need for future capital improvements. Review the draft budgets with City staff prior to the preparation of the Draft Preliminary Engineer’s Reports. Task 7 - Draft Preliminary Engineer's Reports Based upon the information received at the project kick-off meeting and other team meetings, prepare the Draft Preliminary Engineer’s Reports. The Draft Preliminary Engineer’s Reports will include a description of improvements/services, the ensuing year’s operation and maintenance budget for each benefit zone, the benefit spread methodologies, Assessment District Diagrams, and a listing of individual assessments for the ensuing year. 144 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-4 Task 8 – Submit the Draft Preliminary Engineer's Reports to City Staff Submit the Draft Preliminary Engineer’s Reports to City staff for review and comment. Based upon the comments received from City staff on the Draft Preliminary Engineer’s Report, prepare the Final Preliminary Engineer’s Report in electronic and hard copy for City staff and City Council approval. Task 9 – Preparation of Draft Staff Reports and Draft Resolutions Prepare the draft staff reports and resolutions for approval at the Resolution of Intention City Council meeting. Provide an electronic copy of each document to City staff for review and approval. Task 10 – Adoption of the Resolution of Intention and Approval of the Preliminary Engineer’s Reports If requested, attend the City Council meeting regarding the adoption of the Resolution of Intention and approval of the Preliminary Engineer’s Reports. If requested, present Preliminary Engineer’s Reports and answer questions. Task 11 – Preparation of Draft Staff Reports and Draft Resolutions Prepare the draft staff reports and resolutions for approval at the Public Hearing City Council meeting. Provide an electronic copy of each document to City staff for review and approval. Task 12 – Final Engineer's Reports Based upon the comments received from City staff and City Council at the City Council meeting, prepare the Final Engineer’s Reports, and submit hard copies to City staff for City Council approval. Task 13 - Public Hearing If requested, attend the Public Hearing regarding the approval of the Final Engineer’s Reports and adoption of the Resolution Authorizing the Levy of Assessments. If requested, present the Final Engineer’s Reports and answer any questions. PHASE II –AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Following the Public Hearing, Francisco & Associates will complete the tasks needed to place the ensuing year’s assessments on the County’s secured property tax rolls. Task 1 – Auditor’s Reports Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Reports will include the Final Engineer’s Reports, the City resolution authorizing the special assessments for the ensuing fiscal year and the electronic assessment database formatted per the County requirements. If there are any 145 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-5 rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 2 – Manual Assessment Bills If required, Francisco & Associates will prepare a listing of manual assessment bills for assessments levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual assessment bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual assessment bills. Task 3 – Final Assessment Rolls Francisco & Associates will provide the City with a Final Assessment Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the total parcels assessed by levy district. Task 4 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. Specific Approach and Scope of Work Emergency Medical Services Tax PHASE I - AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Francisco & Associates, Inc. will prepare the ensuing year’s EMS Auditor’s Report for the City of Dublin. This report will include a listing of individual taxes for each parcel subject to the EMS tax. The specific tasks to complete the EMS Auditor’s Report and place the ensuing year’s taxes on the County’s secured property tax rolls follow: Task 1 – Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed district from the previous year. Identify if there were any annexations or de- annexations to the district which may affect revenues. Identify if there have been any changes in the number and types of services that the district is providing for the ensuing year. Discuss any changes to the legal requirements associated with the district. Task 2 – Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the district, including Assessor parcel characteristics and maps, proposed budgets, building permits, listing of services, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Database Update the parcel database to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and 146 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-6 any other pertinent parcel attributes that are needed to calculate the taxes. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. Task 4 – Auditor’s Report Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Report will include the electronic special tax database formatted per the County requirements. If there are any rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 5 – Manual Special Tax Bills If required, Francisco & Associates will prepare manual bills for special taxes levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual special tax bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual special tax bills. Task 6 – Final Special Tax Roll Francisco & Associates will provide the City with a Final Special Tax Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the total parcels subject to the tax. Task 7 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. Specific Approach and Scope of Work Residential Garbage & Recycling Services (RGRS) Fee PHASE I - AUDITOR’S REPORT AND PROPERTY OWNER ASSISTANCE Francisco & Associates, Inc. will prepare the ensuing years RGRS Auditor’s Report for the City of Dublin. This report will include a listing of individual fees for each parcel subject to the charge. The specific tasks to complete the RGRS Auditor’s Report and place the ensuring year’s charges on the County’s secured property tax rolls follow: Task 1 - Project Kickoff Meeting Meet with City staff to review scope of work, project schedule and any changes to the proposed district from the previous year. Identify if there were any annexations or de- annexations to the district which may affect revenues. Identify if there have been any changes in the number and types of services that the district is providing for the ensuing year. Discuss any changes to the legal requirements associated with the district. 147 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-7 Task 2 - Collect Available Data Collect available data from the County Assessor’s office and City staff that is pertinent to the annual administration of the district, including Assessor parcel characteristics and maps, historical fee data by parcel, etc. The ensuing year’s data would include the closed secured property tax roll from the County. Task 3 – Update Parcel Database Update the parcel database to include the most current parcel information such as: property owner name, mailing address, situs address, use code, acreage, units, building permits, and any other pertinent parcel attributes that are needed to calculate the charges. This will include coordination with the City’s garbage and recycling service provider to obtain a listing of all residential properties in the City which are subject to the RGRS charge. In addition, if property has subdivided or consolidated remove the retired parcels and incorporate the new parcels. If requested assist the City in calculating rates and adding additional multi-family parcels to the property tax roll. Task 4 – Auditor’s Report Francisco & Associates will prepare and submit the annual Auditor's Report information to the County Auditor. The Auditor’s Report will include the electronic charge database formatted per the County requirements. If there are any rejected parcels resulting from the first submittal, we will research them and resubmit to the County to ensure that the City receives all revenue they are entitled to. Task 5 – Manual Charge Bills If required, Francisco & Associates will prepare manual bills for special fees levied on properties that do not receive a tax bill. The City will utilize the listing to prepare and mail all manual special charge bills. If requested, Francisco & Associates may assist with the preparation and mailing of the manual special charge bills. Task 6 – Final Roll Francisco & Associates will provide the City with a Final Roll in hard copy and electronic copy for their records. In addition, provide the City with a summary report of the parcels charged by levy designation. Task 7 - Property Owner Assistance Francisco & Associates will provide property owner assistance, which will involve researching property owner questions, providing written responses to their questions, if necessary, and coordinating any changes with the County Auditor’s office. 148 SECTION IV SPECIFIC APPROACH, SCOPE OF WORK, AND SCHEDULE FRANCISCO & ASSOCIATES, INC. 4-8 PROJECT SCHEDULES Based upon discussions at the project kickoff meeting we will develop a project schedule that is suitable to City staff. We are required to submit the assessments, charges, and taxes to the County in early August of each year. Acquisition Audit Services These services will be provided periodically when the Developer submits requests for reimbursement pursuant to the Acquisition Agreement. Street Lighting Maintenance Districts No. 1983-1 and 1999-1 & Landscaping and Lighting Districts No. 1983-2, 1986-1, 1997-1 Phase I Project Kick-off Meeting December Prepare Draft Preliminary Engineer’s Report February Prepare Preliminary Engineer’s Report March Council Approves Preliminary Engineer’s Report April Prepare Final Engineer’s Report May Council Conducts Public Hearing June Phase II Submit Auditor’s Report to County July/August Property Owner Assistance Annually Emergency Medical Services Tax Phase I Project Kick-off Meeting December Prepare Draft Annual Levy Report June Prepare Final Annual Levy Report July Phase II Submit Auditor’s Report to County July/August Property Owner Assistance Annually Residential Garbage and Recycling Services Fee Phase I Project Kick-off Meeting December Prepare Draft Annual Levy Report June Prepare Final Annual Levy Report July Phase II - Submit Auditor’s Report to County July/August Property Owner Assistance Annually 149 SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE FRANCISCO & ASSOCIATES, INC. SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE 150 SECTION V PROPOSED PROJECT FEES AND RATES SCHEDULE FRANCISCO & ASSOCIATES, INC. 5-1 The following is a listing of our fees by project. These fees do not include tasks associated with conducting a Proposition 218 balloting election should the City decide to increase assessments. If the City decides to increase assessments, we will prepare a supplemental proposal to cover the mailing and balloting services. Acquisition Audit for CFD 2015-1 T & M (Hourly Rates Below) Landscape and Lighting Maintenance Districts Street Lighting Maintenance Districts No. 1983-1 $5,750 (Lump Sum) Landscaping and Lighting Districts No. 1983-2 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1986-1 $2,950 (Lump Sum) Landscaping and Lighting Districts No. 1997-1 $2,950 (Lump Sum) Street Lighting Maintenance Districts No. 1999-1 $3,950 (Lump Sum) Emergency Medical Services Tax (EMS Tax) $2,750 (Lump Sum) Residential Garbage & Recycling Service Fee (RGR) $2,750 (Lump Sum) Francisco & Associates Current Billing Rate for Francisco & Associates, Inc. Principal Engineer/Project Manager $160.00/hour Project Engineer $140.00/hour Associate Engineer $120.00/hour Senior Project Analyst $120.00/hour Project Analyst $100.00/hour GIS Analyst $100.00/hour Clerical $65.00/hour Optional Tasks: Notices and Ballots T & M (Hourly Rates Above) Reimbursables would be billed at cost plus 15%. Reimbursable costs include County Assessor data and maps, mileage, etc. Estimated not to exceed $1,000. Mileage would be billed at $0.56/mile. 151 APPENDIX A EXAMPLE WORK FRANCISCO & ASSOCIATES, INC. APPENDIX “A” EXAMPLE WORK 152 APPENDIX A-1 EXAMPLE WORK LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS FRANCISCO & ASSOCIATES, INC. APPENDIX A-1 LANDSCAPE AND LIGHTING MAINTENANCE DISTRICTS (EXAMPLE WORK) 153 Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2020-21 Final Engineer’s Report June 2, 2020 City of Dublin Street Lighting Maintenance District No. 1983-1 154 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 TABLE OF CONTENTS i Francisco & Associates, Inc. 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 ........................................................................... 18 155 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 CERTIFICATE ii Francisco & Associates, Inc. ENGINEER'S REPORT CITY OF DUBLIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1983-1 FISCAL YEAR 2020-21 The undersigned, acting on behalf of Francisco & Associates, Inc. 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: May 4, 2020 By: Eduardo Espinoza, P.E. RCE # 83709 156 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 INTRODUCTION 1 Francisco & Associates, Inc. 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 Parc development in the western hills; Tracts 7067, 8024, 8073 and 8074; and the Jordan Ranch Development. A reduced copy of the Assessment Diagram showing the exterior boundaries of the District is provided in Part C of this Report. Compliance with the California Constitution Assessments are levied annually within the District pursuant to the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (“1972 Act”). All assessments described in this Report and approved by the City Council are prepared in accordance with the 1972 Act and are compliant with the provisions of the California Constitution Article XIIID (“Article XIIID”), which was enacted with the passage of Proposition 218 in November 1996. Pursuant to Article XIIID Section 5, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4. Specifically, Article XIIID Section 5(a) exempted: “Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. Subsequent increases in such assessments shall be subject to the procedures and approval process set forth in Section 4.” The City has determined that the annual assessments originally established for the District were for the maintenance and operation of street lights within the public street rights-of-way. As such, pursuant to Article XIIID Section 5(a), the pre-existing assessment amount has been 157 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 INTRODUCTION 2 Francisco & Associates, Inc. exempted from the procedural requirements of Article XIIID Section 4 since the amount of the assessment has not increased since the passage of Proposition 218. Any future increase in the assessment rate or substantial changes in the services provided would require that the District be brought into compliance with all the requirements of Article XIIID and would require the approval of the property owners subject to the assessment based upon a mailed ballot which would be sent to each property owner. Summary of District A summary of the assessments to be levied for each property type are shown in the table below. Based upon the estimated expenditures, a transfer will be contributed to the Capital Improvement Fund Balance for Fiscal Years 2020-21 and 2021-22, which is also reflected in the projected fund balances. However, should expenditures continue to rise to a level that exceeds the annual assessment revenue, a transfer from the Operating Fund Balance will be required in that fiscal year. Should annual transfers be required to cover annual expenditures, the fund balance will be drawn upon and depleted in future years. Should this circumstance occur, this may require a significant reduction in service levels in future years so that expenditures match assessment revenues or the City will need to contribute to the District from other available funds or increase the current assessment rate by receiving approval by property owners within the District. Property Type Assessment Rate Single Family Residential (SFR)$19.34 per Parcel Condominium $19.34 per Parcel Duplex, Multi-Family Residential $38.68 per Parcel Triplex, Multi-Family Residential $58.02 per Parcel Fourplex, Multi-Family Residential $77.36 per Parcel Apartments, Multi -Family Residential $116.04 per Parcel Commercial/Industrial/Institutional $106.37 per Acre Vacant Commercial $53.18 per Acre Rural $9.67 per Parcel Exempt, Cemeteries, Common Open Space $0 per Parcel TABLE 1: ASSESSMENTS TO BE LEVIED Street Lighting Maintenance District No. 1983-1 158 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ENGINEER’S REPORT 3 Francisco & Associates, Inc. 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 2020-21 Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 Division 15 of the Streets and Highways Code of the State of California, commencing with Section 22500), and in accordance with the Resolution of Intention, adopted by the City Council of the City of Dublin on May 19, 2020, 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 2020-21, 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. The lines and dimension of each lot or parcel within the District are those lines and dimensions shown on the maps of the Alameda County Assessor for the year when this Report was prepared. The Assessor’s maps and records are incorporated by reference herein and made a part of this Report. 159 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ENGINEER’S REPORT 4 Francisco & Associates, Inc. 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. 160 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 PLANS AND SPECIFICATIONS 5 Francisco & Associates, Inc. PART A PLANS AND SPECIFICATIONS The District provides for the continued installation, maintenance and servicing of street lighting improvements within the public right-of-way which provide special benefit to parcels and properties within the District. As generally defined in the 1972 Act, maintenance and servicing of the street lighting improvements may include one or any combination of the following: 1) The installation or construction of public lighting facilities, including, but not limited to streetlights and traffic signals. 2) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. 3) The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including, but not limited to: a) Repair, removal, or replacement of all or any part of any improvements; b) Grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities; c) The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti; d) Electric current or energy, gas, or other agent for the lighting or operation of any other improvements. 4) Incidental expenses associated with the improvements including, but not limited to: a) The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; b) The costs of printing, advertising, and publishing, posting and mailing of notices; c) Compensation payable to the County for collection of assessments; d) Compensation of any engineer or attorney employed to render services; e) Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; and, f) Costs associated with any elections held for the approval of a new or increased assessment. Pursuant to the 1972 Act: "Maintain" or "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including repair, removal, or replacement of all or any part of any improvement. 161 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 PLANS AND SPECIFICATIONS 6 Francisco & Associates, Inc. "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. 162 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 7 Francisco & Associates, Inc. PART B ESTIMATE OF COSTS All public streetlights and other eligible improvements within the District are maintained and serviced on a regular basis, using assessment revenues. Since the assessment rate cannot be increased, due to the passage of Proposition 218 in 1996, assessment revenues have not always been sufficient to fund 100% of the annual operations and maintenance costs of street lighting in past years. In years where the revenues were less than the costs to maintain the District improvements, the District transferred funds from the District’s existing fund balances to fund the shortfall in assessment revenues. Although the District has seen an increase in revenue because of new development, the increases in costs have increased much more quickly than the increase in assessment revenue because of growth. The proposed cost estimate for the District is shown in Table 2. This includes an estimate of the costs of utilities, operations, services, administration and maintenance associated with the improvements, including all labor, personnel, equipment, materials and administrative expenses for the next two (2) fiscal years. The summary also shows the estimated fund balance, and the projected contribution/(transfer) that will be required from the fund balance based upon the estimated expenditures and assessment revenue. Projected cost estimates are also shown for two (2) fiscal years. The following describes the general services and costs shown in the cost estimate. District Costs Operating Supplies – The cost of supplies for ongoing maintenance and servicing of the street lighting improvements including street light repair parts and the labor associated with performing the repair work. In addition, a portion of this cost is set aside as a contingency amount for both large scheduled and unscheduled, but necessary repairs. Contract with Alameda County – The cost of street light maintenance provided from the County of Alameda based on the current fiscal year contract. California Street Light Association – The cost of Street Light Association dues based on the relative number of streetlights within the District. Utilities Electricity – The cost of street light 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. Miscellaneous Expenses – Costs that cannot easily be categorized into any of the other District Costs defined above. 163 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 8 Francisco & Associates, Inc. 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 per Assessment Collection Fee – The cost to the District for the County to collect assessments on the annual secured property tax bills. Alameda County charges 1.7% of the total amount levied. Miscellaneous Costs and Collections/(Credits) Applied to Levy Reserve Collection/(Transfer) – The 1972 Act pursuant to Chapter 1, Article 4 Section 22569 (a), provides for a District Reserve Fund for operations. Negative amounts shown for this cost estimate item represent transfers from the Reserve Fund that reduces the Balance to Levy. Maintaining a fully funded Operating Reserve eliminates the need for the City to transfer funds from non-District accounts to pay for operational expenses during the first half of the Fiscal Year and provides the District with sufficient funds to address any unforeseen or unusual expenditures that may occur during the year. Capital Improvement Fund Collection/(Transfer) – The 1972 Act pursuant to Chapter 5, beginning with Section 22660, provides for the District to establish by resolution an assessment installment plan for proposed improvements and expenditures that are greater than can be conveniently raised from a single annual assessment. Depending on the nature of the planned improvements, the collection of funds necessary to complete the project may be collected over a period up to thirty years, but typically not more than five years. The funds collected shall be accumulated in a separate improvement fund commonly referred to as a Capital Improvement Fund (CIF) and are not considered part of the regular maintenance of the improvements or the Reserve Fund. Because the money accumulated in the Capital Improvement Fund is for a specific planned project (budgeted separately), the amount shown for this item in the annual cost estimate will typically be a positive number representing the amount being collected that year as part of the Balance to Levy. A negative number (Transfer) should only occur after the project has been completed and excess funds are being credited back to the District’s regular accounts. The annual fund Reserve Collection/(Transfer) and Capital Improvement Fund Collection/(Transfer) are shown under the Fund Balance Information section of the Cost Estimate. 164 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 9 Francisco & Associates, Inc. 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 2020-21 and 2021-22. 165 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS    10 Francisco & Associates, Inc. 166 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ESTIMATE OF COSTS 11 Francisco & Associates, Inc. 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. San Ramon Trail Improvements: The City has identified street lighting improvements needed along the San Ramon Trail. 167 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ASSESSMENT DIAGRAM 12 Francisco & Associates, Inc. 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. 168 City of DublinLandscape and Lighting District No. 1983-1Assessment Diagram Prepared by Francisco & Associates, Inc. N:\Dublin\FY18-19\Diagrams\LLAD1983-1_Assessment Diagram (SA 04/20/2018) 3,250 0 3,250 6,5001,625 Feet Legend LLAD 1983-1 BoundaryCity Limit Parcel Lines Parcels within LLAD 1983-1 Dublin BlvdSan Ramon RdTassajaraRd169 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 14 Francisco & Associates, Inc. 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, right-of-way’s 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 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. 170 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 15 Francisco & Associates, Inc. Special Benefits — The method of apportionment (method of assessment) outlined herein is based on the premise that each assessed parcel within the District receives special benefits from the improvements and the desirability and security of those properties as enhanced by the presence of public lighting near those properties. The special benefits conferred on property from street lighting and other public lighting facilities includes the convenience, safety, and security of property, improvements, and goods. Specifically: 1) Enhanced deterrence of crime and the aid to police protection. 2) Increased nighttime safety on roads, streets and public areas. 3) Improved ability of pedestrians and motorists to see. 4) Improved ingress and egress to property. 5) Reduced vandalism and other criminal act 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 parcels, of which these "sliver" parcels are a part, are assessed at the residential rate. 171 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 16 Francisco & Associates, Inc. Assessment Methodology The special benefits received by each parcel within the District and each parcel’s proportional annual assessment are calculated based on a formula that utilizes Equivalent Dwelling Units. The Equivalent Dwelling Unit (EDU) method of apportionment establishes a proportional benefit relationship between the various parcels within the District and the improvements maintained by the District. The typical single family residential parcel is assigned 1.00 Equivalent Dwelling Unit (EDU) since it represented more than 73% of the total parcels within the District. EDU’s are assigned to the other land uses based upon the property’s development status, type of development (County of Alameda land use code) and property size as shown in the table below. Parcels determined to be vacant will be assessed at a reduced rate of 50%, by multiplying the parcel’s assigned EDU factor by 0.5 (or 50%). Single-Family Residential (SFR) — (County land use 1x) this land use identifies properties that are developed for single family residential use and are assigned a factor of 1.00 EDU per parcel. This is the base value that all other land use types are compared and weighted against (i.e. Equivalent Dwelling Unit “EDU”). This land use classification may include, but is not limited to, lots or parcels identified as single family residential homes, planned development (tract or townhouse type), and modular/manufactured single family residential units. Condominium Unit — (County land use 73) this land use identifies properties that are subdivided residential parcels that have more than one residential unit developed on the property. This land use is assigned 1.00 EDU per unit. 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. 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 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. 1983-1 172 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 METHOD OF APPORTIONMENT 17 Francisco & Associates, Inc. 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 government-owned property, low income housing (secured P.I.’s only), golf courses, private schools, churches, lodge-halls, clubhouses, and other institutional properties. Rural Property — (County land use 5x) this land use identifies properties that are defined as rural lands and are assigned a factor of 0.50 EDU per parcel. This land use classification may include, but is not limited to, lots or parcels identified as rural residential 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. 173 CITY OF DUBLIN LANDSCAPE AND LIGHTING DISTRICT No. 1983-1 FY 2020-21 ASSESSMENT ROLL 18 Francisco & Associates, Inc. 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 2020-21. 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. 174 Carmel Valley Recreation and Park District Park Maintenance Assessment District Prepared by: Francisco & Associates, Inc. 231 Market Place, Suite 543 San Ramon, CA 94583 (925) 867-3400 Fiscal Year 2020-21 Final Engineer’s Report June 10, 2020 175 Park Maintenance Assessment District Fiscal Year 2020-21 TABLE OF CONTENTS Francisco & Associates, Inc. -i- Table of Contents Page No. Agency Directory ................................................................................................................................ ii Certificates .......................................................................................................................................... iii SECTION I Introduction ............................................................................................................ 1 SECTION II Engineer’s Report ................................................................................................... 4 Part A - Plans and Specifications ............................................................................................. 6 Part B - Estimate of Cost ........................................................................................................... 7 Table No. 1 – Summary of Estimate of Cost FY 2020-21 .................................. 8 Part C – Maintenance Assessment District Diagram ......................................................... 9 Part D - Method of Apportionment of Assessment ........................................................... 11 Table No. 2 – Employee Density .......................................................................... 15 Table No. 3 – EDUs by Property Class ............................................................... 15 Table No. 4 – Sample Assessment Calculations ............................................... 17 Table No. 5 – Summary of Assessments .............................................................. 17 Part E - Property Owner List & Assessment Roll ............................................................ 19 Appendix A – FY 2020-21 Assessment Roll 176 Park Maintenance Assessment District Fiscal Year 2020-21 AGENCY DIRECTORY Francisco & Associates, Inc. -ii- CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT BOARD MEMBERS FISCAL YEAR 2020-21 Members of the Board of Directors Karolyn Stone President William Buffalo Board of Director Steve Goodman Board of Director Joseph Hertlein Board of Director Michael Thatcher Board of Director Leslie Girard County Counsel County of Monterey Francisco & Associates, Inc. Assessment Engineer 177 178 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -1- SECTION I INTRODUCTION ENGINEER'S REPORT CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2020-21 Background The Carmel Valley Recreation and Park District (hereinafter “CVRPD”) was created in 1985 to operate and maintain the Carmel Valley Community Park. At the time the CVRPD was created, an assessment was approved by a majority of the registered voters. This assessment provides a majority of the funding to cover CVRPD expenditures. The assessment rate remained the same from 1985 until 2017. In 2016, the Local Agency Formation Commission of Monterey County (“LAFCO”) published its 2016 Municipal Service Review and Sphere of Influence Study relating to park districts in the Coastal Monterey County. In this study, LAFCO discussed the challenges facing the CVRPD. The following are excerpts from that study:  “A benefit assessment, collected as part of annual property tax bills, is the District’s primary revenue source (about 66% of all revenue); the District receives no property tax allocation… The voter-approved measure included no provisions to adjust for inflation, … the amount of revenue has remained at approximately $50,000 per year since 1985. According to the Bureau of Labor Statistics, $50,000 in 1985 is equivalent to $112,000 in 2016 dollars (i.e. $112,000 would be required today to achieve the same purchasing power as $50,000 in 1985).”  “The District has had successes in reaching out to the community for donations for needed improvements.”  “However, the District continues to have an ongoing, structural deficit problem in relation to the original, 1985-level benefit assessment fee amount serving as the District’s main revenue source. At the same time, the physical size of the park is now approximately five times as large as the original 1.3-acre park site, resulting in more maintenance responsibilities and expenses.”  “The District has made strides to connect with grant funds and voluntary donations, as well as to control costs, in response to its limited and “shrinking” (in real-dollar terms) 1985-based revenues. However, based on the most recent five years of data, it seems unlikely that additional cost-saving measures are readily available to bring expenses into line with revenues.”  “Annual revenues are largely funded by a benefit assessment that was established in 1985 and has remained unchanged since then. Measures must be taken to bring revenues and expenditures into balance in order to ensure the District’s fiscal sustainability. The District is exploring the possibility of a ballot measure for a new parcel-based tax to increase revenues.” 179 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -2- In 2017, the CVRPD aimed to address the structural deficit in funding by implementing the following procedures to increase the assessment rates commencing in Fiscal Year 2017-18 for the assessment district. 1) Every property owner subject to the proposed assessment increase was mailed a ballot allowing the property owner to vote on whether to increase the assessments. A notice describing the assessment, the individual property owner’s annual assessment rate, the duration of the assessment, the reason for the assessment and the basis upon which the assessment is calculated accompanied the ballots. 2) The ballots returned during the 45 days after mailing or before the close of the public input portion of the public hearing, were to be tabulated to determine whether a majority protest against the increase in assessment existed. The ballots were to be weighted by their proportionate amount of the total assessment. 3) Publicly owned properties are assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment are the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. 4) CVRPD held a Public Hearing, June 15, 2017, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, ballots were tabulated, and it was found that the property owners returning ballots (weighted by assessment amount) were in favor of the assessment, so the assessment increase and automatic annual increase in the maximum annual assessment rate in each following year was authorized. 5) At the conclusion of the Public Hearing, the CVRPD Board adopted a resolution confirming the assessment increase and the levy of assessments for Fiscal Year 2017-18. Current Annual Administration The costs of operation, maintenance and servicing of the improvements to be funded by the assessment district will be apportioned to each parcel within the assessment district in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the Board, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year beyond the maximum annual assessment for that fiscal year, they will be subject to the noticing and balloting procedures referenced in Proposition 218. Though the maximum annual assessment rate will increase in Fiscal Year 2020-21, the District which could have raised the assessment by as much as 10.76% ($61.25) has elected to levy $56.96 per benefit unit in Fiscal Year 2020-21. Therefore, the applied rate will have a 3% increase over that which was levied in Fiscal Year 2019-20. 180 Park Maintenance Assessment District SECTION I Fiscal Year 2020-21 INTRODUCTION Francisco & Associates, Inc. -3- Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be used for the purposes stated within this report. As required by the Landscaping and Lighting Act of 1972, this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the assessment district for Fiscal Year 2020-21, provides a cost estimate for the assessment district, and lists the proposed assessments to be levied upon each assessable lot or parcel within the assessment district. CVRPD will hold a Public Hearing on June 10, 2020, to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the CVRPD may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution, the final assessor's roll will be prepared and filed with the Monterey County Auditor's office to be included on the Fiscal Year 2020-21 secured property tax roll. Payment of the assessment for each parcel will be made in the same manner and at the same time as payments are made for property taxes. All funds collected through the assessment must be placed in a separate fund and can only be used for the purposes stated within this Engineer's Report. 181 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 ENGINEER’S REPORT Francisco & Associates, Inc. -4- SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT FISCAL YEAR 2020-21 Pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the Streets and Highways Code of the State of California), and in accordance with the Resolution of Intention, being Resolution No. 2020-03, adopted by the Board of Directors on May 13, 2020, accepting the Engineer’s Report, adopted by the Board of Directors of the Carmel Valley Recreation and Park District, on May 13, 2020, and in connection with the proceedings for: CARMEL VALLEY RECREATION AND PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT Herein after referred to as the "District", I, Eduardo Espinoza, the duly appointed ENGINEER OF WORK, submit herewith the "Report" consisting of five (5) parts as follows: PART A: PLANS AND SPECIFICATIONS This part describes the improvements within the District. Plans and specifications for the improvements are as set forth on the lists thereof, attached hereto, and are on file in the Offices of the Carmel Valley Recreation and Park District and are incorporated herein by reference. PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposed improvements, including incidental costs and expenses in connection therewith, is as set forth on the lists thereof, attached hereto, and are on file in the Offices of the Carmel Valley Recreation and Park District. PART C: MAINTENANCE ASSESSMENT DISTRICT DIAGRAM This part incorporates by reference 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. It has been prepared by the Engineer of Work and is on file in the Offices of the Carmel Valley Recreation and Park District. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor for the year when this Engineer's Report was prepared. The Assessor's maps and records are incorporated by reference herein and made part of this Report. 182 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 ENGINEER’S REPORT Francisco & Associates, Inc. -5- PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part contains the method of apportionment of assessments, based upon parcel classification of land within the District, in proportion to the estimated benefits to be received. PART E: PROPERTY OWNER LIST & ASSESSMENT ROLL This part contains a list of the Monterey County Assessor’s Parcel Numbers, and the net amount to be assessed upon the benefited lands within the District for FY 2020-21. The Assessment Roll is filed in the Offices of the Carmel Valley Recreation and Park District and is incorporated in this Engineer's Report by reference. The list is keyed to the records of the Monterey County Assessor, which are incorporated herein by reference. 183 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART A Francisco & Associates, Inc. -6- PART A PLANS AND SPECIFICATIONS The facilities, which have been constructed within the Carmel Valley Recreation and Park District, and those which may be subsequently constructed, and which will be operated, maintained and serviced are generally described as follows: Carmel Valley Community Park: This community park located near the intersection of Ford Road and Carmel Valley Road and is approximately 6.8 acres. The park includes; landscaping, trees, shrubbery, a gazebo, barbecue pits, picnic tables, an outdoor stage, volleyball and horseshoe areas, storage sheds, a flag pole, two restroom buildings, an activity house with meeting rooms, fencing, sidewalks, parking lot areas, etc. The construction, operation, maintenance and servicing of the park facilities and appurtenant facilities, include, but are not limited to; electrical energy, utilities such as water and sewer, materials, telephone, insurance, fees, the removal of trash and debris, contractual services such as landscaping, janitorial services, etc. necessary for the satisfactory operation, maintenance, and servicing of the existing and future park facilities. 184 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART B Francisco & Associates, Inc. -7- PART B ESTIMATE OF COST The 1972 Act provides that the total cost of construction, operation, and maintenance and servicing of the landscaping, park facilities, lighting, and associated appurtenant facilities can be recovered by the District. Incidental expenses including administration of the District, engineering fees, legal fees and all other costs associated with the construction, operation and maintenance and servicing of the District can also be included. The 1972 Act also requires that a special fund be set up for the revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to the District by the CVRPD may be made to reduce assessments, as the Board of Directors deems appropriate. Any balance remaining on July 1 at the end of the fiscal year must be carried over to the next fiscal year. The estimated FY 2020-21 expenditures for the District facilities have been provided by the CVRPD and are estimated in Table No. 1 below. For a more detailed review of the estimate of cost, please refer to the CVRPD budget for FY 2020-21. 185 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART B Francisco & Associates, Inc. -8- FY 2020-21 Estimate of Cost REVENUES Projected Beginning Balance - July 1, 2020 $84,337 Other Revenues1 $11,300 Assessments $110,130 Interest $1,000 TOTAL REVENUES $206,767 DIRECT COSTS Services and Supplies $62,200 CVRPD Administration $24,832 Utilities $13,900 Amortization (Pumps) $770 County Collection Fee $267 Annual Assessment Administration $5,250 Operating Contingency $4,000 Capital Improvements $35,000 TOTAL COSTS $146,219 FUND BALANCE INFORMATION Projected Operating Reserve Fund Balance - June 30, 2021 $53,609 Projected Capital Reserve Fund Balance - June 30, 2021 $6,938 Ending Balance - Projected June 30, 2021 $60,548 TABLE NO. 1 CARMEL VALLEY RECREATION & PARK DISTRICT PARK MAINTENANCE ASSESSMENT DISTRICT PROPOSED INCOME AND EXPENSE 1 Consists of estimated fees, charges and donations. Other Revenues received from non-assessment revenues meet or exceed the amount required to pay for costs associated with the general benefits and the special benefits conferred to property outside the boundaries of the District ($11,889). The amount calculated associated with General Benefits in FY 2020-21 excludes costs associated with Capital Improvements. 186 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART C Francisco & Associates, Inc. -9- PART C MAINTENANCE ASSESSMENT DISTRICT DIAGRAM The boundaries of the Park Maintenance Assessment District are coterminous with the boundaries of CVRPD. The Diagram is on file in the Offices of the Carmel Valley Recreation and Park District and shown on the following page of this Engineer's Report. The lines and dimensions of each lot or parcel within the District are those lines and dimensions shown on the maps of the Monterey County Assessor, for the year when this Engineer's Report was prepared, and are incorporated by reference herein and made part of this Engineer's Report. Only those Parks whose maintenance responsibility is taken care of through the Park Maintenance Assessment District are shown. 187 N:\Carmel Valley Rec & Park\Diagrams\Maint_Ass_District_Diagram.pdf (2017-04-04 SA) Carmel Valley Recreation and Park DistrictPark Maintenance Assessment DistrictMaintenance Assessment District Diagram Prepared by Francisco & Associates, Inc.3,000 0 3,000 6,000 9,0001,500 Feet Legend Carmel Valley Community Park Parcel Lines Park District Boundary 188 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -11- PART D METHOD OF APPORTIONMENT OF ASSESSMENT Part 2 of Division 15 of the Streets and Highways Code, the Landscaping & Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping, park facilities and lighting improvements. Section 22573 of the Landscaping & Lighting Act of 1972 requires that maintenance assessments must be levied according to benefit rather than according to assessed value. This Section states: "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 benefit to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As a benefit based assessment, parcels receiving benefit from improvements maintained by the Park Maintenance Assessment District are subject to the assessment and will not be exempted as long as benefit is received. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are not considered a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. The 1972 Act permits the designation of zones of benefit within any individual assessment district if "by reason of variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvements" (Sec. 22574). Thus, the 1972 Act requires the levy of a true "assessment" rather than a "special tax." Article XIIID of the California Constitution provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rights-of-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities. 189 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -12- General Benefit Pursuant to the provisions of Proposition 218, which was approved by the California voters in November 1996, any general benefit received by the public-at-large from the community park must be identified and calculated. The costs associated with the general benefits from the community park cannot be assessed to the property owners within the District and must be paid for by some other funding source. The general benefit to the public-at-large can be calculated by determining the proportionate District resident versus District non-resident usage of the park. In the analysis of general benefit, CVRPD staff evaluated registration and permit issuance data projections and typical park usage data during the work week and weekends. CVRPD staff determined that 91% of participants using the park are from within the boundaries of the District and 9% are from outside the boundaries of the District. Based on this data, the CVRPD concludes that 9% of the parks usage is from the public-at-large and 9% of the total park budget is a fair calculation to use for calculating the general benefit portion of the costs. Special Benefit The CVRPD’s community park provides a special benefit to all residents within the boundaries of its District. A well-maintained community park allows residents to enjoy their free time by having picnics, playing organized sports or games, relaxing, having barbeques, birthday parties, etc. If the community park is not well maintained and allowed to deteriorate in condition it would become unattractive to the residents and usage of the park would drop off. In addition, an unattractive community park could result in purchasers of homes and businesses being more reluctant to want to move to the community. Crime could also increase in and around the park area if lighting is not well maintained and trees and bushes are untrimmed for long periods of time. Benefit Area The Carmel Valley Community Park is the only community park in the area which services the Carmel Valley Recreation and Park District residents and property owners. According to the National Park and Recreation Society, the service area for a community park is a 3.0-mile radius around the park. Therefore, parcels within this 3.0-miles radius of the community park receive a special benefit from the park services being provided and are therefore assessed for their pro- rata share of those special benefits described below. The Benefit Area map on the following page indicates the benefit area established based on the 3- mile service area. 190 N:\Carmel Valley Rec & Park\Diagrams\Benefit Area Map.pdf (2017-04-10 SA) Carmel V alley Recreation and Park DistrictPark Maintenance Assessment DistrictBenefit Area Map Pr epar ed by Fra ncisco & Assoc ia tes , Inc.3,000 0 3,000 6,000 9,0001,500 Feet Legend Carmel Valley Communi ty Park Parcel Lines Parcels within the Benefit Area 3.0-mile Service Radius Park District Boundary 191 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -14- Assessment Methodology The method for spreading the costs to each parcel is based upon the number of Benefit Units assigned to each parcel. As a benefit based assessment, parcels receiving benefit from the park improvements are subject to the assessment and will not be exempted as long they receive a special benefit. The number of Benefit Units assigned to each parcel is calculated as follows: Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF). Each of these components will be described below. Equivalent Dwelling Units The methodology used to assign EDUs to each land use in proportion to the benefit they receive relative to the single-family residential parcel is explained in this part of the report.  Single-Family Residential (SFR) Since the developed single-family residential parcel represents over 80% of the total parcels within the CVRPD boundary, it is used as the basic unit and is defined as 1.00 EDU. Developed SFR parcels are defined as parcels that have a land use classification as SFR with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Residential Condominiums (CON) The building square footage of a residential condominium unit is typically 75% of the building square footage of a SFR home. Therefore, this can correlate to a condominium unit having 75% of the residents on average per unit when compared to an SFR home. Since there are fewer residents, the impact to the park maintenance is less. Therefore, the benefit for a condominium unit is equal to 75% of a single-family home, or 0.75 EDUs/unit. Condominium parcels are defined as parcels that have a land use classification as condominium, with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Multi-Family Residential & Mobile Home Parks (MFR) The building square footage of a multi-family unit (e.g. apartment, duplex, tri-plex, mobile home, etc.) is typically 50% of the building square footage of a SFR home. Therefore, this can correlate to a multi-family unit having 50% less residents on average per unit than an SFR home. Since there are 50% fewer residents the impact to the park maintenance is less. Therefore, the benefit for a multi-family unit is equal to 50% of a single-family home, or 0.50 EDUs/unit. Multi-Family parcels are defined as parcels that have a land use classification as multi-family, which includes duplexes, triplexes, apartments, mobile homes, etc. with the Monterey County Assessor’s Office and are located within the boundaries of the District.  Improved Non-Residential Property (including Public Property) Non-residential properties such as commercial (COM), industrial (IND), institutional (INST), office (OFC) and medical (MED) properties also benefit from the park improvements. The special benefit arises from the opportunity for employees to utilize the park facilities before work, during lunch or after work. Non-residential properties are assigned EDUs based on their employee population compared to a typical single-family home. To determine the number of employees for a non-residential parcel the building square footage must obtained from the County Assessor’s office. The employee population can then be estimated by 192 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -15- multiplying by the employee density shown in Table No. 2 below by the parcel’s building square footage. For example, a commercial building would have on average 2 employees per 1,000 sq. ft. of building space compared to a single-family residential home which has an average of 2.85 residents per home. Therefore, a commercial building that is 1,000 sq. ft. in size would have 2 employees compared to 2.85 residents per home so the commercial building would have 0.702 EDUs/1,000 sq. ft. of building space (2.00 employees/2.85 residents = 0.702 EDUs). Table No. 3 below shows all the EDU calculations for each class of property.  Public Property Public property will be assessed if it is developed for residential and non-residential purposes described above. Public property used for parks, open space, right-of-way, etc. do not benefit from the park improvements and are not assessed.  Exempt Property Public property used for streets, parks, open space, right-of-way, easements, etc. do not benefit from the park improvements and are not assessed. Parcels that are non-buildable, common area parcels, open space, parks, and undeveloped parcels do not benefit from the park improvements and are not assessed. Land Use Employee Density COM 2 employees per 1,000 SF IND 1 employee per 1,000 SF INST 2 employees per 1,000 SF OFC 3 employees per 1,000 SF TABLE NO. 2 - EMPLOYEE DENSITY Residential Property Single Family 1.000 EDUs/Unit Condominium 0.750 EDUs/Unit Multi-Family 0.500 EDUs/Unit Non-Residential Property Commercial 0.702 EDUs/1000 SF Industrial 0.351 EDUs/1000 SF Institutional 0.702 EDUs/1000 SF Medical 1.053 EDUs/1000 SF Office 1.053 EDUs/1000 SF EDUs BY PROPERTY CLASS TABLE NO. 3 193 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -16- Benefit Factor Non-residential parcels benefit less than the residential parcels because their employees have less time/opportunity to use the parks than residents who live in the District. Employees can typically use the parks before work, during lunch and after work. Residents can use the parks during the same time and on weekends since they live in the area. This reduction in employee usage is demonstrated by the typical park construction standards which are to build 3.0 acres of park per 1,000 residents vs. 0.5 acres of park per 1,000 employees. Based on this information, it is reasonable to assume that for non-residential properties the opportunity to use and benefit from the park facilities is approximately 16.7% (0.5 acres / 3.0 acres) of that for residential properties, therefore non-residential properties receive a Benefit Factor of 0.167. Sample Benefit Unit Calculation The number of benefit units for a typical residential and non-residential property is shown below: Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF) Single Family Home BU = 1.00 x 1.00 = 1.00 BU 3,500 sq. ft. Commercial Building BUs = 3,500 SF x 0.702 EDUs/1,000 SF x 0.167 = 0.410 BUs Calculating Your Assessment Pursuant to the Table No. 1 on Page 7 of this Engineer’s Report, the assessment revenue needed for FY 2020-21 is $110,129.56. Since there is a total of 1,933.461 BUs within the District, the FY 2020-21 rate per BU is $56.96 ($110,129.56/1,933.461 BUs). The method used to calculate the assessment for each parcel is as follows: Step 1 - Each parcel is assigned a land use classification such as SFR (single-family), MFR (multi-family), COM (Commercial), etc., based on the Monterey County Use Codes. Step 2 - EDUs for each parcel are calculated based on the land use classification of the parcel. For residential parcels, the number of units are used in the calculation and for non- residential parcels the building square footage is used in the calculation. Step 3 - Benefit Units are then calculated for each parcel. Benefit Units (BUs) = Equivalent Dwelling Units (EDUs) x Benefit Factor (BF). Step 4 - The assessment amount for each parcel is then determined by multiplying the number of benefit units by $56.96/BU. 194 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -17- Please see Table No. 4 below for typical assessments of different land uses. Note: For collection on the County of Monterey property tax bills, the County Auditor- Controller requires all amounts to be submitted in even cents. Therefore, any parcel assessment that would be in odd cents will be reduced by one cent to meet this requirement. The land use classifications used for parcel are based on the last secured Monterey County Property Tax Roll. A summary of the benefit units and assessment revenue by land use classification is shown in Table No. 5 below. Equivalent No. of Dwelling Benefit Benefit FY 20-21 Total Residential Building Units (EDUs) Factor Units Rate per FY 20-21 Land Use Units Sq. Ft. per 1,000 sq. ft. (BF) (BUs) BU Assessment Commercial Parcel 1,000 0.702 0.167 0.117 $56.96 $6.66 Condominium/Townhome Parcel 1 0.750 1.000 0.750 $56.96 $42.72 Industrial Parcel 1,000 0.351 0.167 0.058 $56.96 $3.33 Institutional Parcel 1,000 0.702 0.167 0.117 $56.96 $6.66 Multi-Family Parcel 2 1.000 1.000 1.000 $56.96 $56.96 Office/Medical Parcel 1,000 1.053 0.167 0.175 $56.96 $9.99 Single-Family Residential Parcel 1 1.000 1.000 1.000 $56.96 $56.96 Undeveloped Parcels 0.000 0.000 0.000 $56.96 $0.00 TABLE NO. 4 - SAMPLE ASSESSMENT CALCULATIONS Land Use No. of Parcels Bldg. SF Units EDUs BUs FY 2020-21 Assessments Commercial 63 418,478 30 293.67 49.043 $2,793 Condominium 83 141,293 83 62.25 62.250 $3,546 Industrial 4 29,447 1 10.33 1.725 $98 Institutional 4 21,214 5 14.89 2.486 $142 Multi-Family Residential 21 24,993 76 41.00 41.000 $2,335 Office/Medical 8 22,509 - 23.69 3.957 $225 Single Family Residential 1,773 3,427,384 1,774 1,773.00 1,773.000 $100,990 Total - Benefit Inside District 1,956 4,085,318 1,969 2,218.83 1,933.461 $110,130 Land Use No. of Parcels Bldg. SF Units EDUs BUs FY 2020-21 Assessments Single Family Residential 33 - 33 33.00 33.000 $1,880 Total - Benefit Outside District 33 - 33 33.00 33.000 $1,880 TABLE NO. 5 - SUMMARY OF FY 2020-21 ASSESSMENTS BENEFIT INSIDE DISTRICT BENEFIT OUTSIDE DISTRICT 195 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART D Francisco & Associates, Inc. -18- Adjustment of Assessments Any property owner, who demonstrates that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file a written appeal with the Board of Directors. Any such appeal is limited to correction of an assessment during the then current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the designee of the Board of Directors, shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, the designee of the Board of Directors shall have the authority to make the appropriate changes in the assessment roll. If any such changes are approved after the assessment roll has been filed with the County for collection, the designee of the Board is authorized to refund to the property owner the amount of any approved reduction if the District reserve is adequate. CPI Increase The FY 2020-21 maximum annual assessment rate per benefit unit has been increased by the annual change in the prior year’s Annual Average Consumer Price Index – All Urban Consumers (San Francisco-Oakland-San Jose, CA). The 2018 Annual Average was 285.550 and the 2019 Annual Average was 295.004. This CPI increase of 3.31% was applied to the prior year’s maximum annual assessment rate per benefit unit of $59.29. Therefore, the FY 2020-21 maximum annual assessment rate per benefit unit is $61.25. Though the maximum annual assessment rate will increase in Fiscal Year 2020-21, the District which could have raised the assessment by as much as 10.76% ($61.25) has elected to levy $56.96 per benefit unit in Fiscal Year 2020-21. Therefore, the applied rate will have a 3% increase over that which was levied in Fiscal Year 2019-20. 196 Park Maintenance Assessment District SECTION II Fiscal Year 2020-21 PART E Francisco & Associates, Inc. -19- PART E PROPERTY OWNER LIST & ASSESSMENT ROLL A list of names and addresses of the owners of all parcels, and the description of each lot or parcel within the Park Maintenance Assessment District is shown on the last equalized Property Tax Roll of the Monterey County Assessor, which by reference is hereby made a part of this report. This list is keyed to the Assessor's Parcel Numbers as shown on the Assessment Roll, which includes the proposed amount of assessments for FY 2020-21 apportioned to each lot or parcel. The Assessment Roll is on file in the Offices of the Carmel Valley Recreation & Park District and is shown in this Report as Appendix “A”. 197 Park Maintenance Assessment District Fiscal Year 2020-21 APPENDIX A Francisco & Associates, Inc. APPENDIX A FY 2020-21 ASSESSMENT ROLL 198 APPENDIX A-2 EXAMPLE WORK ACQUISITION AUDIT SERVICES FRANCISCO & ASSOCIATES, INC. APPENDIX A-2 ACQUISITION AUDIT SERVICES (EXAMPLE WORK) 199 231 Market Place, Suite 543 ~ San Ramon, CA 94583 (925)867-3400 ~ fax (925) 867-3415 January 8, 2021 Andrew Russell, P.E. Public Works Director City of Dublin 100 Civic Plaza Dublin, CA 94568 Subject: Community Facilities District No. 2015-1 (Dublin Crossing) Payment Request No. 37 – Mountain Cascade Inc., Contract Dear Mr. Russell: We hereby submit this recommendation for the payment of the purchase price for authorized improvements related to the City of Dublin Community Facilities District No. 2015-1 (Dublin Crossing). We have reviewed the information provided by Brookfield Residential on behalf of Dublin Crossing, LLC corresponding to Payment Request No. 37 and have determined the eligibility of reimbursement. Items that have been disallowed or deemed ineligible are detailed in the attached report. Below is a summary of our audit: We hereby state to the best of our knowledge, information and belief, based upon the documentation provided by the Developer that the Developer has complied with what we perceive as the requirements of the Funding, Construction and Acquisition Agreement. In summary, we recommend that reimbursement for project costs be approved in the amount of $515,499.53. If you have any questions about the above, or if you need any further assistance, please call me at (925) 867-3400. Authorized Improvement Amount Requested for Reimbursement Amount Approved for Reimbursement City of Dublin - Phase 2B Wet Utilities $495,553.50 $495,553.50 Construction Management (9.5% of Construction)$47,077.58 $47,077.58 Totals:$542,631.08 $542,631.08 Retention (5% per Acquistion Agreement):($27,131.55) Total Purchase Price Amount:$515,499.53 Recommended Payment Amount:$515,499.53 A Financial Services Group 200 Audit Report – CFD No. 2015-1 Payment Request No. 37 January 8, 2021 Page 2 Francisco & Associates, Inc. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal CC: Gonzalo Rodriguez, Brookfield Residential (Gonzalo.Rodriguez@brookfieldrp.com) Gregory Glenn, Brookfield Residential (Gregory.Glenn@brookfieldrp.com) Joe Guerra, Brookfield Residential (Joe.Guerra@brookfieldrp.com) Marilyn Stone, Brookfield Residential (Marilyn.Stone@brookfieldrp.com) Michelle Henry, Brookfield Residential (Michelle.Henry@brookfieldrp.com) Laurie Sucgang, Public Works (Laurie.Sucgang@dublin.ca.gov) Colleen Tribby, Assistant City Manager (Colleen.Tribby@dublin.ca.gov) Jay Baksa, Finance (Jay.Baksa@dublin.ca.gov) Yuliana Tjeng, Finance (Yulie.Tjeng@dublin.ca.gov) PW Files – Chron and CFD 2015-1 201 City of Dublin January 8 , 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page i Francisco & Associates, Inc. TABLE OF CONTENTS Page I. INTRODUCTION 1 II. ANALYSIS OF PAYMENT REQUEST 2 III. SUMMARY OF PAYMENT REQUEST ANALYSIS 5 IV. REIMBURSEMENT RECOMMENDATION 6 APPENDIX Appendix 1 Map of Facilities Appendix 2 Funding, Construction, and Acquisition Agreement Appendix 3 Request for Payment Appendix 4 Agency Approvals Appendix 5 Summary of Supporting Documentation 202 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 1 Francisco & Associates, Inc. I. INTRODUCTION On April 21, 2015, the City Council adopted a Resolution of Intention to form a community facilities district under the Mello-Roos Act of 1982, to levy a special tax and to incur bonded indebtedness for the purpose of financing authorized improvements corresponding to the Dublin Crossing project. After conducting a noticed public hearing, on June 2, 2015, the City Council adopted the Resolution of Formation, which established Community Facilities District No. 2015-1 (the “CFD”) and Improvement Area No. 1 thereof, and designated a future annexation area (the “Future Annexation Area”), which included the remaining phases of the Dublin Crossing Project (Improvement Area No. 2, Improvement Area No. 3, Improvement Area No. 4, and Improvement Area No. 5). The Resolution of Formation also set forth the necessity to incur bonded indebtedness in a total amount not to exceed $150 million for the CFD as a whole. CFD bonds will be issued in phases to facilitate the financing of the improvements in conjunction with the construction schedule. The first series bonds for Improvement Area No. 1 were issued in August 2017 in the amount of $32,740,000 of which $30,385,000 was designated for the acquisition of improvements and the financing of fees. The first series of bonds for Improvement Area No. 2 were issued in July 2019 in the amount of $37,745,000 of which $36,331,867.45 was designated for the acquisition of improvements and the financing of fees. The authorized improvements and fees that can be financed with the CFD bonds are stated in Exhibit A of the acquisition agreement (the “agreement”) between the City of Dublin (the “City”) and Dublin Crossing, LLC (the “Developer”), dated July 18, 2017 and as amended on December 4, 2018. The authorized improvements and fees correspond to public storm drainage, water, sewer, street, and landscaping improvements that are required for the backbone facilities of the Dublin Crossing project. Pursuant to the agreement, the City or its designee will review payment requests submitted by the Developer for the purchase of authorized improvements and discrete components thereof or for the financing of authorized fees. The City has designated Francisco and Associates, Inc. as the auditor of payment requests submitted by the Developer. The improvements submitted for review under Payment Request No. 37 generally consist of wet utilities improvements associated with Backbone Phase 2B of the Dublin Crossing project. Upon review and approval of the payment request, CFD bond proceeds in the amount of the approval items will be disbursed to the Developer per the terms of the agreement. 203 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 2 Francisco & Associates, Inc. II. ANALYSIS OF PAYMENT REQUEST Supporting Documentation Submitted The following documents were provided by the Developer and reviewed as part of our analysis of the Developer’s payment request. •Copies of engineering, consulting, and construction contract documents, and relevant change orders between the Developer and contractors pertaining to the design and construction of the improvements. •Copies of invoices cancelled checks (or other proofs of payment received), lien releases, and other information supporting the amounts in the payment requests. •Engineer’s Certification of Improvements per the following Approved Plans: Improvement Plans – Tract 8361 - Boulevard Phase 2B, prepared by Ruggeri-Jensen-Azar, dated 01/18/18 An audit of the payment request submitted was conducted to confirm the work performed, that payments were made and received on the performed work, and that the appropriate lien releases were received. Payment Request No. 37 is comprised of the work performed under the contract with Mountain Cascade (Contract No. 61000273) (the “contract”) in the amount of $480,210.00. Along with the contract, the Developer submitted one (1) change order totaling $15,343.50. Payment request No. 37 is comprised of the entire contract and change order in the amount of $495,553.50 as summarized in Appendix 3 of this report. 204 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 3 Francisco & Associates, Inc. Summary of Disallowed and Ineligible Items The Developer has provided contract documents, engineer’s certification of improvements, copies of invoices and proof of payment in support of amounts for reimbursement. Based on our review of these documents, the items submitted as part of this payment request appear to be eligible and reasonable in amount except for the items listed below. Ineligible items are not reimbursable; however, disallowed amounts will be reviewed for eligibility should the developer provide additional supporting documentation. Description of Disallowed Items (Mountain Cascade Contract No. 61000273): 1. Based on the supporting documentation provided, there are no items submitted with payment Request No. 37 that are deemed disallowed. Description of Ineligible Items (Mountain Cascade Contract No. 61000273): 1. Based on the supporting documentation provided, there are no items submitted with Payment Request No. 37 that are deemed ineligible. 205 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 4 Francisco & Associates, Inc. III. SUMMARY OF PAYMENT REQUEST ANALYSIS The table below provides an overall summary of the Reimbursement Audit for Payment Request No 37. *Reflects total Contract and Change Order amount to date. Contractor Construction Amount Requested for Reimbursement Contract* Plus Change Orders Total Amount Invoiced Total Amount Paid Disallowed Amount Ineligible Amount Amount Approved for Reimbursement Mountain Cascade Inc.$495,553.50 $495,553.50 $495,553.50 $495,553.50 $0.00 $0.00 $495,553.50 Totals:$495,553.50 $495,553.50 $495,553.50 $495,553.50 $0.00 $0.00 $495,553.50 Construction Management (9.5% of Construction Costs per Acquistion Agreement):$47,077.58 Sub-Total:$542,631.08 Amount Previously Submitted for Reimbursement:$0.00 Retention (5% per Acquistion Agreement):($27,131.55) Total Purchase Price Amount:$515,499.53 Recommended Payment Amount:$515,499.53 206 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Page 5 Francisco & Associates, Inc. IV. REIMBURSEMENT RECOMMENDATION We hereby state to the best of our knowledge, information and belief, based upon the documentation provided by the Developer that the Developer has complied with what we perceive as the requirements of the agreement for public improvements. Per the Acquisition Agreement Section 6 (Payment for the Facilities), we have audited the documentation provided by the Developer and have determined that $515,499.53 is eligible for reimbursement. Based on the latest CFD Improvement Fund balance provided by the City, there are sufficient funds to cover Payment Request No. 37. Therefore, we hereby recommend the City reimburse the Developer in the amount of $515,499.53. 207 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 1 Location Map of Facilities 208 209 City of Dublin January 8, 202 1 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 2 Acquisition Agreement Removed for May 4, 2021 City Council meeting 210 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 3 Request For Payment 211 Item Number Description Reimbursement Request 1 Mountain Cascade Inc. - Invoice #C64740 Total 227,950.20 2 Mountain Cascade Inc. - Invoice #4605 Total 218,047.95 3 Mountain Cascade Inc. - Retention Total 49,555.35 Total Reimbursement Request $495,553.50 Add Construction Management Fee 9.5%$47,077.58 Grand Total $542,631.08 City of Dublin Dublin Crossing, LLC Summary of Infrastructure Reimbursement Request #37 Attachment 1 10-Dec-20 212 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 4 Agency Approvals 213 214 City of Dublin January 8, 2021 CFD No. 2015-1 (Dublin Crossing) Reimbursement Audit Report for Payment Request No. 3 7 Francisco & Associates, Inc. APPENDIX 5 Summary of Supporting Documentation 215 Mountain Cascade Inc. Contract ID: 61000273City of Dublin CFD No. 2015-1Phase 2B Wet Utilities123Inv. No. C64740 Inv. No. C64958 Inv. No. C65122Original ContractDate 4/20/2018 Date 8/20/2018 Date 11/20/2018Bid Item Item # Description of work Quantity Units Unit Price Total Price QTY Amount QTY Amount QTY Amount Quantity TotalCITY OF DUBLIN ON SITE IMPROVEMENTS 1 8" PVC Sewer 162 LF $73.00 11,826.00$ 162.00 11,826.00$ -$ -$ 162 11,826.00$ 2 Sewer Manholes 1 EA $5,800.00 5,800.00$ 1.00 5,800.00$ -$ -$ 1 5,800.00$ 3 Connect to Existing Sewer 1 EA $750.00 750.00$ 1.00 750.00$ -$ -$ 1 750.00$ 4 Remove Abandoned Sewer 90 LF $31.00 2,790.00$ 90.00 2,790.00$ -$ -$ 90 2,790.00$ 5 30" RCP SD 656 LF $124.00 81,344.00$ - -$ 656.00 81,344.00$ -$ 656 81,344.00$ 6 24" RCP SD 424 LF $97.00 41,128.00$ - -$ 424.00 41,128.00$ -$ 424 41,128.00$ 7 18" RCP SD 558 LF $109.00 60,822.00$ 558.00 60,822.00$ - -$ -$ 558 60,822.00$ 8 Storm Drain Manhole 3 EA $3,800.00 11,400.00$ 3.00 11,400.00$ -$ -$ 3 11,400.00$ 9 48" SD MH Base & Slab 14 EA $3,300.00 46,200.00$ 9.00 29,700.00$ 5.00 16,500.00$ -$ 14 46,200.00$ 10 Silva Cells 840 SF $104.00 87,360.00$ - -$ 840.00 87,360.00$ -$ 840 87,360.00$ 11 Connect to EX SD 2 EA $600.00 1,200.00$ 1.00 600.00$ 1.00 600.00$ -$ 2 1,200.00$ 12 8" PVC DW Line 506 LF $65.00 32,890.00$ 506.00 32,890.00$ -$ -$ 506 32,890.00$ 13 2" Water Service -3M Manifold 7 EA $2,550.00 17,850.00$ 7.00 17,850.00$ -$ -$ 7 17,850.00$ 14 2" Water Service -2M Manifold 1 EA $2,400.00 2,400.00$ 1.00 2,400.00$ -$ -$ 1 2,400.00$ 15 2" Water Service -Single Meter 1 EA $2,250.00 2,250.00$ 1.00 2,250.00$ -$ -$ 1 2,250.00$ 16 4" PVC Fire Serv Stub w/Valve 4 EA $3,100.00 12,400.00$ 4.00 12,400.00$ -$ -$ 4 12,400.00$ 17 8" Gate Valve 4 EA $1,900.00 7,600.00$ 4.00 7,600.00$ -$ -$ 4 7,600.00$ 18 Fire Hydrant 1 EA $7,350.00 7,350.00$ 1.00 7,350.00$ -$ -$ 1 7,350.00$ 19 Blow Off 3 EA $1,000.00 3,000.00$ 3.00 3,000.00$ -$ -$ 3 3,000.00$ 20 Connect to Ex. 8" DW Stub 1 EA $4,400.00 4,400.00$ 1.00 4,400.00$ -$ -$ 1 4,400.00$ 21 Recycled Water 8" PVC RW Line 440 LF $70.00 30,800.00$ 440.00 30,800.00$ -$ -$ 440 30,800.00$ 22 Recycled Water 1.5" Irrigation 1 EA $2,850.00 2,850.00$ 1.00 2,850.00$ -$ -$ 1 2,850.00$ 23 Recycled Water Blowoff 1 EA $1,900.00 1,900.00$ 1.00 1,900.00$ -$ -$ 1 1,900.00$ 24 Recycled Water Connect to Ex 8 1 EA $3,900.00 3,900.00$ 1.00 3,900.00$ -$ -$ 1 3,900.00$ CONTRACT TOTAL: 480,210.00$ Sub Total 253,278.00$ 226,932.00$ -$ 480,210.00$ Change OrdersCO #1 25 Excavation Joint Trench 1 $952.00 952.00$ -$ 1.00 952.00$ -$ 1 952.00$ CO #1 27 AC Pipe Demo & Offhaul 1 $14,391.50 14,391.50$ -$ 1.00 14,391.50$ -$ 1 14,391.50$ Change Order TotalCHANGE ORDER TOTAL: 15,343.50$ Sub Total -$ 15,343.50$ -$ 15,343.50$ Invoice Total 253,278.00$ 242,275.50$ -$ 495,553.50$ GRAND TOTAL: 495,553.50$ Retention Total (25,327.80)$ (24,227.55)$ 49,555.35$ -$ Invoice Payment227,950.20$ 218,047.95$ 49,555.35$ 495,553.50$ CONTRACT TOTALSINVOICED TOTALSN:\Dublin\Acq. Audit\Reimbursement Request No. 37 - Mountain Cascade\Excel\Req. 37_construction Page 1 of 1 216 Goodfellow Top Grade Construction, LLCContract ID: 61000279City of Dublin CFD No. 2015-1Phase 2B PavingPayment RequestItem No.Invoice No.InvoiceDate InvoiceAmount for Work Completed Retention Net Invoice Amount Check No.Amount Paid to Contractor under Current RequestCheckDate Actual Check Amt Proof ofPayment Made Payable ToLienRelease1 C64740 4/20/2018 253,278.00$ (25,327.80)$ 227,950.20$ 610002906 227,950.20$ 7/9/2018 227,950.20$ Cancelled Check Mountain Cascade Inc Cond.2 C64958 8/20/2018 242,275.50$ (24,227.55)$ 218,047.95$ 610003468 218,047.95$ 10/31/2018 218,047.95$ Cancelled Check Mountain Cascade Inc Cond.3 4943 6/25/2018 -$ 49,555.35$ 49,555.35$ 610002964 49,555.35$ 7/26/2018 429,827.40$ Cancelled Check Mountain Cascade Inc Cond.495,553.50$ -$ 495,553.50$ 495,553.50$ 875,825.55$ INVOICE INFORMATIONPAYMENT AND LIEN RELEASE INFORMATIONTotals:N:\Dublin\Acq. Audit\Reimbursement Request No. 37 - Mountain Cascade\Excel\Req. 37_construction217 January 28, 2021 Page 1 of 2 Francisco & Associates, Inc. N:\CMFA- Acquisition Audit\CFD No. 2020-5 (Granite Bluff)\Granite Bluff CFD - PR No. 1\Audit Package\To City\Granite Bluff CFD Payment Request No. 1 Audit Letter - To City (1-27-2021).docx January 28, 2021 Ted Williams Finance Analyst City of Rocklin 3970 Rocklin Rd Rocklin, CA 95677 Subject: CMFA CFD No. 2020-5 (City of Rocklin – Granite Bluff) CMFA BOLD Series 2020B Disbursement Request Dear Ted: We hereby submit our review of the KB Home Sacramento, Inc. request for payment related to the City of Rocklin impact fees to be funded from the subject CFD bond issue. We have reviewed the information provided on behalf of CMFA and have determined the eligibility of payment as summarized in the table below. Enclosed is a Disbursement Request form to be executed by the City of Rocklin and returned to CMFA. The Disbursement Request form corresponds to the reimbursement amount to the City. We expect the funds to be transmitted to the City within a few days after receipt by CMFA. If you have any questions, please call me at (925) 867-3400. Sincerely, FRANCISCO & ASSOCIATES, INC. Ed Espinoza, P.E. Principal CC: John Stoecker, CMFA (jstoecker@cmfa-ca.com) Travis Cooper, CMFA (tcooper@cmfa-ca.com) David Judy, KB Home Sacramento, Inc. (dajudy@kbhome.com) Mike Whipple Jr, Development & Financial Advisory (Mike.whipplejr@devFA.com) IMPACT FEE DESCRIPTION AMOUNT REQUESTED FOR REIMBURSEMENT AMOUNT VERIFIED TOTAL AMOUNT APPROVED FOR CFD REIMBURSEMENT City Traffic Fees $52,836.00 $52,836.00 $52,836.00 City Public Facilities Impact Fee $58,618.00 $58,618.00 $58,618.00 AMOUNT APPROVED FOR REIMBURSEMENT TO CITY $111,454.00 A Financial Services Group 218 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.7 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Acceptance of Work – Project No. PK0518, Imagine Playground at Dublin Sports Grounds Project Prepared by: Michael Boitnott, Capital Improvement Program Manager EXECUTIVE SUMMARY: The City Council will consider the acceptance of the Imagine Playground at Dublin Sports Grounds project, CIP No. PK0518. The project generally included an all-abilities playground, parking lot improvements, lighting, picnic areas, site amenities, landscaping, safety surfacing, and a pre- engineered concession/restroom building. STAFF RECOMMENDATION: Adopt the Resolution Accepting the Imagine Playground at Dublin Sports Grounds Project, CIP No. PK0518. FINANCIAL IMPACT: The Imagine Playground at Dublin Sports Grounds project, CIP No. PK0518, is complete and the project cost was as follows: Project Funding Source General Fund $3,641,400.00 Measure D $100,000.00 State Park Grant $1,358,000.00 Total Funding $5,099,400.00 Project Expenditures Suarez & Munoz Construction, Inc. Construction Contract $1,659,000.00 Suarez & Munoz Construction, Inc. Change Orders #1-5 $462,747.76 219 Page 2 of 3 Specified Playground Equipment Company Construction Contract $1,800,000.00 Specified Playground Equipment Company Change Order #1 -$9,631.48 Romtec, Inc. Construction Contract $500,000.00 Romtec, Inc. Change Orders #1-2 -$10,480.34 Contract Services, Design, Salary, and Testing $682,384.06 Total Expenditures $5,084,020.00 Estimated Project Balance*$15,380.00 * While the Project is essentially complete, there may be minor close-out costs. DESCRIPTION: The Imagine Playground at Dublin Sports Grounds project provided for the replacement of the existing playground at 6700 Dublin Boulevard with a new all-abilities playground, including the replacement of the restroom/concession building, picnic tables and barbecue grills, benches and waste receptacles, safety surfacing, toddler play structures, youth playground equipment, adult exercise equipment, fencing and signage, landscaping and irrigation, parking lot lighting, upgraded electrical panels for field lighting, and modifications to the baseball diamond. On July 16, 2019, the City Council approved the plans and specifications for the project and authorized the City Manager to award a construction contract for the project during City Council recess, which was July 17, 2019 through August 19, 2019. On August 20, 2019, the City Council received a report on actions taken during the City Council recess. Those actions included awarding a construction contract to Suarez & Munoz Construction, Inc. for the project for a not-to- exceed amount of $1,825,000. Also on August 20, the City Council approved a purchase agreement with a specialty contractor, Specified Playground Equipment Company, for the playground equipment and safety surfacing for a not-to-exceed amount of $1,800,000, and a purchase agreement with a specialty contractor, Romtec, Inc., for the pre-engineered concession/restroom building for a not-to-exceed amount of $500,000. On May 5, 2020, the City Council authorized a budget change for the project to include additional parking lot lighting, replacement of two field light electrical cabinets, and reduction of a baseball diamond from 90 feet (full size) to 50-60 feet (little league size), to better facilitate youth sports at the site. The City Council also authorized increasing the contingency amount from $166,000 to $507,400 for Suarez & Munoz Construction, and increasing the not-to-exceed contract amount to $2,166,400. Staff has determined that the project is complete and recommends that the City Council accept the project and begin the warranty period. 220 Page 3 of 3 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the Staff Report was sent to Suarez & Munoz Construction, Inc., Specified Playground Equipment Company, and Romtec, Inc., and the City Council Agenda was posted. ATTACHMENTS: 1) Resolution Accepting the Imagine Playground at Dublin Sports Grounds Project, CIP No. PK0518 221 Attachment 1 RESOLUTION NO. XX - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING THE IMAGINE PLAYGROUND AT DUBLIN SPORTS GROUNDS PROJECT, CIP No. PK0518 WHEREAS,on July 16, 2019, the City Council authorized the City Manager to award a construction contract for Imagine Playground at Dublin Sports Grounds, Project No. PK0518 (Project), to Suarez & Munoz Construction, Inc.; and WHEREAS, on August 19, 2019, the City Council approved purchase agreements with Specified Playground Equipment Company and Romtec, Inc. for the Project; and WHEREAS,said improvements have been completed in accordance with the plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin; and WHEREAS,as a condition of the contract, Suarez & Munoz Construction, Inc. is required to warranty the improvements for a period of one year following acceptance of the work by the City of Dublin and maintain a maintenance bond in the amount of 10% of the final contract value. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Imagine Playground at Dublin Sports Grounds Project, Project No. PK0518, and authorize Staff to file Notices of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the retention, if after 35 days of filing the Notices of Completion there are no subcontractor claims. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the maintenance bond at the end of the one- year warranty period. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: 222 Attachment 1 _________________________________ City Clerk 223 STAFF REPORT CITY COUNCIL Page 1 of 3 Agenda Item 4.8 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Pertaining to the City’s Conflict of Interest Code Prepared by: Jordyn Bishop, Acting Assistant City Attorney EXECUTIVE SUMMARY: The City Council will consider amending the current Conflict of Interest Code to update the list of designated positions that must file a Statement of Economic Interests (Form 700). STAFF RECOMMENDATION: Waive the reading and INTRODUCE the Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code. FINANCIAL IMPACT: None. DESCRIPTION: The Political Reform Act (Act) prohibits a public official from using their official position to influence a governmental decision in which they have a financial interest. The City must maintain a Conflict of Interest Code that identifies all officials and employees who make governmental decisions based on the positions they hold. The individuals identified in the Conflict of Interest Code must publicly disclose their designated financial interests by filing a Statement of Economic Interests (Form 700). A local agency’s conflict of interest code is not applicable to mayors, city councilmembers, planning commission members, city managers, or city attorneys, as Government Code Section 87200 requires full Form 700 disclosure for individuals holding these positions. The proposed amendment includes a reference to this requirement for purposes of clarity. The City’s Conflict of Interest Code is located in Chapter 2.24 of the Dublin Municipal Code. The Act requires the City to biennially review and determine whether amendments to the Code are 224 Page 2 of 3 required. (Gov. Code § 87306.5.) The City Council recently amended the Conflict of Interest Code on October 6, 2020 pursuant to this requirement to add and delete certain City positions impacted by the Code. The Act also requires the City amend its Conflict of Interest Code when revisions are necessitated by changed circumstances. (Gov. Code § 87306.) During review of the Code and the FPPC regulations governing the update process, Staff identified necessary changes to the designated positions list and recommends the following changes to Chapter 2.24. 1. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to add one City position determined by Staff to “make or participate in the making of governmental decisions.” This position (and accompanying disclosure category) is: a. Chief Information Security Officer (disclosure category 1) 2. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to delete one reference to a position that was inadvertently listed twice. a. Senior Management Analyst (disclosure category 3) 3. Amend Section 2.24.020 of the Conflict of Interest Code titled “Designated Positions” to include the members of the following Boards and Commissions determined by Staff to “make or participate in the making of governmental decisions.” These positions (and accompanying disclosure categories) are: a. Human Services Commission (disclosure category 1) b. Heritage and Cultural Arts Commission (disclosure category 1) c. Parks and Community Services Commission (disclosure category 1) A designated positions list should exclude members of purely advisory bodies. The City previously excluded all advisory boards and commissions for this reason. However, FPPC guidance suggests including them if a history develops showing involvement in decision-making. The FPPC defines decision-making broadly, to include “participation” in a decision. Participation means providing “information, an opinion, or a recommendation for the purpose of affecting the decision without significant intervening substantive review.” (Regulation § 18704(b).) If a board or commission participates in City decisions in this manner over time, then it should be considered for inclusion on the designated positions list. Recommendations from a board or commission may involve significant intervening substantive review before City Council decides, but not always. For instance, agenda items with commission recommendations may appear on the City Council’s consent calendar. Staff analyzed the FPPC materials and recommends adding the above Commissions to the designated positions list, as these bodies provide information, opinions, or recommendations to the City Council for the purpose of affecting a decision. The City’s amended Code will not be effective until it has been adopted by the City Council. (Gov. 225 Page 3 of 3 Code § 87303.) Staff recommends that the City Council waive the reading and introduce the ordinance amending the Conflict of Interest Code consistent with the changes described above. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted and members on the Human Services Commission, Heritage and Cultural Arts Commission, and Parks and Community Services Commission received a copy of this Staff Report. ATTACHMENTS: 1) Ordinance Amending Chapter 2.24 of the Dublin Municipal Code Relating to the City’s Conflict of Interest Code 226 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 3 ORDINANCE NO. XX – 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING CHAPTER 2.24 OF THE DUBLIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS,the Political Reform Act codified at Government Code Section 81000 et seq., requires every local government agency update its Conflict of Interest Code when revisions are necessitated by changed circumstances; and WHEREAS,following review of the Code, it was determined that the amendments contained in this Ordinance were appropriate. NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Chapter 2.24.020 is amended to read as follows (additions shown in italics and deletions shown in strikethrough): For local officials specified in Government Code Section 87200 (including the Mayor, City Councilmembers, Planning Commissioners, City Manager, and City Attorney), no disclosure is required by this Conflict of Interest Code as full disclosure is required by Government Code Section 87200 et. seq. The positions listed in this section are designated positions, and this section is hereby deemed the Appendix referenced in the provisions incorporated by Section 2.24.015. Officers and employees holding those positions are designated public officials, and are deemed to make, or participate in the making of, decisions which may foreseeably have a material financial effect on a financial interest of the designated public official. Each designated public official shall file an annual statement disclosing that public official’s interests as required by the disclosure category applicable to that public official. Designated Position Disclosure Category Administrative Services Director/Director of Finance 3 Assistant City Attorney 1 Assistant City Manager 1 Assistant to the City Manager 1 Assistant Director of Administrative Services/Budget 3 Assistant Director of Community Development 1 Assistant Director of Parks & Community Services 2,3 Associate Civil Engineer 1 Capital Improvement Program (CIP) Manager 1 Chief Building Official 1 227 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 3 Chief Information Security Officer 1 City Clerk 3 City Clerk/Records Manager 3 City Engineer 1 Code Enforcement Officer 1 Communications Manager 1 Community Development Director 1 “Consultant”* as defined in FPPC Reg. sect. 18700.3 1 Deputy City Clerk 3 Economic Development Director 1 Economic Development Director/Public Information Officer 1 Environmental Coordinator 1 Finance Analyst 1 Heritage and Cultural Arts Manager 1 Housing Specialist 1 Human Resources Director 3 Human Resources Manager 3 Information Services Manager 3 Parks & Community Services Director 1 Plan Check Engineer 1 Principal Planner 1 Public Works Director/Assistant City Engineer 1 Public Works Manager 1 Public Works Maintenance Superintendent 1 Public Works Transportation and Operations Manager 1 Recreation Manager 3 Recreation Supervisor 2,3 Senior Management Analyst 3 Senior Civil Engineer 1 Senior Code Enforcement Officer 1 Senior Management Analyst 3 Senior Planner 1 Special Projects Manager 1 Senior Public Works Inspector 1 Designated Boards and Commissions Disclosure Category Human Services Commission 1 Heritage and Cultural Arts Commission 1 Parks and Community Services Commission 1 228 Ord. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 3 * Consultants/new positions shall be included in the list of designated employees and shall disclose pursuant to the terms of the Disclosure Category 1, subject to the following limitation: The City Manager may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this chapter. Such a written determination shall include a description of the consultant’s or new position’s duties and based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest code. (Gov. Code Section 81008.) Section 2.Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its final adoption. Section 3.Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this __th day of _______ 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk 3739495.1 229 STAFF REPORT CITY COUNCIL Page 1 of 4 Agenda Item 8.1 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:California Statewide Communities Development Authority Middle-Income Rental Housing Program Prepared by: Jim Bergdoll, Senior Planner and Kristie Wheeler, Assistant Community Development Director EXECUTIVE SUMMARY: The City Council will consider whether to join the Community Improvement Authority, which is an affiliate of the California Statewide Communities Development Authority (CSCDA). The Authority supports the issuance of bonds for the production, preservation, and protection of middle-income rental housing. The Authority proposes to acquire the Waterford Place Apartments located at 4800 Tassajara Boulevard for that purpose. More specifically, the City Council will consider authorizing the City to become an Additional Member of the Authority, approving the form of a Public Benefit Agreement, and approving the issuance of bonds for the acquisition of the Waterford Place Apartments. STAFF RECOMMENDATION: Receive the presentation and provide direction on joining the Authority. If the City Council wishes to join the Authority, adopt the Resolution Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, and the Form of a Public Benefit Agreement; and Approving the Issuance of Revenue Bonds by the Authority for the Purpose of Financing the Acquisition of the Waterford Place Apartments. FINANCIAL IMPACT: There are no financial expenditures, liabilities, or obligations created by joining the CSCDA Community Improvement Authority. It is a public entity separate and apart from its members, and any debts or obligations incurred by the Authority will not constitute debts or obligations of its member agencies. In this case, bonds issued for the Authority’s acquisition of the Waterford Place Apartments will be indebtedness solely of the Authority, and payable only from revenues of the project. 230 Page 2 of 4 The Waterford Place Apartments currently provides close to $385,000 annual property tax revenue, which the City would no longer receive. Eliminating property tax burden enables the Authority to charge lower rents and target middle-income households. To offset the loss of property tax revenue, a Public Benefit Agreement would grant any net surplus project revenues to the City when the property is later sold. DESCRIPTION: Background The California Statewide Communities Development Authority (CSCDA) is a joint powers authority founded and sponsored by the League of California Cities and the California State Association of Counties. The CSCDA was created in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA comprises more than 530 cities, counties, and special districts, and has issued more than $65 billion through approximately 1,700 transactions across its public benefit financing programs. The City of Dublin has been a member of the CSCDA since 2003, but the affiliate CSCDA Community Improvement Authority (the Authority) was created more recently specifically to focus on middle income housing preservation and development. The Authority enables CSCDA to acquire public-benefit-oriented capital projects through the issuance of tax-exempt governmental purpose bonds. Through the Authority’s Workforce Housing Program, it issues government bonds to acquire market-rate apartment buildings. These properties are then converted to income and rent-restricted units for moderate/middle income households, which are typically households earning 60% to 120% of area median income (AMI). The Authority owns the projects it acquires and retains a Project Administrator (also known as a Project Sponsor) who manages the ownership and operation of projects on behalf of the Authority, including qualifying prospective tenants to ensure their total household income complies with the program parameters. The Workforce Housing Program is similar to the California Community Housing Agency (CalCHA) joint powers authority that the City Council authorized joining in September 2020. Both programs support the issuance of bonds for the production, preservation, and protection of middle-income rental housing. Most state, federal, and local affordable housing funding sources are targeted to households below 60% AMI. The CSCDA financing model, similar to that of CalCHA, would reduce project financing costs and eliminate the property tax burden for the Authority. This enables CSCDA to charge lower rents and target middle-income households. A key difference between the CSCDA and CalCHA programs is CSCDA proposes to bring each project that it is negotiating to acquire to the City Council to approve the issuance of bonds, whereas CalCHA received approval to acquire up to four properties with a total of up to 1,000 units over five years under certain conditions to be verified by Staff. For the Authority to use the proposed financing model in Dublin, the City would need to: 231 Page 3 of 4 Become an Additional Member of the Authority for the limited purpose of financing or refinancing specific projects in Dublin by the Authority’s issuance of tax-exempt bonds; and Enter into a Public Benefit Agreement with the Authority for any project to be acquired or developed. When a property is acquired by the Authority, the City would execute a Public Benefit Agreement, which is like the Purchase Option Agreement for CalCHA properties and would incorporate the same key terms and conditions negotiated with CalCHA. Among other things, this agreement ensures that the selection criteria for new tenants for vacant units in the Authority’s project(s) include the preference point system in the City’s Inclusionary Zoning Regulations (DMC Section 8.68.050.D). The City Council is being asked to approve the Agreement (Attachment 3) as to form. CSCDA would then prepare such Agreement for each project that they propose to acquire in the future, after the City Council approves the sale of bonds to acquire a property. Under the Public Benefit Agreement, the City, at its sole discretion, may purchase or force a sale of the property between Year 15 and Year 30 (the end of the life) of the bonds. If the property is sold during this 15-year period, the net proceeds of the sale (after paying off debt), could either be received by the City or transferred to a new non-profit owner to maintain affordability. Public benefit is achieved through the execution of a regulatory agreement between the Authority and the bond issuing company that restricts the use of the property, and by granting all net surplus project revenues to the City. The regulatory agreement that restricts use of the property would: Restrict occupancy to low-income, median-income, and moderate-income households; Limit annual rent increases to a maximum of four percent of a tenant’s rent; and Prevent displacement of existing residents that do not meet the income eligibility requirements. Because the Authority would request approval of the issuance of bonds from the City Council for each property, the City can limit the number of total acquisitions and consider geographic proximity to other income restricted properties with each individual approval. This would achieve the same conditions imposed on CalCHA. Proposed Project In addition to requesting that the City become an additional member of the CSCDA Community Improvement Authority, the Authority has requested approval of the issuance of bonds for the acquisition of the 390-unit Waterford Place Apartments (the Project) at 4800 Tassajara Road. As mentioned above, the Project would be owned by the Authority and converted to income and rent- restricted units for moderate/middle income households, which are generally households earning 60% to 120% of AMI. The Project Sponsor would be BLVD Capital, who has experience owning and operating multi-family housing rental projects, including projects with affordability restrictions. 232 Page 4 of 4 If the City Council approves the acquisition, CSCDA would submit a specific Public Benefit Agreement that would be reviewed for consistency with the form of the Public Benefit Agreement approved by City Council. As noted above, the form of the Public Benefit Agreement includes the same key terms and conditions negotiated with CalCHA, including the following: The City shall have ongoing input on property management issues starting immediately and is allowed to exercise due diligence and inspection rights prior to City acquisition of each property. CSCDA shall provide annual reports to the City regarding the status of the Authority’s acquisition, financing and operation of properties. In addition, as previously mentioned, the selection criteria for new tenants for vacant units in the project shall include the preference for existing Dublin residents. Staff is recommending that the City Council receive the information, discuss, and provide direction on the Resolution (Attachment 1) authorizing the execution of a Joint Exercise of Powers Agreement (Attachment 2) relating to the CSCDA Community Improvement Authority, and the Form of a Public Benefit Agreement (Attachment 3); and approving the issuance of bonds for the acquisition of the Waterford Place Apartments located at 4800 Tassajara Road. STRATEGIC PLAN INITIATIVE: Strategy 3: Create More Affordable Housing Opportunities Objective D: Seek opportunities to preserve the stock of housing that is affordable to moderate and middle-income households. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, and the Form of a Public Benefit Agreement; and Approving the Issuance of Revenue Bonds by the Authority for the Purpose of Financing the Acquisition of the Waterford Place Apartments 2) Joint Exercise of Powers Agreement 3) Proposed Form of Public Benefit Agreement 233 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 3 RESOLUTION NO. XX-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CSCDA COMMUNITY IMPROVEMENT AUTHORITY, AND THE FORM OF A PUBLIC BENEFIT AGREEMENT; AND APPROVING THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY FOR THE PURPOSE OF FINANCING THE ACQUISITION OF THE WATERFORD PLACE APARTMENTS WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the Act), certain public agencies (the Members) have entered into a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, dated as of October 15, 2020 (the Agreement), a copy of which has been filed with the City, in order to form the CSCDA Community Improvement Authority (the Authority), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members or granted by the Act, including by the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Dublin has determined that it is in the public interest and for the public benefit that the City become an Additional Member of the Authority pursuant to Section 12 of the Agreement in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council of the City, with the assistance of its staff, have reviewed said document; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction, acquisition and rehabilitation of capital projects; and WHEREAS, the Authority proposes to issue its governmental purpose revenue bonds (the Bonds) to finance the acquisition and certain related costs of the Waterford Place Apartments (the Project) located at 4800 Tassajara Road, Dublin, which contains approximately 390 apartment units; and WHEREAS, the Authority proposes to grant to the City in connection with the financing of the Project the option for the City or its designee to acquire the Project, starting upon the date 15 years from the issuance of the Bonds pursuant to a Public Benefit Agreement, by and between the Authority and the City, the form of which has 234 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 2 of 3 been filed with the City Council, subject to such non-material modifications as have been approved by the City Manager and approved as to form by the City Attorney; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, Section 3(A) of the Agreement and Section 6508.1 of the California Government Code expressly provide that the Authority’s “Bonds, and other debts, liabilities and obligations do not constitute debts, liabilities, or obligations of any Members…” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, AS FOLLOWS: Section 1.The foregoing recitals are true and correct. Section 2.The City hereby requests to become an Additional Member of the Authority pursuant to Section 12 of the Agreement. The Agreement is hereby approved and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk’s designee is hereby authorized and directed to attest thereto. Section 3.The proposed form of Public Benefit Agreement on file with the City Council is hereby approved. In connection with the Project, the City Manager or the designee thereof is hereby authorized and directed to execute an agreement in substantially said form, with the addition of a requirement for the City to be adequately protected from liability arising from the Project as an additionally insured party on insurance policies covering the Project, and with such other non-material changes therein as such officer executing the same may require consistent with this Resolution and its basic purpose, and subject to approval as to form of the City Attorney, such approval to be conclusively evidenced by the execution and delivery thereof. Any material changes to the form of Public Benefit Agreement must be approved by the City Council. Section 4.The City Council hereby approves the issuance of Bonds by the Authority to finance the Project within the City, provided that such Bonds are issued within two years from the date of this Resolution. Section 5.The issuance of Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 6.The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct any Project or any refinancing of any Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of any Project; (iii) make any 235 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 3 of 3 contribution or advance any funds whatsoever to the Authority; or (iv) except as provided in this Resolution, take any further action with respect to the Authority or its membership therein. Section 7.The executing officers(s), the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 8.The City Clerk shall forward a certified copy of this Resolution and an originally executed Agreement to the Authority: CSCDA Community Improvement Authority 1100 K Street, Suite 101 Sacramento, California 95814 Attention: Chair Section 9.This Resolution shall take effect immediately upon its passage. PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________ Mayor ATTEST: _________________________________ City Clerk 236 Attachment 1 [SIGNATURE PAGE FOR JPA AGREEMENT] IN WITNESS WHEREOF, the CITY OF DUBLIN has caused this Agreement to be executed and attested by its duly authorized representatives as of the ___ day of _____________, 2021. Additional Member: CITY OF DUBLIN By Name: Title: ATTEST: __________________________________ City Clerk 237 Attachment 2 238 239 240 241 242 243 244 245 246 247 248 249 Attachment 3 4123-2472-0938.4 RECORDING REQUESTED BY CSCDA Community Improvement Authority WHEN RECORDED RETURN TO: Orrick, Herrington & Sutcliffe LLP 405 Howard Street San Francisco, CA 94105 Attention: Steffi Chan THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE PUBLIC BENEFIT AGREEMENT By and Between CSCDA COMMUNITY IMPROVEMENT AUTHORITY and CITY OF DUBLIN _________________________ Dated as of ___________ _________________________ Relating to CSCDA COMMUNITY IMPROVEMENT AUTHORITY ESSENTIAL HOUSING REVENUE BONDS, SERIES _____A (WATERFORD PLACE APARTMENTS) (SOCIAL BONDS) and CSCDA COMMUNITY IMPROVEMENT AUTHORITY SUBORDINATE ESSENTIAL HOUSING REVENUE BONDS, SERIES _____B (WATERFORD PLACE APARTMENTS) 250 1 4123-2472-0938.4 PUBLIC BENEFIT AGREEMENT This PUBLIC BENEFIT AGREEMENT (“Agreement ”) is dated as of ______________by and between the CSCDA COMMUNITY IMPROVEMENT AUTHORITY, a joint exercise of powers agency organized and existing under the laws of the State of California (including its successors and assigns, “Owner”), and the CITY OF DUBLIN, a California municipal corporation (“Host”). BACKGROUND WHEREAS, the Owner proposes to issue Bonds (as hereinafter defined) to finance Owner’s acquisition of the certain multifamily rental housing project (the “Project”) located at 4800 Tassajara Road, , Dublin, California, located on the real property site described in Exhibit A hereto; and WHEREAS, the Owner has executed a Regulatory Agreement and Declaration of Restrictive Covenants between Owner and Wilmington Trust, National Association, dated concurrently and recorded in the official records of Alameda County, California, which imposes requirements upon the Project with respect to maximum income levels of tenants, maximum rents payable by tenants, maintenance of the Project in accordance with industry standards, and certain other matters, and Host is entering into this Agreement in reliance on Owner’s compliance with such requirements; and WHEREAS, the Owner intends to sell the Project at the instigation of the Host or upon the retirement of all Project Debt (as defined herein) pursuant to this Agreement. AGREEMENT In consideration of the mutual covenants herein contained, and such other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, Owner and Host mutually agree as follows: Section 1.Right to Cause Sale.Host shall have the right to cause (“Sale Right”) the Owner to sell the Property (as herein defined) to Host or Host’s designee upon payment by the purchaser thereof (the “Purchaser”) of the Sale Price (as herein provided) within the Sale Right Term (as herein defined) and in compliance with and observance of all of the terms and conditions of this Agreement. Section 2.Definitions.Capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 2; capitalized terms used in this Agreement and not defined in this Section 2 or elsewhere herein shall have the meanings assigned to them in the Indenture (herein defined). (a)“Bonds” – collectively, (i) the CSCDA Community Improvement Authority Essential Housing Revenue Bonds, Series _____A (Waterford Place Apartments) (Social Bonds) (the “Series A Bonds”) and (ii) the CSCDA Community Improvement Authority Subordinate Essential Housing Revenue Bonds, Series _____B (Waterford Place Apartments) (the “Series B Bonds”), with such other series and sub-series designations as may be set forth in the Indenture, 251 2 4123-2472-0938.4 originally issued to finance Owner’s acquisition of the Project and related transaction costs. The original principal amount of the Series B Bonds shall not exceed $____________, provided the original principal amount of the Series B Bonds may be up to $___________upon approval of the City Manager of Host. (b)“Bond Trustee” – Wilmington Trust, National Association, or any successor trustee under the Indenture. (c)“Closing” – shall have the meaning set forth in Section 8 hereof. (d)“Conveyance” – that transaction or series of transactions by which Owner shall transfer, bargain, sell and convey any and all right, title or interest in and to the Property. (e)“Extraordinary Costs and Expenses” – shall have the meaning set forth in the Indenture. (f)“Host Indemnified Person” – the Host and each of its officers, governing members, directors, officials, employees, attorneys, agents and members. (g)“Indenture” – the Indenture of Trust between Owner, as issuer, and the Bond Trustee, as trustee, pursuant to which the Bonds were issued. (h)“Minimum Sale Price” – means the lowest price at which the Property may be sold, as described in Section 4(c) hereof. (i)“Outstanding” – with respect to Bonds, as of any given date, all Bonds which have been authenticated and delivered by the Trustee under the Indenture, except: (i) Bonds cancelled at or prior to such date or delivered to or acquired by the Trustee at or prior to such date for cancellation; (ii) Bonds deemed to be paid in accordance with Article VIII of the Indenture; and (iii) Bonds in lieu of which other Bonds have been authenticated under the Indenture. (j)“Owner Indemnified Person” – the Owner and each of its officers, governing members, directors, officials, employees, attorneys, agents and members. (k)“Project Administrator” – ___________________________and its successors and assigns. (l)“Project Debt” – any debt secured by the Project and incurred to finance or refinance Owner’s acquisition of the Project and related transaction costs, including any portion of the Bonds and any bonds, notes or other indebtedness issued by Owner to improve the Project or to refund the Bonds in whole or in part. (m) “Property” – means all of Owner’s right, title and interest (which includes fee simple title to the real property) in and to all property and assets used in or otherwise related to the operation of the Project including, without limitation, all real property and interests in real property, all tangible and intangible personal property including furniture, fixtures, equipment, supplies, intellectual property, licenses, permits, approvals, and contractual rights of any kind or nature together with the right to own and carry on the business and operations of the Project. 252 3 4123-2472-0938.4 (n)“Regulatory Agreement” – means the Regulatory Agreement and Declaration of Restrictive Covenants by and between the Owner and the Bond Trustee, relating to the Bonds. (o)“Sale Price” – purchase price of the Property to be paid by the Purchaser upon sale of the Property by the Owner pursuant to Host’s Sale Right in compliance with Section 4 hereof or sale by the Owner pursuant to Section 5 hereof. (p)“Sale Right” – means the right of the Host to cause the Owner to sell the Property pursuant to Section 1 hereof. (q)“Sale Right Exercise Date” – the date fifteen (15) years from the issuance of the Bonds. (r)“Sale Right Term” – shall commence on the Sale Right Exercise Date and, if not exercised, shall terminate at 11:59 p.m. local time on the date that is the earlier of fourteen (14) years from the Sale Right Exercise Date or the date on which no Project Debt remains Outstanding. (s)“Transaction Costs” – to the extent not otherwise described herein, any costs or expenses of any kind or nature associated with or incurred by Owner and Bond Trustee in connection with the consummation of the Conveyance, including but not limited to taxes, recording fees and other impositions, Owner’s and Bond Trustee’s legal and other professional fees,fees for verification agents, bidding agents, escrow agents, custodians or trustees, assumption fees, prepayment fees, the cost of the appraisal, brokers’ fees and expenses, surveys, inspections, title commitments, title insurance premiums and other title-related fees, and all amounts required for indemnification of Authority, Trustee and Project Administrator. Section 3.Effectiveness; Term and Termination.The Sale Right shall become effective on the Sale Right Exercise Dateand may be exercised during the Sale Right Term. Owner agrees that it will not enter into any agreement to sell all or any part of the Property during the Sale Right Term other than as may be required by the Indenture (e.g., in the event of default), without the specific written request of the Host and delivery of an Opinion of Bond Counsel to the Owner substantially to the effect that such sale will not, in and of itself, adversely affect the exclusion of interest on the Bonds from gross income for purposes of federal income taxation. Section 4.Manner of Exercise. (a)Host’s Notice. To exercise the Sale Right, Host shall provide a notice (an “Exercise Notice”) to Owner (with a copy to the Project Administrator) at any time during the Sale Right Term. (b)Owner’s Best Efforts to Sell. Unless Host notifies Owner in writing that it is withdrawing its Exercise Notice within fifteen (15) business daysof delivering the Exercise Notice under Section 4(a) hereof, Owner shall exercise its best efforts to enter into a purchase agreement for the sale of the Property in accordance with Section 7(d) and to sell and convey good and marketable title to the Property to Host or its designee within ninety (90) days following receipt of the Exercise Notice, or as soon as possible thereafter, in accordance with the purchase agreement, but only if it can sell at or above the Minimum Sale Price. The obligation of the Owner 253 4 4123-2472-0938.4 to enter into the purchase agreement for the sale and conveyance of the Property to Host or its designee shall be on a best efforts basis. The Owner shall endeavor to sell the Property at a commercially reasonable price, subject to subsection (c) of this Section, by such means as the parties to the purchase agreement shall determine to be suitable for such purpose; provided that Owner shall incur no liability to any party as a result of or otherwise in connection with the sale or failure to sell. Subject to subsection (c), nothing herein shall require or prevent Owner selling the Property subject to the restrictions set forth in the Regulatory Agreement. The Owner shall direct the Bond Trustee in the foregoing as and to the extent necessary or appropriate. (c)Sale Price. The Sale Price shall be at least equal to the sum of the amounts set forth below (net of any adjustments or prorations of the type described in Section 8(b)) (the “Minimum Sale Price”): i.an amount sufficient to either prepay, redeem in whole or fully defease for redemption on the earliest call date all Project Debt; plus ii.any fees or other amounts not identified in clause (i) that may be necessary to effect the complete release from and discharge of any lien, mortgage or other encumbrance on the Property; plus iii.any amounts due to Owner (including the Owner Indemnified Persons, as provided in the Indenture), the Bond Trustee or any predecessor or successor, or any other Person under any indenture, loan agreement, bond, note or other instrument relating to any Project Debt (including, without limitation, indemnification amounts, Owner’s Extraordinary Costs and Expenses, recurrent and extraordinary fees and expenses, and reimbursable costs and expenses of any kind or nature); plus iv.Transaction Costs; minus v.Any funds held by or for Owner under the Indenture applied to the retirement of Project Debt. Owner may retain such portion of moneys in the Extraordinary Expense Fund or similar fund under the Indenture it deems reasonable as a reserve against future expected costs and expenses of the type described in subparagraph (iii) provided such action is reasonable and in accordance with the Indenture. Section 5.Mandatory Conveyance.Upon the retirement of all Project Debt, the Owner shall use its best efforts to effect a Conveyance within ninety (90) days thereafter, subject to Section 4(c) hereof. Owner shall give notice to Host of its intent to convey the Property, and Host (or its designee) shall have the first right to acquire the Property by delivery of an Exercise Notice to Owner within thirty (30) days after receipt of Owner’s notice. Nothing herein shall require or prevent Owner selling the Property subject to the restrictions set forth in the Regulatory Agreement. 254 5 4123-2472-0938.4 Section 6.Surplus Cash; Surplus Conveyance Proceeds. Upon a Conveyance of the Property, the Owner shall apply the proceeds of such Conveyance (i) to redeem the Bonds then Outstanding, (ii) to prepay, redeem in whole or fully defease any other Project Debt, and (iii) to pay any fees or other amounts listed in Section 4(c)(ii) – (iv). Any proceeds remaining following the foregoing payments (such remaining amounts hereinafter referred to as “Surplus Conveyance Proceeds”) shall be transferred to the Host, which funds may be applied by Host in its sole discretion. Section 7.Terms of Conveyance. (a)The Conveyance shall be in the nature of a grant deed to Purchaser in which Owner shall deliver one or more deeds, bills of sale, or other instruments of transfer without recourse or warranty of any kind or nature. (b)The Property will be conveyed to Purchaser in AS IS CONDITION, WITH ALL FAULTS, and without representations or warranties of any kind or nature as to the condition of the Property, except as may otherwise be set forth in the purchase agreement. (c)There shall be no partial transfer and that, upon consummation of the Conveyance, Owner shall be fully divested of any and all right, title or interest in and to the Property. (d)Upon Purchaser’s delivery of the Exercise Notice, Owner shall deliver to Purchaser a purchase agreement for the Property, and the parties shall negotiate in good faith towards a mutually satisfactory purchase agreement in form and substance satisfactory to Owner and Purchaser and their counsel subject to the terms and conditions of this Agreement. The purchase agreement shall permit Purchaser to conduct physical inspections of the Property and conduct due diligence related to the purchase of the Property, including without limitation its value and physical and environmental condition, and shall provide Purchaser a due diligence approval period of not less than sixty (60) days after the date of the purchase agreement. The purchase agreement shall provide for Owner to deliver to Purchaser copies of all plans, studies, records, reports, governmental notices and approvals, and other written materials related to the use, occupancy or condition of the Property that Owner has in its possession, including without limitation environmental, structural, mechanical, engineering and land surveys. Purchaser shall provide Owner with comments to the form of purchase agreement within fifteen (15) business days of its receipt thereof, and Owner and Purchaser shall use good faith efforts to negotiate, draft and execute a mutually acceptable purchase agreement as soon as practicable thereafter. The purchase agreement shall provide for closing for the conveyance to Purchaser of good and marketable title to the Property at the Sales Price within the time set forth in Section 8(a) hereof. 255 6 4123-2472-0938.4 Section 8.Closing. (a)The closing of the Conveyance (“Closing”) shall take place, in the case of a Conveyancepursuant to Section 4 hereof,not later than the ninetieth (90th) calendar day following the Owner’s receipt of the Exercise Notice, or as soon as possible thereafter, and in the case of a mandatory conveyance pursuant to Section 5 hereof, not later than the ninetieth (90th) calendar day following the retirement of all Project Debt, or as soon as possible thereafter. (b)All general and special real property taxes and assessments, and rents shall be prorated as of the Closing, with Purchaser responsible for all such items to the extent arising or due at any time following the closing. General real property taxes shall be prorated at the time of Closing based on the net general real property taxes for the year of Closing. Section 9.Recording.This Agreement, and any amendment thereto, shall be recorded with the recorder’s office of the County; provided, that upon termination of the term of this Agreement, Host shall cooperate with Owner to remove any such recorded Agreement or amendment thereto from title to the Propertyupon Owner’s reasonable request therefor and, in any event, by no later than thirty (30) days after the expiration of the original term of this Agreement. Section 10.Subordination. This Agreement shall be subordinate to any claim, pledge or interest in the Property securing the Bonds or any Project Debt. Section 11.Maintenance of Membership. In order to preserve the Property’s exemption from property tax, Host agrees to remain a member of the Owner joint powers authority so long as any Bonds remain outstanding. Section 12.Assignment. Neither party to this Agreement shall assign its interests, obligations, rights and/or responsibilities under this Agreement without the prior written consent of the other party, except as provided herein. Section 13.Limitation on Liability. (a)The Owner and Host shall not be directly, indirectly, contingently or otherwise liable for any costs, expenses, losses, damages, claims or actions, of any conceivable kind on any conceivable theory, under or by reason of or in connection with this Agreement or any sale or Conveyance or failure or price thereof or application of proceeds thereof, except only as to moneys available therefor under and in accordance with the Indenture or this Agreement. (b)No Owner Indemnified Person or Host Indemnified Person shall be individually or personally liable for the payment of any sum hereunder or be subject to any personal liability or accountability by reason of the execution and delivery of this Agreement, or by any proceedings for the sale or Conveyance or failure or price thereof, or Host’s exercise or waiver of same, or otherwise except in the case of such Owner Indemnified Person’s or Host Indemnified Person’s own willful misconduct. (c)The Bonds will not be a debt, liabilityor obligation of Host but rather, solely indebtedness of the Owner, limited to the Trust Estate pledged and available therefor under the Indenture. Under no circumstances shall Host be obligated to (i) provide any financing to acquire 256 7 4123-2472-0938.4 or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Project; or (iii) make any contribution or advance any funds whatsoever to the Owner. Section 14.Notices, Governing Law, Binding Effect and Other Miscellaneous Provisions. (a)Notices. All notices provided for in this Agreement shall be in writing and shall be given to Owner or Host at the address set forth below or at such other address as they individually may specify thereafter by written notice in accordance herewith: If to Owner or:CSCDA Community Improvement Authority Designated Agent 1700 North Broadway, Suite 405 Walnut Creek, California 94596 Attention: Jon Penkower Email: jpenkower@cscda.org With a copy to:___________________________ ___________________________ ___________________________ ___________________________ If to Host: City of Dublin 100 Civic Plaza Dublin, California 94568 Attention: City Manager Such notices shall be deemed effective upon actual delivery or upon the date that any such delivery was attempted and acceptance thereof was refused, or if mailed, certified return receipt requested, postage prepaid, properly addressed, three (3) days after posting. (b)Consents and Approvals. All consents and approvals and waivers required or asserted hereunder shall be in writing, signed by the party from whom such consent, approval, waiver or notice is requested. (c)Non-liability of Host Officers and Employees. No officer or employee of Host shall be personally liable to the Owner, or any successorin interest, in the event of any default or breach by Host of any obligation of the terms of this Agreement. (d)Pronouns. Where appropriate to the context, words of one gender include all genders, and the singular includes the plural and vice versa. (e)Amendments. This Agreement may not be modified except in a written instrument signed by Host and Owner. 257 8 4123-2472-0938.4 (f)Complete Agreement; Benefits. This Agreement together with all schedules and exhibits attached hereto and made part thereof supersedes all previous agreements, understandings and representations made by or between the parties hereto. This Agreement shall inure solely and exclusively to the benefit of the Owner and Host, and no other party shall have any right, remedy or claim under or by reason of this Agreement. (g)Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. All claims of whatever character arising out of this Agreement, or under any statute or common law relating in any way, directly or indirectly, to the subject matter hereof or to the dealings between Owner and any other party hereto, if and to the extent that such claim potentially could or actually does involve Owner, shall be filed and maintained in the Superior Court of California, County of Alameda, California. By executing and delivering this Agreement, each party hereto irrevocably: (i) accepts generally and unconditionally the exclusive jurisdiction and venue of such court; (ii) waives any defense of forum non-conveniens; and (iii) agrees not to seek removal of such proceedings to any court or forum other than as specified above. The foregoing shall not be deemed or construed to constitute a waiver by Owner of any prior notice or procedural requirements applicable to actions or claims against or involving governmental units and/or political subdivisions of the State of California that may exist at the time of and in connection with such matter. (h)Legal Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalid provision shall be deemed severable, and shall not affect the validity or enforceability of any other provisions of this Agreement, all of which shall remain fully enforceable. (i)Term. This Agreement shall terminate upon the Conveyance. (j)Captions. The captions used in this Agreement are solely for convenience, and shall not be deemed to constitute a part of the substance of the Agreement for purpose of its construction. (k)Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts shall together constitute but one and the same Agreement. (l)Regulatory Agreement. The Regulatory Agreement shall establish maximum income levels of tenants and maximum rents of the Affordable Units at levels reasonably acceptable to Host and shall permit existing tenants to remain in the Project upon acquisition by Owner. Owner shall not amend the Regulatory Agreement to increase the maximum income levels or maximum rents of the Affordable Units, or to revise the percentages of units to be rented as Low Income Units, Median Income Units and Moderate Income Units, without the prior written approval of Host, which approval shall not unreasonably be withheld. Owner shall annually provide Host a copy of its Certificate of Continuing Program Compliance for the Project. 258 9 4123-2472-0938.4 (m)For the term of the Regulatory Agreement, the Owner hereby represents, covenants, warrants and agrees as follows: The Project will be owned and operated for the purpose of providing multifamily residential rental property. The Owner will own, and cause the Project to be managed and operated, as a project to provide multifamily residential rental property comprised of a building or structure or several interrelated buildings or structures, together with any functionally related and subordinate facilities. (n)Property Management. During the term of this Agreement, Host shall have the authority to review the selection of the original and any replacement property management company and the management agreement with that company for the Project. If Host determines that the management of the Project during the term of this Option Agreement is deficient in any manner, Host may provide notice of the deficiency to Owner, and Host and Owner shall meet and confer in good faith to discuss the alleged management deficiency and attempt to reach agreement upon one or more appropriate remedies to address the alleged management deficiency. Upon Host’s acquisition of the Project, Host shall not be obligated to continue the contracts with any property management company for the Project. (o)Preferences for New Residents. Selection criteria for new tenants for vacant units in the Authority’s project(s) shall include the preference point system in Section 8.68.050 D of the Dublin Municipal Code. [SIGNATURE PAGE TO FOLLOW] 259 10 4123-2472-0938.4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above. CSCDA COMMUNITY IMPROVEMENT AUTHORITY By: Jon Penkower Authorized Signatory CITY OF DUBLIN By: Linda Smith, City Manager Approved as to Form: By:___________________________ John D. Bakker, City Attorney Signature Page to Public Benefit Agreement 260 11 4123-2472-0938.4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of ______________________) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 261 4123-2472-0938.4 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY The Land referred to herein is situated in the State of California, County of Alameda, City of Dublin, and described as follows: 262 Item 8.1: California Statewide Communities Development Authority Middle-Income Rental Housing Program May 4, 2021 263 Background •CSCDA was created in 1988 to enable local government and private entities access to low-cost, tax-exempt financing for projects with public benefit •Affiliate CSCDA Community Improvement Authority created more recently to focus on middle- income housing •Authority’s Workforce Housing Program issues government bonds to acquire market-rate apartment buildings and converts them to rent-restricted units 264 Background •Workforce Housing Program similar to CalCHA Middle-Income Rental Housing Program •Both support issuance of bonds for production, preservation and protection of middle-income rental housing •Both reduce financing costs and property tax burden to enable lower rents •Key difference is CSCDA would bring projects that it is negotiating to acquire to City Council to approve issuance of bonds 265 City Participation •To use proposed financing model in Dublin, the City would need to: –Become an Additional Member of the Authority for limited purpose of financing or refinancing specific projects in Dublin by the Authority’s issuance of tax- exempt bonds; and –Enter into a Public Benefit Agreement with the Authority for any project to be acquired or developed 266 Public Benefit Agreement •When a property is acquired by the Authority, the City would execute a Public Benefit Agreement •Public Benefit Agreement includes same key terms and conditions negotiated with CalCHA: –Selection criteria for vacant units would include preference system in City’s Inclusionary Zoning Regulations; –City would have ongoing input on property management issues; and –CSCDA would provide annual reports to the City regarding the status of the Authority’s acquisition, financing and operation of properties 267 Public Benefit Agreement •Under Public Benefit Agreement, City may purchase or force a sale of a property between Year 15 and Year 30 •If property is sold during this 15-year period, net proceeds of sale could either be received by City or transferred to non-profit owner to maintain affordability •Public benefit is achieved through execution of a regulatory agreement between the Authority and the bond issuing company that restricts use of the property 268 Regulatory Agreement •Regulatory agreement would: –Restrict occupancy to low-income, median-income, and moderate-income households; –Limit annual rent increases to a maximum of four percent of a tenant’s rent; and –Prevent displacement of existing residents that do not meet income eligibility requirements 269 Proposed Project •Authority has requested approval of issuance of bonds for acquisition of Waterford Place Apartments •Project would be owned by the Authority and converted to moderate/middle income units •Project sponsor would be BLVD Capital •Because the Authority would request approval from City Council for each property, number of acquisitions can be limited 270 Recommendation •Receive presentation and provide direction on joining the Authority •If City Council wishes to join the Authority: –Adopt the Resolution Approving, Authorizing, and Directing Execution of a Joint Exercise of Powers Agreement Relating to the CSCDA Community Improvement Authority, and the Form of a Public Benefit Agreement; and Approving the Issuance of Revenue Bonds by the Authority for the Purpose of Financing the Acquisition of the Waterford Place Apartments 271 STAFF REPORT CITY COUNCIL Page 1 of 6 Agenda Item 8.2 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Report on California Senate Bill 1383, Short-Lived Climate Pollutants Requirements Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY: The City Council will receive a report on the requirements imposed on local agencies through the final rulemaking for California Senate Bill 1383, Short-Lived Climate Pollutants. Final rulemaking was issued in November 2020 and includes mandates for waste reduction and diversion, materials procurement, enforcement, and record keeping. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: The financial impact to the City of implementing California Senate Bill 1383 is expected to be significant. Staff is in the process of evaluating the requirement and costs; procurement alone is anticipated to cost the City at least $800,000 per year. The Alameda County Waste Reduction and Recycling Initiative (Measure D) levies a surcharge on waste landfilled in unincorporated Alameda County. Fifty percent of Recycling Fund revenues generated by the surcharge are disbursed to cities and sanitary districts in Alameda County that meet criteria contained in the law. These Measure D funds can help to offset the impact to the General Fund. Annually, the City receives approximately $200,000 in Measure D funds. If the programs required by California Senate Bill 1383 are effective, the quantity of waste being landfilled will decrease, which will decrease the tipping fees collected, and will reduce Measure D fund payments to the City. Other than the General Fund and Measure D, no other sources have been identified to fund Senate Bill 1383 implementation. DESCRIPTION: In September 2016, California Senate Bill 1383, Short-Lived Climate Pollutants (SB 1383), was 272 Page 2 of 6 signed into law. SB 1383 establishes methane reductions targets to help the State of California meet its climate goals. Methane is a relatively short-lived climate pollutant that degrades in the atmosphere in approximately 12 years and is more than 80 times more potent a climate pollutant than carbon dioxide over a 25-year period. The goal of SB 1383 is to reduce methane emissions associated with landfills, dairies and livestock, and organic waste. Sending organic waste to landfills leads to anaerobic breakdown of material, which creates methane. Landfills are responsible for 21% of California’s methane emissions. Diverting organic waste to compost facilities can also reduce local air quality emissions and associated impacts. Targets included in SB 1383 to attain methane emissions reductions include requirements to achieve by 2025 a 75% reduction in the level of the statewide disposal of organic waste from the 2014 level and a requirement that not less than 20% of currently disposed edible food is instead redirected from the landfill to food recovery organizations. The law grants the California Department of Resources Recycling and Recovery (CalRecycle) the regulatory authority to achieve the desired organic waste disposal reduction targets. The final rulemaking for SB 1383 implementation was issued by CalRecycle in November 2020. Table 1 below provides an overview of the major requirements, implementation timeline, and potential non-compliance fines. Details of the required programmatic elements are discussed below. Table 1. SB 1383 Major Requirements and Implementation Timeline Program/Activity Implementation Date Provide Organics Collection Service to All Residents and Businesses January 1, 2022 Establish Edible Food Recovery Program January 1, 2022 Procure Recycled Organic Products & Recycled Content Paper January 1, 2022 Keep Records & Report Implementation Efforts January 1, 2022 Enforce Compliance – Jurisdiction $50 to $500 per violation, depending on severity of violation. January 1, 2024 Enforce Compliance – CalRecycle $500 per violation up to $10,000 per violation per day January 1, 2024 Provide Organics Collection Service to All Residents and Businesses SB 1383 mandates that organics collection service is provided to all residents and businesses and that jurisdictions have enforceable mechanisms in place for their waste haulers, commercial and residential generators, and self-haulers, as applicable, to ensure compliance with organics collection. Provided collection containers must correspond with the prescribed labeling and color scheme. To facilitate compliance, jurisdictions must conduct education and outreach annually to all businesses and residents regarding collection service requirements, contamination standards, and overall SB 1383 compliance information. The City of Dublin is well-positioned to meet the organics collection service mandate in SB 1383. Staff have been working with the City’s franchised waste hauler, Amador Valley Industries (AVI) to implement Assembly Bill (AB) 1826, Mandatory Commercial Organics recycling, since 2016. As of 273 Page 3 of 6 September 15, 2020, all businesses that generate two or more cubic yards of total waste must subscribe to organics waste service. Staff has also been partnering with StopWaste and AVI to implement the Alameda County Waste Management Authority’s Mandatory Recycling Ordinance (MRO). To help prepare for SB 1383, on June 18, 2019 the City Council adopted Resolution 73-19 (Attachment 1) opting the City into the MRO which requires all multifamily properties of five or more units and all businesses to subscribe to recycling and organic waste collection service. Implementation of the MRO was delayed due to the Covid-19 pandemic, but StopWaste staff and consultants have been working with Dublin businesses and multifamily properties on MRO compliance since January 2020. The container element included in the sixth amendment to the franchise waste hauling contract adopted by City Council on June 16, 2020 (Attachment 2) includes costs to label and replace containers according to SB 1383 requirements. SB 1383 requires bins that are color coded as follows: Organics containers – green Recycle containers – blue Trash containers - gray Currently, AVI trash and organics containers are compliant with the SB 1383 color scheme, but recycling containers are non-compliant. Container labeling and adjustments to commercial bin colors will also be necessary. The compliance year for container color scheme and labeling is 2024. Establish Edible Food Recovery Program CalRecycle conducted a waste characterization study in 2014 which found that food waste comprised 18% of the organic waste disposed in landfills. The edible food recovery program is included in SB 1383 to reduce the amount of edible food that goes to landfills and redistribute the rescued food to populations in need. By 2022, each jurisdiction must establish an edible food recovery program for Tier 1 food generators. By 2024, the edible food recovery program must expand to include Tier 2 food generators. Tier 1 and Tier 2 food generators are shown in Table 2 below. Table 2. Tier 1 and Tier 2 Food Generators Tier 1 Food Generators – January 1, 2022 Tier 2 Food Generators – January 1, 2024 Supermarkets Restaurant with 250 or more seats, or total facility size ≥5,000 square feet Grocery stores with a total facility size equal to or greater than 10,000 square feet Hotel with on-site food facility and ≥ 200 rooms Food service provider Health facility with on-site food facility and ≥ 100 beds Food distributor A state agency with a cafeteria with ≥ 250 seats or a total cafeteria facility size ≥ 5,000 square feet Wholesale food vendor A local education agency with an on-site food facility 274 Page 4 of 6 Jurisdictions are required to ensure that food recovery organizations have enough capacity to accept the edible food. Assistance to expand existing infrastructure, as necessary, and inspection of Tier 1 and Tier 2 food generators to ensure compliance is required under this provision. In addition, education and outreach must be conducted annually to edible food generators regarding food donation requirements and available edible food recovery organizations. Procure Recycled Organic Products & Recycled Content Paper To create a market for the anticipated increase in recycled organic products that will be generated due to the diversion requirements in SB 1383, CalRecycle is requiring jurisdictions to procure recycled organic products equivalent to 0.08 tons per resident. In Dublin, that equates to a procurement requirement of over 5,000 tons of recycled organic products per year. Examples of recycled organic products include compost, mulch, renewable natural gas, or electricity from biomass. Most renewable natural gas currently available in California is locked up in existing contracts and very little electricity from biomass is procured by the City’s electric power provider, East Bay Community Energy. Therefore, it is anticipated that Dublin will be required to meet the bulk of its procurement mandate through compost and mulch purchases. In early 2021, StopWaste estimated that compost would cost up to $12/person, which would be approximately $800,000 annually for the City. SB 1383 also requires procurement of recycled content paper. The recycled content paper rules mandate that jurisdictions must require all businesses, from which it purchases paper products, to certify in writing the minimum percentage of post-consumer material in its paper products sold or offered to the jurisdiction. Staff is in the process of updating the City’s existing Environmental Preferable Purchasing Policy to address this procurement requirement. Keep Records & Report Implementation Efforts The record keeping and reporting requirements of SB 1383 are extensive and include, but are not limited to, the following: Organics collection service levels; Container monitoring and contaminant minimization programs; Waivers granted for organics service; Education and outreach programs; Procurement records; Edible food generator program outreach and monitoring; and Inspection and enforcement records. The implementation records must be kept in one central location and can either be electronic or physical. The records must be accessible to CalRecycle within 10business days and be retained for a minimum of five years. Enforce Compliance Jurisdictions are required to enforce the provisions of SB 1383, including issuing fines for non- compliance, which range from $50 to $500 per violation, depending on the severity of the violation. To have the legal authority to implement SB 1383 at the local level and issue fines, a jurisdiction must adopt an implementing ordinance prior to January 1, 2022. 275 Page 5 of 6 SB 1383 also gives CalRecycle the authority to enforce compliance on municipalities. Jurisdictions must demonstrate compliance with each prescriptive standard. A good faith effort does not have weight in the determination of compliance. If CalRecycle determines a jurisdiction is violating one or more of the requirements, the jurisdiction will have 90 days to correct the violation. If additional time is needed, the time frame may be extended to 180 days. If violations are due to issues outside the control of the jurisdiction and may take more time to correct, the jurisdiction can be placed on a Correction Action Plan which would allow 24 months to comply. Fines for non- compliance range from $500 per violation up to $10,000 per day. Dublin’s Implementation Planning Staff have been following the progress of SB 1383 since it was signed into legislation and adopted in 2016. Two comment letters, one dated March 4, 2019 and the other dated July 16, 2019, were submitted to CalRecycle during the lengthy rulemaking process. The letters generally support the intent of SB 1383 but pointed to the difficulty of meeting the procurement, reporting, and inspection requirements (Attachment 3). The City’s Climate Action Plan 2030 and Beyond (CAP 2030) included SB 1383 implementation as one of the high priority measures and a brief discussion of the new legislation was given to City Council in the CAP 2030 update on December 17, 2019 (Attachment 4). Since the final rulemaking in November 2020, StopWaste has been coordinating with Alameda County jurisdictions to facilitate implementation. StopWaste has agreed to coordinate the edible food recovery program efforts, develop a model ordinance, develop procurement implementation strategies, and help track residential and commercial organics service levels. Jurisdiction level work will also be required for all the programs that StopWaste is facilitating plus jurisdictions will need to perform inspection, monitoring, enforcement, data collection, and reporting. To help with the work required, the City recently issued a Request for Proposals for SB 1383 implementation assistance. Staff is finalizing the RFP process. An RFP was also issued for assistance with amending the City’s agreement with AVI due to SB 1383. When the AVI contract was approved by the City Council on June 16, 2020, the final rulemaking had not been issued by CalRecycle. In anticipation of the final rulemaking, place- holder language was included in the contract indicating that the contract would be reopened after the final rulemaking was issued. The RFP process is being finalized and Staff anticipates entering negotiations with AVI in mid-June to early-July 2021. Staff anticipates bringing both contracts to City Council for consideration prior to the end of this fiscal year. Conclusion SB 1383 provides a comprehensive mandate to reduce methane reductions from organic waste disposal in landfills by requiring an aggressive organics waste diversion requirement of 75% from the 2014 level by 2025. It also mandates an ambitious expansion of edible food recovery programs and that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. The programs required to implement SB 1383 will require a significant amount of Staff time to develop and oversee and will ramp up as the January 1, 2022 implementation timeline 276 Page 6 of 6 nears. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Resolution 73-19 Opt-In to the Alameda County Waste Management Authority Mandatory Recycling Ordinance Phase II 2) June 16, 2020 Staff Report - Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC (without attachments) 3) SB 1383 Dublin Comment Letters 4) December 17, 2019 Staff Report - Input on Climate Action Plan Update (without attachments) 277 RESOLUTION NO. 73 — 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN TO OPT-IN TO THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY MANDATORY RECYCLING ORDINANCE PHASE II WHEREAS, on January 25, 2012 the Alameda County Waste Management Authority ACWMA) adopted an Ordinance Requiring Actions to Reduce Landfilling of Recyclables and Organic Solid Waste from Businesses, Multi-family Residences, and Self-Haulers (hereinafter referred to as the "Mandatory Recycling Ordinance"); and WHEREAS, Section 12 Local Regulation and Opt-Out and Opt-In Provisions of the Mandatory Recycling Ordinance provides that the Alameda County cities had the option to opt-out of Phase I of the Ordinance by adoption of a City Resolution prior to March 2, 2012; and WHEREAS, on February 21, 2012, the City Council adopted Resolution 21-12 to opt-out of Phase I of the Mandatory Recycling Ordinance; and WHEREAS, Section 12 Local Regulation and Opt-Out and Opt-in Provisions of the Mandatory Recycling Ordinance provides that the Alameda County cities had the option to opt-out of Phase II of the Ordinance by adoption of a City Resolution prior to January 1, 2014; and WHEREAS, on December 17, 2013, the City Council adopted Resolution 206-13 to opt-out of Phase II of the Mandatory Recycling Ordinance; and WHEREAS, Phase II of the Mandatory Recycling Ordinance includes all recycling mandates required in Phase I with the addition of discarded food and compostable paper as Covered Materials and coverage of all businesses; and WHEREAS, the Mandatory Recycling Ordinance allows any Alameda County city that has opted-out of the Ordinance to opt-in by adopting a City resolution requesting to be included and having that request approved by the ACWMA; and WHEREAS, the City of Dublin has determined that it is in its best interest to opt-in to Phase II of the Mandatory Recycling Ordinance as part of its refuse and recycling services; and WHEREAS, the City of Dublin's current rate increase mechanism should be able to absorb the cost of increased service levels required under Phase II of the Mandatory Recycling Ordinance. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin does hereby declare that the City desires to opt-in to Phase II of the Mandatory Recycling Ordinance and directs the City Manager or his designee to request of the ACWMA that: (1) the City of Dublin be included in the jurisdictions covered by the ordinance effective January 1, 2020, and (2) enforcement actions in the City of Dublin begin effective July 1, 2020. Reso 73-19, Adopted 6/18/2019, Item 7.1 Page 1 of 2 Attachment 1 278 PASSED, APPROVED AND ADOPTED this 18th day of June, 2019, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai, and Mayor Haubert NOES: ABSENT: ABSTAIN: ayor 4 ATTEST: at,o s4 City Clerk Reso 73-19, Adopted 6/18/2019, Item 7.1 Page 2 of 2 279 Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: June 16, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC Prepared by: Jay Baksa, Assistant Administrative Services Director EXECUTIVE SUMMARY: The City Council will consider approval of a Sixth Amendment to the Collection Service Agreement between the City of Dublin and Amador Valley Industries, LLC. The amendment will extend the term for 15 years, revise how the annual rate adjustments are calculated and create new programs to improve the local diversion rate. STAFF RECOMMENDATION: Adopt the Resolution Approving a Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC. FINANCIAL IMPACT: Incorporation of the terms of the amendment to the agreement will result in a 17.5% rate increase in the first year. The overall annual rate adjustment for Fiscal Year 2020-21 will be 21.83% after adjustments for increases to the Consumer Price Index and costs such as labor and waste disposal are factored into the final adjustment. DESCRIPTION: Background On December 6, 2004, the City Council approved a Collection Services Agreement with Amador Valley Industries, LLC (AVI) for the collection and disposal of solid waste in the City of Dublin. The original contract term was seven years, expiring June 30, 2012. 4.9 Packet Pg. 404 Attachment 2 280 Page 2 of 5 Since then, five amendments to the agreement have been executed to include, among other things, collection of recyclable materials produced by commercial units, provision of large item collection services, adjustments to the compensation model and franchise payments, and collection of an annual community benefit payment for small business assistance. On June 1, 2010, the City Council extended the term of the agreement for an additional eight years, terminating on June 30, 2020. The original agreement and first five amendments are included as Attachment 4. At the meeting of August 21, 2018, the City Council discussed a request by AVI to begin negotiations with the City to extend the agreement again in order to make necessary investments in new equipment over the next several years. The City Council dire cted Staff to bring back a review of the existing contract arrangement, along with a brief discussion of potential focus areas of contract negotiations. That item was brought back to the City Council on November 8, 2018, highlighting the main components th at would be included in a contract extension, including capital equipment replacement, operational cost increases, and incorporation of future local and state requirements. The City Council then directed Staff to proceed with negotiations on a contract ext ension. At the April 21, 2020, meeting Staff presented the terms of the final negotiation to solicit feedback in preparation for bringing the amended agreement to the City Council for approval in June of 2020. Sixth Amendment to the Agreement The City’s objective for the Sixth Amendment to the Collection Services Agreement (Amendment) was to continue to keep customer rates low while engaging in a long -term agreement that considers current and future challenges facing the refuse and recycling industry. This was accomplished by resetting AVI’s baseline compensation and creating a new rate model to calculate the annual rate adjustment. In addition, new and enhanced programs were added to help the City increase diversion rates. The New Rate Model As originally structured, the Agreement with AVI provided a lump sum revenue figure. The initial rates were established to generate that lump sum revenue. Thereafter, a procedure was established in which a revised compensation figure would be calculated annually, and the rates adjusted accordingly, to generate the calculated amount. While this approach did work for a time, it became problematic in that it assumes long -term predictability in how a hauler operates and disposes of material. However, over the past few years, recycling markets have become increasingly volatile and unpredictable, and the costs to dispose of certain materials have increased. For example, in 2017, local disposal sites stopped paying for recycling as the commodities market dwindled, leading AVI to absorbing large disposal costs with no offsetting revenue. This subsequently led to their request for an extraordinary rate adjustment, which was approved by the City Council in June 2019. In addition to market volatility, there have been state and lo cal legislative changes in recent years related to the handling of certain recyclable material and compostable waste, and programs that support diversion efforts. In short, locking AVI into a 15 -year contract that incorporates assumptions about uncontrollable and volatile factors would result in a rate increase more than double the amount that Staff and AVI are now 4.9 Packet Pg. 405281 Page 3 of 5 projecting with a new model. To factor in this new environment in which haulers operate, a new model approach was agreed to which is a hybrid of annual rate adjustments, component cost separation, and regular financial reviews. The important distinction with the hybrid model is that the cost elements in the service agreement are more separated rather than blended, and while the baseline amounts would continue to be adjusted annually, a third-party administrator would review costs and revenues every three years to confirm reasonableness and to ensure that an industry standard level of operating margin is being maintained by AVI. This type of contact is now becoming the predominate form used in the industry, due to the previously discussed issues. Setting a New Baseline Reviewing the baseline compensation involved Staff and AVI analyzing the actual costs of providing services and comparing the costs to the revenue generated by the rates for the last two years. Furthermore, Staff and AVI reviewed where cost increases were occurring and discussed why the rate model was not adequately generating the required revenue for those expenses. It became appare nt that over the course of the agreement, as previously mentioned, the environment in which haulers operate had evolved in ways not controllable by agencies. Therefore, it became important to create a rate structure that provided the City and AVI the flexibility to adapt to these changes. Next, Staff and AVI realigned expenses into the appropriate cost elements and, when appropriate, created new cost elements. Costs of capital equipment replacement, operational cost increases, additional program costs, and the incorporation of future local and state requirements were calculated and applied to the baseline compensation. It should be noted that the creation of new elements shifts costs that would have otherwise been factored into other elements. Original Cost Elements vs. Updated Cost Elements Original Cost Elements Updated Cost Elements Collection Element Collection Element Commercial Recycling Element Commercial Recycling Element Disposal Element Disposal Element Container Element Container Element Fee Element Fee Element (NEW) Recycling Disposal Element (NEW) Organics Disposal Element (NEW) Vehicle and Admin Asset Element The following is a brief summary of the new cost elements and programs included in the Amendment. New Cost Components 1. Recycling Disposal and Organics Disposal Elements - While the cost to dispose of recycling was included in the FY 2019-20 rates, it was not included as its own element but as part of an extraordinary rate adjustment. The Amendment will 4.9 Packet Pg. 406282 Page 4 of 5 take the same methodology used to calculate the extraordinary rate adjustment recycling costs and will include these costs as their own element along with organics disposal costs. Costs will be reviewed annually and adjusted using the rate paid by AVI, multiplied by the total tonnage from the prior calendar year. This proposed methodology will protect the Dublin rate payers should the recycling markets rebound and AVI is able to sell their goods once again. If this does occur, Dublin customers will receive a credit toward their rates. 2. Fleet/Asset Replacement Element - The largest single cost associated with the contract extension is the replacement of two-thirds of AVI’s fleet in the first year. The amounts contained in the Vehicle and Admin Asset Element are estimates. These costs will be tracked as a separate element and once the assets have been purchased the amount will be reconciled and adjusted. This element will not be adjusted annually as part of the annual rate adjustment. AVI will continue to utilize natural gas vehicles with their upcoming replacements, but the contract includes language relating to the future consideration of alternative fuel vehicles. After receiving feedback at the April 21, 2020 City Council meeting, Staff discussed the use of alternative fuel vehicles, such as bio-diesel, with AVI, but the research indicates that the natural gas vehicles currently being used are still the most cost effective and environmentally friendly vehicles available. Hybrid and electric vehicles were also thoroughly researched for the upcoming vehicle replacement cycle but both the City and AVI determined that, given the current technology and functional use of these vehicles, it does not yet make operational or economic sense to pursue them. New Programs The mandates being implemented by the County and the State include the requirement to improve the local diversion rate, or the amount of waste that is diverted from garbage landfills. The proposed Amendment with AVI will increase the minimum diversion requirement from the current 50% to 75% within five years. To help with this effort, the following new/expanded programs have been included: 1. Expanded Large Item Pick-Up - This will focus on outreach and assistance to Multi-Family Dwellings that may be underutilizing the service. 2. Quarterly Residential Textile Collection - Under this program, AVI will work with charities and local companies to recycle and re-use textiles. 3. Enclosure Clean-Up - This will focus on the cleaning of overflowing bins and working with customers to proactively address the issue. 4. Collection of Illegally Dumped Material in the City Right-A-Way - This will focus on the prompt identification and removal of material illegally dumped on City property. Attachment 3 presents a summary of all changes that were made as part of the Amendment. 4.9 Packet Pg. 407283 Page 5 of 5 Mandatory Recycling Ordinance (MRO) Update On June 19, 2019, the City Council approved opting into Alameda County Waste Management Authority’s MRO Phase II, which places requirements on businesses and multi-family property owners regarding the handling of certain recyclable material and compostable waste. Participation in the MRO gives City staff, Dublin businesses, and AVI time to expand waste diversion programs before additional state mandates are enacted. As the program continues to expand, additional AVI resources have become necessary, including another hauler and increased staff time. These costs have been incorporated into the Amendment. The costs associated with the MRO will be tracked separately and adjusted as necessary every three years. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Approving a Sixth Amendment to the Collection Service Agreement Between the City of Dublin and Amador Valley Industries, LLC. 2. Exhibit A to the Resolution - Sixth Amendment to Collection Service Agreement 3. Summary of Changes 4. Original Agreement and Amendments 1 - 5 4.9 Packet Pg. 408284 March 4, 2019  Gwen Huff  Materials Management and Local Assistance Division  California Department of Resources Recycling and Recovery  P.O. Box 4025  Sacramento, CA 95812  Submission via email to SLCP.Organics@calrecycle.ca.gov  RE:  SB 1383 Proposed Regulation Released January 2019 – COMMENT  LETTER  Dear Ms. Huff:  Thank you for the opportunity to comment on the proposed regulations  released in January 2019 which seek to implement SB 1383 (Lara, 2016).   The  City  of  Dublin  generally  supports  the  goals  and  intent  of  SB  1383,  however we have concerns about how the regulations are proposed to be  implemented.  Over the course of many months, we have been working  collectively with StopWaste to address the impacts of the requirements on all  cities in Alameda County.  StopWaste has convened a taskforce to go over the  specifics of the proposed implementation to help mitigate the impacts on  cities.  With  years  of  experience  implementing  the  mandatory  recycling  ordinance and food waste prevention, and developing robust markets for  compost and mulch, StopWaste staff has provided input and feedback to  CalRecycle with the goal of creating implementable regulations that allow us  to achieve the ambitious organics diversion and food waste redu ction targets  set by SB 1383.  The City of Dublin supports the letter and comments provided  by  StopWaste  on  these  proposed  regulations.    In  addition,  we  would  specifically like to highlight the following key concerns:  Procurement:   New  procurement  requirements  in  these  proposed  regulations require local governments to purchase recovered organic waste  products in quantities based on population, not need.   These requirements  will result in substantial additional costs, over and above the costs already  anticipated to comply with the extensive programmatic requirements in the  proposed  regulations.  In  lieu  of  mandating  purchase  of  organic waste  products,  we  support  the  recommendation  from  StopWaste  to  require  municipalities  to  enforce  existing  Water  Efficient  Landscape  Ordinance  requirements which includes compost use in landscape construction.  We  believe  that  continuing  down  the  path  of  requiring  procurement would  represent an unfunded sate mandate under Cal. Const. Art. XIII B, sec. 6(a) as  the regulations would impose a new program on cities and neither the draft  regulations nor the Initial Statement of Reasons identifies a state funding  source.  Attachment 3 285   Reporting:  The amount of staff time and resources that would be required to document all the detailed  information required under these regulations would be a significant burden.  The time and effort required  to report would be better used educating and enforcing the generator and hauler requirements. In  addition, we strongly support the concept of a statewide platform for generators and food recovery  organizations to report directly to the state instead of placing the requirement on cities.    Inspections:  Annual inspections of all businesses will require a large increase in staff time. We strongly  support changing the requirement to periodic inspection rather than annual inspection.  We also strongly  support the concept that compliance can be assessed at the hauler serviced bins rather than requiring  compliance checks inside the facility.    The City of Dublin appreciates the inclusive stakeholder process CalRecycle has undertaken. We look  forward to continued opportunities to comment on specific proposals.       Sincerely,        Christopher L. Foss,  City Manager        cc.  Samantha Caygill, East Bay Division of League of California Cities (via email: scaygill@cacities.org)    League of California Cities (via email: cityletters@cacities.org)    286 July 16, 2019 Gwen Huff Materials Management and Local Assistance Division California Department of Resources Recycling and Recovery P.O. Box 4025 Sacramento, CA 95812 Submission via email to SLCP.Organics@calrecycle.ca.gov RE: SB 1383 Proposed Regulation Released June 2019 – COMMENT LETTER Dear Ms. Huff: Thank you for the opportunity to comment on the proposed regulations released in June 2019 which seek to implement SB 1383 (Lara, 2016). The City of Dublin generally supports the goals and intent of SB 1383, however we have concerns about how the regulations are proposed to be implemented. Over the course of many months, we have been working collectively with StopWaste to address the impacts of the requirements on all cities in Alameda County. StopWaste has convened a taskforce to go over the specifics of the proposed implementation to help mitigate the impacts on cities. With years of experience implementing the mandatory recycling ordinance and food waste prevention, and developing robust markets for compost and mulch, StopWaste staff has provided input and feedback to CalRecycle with the goal of creating implementable regulations that allow us to achieve the ambitious organics diversion and food waste reduction targets set by SB 1383. The City of Dublin supports the letter and comments provided by StopWaste on these proposed regulations. In addition, we would specifically like to highlight the following key concerns: Procurement: The City of Dublin strongly disagrees with procurement targets based on population because population is unrelated to the actual need for compost. The upward adjustment to procurement requirements in these proposed regulations for local governments results in substantial additional costs, over and above the costs already anticipated to comply with the extensive programmatic requirements in the proposed regulations. In lieu of mandating purchase of organic waste products, we support the recommendation from StopWaste to require municipalities to enforce existing Water Efficient Landscape Ordinance requirements which includes compost use in landscape construction. 287 Realistic enforcement: We recommend restoring the ability of cities to allow designees to issue waivers for de minimis quantities of organic waste. StopWaste currently issues waivers on behalf of the cities of Alameda County as part of implementation of its Mandatory Recycling Ordinance and the City of Dublin would prefer this more efficient method of reporting and enforcement . Flexibility in record keeping: For efficiency, we recommend that record-keeping requirements allow for portions of the implementation record to be held by designees such as StopWaste on behalf of regulated entities, given that the record is readily accessible by CalRecycle when requested. The City of Dublin appreciates the inclusive stakeholder process CalRecycle has undertaken. We look forward to continued opportunities to comment on specific proposals. Sincerely, Christopher L. Foss, City Manager cc. Wendy Sommer, Executive Director, StopWaste (via email: wsommer@stopwaste.org) Samantha Caygill, East Bay Division of League of Cities (via email: scaygill@cacities.org) League of California Cities (via email: cityletters@cacities.org) 288 Page 1 of 12 STAFF REPORT CITY COUNCIL DATE: December 17, 2019 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Input on Climate Action Plan Update Prepared by: Rebecca Parnes, Environmental Technician EXECUTIVE SUMMARY: The City Council will receive a report and consider implementation measures and goals for inclusion in an updated Climate Action Plan. Following the review and feedback, Staff will present a final updated Climate Action Plan early next year. STAFF RECOMMENDATION: Receive the report on the draft Climate Action Plan (CAP) update and provide direction on proposed implementation measures for inclusion in the CAP update. FINANCIAL IMPACT: There is no immediate impact to the General Fund from the Climate Action Plan (CAP) update. Staff intends to leverage partnerships and grant funding to minimize CAP update implementation costs on the General Fund. All measures with cost implications will be brought to the City Council for separate consideration and approval. DESCRIPTION: On November 16, 2010, the City Council approved Resolution 167-10 (Attachment 1) adopting the City of Dublin’s first Climate Action Plan (CAP) in response to Assembly Bill (AB) 32, the Global Warming Solutions Act, passed by the California legislature in 2006. AB 32 set a State-wide target to reduce greenhouse gas (GHG) emissions to 15% below 1990 levels by 2020. In 2013, Staff initiated an update to the 2010 CAP to meet California Environmental Quality Act (CEQA) and Bay Area Air Quality Management District standards for a Qualified GHG Reduction Plan/Strategy that development projects could follow to reduce the work involved in completing a CEQA analysis for an individual project. The City Council adopted Resolution 177-13 (Attachment 2) on October 15, 2013 approving the update to the CAP. Through implementation of the current CAP, the City of Dublin is on track to reach its 2020 GHG emissions reduction goals. Attachment 4 289 Page 2 of 12 In 2016, the California Legislature adopted Senate Bill (SB) 32 to extend the State’s commitment to GHG emissions reductions by tightening the target to 40 % below 1990 levels by 2030. In 2018, Governor Brown adopted Executive Order (EO) B -55-18 which set a Statewide goal of reaching carbon neutrality by no later than 2045. Carbon neutrality refers to achieving net zero carbon dioxide emissions by balancing carbon emissions with carbon removal (through carbon offsetting or carbon sequestration) or eliminating carbon dioxide emissions completely. The proposed measures presented in this report were developed to achieve GHG emissions reduction targets set by SB 32 and EO B-55-18. The California Air Resources Board currently recommends using a per-capita emissions metric to evaluate GHG emissions reductions and targets to avoid penalizing cities for growth. Staff assessed GHG emissions reductions using the recommended per-capita target. Figure 1 shows forecasted GHG emissions on a business-as-usual trajectory compared to reaching the goal set in EO B-55-18 of carbon neutrality by 2045. Interim reduction targets are also included in the graph. Figure 1. City of Dublin’s GHG Emissions Forecast. To address the gap between forecast and target GHG emissions, the draft CAP update outlines measures that focus predominately on the City of Dublin’s largest emission sources: buildings, transportation, and waste. Together these sources make up 99% of community emissions. The City of Dublin’s community wide GHG emissions were approximately 317,840 metric tons of carbon dioxide equivalents (MT CO2e) in 2015 as shown in Figure 2. This is the equivalent of 5.5 MT CO2e per capita and represents a three percent decrease from the previous inventory of 2010. This total accounts for direct emissions from combustion of fuels in vehicles as well as indirect emissions associated with electricity, solid waste, and water. Emissions from consumption of goods are not accounted for in the inventory due to the lack of consensus on proper 290 Page 3 of 12 assessment methodology. However, strategies to address emissions generated from the consumption of goods are included in the plan. Figure 2. City of Dublin 2015 GHG Emissions Inventory. The proposed community-wide measures are included in Table 1, and municipal measures are included in Table 2. Each of the measures falls under a certain theme, further described below. The theme of “Building Efficiency and Electrification” is important for establishing long- term benefits and savings by constructing new buildings having low GHG emissions. It is more cost effective to address electrification and building efficiency in new building construction rather than in existing building retrofits. The theme of “Renewable Energy” presents an opportunity for drastic GHG emissions reductions and resiliency potential in the event of a natural disaster or Public Safety Power Shutoff (PSPS) event. Transportation is the largest GHG emissions-producing segment of Dublin’s emissions inventory and is addressed under the “Sustainable Mobility and Land Use” theme. It is anticipated that rapid changes in the transportation sector will occur in the next 10 to 20 years and many of the draft measures can position the City of Dublin to maximize the GHG emissions reduction potential from those changes. Emissions from waste are addressed in the materials management measures with a focus on compliance with SB 1383 to remove organic waste from the landfill. The proposed measures can put the City of Dublin on the path to meet new GHG emissions reduction targets in 2030 and 2045. 291 Page 4 of 12 Table 1. Proposed CAP Community-Wide Implementation Measures. Theme: Building Efficiency & Electrification. Targets: Achieve an 8% reduction in projected natural gas use by 2025 and 21% reduction by 2030. Achieve 100% all-electric new construction by 2030. Proposed Policy Proposed Implementation Measure(s) Achieve all-electric new construction. Adopt a building reach code to disincentivize natural gas use in new buildings and incentivize all electric construction. Certain building types, such as fire, hospitals, and restaurants would be exempt as needed. Staff specifically proposes consideration of a building reach code requiring higher energy efficiency standards for dual-fuel (gas-electric) or minimum CalGreen energy efficiency requirements for electric only buildings. Reduce energy consumption in existing buildings. Implement State Building Energy Disclosure Program to ensure compliance with AB 802 (mandatory energy disclosure and benchmarking for large commercial and multi-family buildings) as well as voluntary residential disclosures. Develop a program for residents to facilitate building of all- electric buildings as easily as possible. Develop and distribute outreach materials on the benefits of home electrification and maintain an up-to-date repository of information on the City website. Encourage implementation of energy efficiency upgrades for existing homes and apartment buildings. Promote voluntary electrification by leveraging State and local incentives. Theme: Renewable Energy. Target: Achieve zero greenhouse gas emissions from the electricity sector by 2022. Proposed Policy Proposed Implementation Measure(s) Promote 100% clean electricity. By 2022, City Council to consider passing a Resolution to opt-up residential, community and other building classes to 100% carbon-free (Brilliant 100) or 100% renewable Renewable 100) energy with EBCE. Streamline battery storage permit requirements as required by AB 546. Develop Renewable Resource Buildout Plan for Dublin. Leverage State and local funding and partnerships to develop local community solar projects in Dublin (i.e. projects that could supply local solar to the grid and function as a microgrid in PSPS events or natural disasters). 292 Page 5 of 12 Theme: Sustainable Mobility and Land Use. Targets: Increase alternative fuel vehicle adoption to 12% of Dublin cars by 2025 and 33% by 2030; reduce vehicle miles traveled to 400,000 by 2030; construct 10 bike lane miles by 2030; achieve 500,000 miles traveled by bike, scooter, or autonomous shuttle by 2025 and 800,000 miles by 2030. Proposed Policy Proposed Implementation Measure(s) Increase community electric vehicle (EV) adoption. Adopt EV Charger Reach Code for Multifamily and Commercial Buildings. Develop an ordinance which requires all new commercial and multifamily buildings to include 25% of parking spaces be “EV Ready” (conduit and electrical panel capacity installed), with 3% parking required to have installed and operable Level 2 EV Charging stations. Please note that effective January 1, 2020, 10% of parking stalls at new commercial buildings and 20% of parking stalls at new multifamily buildings will be designed to accommodate the future installation of EV charging equipment. Develop an EV Infrastructure Plan for Dublin. Leverage State and regional incentives to encourage the installation of additional EV charging stations with a goal of 68 new publicly available charging stations (City or third party owned) by 2025 and 184 new charging stations by 2030. The EV charger goal was calculated by taking the number of EV’s needed to meet the 12% and 33% EV’s on the road goal which equates to 3,658 EV’s by 2025 and 9,911 EV’s by 2030. Per CEC and National Renewal Energy Lab numbers, one charger can service 27 cars. Promote alternative modes of transportation. Develop a Transportation Demand Management Plan. Develop a City parking management plan to reduce single occupancy vehicle transit. Reduce Parking Requirements in Transit Oriented Development. Work with BART and LAVTA on autonomous vehicle roll-out. Continue implementation of the City's Bicycle and Pedestrian Master Plan. Continue to prioritize transit-oriented development to reduce transportation emission and increase efficiency/amenities to the local area. Implement form-based building codes that encourage pedestrian access over vehicle access. Theme: Materials Management Targets: Organics will make up less than 9.35% of Dublin waste by 2025; not less than 20% of currently disposed edible food is recovered for human consumption by 2025. Reduce GHG emissions related to the manufacture, transport and construction of building materials, together with end of life emissions. 293 Page 6 of 12 Proposed Policy Proposed Implementation Measure(s) Achieve Zero Waste goals for solid waste. Pass all ordinances required by SB 1383 to reduce waste sent to the landfill and recover edible food. Ensure compliance with mandatory composting rules to ensure organics make up less than 9.35% of Dublin waste by 2025. Require food generators above minimum size/revenue thresholds to donate surplus edible food. Implement the City's franchise waste collection agreement. Reduce embodied emissions in the built environment. Adopt a reach code mandating low embodied emissions concrete with specifications for residential and non- residential applications. "Embodied emissions" are emissions of carbon dioxide or other greenhouse gases generated by making and transporting materials to a building site, including mining, refining, and shipping. Table 2. Proposed CAP Municipal Implementation Measures. Theme: Municipal Building Efficiency & Electrification. Target: Construct buildings to enable fiscal responsibility on ongoing electrical operating costs. Proposed Policy Proposed Implementation Measure(s) Include total cost of ownership and life cycle analysis of GHG emissions impacts to RFP language for City Buildings/Infrastructure projects. Develop policy for the City which would require all new building RFP’s to include life cycle costing over 30 years and tie this directly to energy consumption and building electrification. This would include the building’s operational and maintenance costs and ensure that the City has the most cost effective and sustainable building possible. Theme: Municipal Renewable Energy Targets: City facilities use 100% clean energy; 50% of energy is generated on-site by 2030; 100% of critical facilities are functional with off-grid clean energy by 2030. Proposed Policy Proposed Implementation Measure(s) 100% Clean Energy for Municipal Accounts. Opt-up all municipal electricity accounts to 100% renewable power. Please note this is implemented and all energy procured by the City of Dublin is from 100% renewable sources as of July 2019. Install solar arrays at facilities that currently do not have solar arrays and work with emergency services to add solar and battery storage at priority locations. Review options for potential to combine multiple buildings into microgrid systems. Theme: Municipal Sustainable Mobility Targets: Reduce employee commute emissions 10% by 2025 and 20% by 2030. Electrify 10% of city plus contractor fleet by 2025 and 25% by 2030. Proposed Policy Proposed Implementation Measure(s) 294 Page 7 of 12 Reduce Municipal Employee Commute Emissions. Complete a transportation demand management study to determine how to incentivize alternative transportation methods for employees, including telecommute options. Provide bicycles and bicycle storage for employees to use during work hours for short business or personal trips. Electrify Vehicle Fleet and Equipment. Update and implement the City's Green Fleet Policy. Develop and adopt a policy to apply life cycle costing to all new vehicle and equipment purchases. This should include all passenger vehicles as well as larger vehicles such as garbage trucks, busses, etc. This policy could be extended to require long-term contractors to use EVs and give preference to short-term vendors/contractors who have electric/hybrid vehicles. Complete fleet electrification analysis (in process through EBCE). Theme: Municipal Materials Management Target: Green the City's procurement process. Proposed Policy Proposed Implementation Measure(s) Promote awareness of sustainable goods and services. Implement the City’s Environmental Preferable Purchasing Policy. Require Municipal landscapers to maintain Bay-Friendly Landscape trained staff. Update RFP requirements to include minimum number of two Bay Friendly certified professionals for any company responding to landscaping- related City RFPs. Enforce existing Water Efficiency Landscape Ordinance and Bay-Friendly Landscape measures. Enhance Carbon Sequestration Opportunities. Update City Standards to include compost/mulching requirements and standardize minimum tree root volumes. Complete and highlight carbon sequestration/farming pilot project which will be completed in partnership with StopWaste. Require the use of compost-based erosion control BMP’s during and post-construction, including compost socks, berms, and blankets, in permitted and city-owned construction projects. Theme: Resiliency Efforts Proposed Policy Proposed Implementation Measure(s) 295 Page 8 of 12 Implement the Local Hazard Mitigation Plan to mitigate flooding and reduce the urban heat island effect through an urban greening initiative. Develop Urban Greening policies which encourage/require tree planting along roadways, homes, and businesses to increase stormwater capture, reduce the urban heat island effect, increase building energy efficiency and provide carbon sequestration opportunities. Implement the Green Stormwater Infrastructure Plan. Include green stormwater infrastructure in optimal locations to promote infiltration and stormwater management along with complete street designs, carbon sequestration, and habitat development. Implementation of the draft CAP update measures will enable the City of Dublin to reach proposed 2030 GHG emissions reduction targets. As seen in Table 3 below, the biggest impacts can be achieved by opting-up East Bay Community Energy (EBCE) community accounts to 100 percent carbon free energy, followed by increasing community adoption of electric vehicles and electrifying the new and existing building stock. To further achieve reductions in GHG emissions from transportation, a shift away from single occupancy vehicles must occur. Policies and programs to address this transition are quantified but the impact is relatively small as behavior change will take time to realize. A detailed discussion on three of the proposed measures follows the table below. Table 3. 2025 and 2030 GHG Emissions Reduction Projections. Measure 2025 GHG Emissions Reductions MT CO2e) 2030 GHG Emissions Reductions MT CO2e) GHG Emissions Reductions Percentage of 2030 Potential Theme: Building Efficiency & Electrification Building Electrification Ordinance 4,062 4,828 6.1% Electrify Existing Building Stock 4,649 14,529 18.4% Theme: Renewable Energy Opt-up EBCE Community Accounts 35,620 28,182 35.7% Theme: Sustainable Mobility Reduce Parking Requirements 794 1,332 1.7% Bike & Ped Implementation 167 172 0.2% Community EV Adoption Programs 8,320 26,288 33.3% 296 Page 9 of 12 Theme: Materials Management Organic Waste Diversion 3,427 3,615 4.6% Total Emissions Reduction Target 30,177 73,866 Total Measures Reduction Potential 57,039 78,946 POLICY DISCUSSION All-Electric New Construction An all-electric building paired with 100% renewable energy has zero carbon emissions. In contrast, natural gas usage in buildings is one of the largest sources of GHG emissions. In order to start on the path to achieve the goal of carbon neutrality established in EO B-55-18 by 2045, the City of Dublin can adopt an electrification reach code. A reach code is a building code that is equal to or more stringent than what is established by the California building code, is cost effective, and is approved by the California Energy Commission. Reducing and ultimately eliminating natural gas usage in the building sector is an important component of climate mitigation and a critical strategy for the City of Dublin and the State to achieve the goal of Carbon Neutrality by 2045. Since SB 100 requires a 100% clean electric grid by 2045, passing a building electrification ordinance now reach code) that prohibits or disincentivizes natural gas infrastructure, a policy that has been publicly supported by PG&E, is a critical tool for consideration as part of Dublin’s CAP update. Cities across the State are adopting gas bans and all electric reach codes. In Alameda County the following cities are exploring electric reach codes per direction from their City Council with the possibility of implementation in early 2020: Albany, Berkeley, Emeryville, Fremont, Hayward, Livermore, and Oakland. Due to the timing of the release of CalGreen Title 24 codes and the completion of cost effectiveness studies for all electric, no Alameda County cities have yet adopted a reach code. On November 19, 2019 the City Council adopted a Resolution (Attachment 3) which approves amendments to Dublin Municipal Codes to align with provisions required by the California Building Standards Code in the California Code of Regulations, Title 24. The code amendments require higher levels of building energy efficiency effective January 1, 2020 but do not mandate all electric new construction. The City of Dublin can choose to either mandate or encourage all electric new construction by adopting a reach code. As part of the CAP update, Staff proposes amending the City’s construction codes to let builders choose between building more energy efficient buildings with dual fuel (gas and electric) or all electric construction at the minimum level of energy efficiency required per the 2019 Edition of the California building Code. Though not necessary for GHG emission reductions, the City Council can additionally adopt a reach code requiring the installation of battery storage coupled with mandatory solar panel installation. Solar panels with battery storage can enable resiliency in a natural disaster 297 Page 10 of 12 or PSPS event. Zero Greenhouse Gas Emissions from the Electricity Sector by 2022. The City of Dublin passed Resolution 168-16 (Attachment 4) and elected to become a member of EBCE on November 15, 2016. EBCE procures energy that is transmitted to Dublin residents and businesses via PG&E infrastructure. EBCE provides three portfolio options for its customers: Bright Choice which is EBCE’s standard service and is offered at 2% below PG&E’s energy rate; Brilliant 100 which is 100% carbon free and is offered at a rate on par with PG&E’s rate; and Renewable 100 which is 100% renewable and 100% carbon free and is offered at 11.5% more than PG&E’s base rate. The City of Dublin has already opted its municipal accounts to Renewable 100. The City Council could also adopt a resolution to opt up all customers to either Brilliant 100, as the cities of Albany and Hayward have done, or Renewable 100, as the City of Piedmont has done. Opting up to either Brilliant 100 or Renewable 100 has the single largest GHG emissions reduction potential of any action that could be taken in the immediate future. If all energy provided to Dublin businesses and residents was carbon - free, then a reduction of 28,182 MT CO2e could be achieved by 2030 making up 37.4% of total reductions needed. Table 4 below created by EBCE shows monthly cost comparisons between different residential energy options in 2019. As the table shows, for the average resident the increase in cost between Bright Choice and Brilliant 100 is $0.63 per month and $7.56 per year, and for Renewable 100 it is $4.22 more per month and $50.64 more per year. Table 4. EBCE Residential Rate Comparison. Tiered Rate Plan E-1 Residential: E-1 PG&E PG&E Solar Choice 100% Renewable) EBCE Bright Choice EBCE Brilliant 100 100% Carbon-free) EBCE Renewable 100 (100% Renewable) Generation Rates ($/kWh) $0.11757 $0.09436 $0.08537 $0.08713 $0.09713 PG&E Delivery Rates ($/kWh) $0.13094 $0.13094 $0.13094 $0.13094 $0.13094 PG&E PCIA/FF kWh) N/A $0.02979 $0.03044 $0.03044 $0.03044 Total Electricity Costs ($/kWh) $0.24851 $0.25509 $0.24675 $0.24851 $0.25851 Average Monthly Bill* 89.21 $91.58 $88.58 $89.21 $92.80 Monthly Usage: 359 kWh Compliance with SB 1383 Requirements In September 2016, Governor Brown signed into law SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short -lived 298 Page 11 of 12 climate pollutants. Methane emissions resulting from the decomposition of organic waste in landfills are a significant source of GHG emissions. SB 1383 establishes targets to achieve a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. The law grants CalRecycle the regulatory authority to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. CalRecycle is currently in the rulemaking process with the goal of releasing final requirements in January 2020. Staff anticipates implementation of SB 1383 will require substantial staff time. CalRecycle’s Standardized Regulatory Impact Assessment of SB 1383-related proposed regulations on decomposition of organic waste in landfills estimates that implementation of all program requirements will cost each resident $17 annually and each business $662 annually. Based on the CalRecycle’s proposed regulations, by January 1, 2022 the City of Dublin must: 1. Adopt an ordinance mandating all residents (including multifamily properties), businesses, and institutions to have trash, recycling, and organics collection, and proper sorting of their waste into each container. 2. Establish an edible food recovery program for large generators that includes securing edible food recovery partners with adequate capacity to collect or receive excess edible food from generators. 3. Provide education and outreach to all generators on program requirements. 4. Procure compost for use in Dublin at levels established on a per capita index. 5. Plan for adequate capacity for recycling organic waste and for edible food recovery. Starting January 1, 2024, the City of Dublin must: 1. Monitor, enforce, and track proper waste sorting and implement escalating fines for non-compliance. 2. Expand edible food recovery program requirements to medium generators. CONCLUSION: Upon receiving City Council feedback this evening, Staff plans to return to the City Council with a final updated CAP in early 2020 for possible adoption. The draft measures proposed for the CAP update address GHG emissions generated from energy, transportation, and waste. If adopted, Staff intends to track measure implementation and associated GHG emissions reductions and report progress publicly on the City’s website. Staff also plans to participate in the Beacon Program administered by the Institute for Local Government. The Beacon Program honors voluntary efforts by local government to reduce GHG emissions, reduce electricity and natural gas in municipal facilities, and implement sustainability best practices. STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: 299 Page 12 of 12 Staff conducted community outreach to solicit input on priorities for inclusion as part of the Climate Action Plan (CAP) update development. This includ ed a community survey Attachment 5) and outreach at public events to promote the survey. Staff also received input on the draft measure from the CAP Task Force, which was formed by the City Council per Resolution 134-18 (Attachment 6) on December 3, 2018. ATTACHMENTS: 1. Resolution 167-10 Adopting the City of Dublin Climate Action Plan 2. Resolution 177-13 Adopting the City of Dublin Climate Action Plan Update 3. Resolution 122-19 Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code 4. Resolution 168-16 Approving an Agreement to Participate in a Joint Powers Agency for Community Choice Aggregation Program in Alameda County 5. Climate Action Plan Survey Responses 6. Resolution 134-18 Approving the Formation of a Climate Action Plan Task Force 300 Report on California Senate Bill 1383, Short- Lived Climate Pollutants Requirements May 4, 2021 301 Outline •Why the California legislature adopted SB 1383. •SB 1383 requirements for municipalities. •Dublin’s Implementation Planning. 302 Why SB 1383? –Goal is to reduce methane emissions from landfills, dairies and livestock, and organic waste. –Methane is produced in landfills by the anaerobic decomposition of organic material. –Landfills are responsible for 21% of California’s methane emissions. –Methane is more than 80 times more potent a climate pollutant than carbon dioxide. California Senate Bill (SB) 1383, Short-Lived Climate Pollutants, was adopted in September 2016. 303 SB 1383 Targets SB 1383 2025 Targets: •Achieve a 75% reduction in the level of statewide disposal of organic waste from the 2014 level. •Not less than 20% of currently disposed edible food is redirected from the landfill to food recovery organizations. 304 SB 1383 Requirements Program/Activity Implementation Date Provide Organics Collection Service to All Residents and Businesses January 1, 2022 Establish Edible Food Recovery Program January 1, 2022 Procure Recycled Organic Products & Recycled Content Paper Products January 1, 2022 Keep Records & Report Implementation Efforts January 1, 2022 Enforce Compliance –Jurisdiction •$50 to $500 per violation, depending on severity of violation. January 1, 2024 Enforce Compliance –CalRecycle •$500 per violation up to $10,000 per violation per day January 1, 2024 SB 1383 Major Requirements and Implementation Timeline 305 Provide Organics Collection Service •Organics collection service must be provided to all entities. •Containers must correspond with prescribed labeling & color scheme. •Annual education, outreach, inspection and enforcement required. 306 Establish Edible Food Recovery Program Food waste comprises 18% of organic waste in landfills. Some of that food, if recovered, is edible. Tier 1 Food Generators – January 1, 2022 Tier 2 Food Generators –January 1, 2024 Supermarkets Restaurant with ≥ 250 seats, or total facility size ≥ 5,000 square feet Grocery stores with total facility size ≥ 10,000 square feet Hotel with on-site food facility and ≥ 200 rooms Food service provider Health facility with on-site food facility and ≥100 beds Food distributor A state agency with a cafeteria with ≥ 250 seats or a total cafeteria size ≥ 5,000 square feet Wholesale food vendor A local education agency with an on-site food facility 307 Procurement Requirements •Jurisdictions required to procure recycled organic products equivalent to 0.08 tons per resident, or about 5,000 tons per year. •StopWaste estimates compost procurement costs up to $12 per person, or approximately $800,000 annually for Dublin. •Recycled content paper procurement is also required. 308 Record Keeping & Reporting Recording keeping and reporting requirements include: •Organics collection service levels; •Container monitoring and contaminant minimization programs; •Waivers granted; •Education & outreach programs; •Procurement records; and •Inspection & enforcement records. 309 Enforce Compliance Enforcement Required by January 1, 2024 Jurisdiction $50 to $500 per violation, depending on severity of violation CalRecycle $500 per violation up to $10,000 per violation per day •Jurisdictions must adopt an implementing ordinance prior to January 1, 2022. •Jurisdictions must demonstrate compliance with the prescriptive standard. 310 Dublin’s Implementation Planning •Following rulemaking process since 2016 legislation adopted. •Coordinating with StopWaste. •Request for Proposals for SB 1383 assistance. 311 Conclusion •Comprehensive mandate in SB 1383 to reduce methane reductions from landfills will require significant staffing and funding resources to develop the required programs to implement SB 1383. •SB 1383 contracts, programs, and ordinances will be presented to City Council as they are developed. 312 STAFF REPORT CITY COUNCIL Page 1 of 7 Agenda Item 8.3 DATE:May 4, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Transportation Program Update Prepared by: Pratyush Bhatia, Transportation and Operations Manager and Sai Midididdi, Associate Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City Council will receive a report on transportation planning projects, traffic operations, and ongoing efforts to improve and enhance the City of Dublin transportation network. STAFF RECOMMENDATION: Receive the report. FINANCIAL IMPACT: None. DESCRIPTION: This report describes some of the major on-going and upcoming transportation projects to enhance the transportation network and traffic operations in the City. Ongoing Projects Shared Autonomous Vehicle (SAV) Project The SAV project provides for improvements to the City’s transportation system using emerging technologies to support deployment of autonomous vehicles. The Livermore Amador Valley Transit Authority (LAVTA) received a $966,000 grant from the Bay Area Air Quality Management District to develop, evaluate, and deploy SAV technology. The City received a total of $385,000 of combined funds from the Metropolitan Transportation Commission (MTC) Innovative Deployment to Enhanced Arterials (IDEA) grant and from the Alameda County Transportation Commission (ACTC) Measure BB discretionary grant to support SAV testing on City of Dublin public streets. In November 2019, Dublin added LAVTA as an additional recipient of the IDEA grant to streamline administration of the MTC grant funds for the project and expedite project delivery. A major goal 313 Page 2 of 7 of the project is to improve mobility by providing first- and last-mile solutions for passengers between the BART Station and nearby locations. City costs are budgeted in the Capital Improvement Program project, Intelligent Transportation System Upgrade – Connected/Autonomous Vehicle and Safety Improvements, CIP No. ST0519 (Attachment 1). Working collaboratively with the City and MTC, LAVTA started SAV testing in the vicinity of the East Dublin/Pleasanton BART Station in July 2020. The testing phase was intended to identify and resolve any issues based on field observations of SAV performance. Some key issues that were addressed during testing include unnecessary stops related to the SAV identifying roadside objects, such as landscaping, as obstacles and necessary modification of signal timing to enable the SAV to safely make a U-turn at the intersection of Arnold Road and Martinelli Way. Several other elements of SAV operation were reviewed during testing. These included keeping the SAV on schedule, SAV speed, battery consumption and mileage, reaction to various obstacles, environmental factors requiring manual override of the SAV, and SAV performance under different weather conditions. After completing a comprehensive testing process, LAVTA started providing SAV passenger rides on November 16, 2020. Although there was a brief pause in the services due to Alameda County’s Stay-at-Home Order, services resumed on January 27, 2021. Reservations are needed at this time to ride the SAV due to COVID-19 safety protocols. The public can learn more about the SAV service by contacting LAVTA directly, or by visiting their SAV webpage at https://www.wheelsbus.com/sav/. Dublin and LAVTA staff will continue analyzing the vehicle, route, and service to better understand the SAV technology and improve customer service. Dublin, MTC, and LAVTA are continuing to collaborate on this project as LAVTA anticipates receiving additional grant funding to expand the SAV service in Dublin to connect to commercial centers north of Dublin Boulevard as a second phase of the project. Citywide Signal Communications, Advanced Traffic Management System, and Traffic Adaptive System The City has a total of 98 signalized intersections. Currently, 70 signalized intersections are connected to the City’s Traffic Operations Center (TOC) in City Hall. The TOC allows Staff to remotely control and monitor signal timing at connected intersections. In 2018, the fiber optic communications network was expanded, and an adaptive traffic signal system was installed on Dougherty Road as part of the Dougherty Road Improvements construction project. In Fiscal Year 2019-20, a new fiber optic communication network was installed on Dublin Boulevard between Tassajara Road and Fallon Road as part of the Kaiser Development project. This connected 15 of the 70 signalized intersections to the TOC. In addition to incorporating new infrastructure and upgrading existing infrastructure as part of Capital Improvement Program and private development projects, the City funds ongoing upgrades to the traffic signal communications system through the Citywide Signal Communications Upgrade Project, CIP No. ST0713 (Attachment 2). Staff is currently working on improving the traffic signal 314 Page 3 of 7 communications system on Dublin Boulevard by upgrading copper communication cables to fiber optic cables along two major segments of Dublin Boulevard: 1. Dublin Boulevard between San Ramon Road and Sierra Court 2.Dublin Boulevard between Hacienda Drive and Tassajara Road Fiber optic cables provide higher bandwidth communication necessary to support newer traffic signal technologies such as video detection, traffic monitoring cameras with high-definition video streams, adaptive signal systems, and transit signal priority. It will also allow expansion of future signal operation needs. This project will also expand the existing adaptive traffic signal system (Synchrogreen) on Dublin Boulevard to include the intersections from Hacienda Drive to Fallon Road. The adaptive traffic signal system gathers real-time traffic data and automatically adjusts the timing of traffic signals along Dublin Boulevard to reduce delay and increase safety. The current system has performed well in providing signal coordination and progression along Dublin Boulevard between San Ramon Road and Hacienda Drive, prioritizing transit, and reducing travel time and delays. This project also includes installation of battery backup units at 28 traffic signals. A battery backup system keeps a traffic signal active, and therefore enhances safety, in the event of a power outage. The project is currently in the design phase with construction anticipated to complete in summer 2022. Bicycle and Pedestrian Master Plan Update An update of the City of Dublin Bicycle and Pedestrian Master Plan began in Fiscal Year 2019-20. The Bicycle and Pedestrian Master Plan is a critical planning, policy, and implementation document that supports Dublin’s efforts in improving the safety of biking and walking and to promote them as a preferred mode of transportation. Periodic updates to the Plan are necessary to ensure alignment with industry standards, incorporate the latest best practices, meet current community needs, and inform investments in biking and walking infrastructure. The last update to the Plan occurred in 2014. The Plan update is funded through the Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517, which also funds other activities to improve bicycle and pedestrian facilities throughout the City (Attachment 3). For the Bicycle and Pedestrian Master Plan update, Staff has completed the existing conditions analysis, demographic analysis, collision analysis, and level of traffic stress analysis. A project website has also been launched to inform the public about the Plan update and to gather feedback. In addition, Staff conducted a virtual workshop, two technical advisory committee meetings, benchmark interviews with representatives of seven City departments and the Dublin Unified School District, an Alameda County Transportation Commission Bicycle and Pedestrian Advisory Committee meeting, and a Chamber of Commerce meeting to introduce and solicit comments on the Plan update. Staff is currently working on scheduling focus group listening sessions, drafting non- infrastructure recommendations, developing the prioritization framework to determine what 315 Page 4 of 7 factors will be used to prioritize locations of improvements, and conducting demand analysis to evaluate the mode shift potential of infrastructure recommendations. Dublin Boulevard Extension Project The City of Dublin is the lead agency in a project to extend Dublin Boulevard approximately 1.5 miles from Fallon Road in the City of Dublin, through an unincorporated portion of Alameda County, to North Canyons Parkway in the City of Livermore. The extension is planned to have four to six travel lanes, bike lanes, sidewalks, traffic signals, streetlights, utilities, and landscaping. The Environmental Impact Report (EIR) for the project was completed in August 2019. The National Environmental Policy Act (NEPA) Environmental Assessment (EA) for the project was completed in February 2021 with a Finding of No Significant Impact (FONSI). NEPA approval makes the project eligible to receive Federal funding. The project is funded through the design phase with the Dublin Boulevard Extension – Fallon Road to North Canyons Parkway Project, CIP No. ST0216 (Attachment 4). The Alameda County Transportation Commission (ACTC) is the implementing agency for the final design phase in cooperation with the Dublin, Livermore, and Alameda County. The final design is anticipated to begin in spring 2021 and be completed in 24 months. Staff continues to work on the project to support the design phase. Citywide Travel Demand Model (TDM) Update The City’s TDM is used to forecast future year traffic volumes on arterial and collector roadways, as well as analyze future land use development proposals and transportation network changes in the City. The last comprehensive update was done in 2013 and was based on the 2011 ACTC countywide model. The updated City of Dublin TDM will be based on the 2018 version of the ACTC countywide model. The base year for the updated model will be 2020. The update to the TDM is anticipated to be completed in May 2021. Benefits of updating the citywide model include: •Better resolution and accuracy for land use and trip generation in Dublin. •Ensure land use assumptions include recently completed projects such as the Boulevard Development, Kaiser, Zeiss Innovation Center, approved projects such as IKEA Retail Center, and future projects like the Dublin Boulevard Extension. •Improved calibration for traffic conditions in Dublin. •Customized geographic detail based on proximity to transit and other factors. •More precise citywide Vehicle Miles Traveled (VMT) averages for each land use type. •Consistence with the current ACTC Countywide model. The TDM update is funded as part of the Citywide Signal Communications Upgrade Project, CIP No. ST0713 (Attachment 2). Traffic Signal Resiliency and Disaster Preparedness In recent years, Dublin has experienced several temporary power outages due to Pacific Gas & Electric Company Public Safety Power Shutoff (PSPS) events and other unplanned events. During 316 Page 5 of 7 these power outages, signalized intersections are impacted due to loss of power. Although 70 percent of the intersections are equipped with battery backup units, the batteries only provide power for up to six hours. The length of time a signal can function on battery power depends on the age and size of the batteries, electrical load need of the intersection, and the type of intersection. For intersections without permanent backup units, Public Works has used temporary generators to provide electricity to traffic signals during power outages. Lack of power to traffic signals can significantly impact the community and emergency service providers, especially along major transportation corridors and at large, multi-lane intersections closer to freeway ramps, such as the intersection of Dublin Boulevard and Dougherty Road. To prepare for future PSPS events and other unforeseen emergencies, and to minimize the impacts to traffic flow on arterials and collectors when a signal loses power, Staff is working on a traffic signal resiliency project to provide or upgrade backup power and maintain signal operations at the 23 signalized intersections listed below. 1. Dublin Boulevard at Dougherty Road 2. Dougherty Road at Amador Valley Boulevard 3. Dublin Boulevard at Hacienda Drive 4. Hacienda Drive at Martinelli Way 5. Dublin Boulevard at Tassajara Road 6. Dublin Boulevard at Fallon Road 7. Fallon Road at Fallon Gateway 8. Dublin Boulevard at Village Parkway 9. Dublin Boulevard at Amador Plaza 10.Dublin Boulevard at San Ramon Road 11.San Ramon Road at Amador Valley Boulevard 12.Village Parkway at Amador Valley Boulevard 13.Tassajara Road at Fallon Road 14.San Ramon Rd at Alcosta Boulevard 15.Dublin Boulevard at Scarlett Drive 16.Dougherty Rd at Scarlett Drive 17.Hacienda Dr at Gleason Drive 18.Gleason Drive at Fallon Road 19.Gleason Drive at Tassajara Road 20.Amador Valley Boulevard at Amador Plaza Road 21.Dublin Boulevard at Arnold Road 22.Horizon Parkway at Arnold Road 23.Horizon Parkway at Scarlett Drive Most of these locations will be equipped with battery backup units, however at the largest and most critical intersections, Staff is considering the use of hydrogen fuel cells to provide uninterrupted power to the traffic signal. Hydrogen fuel cells can provide electricity for up to three days, which is 12 times longer than a battery backup unit. Upcoming Projects Tassajara Road Arterial Management Project The City of Dublin received a Transportation Fund for Clean Air (TFCA) grant in Fiscal Year 2020- 21 to coordinate 11 traffic signals along the Tassajara Road corridor. The project is anticipated to start in fall 2021. Signal coordination provides a means by which a sequence of green lights is established along a series of traffic signals to minimize the interruptions to traffic flow between these signals. The benefits of signal timing include reducing greenhouse emissions by improving traffic flow, reducing the number of stops, minimizing traffic congestion, and decreasing fuel 317 Page 6 of 7 consumption. The project will also upgrade traffic signal controllers, hardware, and battery backup units at four intersections along the corridor. This effort is funded as part of the Citywide Signal Communications Upgrade Project, CIP No. ST0713 (Attachment 2). Safe Routes to School Improvements This project will include installation of Rectangular Rapid Flashing Beacons and other intersection improvements such as bulb-outs or median extensions, and upgrade of curb ramps to be compliant with the Americans with Disabilities Act standards at three locations: 1. Central Parkway and Aspen Street 2. Amador Valley Boulevard and Burton Street 3. Grafton Street and Antone Way The proposed improvements were selected based upon recommendations resulting from walk audits performed by Staff, representatives from the Dublin Unified School District, parents in the community, Police Services, traffic engineering consultants, and transportation planning consultants. Staff has applied for a Safe Routes to School mini-grant and Transportation Development Act Article 3 funds to partially fund design and construction. These grants are discretionary and allocated to the City by ACTC and MTC. If awarded, Staff will return to the City Council to approve the grant funding agreements. Available funding for this work comes from the Citywide Bicycle and Pedestrian Improvements project, CIP No. ST0517 (Attachment 3). Local Roadway Safety Plan On March 16, 2021, the City Council approved a funding agreement with the State for the development of a Local Roadway Safety Plan (LRSP). Federal regulations require that each State have a Strategic Highway Safety Plan (SHSP). While the SHSP is used as a statewide approach for improving roadway safety, an LRSP can be a means for providing local and rural road owners with an opportunity to address unique highway safety needs in their jurisdictions while contributing to the success of the SHSP. The LRSP creates a framework to systematically identify and analyze safety problems and recommend safety improvements. Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide SHSP. The LRSP can be tailored to local protocols, needs, and issues. Starting in 2022, the Federal Aid Highway Safety Improvement Program (HSIP) will require an LRSP for an agency to be eligible to apply for HSIP funds. A City of Dublin LRSP, in conjunction with an updated Bicycle and Pedestrian Master Plan, will provide a framework to develop and improve a transportation system that promotes multi-modal transportation options and addresses community safety needs. Development of the LRSP is proposed to be funded with a new Capital Improvement Program project, Local Roadway Safety Plan, which was introduced to City Council on April 20, 2021, and will be presented to City Council for approval on June 1, 2021, as part of the update to the five-year Capital Improvement Program. 318 Page 7 of 7 STRATEGIC PLAN INITIATIVE: None. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. ATTACHMENTS: 1) Intelligent Transportation System Upgrade – Connected/Autonomous Vehicle and Safety Improvements Project, CIP No. ST0519 2) Citywide Signal Communications Upgrade Project, CIP No. ST0713 3) Citywide Bicycle and Pedestrian Improvements Project, CIP No. ST0517 4) Dublin Boulevard Extension – Fallon Road to North Canyons Parkway Project, CIP No. ST0216 319 Number ST0519 Program STREETS PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS 9100 $8,987 $14,353 $23,340 9200 $21,260 $45,108 $66,368 9400 $5,013 $605,161 $610,174 $35,260 $664,622 $699,882 Salaries & Benefits Contract Services Improvements INTELLIGENT TRANSPORTATION SYSTEM UPGRADE – CONNECTED/AUTONOMOUS VEHICLE AND SAFETY IMPROVEMENTS ESTIMATED COSTS TOTAL 2020-2025 CAPITAL IMPROVEMENT PROGRAM PROJECT DESCRIPTION This project provides for improvements to the City's transportation system using emerging technologies, such as support for connected and autonomous vehicles, and is a collaborative effort between the City of Dublin, Livermore Amador Valley Transportation Authority (LAVTA), and the Metropolitan Transportation Commission (MTC). System improvements will be completed both by the City and MTC. MTC's work is funded with a $385,000 federal grant through MTC's Innovative Deployments to Enhance Arterials (IDEA) Challenge Grant Program. To streamline administration of grant funds for the project and to expedite project delivery,MTC Resolution No. 4202 was revised on September 25, 2019 to add LAVTA as co- recipient of the IDEA II grant, which provides direct access to LAVTA to the grant funds, while also allowing MTC, LAVTA, and the City to cooperatively implement different elements of the project. The funding source for the MTC/LAVTA led work is shown as "Other" because MTC project costs will be funded directly by MTC. The City and LAVTA have a Memorandum of Understanding that outlines the roles and responsibilities of each agency regarding the project implementation.The local match for the IDEA II grant will be paid by Alameda CTC’s Measure BB grant to the City, for project elements implemented by MTC, LAVTA, and the City of Dublin. Transportation system improvements will include: Connected Vehicle Software that will integrate with the City's central traffic management system to broadcast real-time traffic signal information to transit vehicles and other motorists; Shared Autonomous Vehicle (SAV) Communications that will provide for the integration of SAV with the City's traffic signal controllers. LAVTA's testing of SAVs on public streets in the City in the vicinity of the Dublin/Pleasanton BART Station, and this project will allow for the SAVs to communicate and interface with the City's traffic signal controllers. The project will also evaluate vulnerable road user protection systems at 3 to 4 signalized intersections on Dublin Boulevard in the vicinity of the BART station to see if it can effectively detect pedestrians and bicyclists in or near the intersections. The Iron Horse Trail crossing at the intersection of Dublin Boulevard and Scarlett Drive will have passive bicycle and pedestrian detection allowing trail users to be detected before reaching the intersection in order to reduce the wait time at the signalized crossing. ANNUAL OPERATING IMPACT: None MANAGING DEPARTMENT: Public Works 320 PRIOR YEARS 2020-2021 BUDGET 2021-2022 2022-2023 2023-2024 2024-2025 FUTURE YEARS TOTALS 2201 $11,895 $113,105 $125,000 2212 $23,365 $87,835 $111,200 2217 $78,682 $78,682 9997 $385,000 $385,000 $35,260 $664,622 $699,882 ANNUAL OPERATING IMPACT State Gas Tax FUNDING SOURCE TOTAL Vehicle Registration Fee (ACTC) Measure BB Grants Other 321 Attachment 2322 323 Attachment 3324 325 Attachment 4326 327 Item 8.3 Transportation Informational Report City Council Meeting 5/4/2021 328 Report on On-Going and Upcoming Projects Ongoing Projects Shared Autonomous Vehicle Testing Signal Communication/Traffic Adaptive Signal System Upgrades Bicycle and Pedestrian Master Plan Dublin Blvd Extension Traffic Signal Resiliency Upcoming Projects Tassajara Road Arterial Management Safe Routes to School Access and Safety Improvements Local Roadway Safety Plan 329 •October 19, 2016 –LAVTA receives BAAQMD grant ($966,000) •February 2018 –City of Dublin receives MTC Grant •February 28, 2018 –AB 1444 (extension)permits operation of an autonomous vehicle on public roads for testing purposes •June 22, 2018 –DMV registration of EZ-10 •December 12, 2019 –NHTSA Approval •Goal: First and Last Mile Connectivity to the Dublin/Pleasanton BART Station •Testing started in July 2020 on Altamirano Avenue and Arnold Road Shared Autonomous Vehicle Pilot Timeline 330 Shared Autonomous Vehicle Pilot •The testing phase has provided insight about SAV operations on public streets with pedestrian, bicycles, and vehicles •LAVTA started providing SAV passenger rides on November 16, 2020. Next Steps •Goal: Extend the route north of Dublin Boulevard. •Upgrade the SAV to increase speed. •Test communication :SAV and traffic signals using C-V2X Draft 331 Signal Communication and Adaptive Signal System Upgrades 332 Bicycle and Pedestrian Master Plan Update Vision & Goals Plan Vision The City of Dublin is a vibrant place where walking and biking are safe, comfortable, and convenient ways to travel and connect individuals, inclusive of all ages and abilities, to local and regional destinations. Plan Goals 1.Enhance and prioritize safety in design and implementation 2.Increase Walking and Biking by making them more attractive modes 3.Improve Connectivity by developing a well-connected network 4.Enhance accessibility using design principles 5.Prioritize Investments and funding for bicycle and pedestrian facilities 333 Bicycle and Pedestrian Master Plan Update Project Overview Project Initiation Baseline Inventory & Needs Analysis Network Recommendations & Implementation Plan Plan Documentation & Environmental Review Updated Bicycle & Pedestrian Plan Public Participation In-Person Event (as County health conditions allow) Community Workshop Technical Advisory Committee Meeting Early 2022Late 2021Mid/Late 2021Fall 2020 334 Bicycle and Pedestrian Master Plan Update Project Engagement •Technology and Virtual Meetings •Project Website –http://dublinbikeped.org/ •BPAC meeting: September 17, 2020 •Chamber of Commerce: March 9, 2021 •Five Technical Advisory Committee(TAC) Meetings at Key Stages Future Events •Public Event at Dublin Farmers Market and a virtual BPAC: May 27, 2021 •May: Bike Month and Activities 335 Dublin Boulevard Extension Project •1.5-mile extension from Fallon Road to North Canyons Parkway •EIR completed in 2019 •NEPA completed February 2021 •ACTC is the lead on Final Design –Anticipated to start May 2021, 24 months to complete –Design Review,Developer Coordination, Mitigation Strategy and Economic Development Zone 336 Traffic Signal Resiliency and Disaster Preparedness •Planning for PG&E Public Safety Power Shutoff (PSPS) events •Impacts at major arterial and roadway signals. •Battery Backup Units: 6 hours of power •Backup power upgrades at 23 intersections. •Improvements options: battery backups units, hydrogen fuel cells Draft: Intersections 337 Upcoming Projects •Tassajara Road Arterial Management Project •Safe Routes to School Access and Safety Improvements –Crosswalk improvements •Local Roadway Safety Plan –City Council Approved Funding Agreement with State on 3/16/2021 –Proactive Approach to Safety 338 Questions? 339